LETTER TO THE NAVY BOARD.

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Jones. After waiting some days, I concluded to hear Capt. Landais on the 15 of November without longer delay; and that the impartiality of the enquiry might be more clear, I requested the above-named, a friend of Capt. Landais, and Dr. Bancroft, a friend of Comm'e Jones, to be present.

With this I send the minutes that were taken on that occasion.1

The justification Capt. Landais offers in answer to the charge of disobedience of the Commodore's orders, seems to call upon me for an explanation of what relates to those I had given Capt. Landais. The armament was made at l'Orient; M. de Chaumont was present there and had the care of it. I was necessarily at a great distance, and could not be consulted on every occasion, and I was not on the following: A convoy being wanted for some merchant ships to Bordeaux, and our squadron being ready, and there being time sufficient, it was employ'd in and performed that occasional service. The "Alliance" and "Bonhomme Richard" afterwards, at sea, ran foul of each other in the night, and all return'd to l'Orient. The state of the crew, as well as that of the ship, making it at first doubtful whether the "Bonhomme Richard" might not be long detained in port, I was apply'd to for the conditional order I gave on the 28th of July to Capt. Landais. I could not foresee that he would think a cruise, for which he was to take on board six months provisions, and during which he was to be under the orders of Comm'e Jones, was accomplished by the little trip to Bordeaux and the return above mention'd, and that he was therefore no longer under those orders. Nor could I imagine that a conditional order for cruising alone, in case the "Bonhomme" could not be 1 This is, unfortunately, lost.

ready in time, would, if she was ready, and they sail'd together, be construed into an exemption from that subordination, in a squadron, which regular discipline and the good of the service requires; otherwise, I should certainly have removed those misapprehensions by fresh and very explicit orders. How far Capt. Landais is justifiable in these interpretations and his consequent conduct, must be left to his proper judges.

The absence of Commodore Jones and of all the witnesses (so that none of them could be cross-examined) have made this inquiry very imperfect. You will perceive that contradictions appear in the evidence on both sides in some very material points. These, with my ignorance in the manoeuvring of ships engag'd and their possible operations under sail, the variety of circumstances that wind, tide, and the situation afford, make it as impracticable for me to form, as it would be improper for me without authority to give, a judgement in this affair. I will only take the liberty of saying in favour of Capt. Landais that, notwithstanding the mortal quarrel rose between them at sea, it does not appear to me at all probable that he fired into the "Bonhomme Richard" with design to kill Capt. Jones. The enquiry, tho' imperfect, and the length of it, have, however, had one good effect, in preventing hitherto a duel between the parties, that would have given much scandal; and which I believe will now not take place, as both expect justice from a court martial in America.

I have the honour to be, Gentlemen, &c..

It will be seen from this letter that, of all the trouble which Franklin had received from the various sea-captains of the United States Navy, that brought on him by Pierre Landais outweighed all the rest. Indeed, Captains

LANDAIS TO FRANKLIN.

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Wickes, Conyngham, and Jones, although they occasioned some annoyance to Franklin, did so in the most innocent manner imaginable, each one of them having for the Doctor very great reverence, esteem, and affection. With Landais it was different. He was of a different disposition in many ways. He was no countryman of Franklin's.

He was a tremendous stickler for his own honor and his own rights. "I find him," wrote Franklin to Jones, of Landais, "so exceedingly captious and critical, and so apt to misconstrue as an intended injustice every expression in our language he does not immediately understand, that I am tired of writing anything for him or about him, and am determined to have nothing further to do with him."

And this affair was particularly vexatious. Franklin's sympathies would have led him to side with Jones, and this perhaps had the effect of rendering him too lenient with Landais. At least, it gave a very troublesome turn to the whole business. It is difficult now to come to a judgment. Unquestionably, Landais was to blame. The question seems to be just how far was he in the wrong? And this probably can never be settled with absolute certainty. At all events, the matter was not settled in the winter of 1779-80. Landais remained in Paris, doing we know not what. On the 10th of February he wrote to Franklin as follows: :

PLEASE YOUR EXCELLENCY, I have been, ever since January 15th, waiting for the favour of your answer to the letter I had the honour to send you the same day; and for the copy of the letter from Monsieur de Sartine to you,1 in consequence of which you ordered me to come to Paris, which you was so obliging to tell me you would send me,

1 From which was quoted the passage on p. 320.

as I do want it for to write my justification to that minister. I beg if you would send it, with your order to stay in Paris till the time you'll procure me a proper passage to go to America, while the frigate "Alliance" will be there, for to be tryed by a Court-martial, being the only judges that I can have on such occasion.

I have been detained here for nothing, I find, these three months past. When I came from Holland I expected some justice should be done, and I should be sent back (with the deserved glory of having, by my conduct in the engagement of the 23a Sep. last, not only prevented the "Bon Homme Richard" of being taken by the "Serapis," but also reduced and made strike the last ship, &c.,) to take the command again of the "Alliance," and that the malignant should be punished for his having calomniated me; but it has been quite the contrary. To what is it owed to? The command of the frigate has been took from me; and when I parted from Texel for Paris, according to your order, I brought with me only the necessary papers for my justification, and few clothes; and left on board the frigate four trunks, containing my clothes, linen, bed, books, seacharts, maps, mathematics, optics, astronomics-instruments, all the Ships papers, my own private papers and great many plans, as I must go as soon as possible for to crave justice; and since I cannot go there without the most necessary of those things, I hope you will procure me with the money necessary to buy them, having been deprived of those I had in following your order. Beside, I want some money, as I told you the last time, for my dayly expenses. I beg as a favour you would send me the answer by the bearer.

I am with respect,

Your Excellency's most obedient and most humble servant,

P. LANDAIS.

FRANKLIN'S REPLY.

To this epistle Franklin sent the following reply:

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PASSY, Feb. 12, 1780.

SIR, You are pleased to blame me for your long stay in Paris. I have not heard of any opportunity you have had of going to America; and if you had been there, you must have waited as long for the arrival of the "Alliance" before you could have had the courtmartial you desire. There seems, then, to have been no time lost.

When you desired me formerly to order your things to be taken out of the "Alliance," I answered that if you chose to have them taken out, it was proper for you to give such orders, and appoint some friend in Holland to receive and take care of them for you. The ship lay there a long time after. I now acquaint you that she is probably at L'Orient, where you may take the same step if you approve of it.

You received money for your expences to Paris from Mr. Neufville. You have since had a considerable sum for your expenses here of M. de Chaumont, and will undoubtedly receive more if necessary for that purpose; but as to furnishing you with money to buy things you say you have lost, and which you might have had and may probably still have for asking, I do not see the necessity or the reasonableness of it.

If you call on Monday morning for the remaining papers, and bring with you those I have already certified, that I may have them all tacked together under one seal, you will then be possessed of the whole you ask.

I am, sir, &c.,

BENJAMIN FRANKLIN.

Just what was done does not appear, probably nothing; for about a month later the following exchange of notes took place: