Sir 414. THE PRESIDENT OF CONGRESS (HENRY LAURENS) TO THE GOVERNOR OF NEW JERSEY (WILLIAM LIVINGSTON).1 17th July [1778.] Your Excellencys Letter of the 25th Ulto. reached me in this City. Here many impediments prevented the forming Congress earlier than the 7th Instant. On the 8th I had the honor of presenting that Letter and the pleasure of perceiving an high degree of indignation kindling in the minds of Members as I advanced in unfolding the villianous attempts of the Enemy against Your Excellencys Person. This indignation was discernable even in Gentlemens countenances, but more strongly marked in expressions suitable to the occasion which broke forth from many quarters of the House. The Letter was committed,2 but our attention almost ever since that period has been drawn to the businesses which Your Excellency well knows, naturally arise from the arrival of a Minister Plenipotentiary in the City where Congress sit, and the fleet of an Ally on the Coast which Congress wish to have cleared of Enemies.3 from these considerations Your Excellency will not be surprized that a Report has not yet come up from the Committee. Dear Sir, 415. HENRY LAURENS TO GEORGE WASHINGTON.1 PHILADELPHIA 18 July 1778. Yesterday I had the honor of writing to Your Excellency a public letter by James Martin and also of presenting to Congress Your Excellency's favor of the 14th, which the House received with satisfaction. Permit me Sir, to recommend to Your Excellency's protection two Packets from the Sieur Gerard to Count d'Estaing, which will accompany this. I have assured Monsieur Gerard that it is altogether unnecessary to urge Your Excellency to give these dispatches the quickest safe passage to the Vice Admiral. Prizes are finding the way into Delaware, one, laden with Rum Limes etc. intended for the Enemy's refreshment embraced one of our Wharves the Evening before last and I learn a Rich Ship is on her way up. I have this moment Recd. a second Letter from the British Commissioners if I dared to venture an opinion, from a very cursory reading of the performance, it would be, that this is more puerile than any thing I have seen from the other side, since the commencement of our present dispute, with a little dash of insolence, as unnecessary as it will be unavailing. If the Marquis de Vienne will indulge me, till I return from Congress Your Excellency will find a Copy of that Letter within this. at present [414]1 Library of Congress, President's Letter-Book, II. 30. 2 See the Journals, July 8. No record of a report from the committee has been found. 3 See no. 411, note 3, ante. [415] Library of Congress, Letters to Washington, XXIV. 34; Letters to Washington (ed. Sparks), II. 159. as he is on the Wing I must send to obtain his permission and in order to be quite ready in case he shall refuse to wait, conclude this with repeated assurances of being, with the highest Esteem and Respect Dear Sir, Your Excellency's Obliged and Obedient humble Servant, HENRY LAURENS [P. S.] Returned from Congress 3 oClock-a Resolve relative to the Commissioners Letter that it ought not to be answered etc. with the Letter will appear in print.2 416. HENRY LAURENS TO THE GOVERNOR OF NEW JERSEY (WILLIAM LIVINGSTON).1 18th July [1778.] Dear Sir When Congress were on the point of adjourning, your Excellency's Letter of the 17th was brought in to me, and I immediately presented it to the House, but I received no order, therefore I speak to it only private. Your Excellency's opinion respecting common Lands will have my simple voice, provided we agree in the necessary preliminary Lines.2 417. HENRY LAURENS TO THE GOVERNOR OF GEORGIA (JOHN HOUSTOUN).1 18th July [1778.] Dear Sir Georgia has at present only one Delegate in Congress who alone cannot on her part ratify confederation.2 I am very unhappy from having received no further commands from Congress respecting poor little 2 See the Journals, July 18, and no. 421, post. [416] S. C. Hist. Soc., Laurens Letter-Book, Mar.-Sept., 1778, p. 218. 2 See the Journals, July 18. [417] S. C. Hist. Soc., Laurens Letter-Book, Mar.-Sept., 1778, p. 221. See no. 411, note I, ante. 2 Edward Telfair attended July 13 and John Walton July 23, and on July 24 these two signed the Articles of Confederation. See the Journals, and no. 396, note 2, ante. Cf. nos. 404, 405, ante. About this time there must have been put into the hands of President Laurens a letter addressed to him by the Rev. Dr. Zubly. The letter, which is dated at "Midlesex, state of South Carolina, June 27, 1778", discusses in particular his banishment from Georgia and asks leave to address the President of Congress in "a Candid Narrative signed with my Name, Supported by Vouchers ", etc. The letter is in the Long Island Historical Society, Laurens Papers. There is no record in the Journals that this or any subsequent memorial from Zubly was presented in Congress. His appeal to the grand jury Oct. 8, 1777, written immediately after the act of confiscation and banishment, is in Ga. Hist. Quar., I. 161. Elkanah Watson records in his Men and Times of the Revolution (p. 60): On the 6th of February [1778], we reached the Savannah river at Zubly's ferry. At the same time, Dr. Zubly and his son crossed the river from the Georgia side. . . . . Dr. Zubly informed us, that he could not conscientiously sustain the cause of Independence; and, in consequence, that he and his son were this day banished from Georgia, and his estate confiscated. He expressed strong indignation, at the ingratitude and harshness he had experienced. Although he was much depressed and extremely agitated, his conversation was in the highest degree interesting and instructive. He concluded the evening with an eloquent and affecting appeal to the throne of grace, to vindicate the rectitude of his intentions." Georgia; in hopes of such I had detained the Bearer three days, but the arrival of a French squadron and a Minister Plenipotentiary has accumulated the labours of Congress insomuch that many necessary considerations for the benefit of particular States unavoidably lie dormant. the first hour of leisure I will give Mr. Telfair all the aid in my power to bring his state on the tapis.3 Sir 418. HENRY LAURENS TO THE MARQUIS DE LAFAYETTE.1 18th July [1778.] I have with pleasure executed an Order of Congress by signing and delivering a Brevet to the Marquis de Vienne to rank Colonel in the Army of United States of America. My pleasure as an individual would not have been less if my name had been ordered to a full Commission. such an one I make no doubt will be readily granted if the Marquis de Vienne shall think it more valuable than the present, when he shall be returning to his Native Clime. Your Excellency cannot conceive the embarrasment which is often occasioned to Congress by granting Commissions to foreign Gentlemen to the prejudice of rank of many of our own home born Officers, who have served the public with honor from the very commencement of the War. . 419. SAMUEL HOLTEN, DIARY.1 [July 18, 1778.] 18. Congress received a letter from the Com'rs of the King of Great Britain, but it was couched in such terms no answer is to be given.2 420. GOUVERNEUR MORRIS, PROPOSED RESOLVES.1 [July 18? 1778.] A Remonstrance etc. etc. being read Congress took the same into Consideration and thereupon Resolved that on the 4th Day of July 1776 the Colonies of New Hampshire etc. etc. being duly represented by their Delegates in Congress did declare themselves to be sovereign free and independent States, that being in full possession of the Independence so declared these United States by their Commissioners at Paris thereunto duly authorized did on the [6th] Day of February 1778 enter into Treaties of Commerce and Alliance with his most Christian Majesty thereby further asserting and being admitted to their Station among Sovereign Powers, and therefore that the said United States are entitled to and in possession of all the dignities and 3 Cf. the Journals, May 29, June 26, and no. 482, post. [418] S. C. Hist. Soc., Laurens Letter-Book, Mar.-Sept., 1778, p. 215. 2 See the Journals, July 15, Oct. 27. Two letters from Lafayette to Laurens, both dated at Brunswick, July 6, are in S. C. Hist. and Geneal. Mag., IX. 59-60, the first transmitting a petition of Major Du Bois, the second relating in part to Vienne, but also to Du Bois and Tousard. [419]1 Essex Inst. Hist. Colls., LV. 167. 2 See nos. 420-422, post. [420]1 S. C. Hist. Soc., vol. XV. Privileges which appertain to such Powers by the Laws of Nature and Nations. Resolved that it is the indispensible Duty of Congress to claim and maintain the Dignities and Privileges aforesaid in their fullest Latitude and Comprehension. Resolved that no Person can have Authority or be authorized or admitted to treat with or make Propositions to any Prince or State on Behalf of the King or Kingdom of Great Britain unless by Powers derived from the said King in the Manner and Form customary and acknowledged among Nations. Resolved that neither of the Commissioners above mentioned appear to be duly impowered either as an Ambassador, Minister Plenipotentiary Resident or otherwise to represent the King of Great Britain to these united States. Wherefore Resolved that Congress can by no Means hold any Treaty with or answer any Proposition which may be made by the Said Commissioners or either of them.2 421. SAMUEL ADAMS TO JAMES WARREN.1 PHILADA. July 20, 1778. My dear Sir, 2 This document, which is in the writing of Henry Laurens, is endorsed, "Mr. Morris's Move for Ansr. to Commiss'rs". It is without date, but the tone and contents of the resolves suggest that they were probably prepared as a response to the letter of July II from the British commissioners, which was read in Congress July 18. It seems less probable that they could have been intended as a reply to the commissioners' letter of June 9, particularly in view of the fact that Morris prepared the response that was actually sent. Moreover, if the resolves had been prepared on that occasion, it seems probable that Morris's letter to Jay June 23 (no. 378, ante) would have contained some intimation of them. The word Remonstrance suggests the communication of Aug. 7, read in Congress Aug. 12, but that remonstrance pertained to the convention troops, which are not mentioned in these resolves. Cf. no. 443, post. The Journals of July 18 would seem to indicate that the resolution there recorded was taken immediately upon the receipt of the communication and without the intervention of a committee; nevertheless there may have been much intervening discussion of which the Journals give no intimation. That part of the letter of the commissioners which more particularly appears to have suggested these resolves is this: "We likewise think ourselves entitled to a full_Communication of the Powers by which you conceive yourselves Authorized to make Treaties with Foreign Nations. "And we are led to ask Satisfaction on this point because we have observed in your proposed Articles of Confederation Nos. 6 and 9 it is stated that you should have the Power of entering into Treaties and Alliances under certain Restrictions therein specified Yet we do not find promulgated any Act or Resolution of the Assembly's of particular States conferring this Power on you" (Library of Congress, U. S. Revolution). Inasmuch as the commissioners raised the question of the authority of Congress to make treaties, these resolutions propose to raise a similar question with regard to the powers of the British commissioners. In the address to the Earl of Carlisle by "An American", presumably Gouverneur Morris (see no. 421, note 2, post), this language is found: It is a most diverting circumstance to hear you ask Congress what power they have to treat, after offering to enter into a treaty with them, and being refused. But I shall be glad to know by what authority you call on them for this discovery. The Count de Vergennes had a right to it, but the Earl of Carlisle certainly has not." [421] Mass. Hist. Soc., Warren MSS., vol. 3, p. 218; Writings (ed. Cushing), IV. 45 (dated July —, printed from the draft, showing considerable variations). 2 Resolution upon it. This shuts the Door and it will remain shut till they will be pleasd to open it again. Governor Johnston has acted so base a Part as to hint the offer of Bribes to the President and every other Member of Congress, as well as the General, as you will see in the printed Letter to Mr. R Morris. By this he has in my Opinion forfeited the Character of an honest Man and exposd himself to the just Contempt of the World. I hope some Strictures will be made in the News Papers on this, as well as the disrespectful and even insolent Language in the Commissioners' Letter, not so proper to be noticed by Congress. I have lately been well assured that a Bribe of ten thousand Guineas has been offerd to a Gentleman of Station and Character here. He refusd it, as you might well suppose, with proper Resentment, telling the Lady who negotiated this dirty Business, that the British King was not rich enough to purchase him.3 Mr. D. of whom I may hereafter have much to say to you, is arrivd with the Sieur Gerard. I have long ago made up my opinion of the American Commissioner, and have not yet alterd it. That of the french Minister is a sensible prudent Man, not wanting in political Finesse, and therefore not to be listend to, too implicitly. The french Squadron lies off Sandy Hook. . . . . Mr. D's political and commercial Friends, some of whom I suppose are in Boston, are disposd to give him great Eclat, on Account of the Aid afforded us in sending this Squadron. His Interest is represented as having been very forceable in procuring it, and the News Papers mention the Tokens of great Respect shown to him by the King and his Ministers at Versailes. The Truth, as I conceive it is, The total Överthrow of Burgoyne's Army was an Event which, it was thought, would produce Overtures from Britain, and France was apprehensive of our listening to Terms and compromising Matters. Hence it was, more than from any other Cause or the Interest of any Individual, that a Treaty was facilitated and agreed to; and to secure us in their Alliance and suport us in our Independence was, I suppose, their Intent in sending this Squadron as well as the Purpose of Mr. Gerard's Mission. I have not yet answerd your Letter of the 26th of June. I declind it, until I could assure you that the Sum you wishd for, for the Use of your Department, was granted. I now have the Pleasure of acquainting you, 2 In the Pennsylvania Packet of July 21 are found: the letter of Carlisle, Clinton, Eden, and Johnstone to Congress July 11, Johnstone to Dana June 10 (with omissions), Johnstone to Reed Apr. 11, Johnstone to Morris June 16, "An American (Gouverneur Morris? cf. no. 378, ante) to the Earl of Carlisle, and W. H. D. (William Henry Drayton) to the commissioners July 18. Drayton's address includes an extract of Johnstone's letter to Robert Morris and also a statement of Joseph Reed, the latter being essentially the same as that included in the "Declaration" of Congress Aug. 12. These letters are in Almon's Remembrancer, 1778-1779, pp. 8-12, 19-22. See nos. 360, 373, ante; cf. no. 514, post. 3 Joseph Reed. Cf. no. 373, ante, and nos. 422, 429, post. The lady was Mrs. Elizabeth Ferguson. An account of the episode by Joseph Reed, bearing the date Sept. 8, 1779, was printed by Francis Bailey in the same year, with the title, Remarks on Governor Johnstone's Speech in Parliament; with a Collection of all the Letters and Authentic Papers relative to his Proposition, etc. It includes a statement of Mrs. Ferguson “To the Public", dated Feb. 16, 1779, relating her part in the affair. * Deane. See no. 401, note 2, ante. |