need not mention that admiral Rodney was detained two months in port by my affair with the Baltic fleet; or that my situation in Holland, and before I arrived there, caused no less than 42 British ships of war and frigates to be sent in pursuit of me, and posted to intercept me in every quarter. And the world knows that my conduct in the Texel was a great cause of the British resentment against Holland, and stands as the first article in the declaration of war against that republic. On the whole, my Lord, it cannot be admitted that the government of France having generously taken by the hand the young Republic of America, and having been so beneficent as to arm and support a naval force at His Majesty's expense, under the commission and flag of America, should wish to put the Americans who served as the officers and men, under any other laws than those of Congress, which I here subjoin, and agreeably to which I pledged myself to every individual among them at the time when I engaged them, viz: "IN CONGRESS, Wednesday, October 30th, 1776. Resolved, That the commanders, officers, seamen, and marines in the Continental navy, be entitled to one half of merchantmen, transports, and storeships by them taken, from and after the first day of November, 1776, to be divided among them in the shares and proportions fixed by former Resolutions of Congress: that the commanders, officers, seamen and marines of the Continental navy be entitled to the whole value of all ships and vessels of war belonging to the crown of Great Britain by them made prize of, and all privateers authorized by his Britannic Majesty to war against these States, to be divided as aforesaid." The Americans were every one of them treated at their enlistment, and during the whole service, by the laws of the American flag, and the few of them who were paid their wages, were paid by the rules of Congress, from which, neither my duty as their agent, nor my honor as their commander, can now permit me to recede. As I went into the Texel in obedience to orders, and as my prizes and prisoners were there taken out of my hands, a circumstance of inexpressible mortification to me, and remained in the direction of the Duc de la Vauguyon, they were not at the risk of the captors; and, therefore, the expenses made in Holland, cannot stand against the sale of the prizes. I admit that the Serapis had need of repairs in the upper-works and masts, but being a new ship that had cost the British government 50,000 guineas, I deny that she wanted either anchors or cables while in my hands. The Countess of Scarborough sustained little or no damage in the battle, and therefore had as little need of repairs. It cannot be made appear from the sale of that ship or the Serapis, that they fetched a greater price on account of any repairs at the Texel: the Serapis arrived at L'Orient dismasted and in a worse condition than when she entered the Texel, and as the officers of the port of L'Orient cut to pieces and destroyed her orlop-deck with all the magazines and store-rooms, &c. before I knew any thing of the matter, (which obliged me to make a journey to Paris, to obtain an order from government for the sale of my prizes agreeably to the laws of the American flag) I think if the account was fairly stated there would be an indemnification due to the captors for the injury thereby done to their hardly earned property, without their leave or consent. As the captors were not consulted respecting the expense of the Serapis at Dunkirk, nor the disarmament of that ship at L'Orient, which were no advantage to her sale, those articles ought not to stand against them in the account. And I never heard that even the owners of privateers, far less an established government, had charged the captors with the expense of provision for themselves or their prisoners! The expense made by Captain Cottineau regards not the captors: it is for him to shew his authority for having made that expense, and the vouchers to support the different articles. I remember that I sent M. Chamillard express from the Texel to Versailles, on my arrival; but that was surely a necessary expense of the armament, and cannot regard the captors. Whether M. Le Ray de Chaumont is indebted to the government, or the government is, as he says, indebted to him, is a matter that ought not to regard the captors, but they have a right to claim the protection of government to force M. Le Ray de Chaumont to render the money with interest, which he has unjustly detained from them for four years and a half, while many of them are perishing with cold and hunger. In short, it can make no difference to the captors whether the ships that I commanded under the flag and commission of Congress were owned by the King or by the United States. Therefore I am ready to admit all regulations and charges on the sale of my prizes, which have been usually admitted on other prizes sold in France, and taken by frigates owned by Congress. But I am persuaded that you will not think it just that any thing should be deducted from the shares of the Americans, on account of the Hospital of Invalids at Paris; as they receive no benefit from that hospital, but have on the contrary been pensioned by Congress for the wounds they have received. I am, with full confidence in your justice and generosity, my Lord Marechal, Yours,*&c. The MARECHAL DE CASTRIES. MY LORD MARECHAL, Paris, March 6th, 1784. Mr. Chardon has just now put into my hands a letter written to your Excellency by M. le Ray de Chaumont, dated at Passy the 9th instant ;-M. le Ray de Chaumont appears by that letter to insinuate that I was under his orders. That insinuation merits nothing but my contempt. He might as well pretend that the Marquis de la Fayette, with whom I had the honor to be joined in command for an important expedition, (which failed only through the unwise confidence that had been placed in the secrecy of M. le Ray de Chaumont by the Minister of marine,) was also under his orders. For my own part, as I had served with reputation in America from the beginning of the war, and was through Mr. Franklin, in consequence of the high opinion the minister had of my bravery and good conduct, &c., invited by the government to remain in Europe to command secret expeditions, with a force at the expense of the King but under the commission, laws, and flag of the United States, I made it a condition that I should receive orders only from the minister, or ministers of Congress; and while I remained in Europe I never received any other. I had before that time declined to accept a captain's commission in the Royal navy, which Count d'Orvilliers had offered to procure for me; and at any time, and in every situation I would have disdained to prostitute my honor under the orders of so lightheaded a man as M. le Ray de Chaumont. He seems to claim also the idea for intercepting the British Baltic fleet, an idea which did not originate either with the minister or M. le Ray de Chaumont, but which had been, with many others, suggested to government by myself at, and before the time when I was first invited to come from Brest to Versailles. But I beg leave to refer your Excellency to the Marquis de la Fayette who knows that M. le Ray de Chaumont was regarded only as a simple commissary, and was therefore under my orders, instead of my being under his. I aver, that if M. le Ray de Chaumont had not been entrusted with the secret of the service intended, the views of the minister would have been not only fulfilled, but far exceeded. I had, however, a much greater latitude given me by my orders from Mr. Franklin than M. Chaumont seems to imagine: and it is clear from the strong and pointed letter of recommendation which I carried with me to Congress, approving and applauding my whole conduct, that the King and his ministers were perfectly satisfied, and even asked of Congress to send me back again to Europe, to command a larger force, which would have been done if the circumstances of America had not rendered it impracticable. M. le Ray de Chaumont seems to be ignorant that the American agent in Holland had, and can have, no power whatever over the property of the captors. It is a power which even Congress has not reserved, and which is contrary to the established laws of the American navy. As to deducting from the prize money four deniers per livre for the Hospital of Invalids at Paris, because the expense of the armament I commanded was taken from the funds of the royal navy, &c., I presume M. le Ray de Chaumont might, with more modesty, have spared that observation to your Excellency. It is certain that the government of France foresaw that an expense would attend the armament I was so generously invited to command under the laws and flag of America, and it is not my place, much less that of such a man as M. le Ray de Chaumont, to intrude such pitiful observations as may militate against, or diminish the value of such delicate acts of friendship between two allied nations. I can only recur to facts mentioned to your Excellency in my former letters, viz.-The force I commanded, was under the commission, laws, and flag of the United States, and the officers and men were engaged under my command, as in the American navy. I received my orders as an American officer from the Minister of Congress, and it follows that the captors are entitled in every light to be treated exactly by the laws of the American navy. And whatever understanding there may have been between the two governments Kk respecting the expense of the armament, it makes not the least difference to the captors. I but ask for justice for the brave men I commanded, and I expect no less from a generous mind like yours. I am, with profound respect, &c. MY LORD MARECHAL, The within copy of a letter which I had the honor to receive yesterday from Mr. Franklin, will convince you that he never consented, and could not consent to the manner proposed by your predecessor, and by M. le Ray de Chaumont, for settlement of the prize money due to the American officers and men who served under my orders in Europe. I will not now complain that the prisoners which I took, and carried to Holland were not exchanged for the Americans who had been taken in war upon the ocean, and were long confined in English dungeons by civil magistrates, as traitors, pirates, and felons. I will only say, I had such a promise from the Minister of marine. It was all the reward I asked, for the anxious days and sleepless nights I passed, and the many dangers I encountered, in glad hope of giving them all their liberty, and if I had not been assured that Mr. Franklin had made an infallible arrangement with the courts of France and England for their immediate redemption, nothing but a superior force should have wrested them out of my hands, till they had been actually exchanged for the unhappy Americans in England. Passy, March 25th, 1784. The Hon. PAUL JONES, ESQ., Paris. SIR, I return herewith the papers you communicated to me yesterday. I perceive by the extract from M. de Sartine's letter, that it was his intention all the charges which had accrued upon the Serapis and Countess of Scarborough, should be deducted from the prize-money payable to the captors, particularly the expense of victualling the prisoners and seamen, and that the liquidation of those charges should be referred to me. This liquidation however, never was referred to me; and if it had, I should have been cautious of acting in it, having received no power from the captors, either French or Americans, authorizing me to de |