I have this moment received your Letter dated this month.1 your Letters always give me Pleasure, although the circumstances of the times have forbidden me, to enter into any particular Details with you or any one else, upon public affairs.— I am joined with others, and have doubts both of Delicacy and Prudence, if not of right, whether I may communicate Opinions, Reasonings or even Facts without their Knowledge and consent. We are to treat with the British Court, not the Royal Exchange, and whatever veneration I might have, for this last Assembly I Should be thought a mal-adroit Ambassador, if I might be there quoted, for Things which had not been represented at St. James’s.— Besides I Should look Still more unwise if it Should appear that Merchants were employed to pump out of me my Sentiments by Ministers behind the Sceene.

I have a well grounded Faith in your Steadiness and Discretion and Shall ever be obliged to you for your Letters, but must be excused from entering into confidential Correspondence, any further than I can see a Safety in it.

You may however affirm roundly and with perfect Truth, that the Disinclination to treat, is not in America, nor in the American Ministers. We have Full Powers to treat and conclude, which We made known to the British Ministry, through Mr Heartly. instead of being authorised to treat with Us, he was recall’d. We then repeated the Communication through the Duke of Dorsett. We were answered by a refusal to treat here, and an Invitation or rather a Proposition that the United States Should Send a Minister to St. James’s. We replied 579 to this, that We would transmit the Proposition to Congress, and in the mean time were ready to go in Person with our Plein pouvoir if that were agreable to them. This Offer has not been accepted. It can hardly be Said that We have waited for an Invitation. We have rather invited ourselves. I dont See what more We could have done unless We had all three flewn over in an Air Balloon, alighted at Lord Carmarthaens House pour demander a diner, of his Lordship.

You have penetrated the true Motive of the Aversion of the British Ministry, a dread of engaging in an unpopular Business, rather than a Wish to profit from the monopoly of our carrying Trade to the W. Indies, or to Strengthen the Adventurers in the Whale Fishery. A Dancer on a Slackrope, Shudders at the Opening of a Door against him, lest a Blast of Air Should rush in and blow him over. Ireland and India are already blowing a Storm.

I wish however that Congress would Send a Minister to England, and if he Should not Succeed, the World will Soon See that Congress have authority to make navigation Acts.

The Powers of Congress to treat, were never disputed by France, Spain, Holland Sweeden, Prussia or any other Power. They have express Power to make Treaties of Commerce, by an Article of the Confederation, which you may read. There is it is true a limitation. But it would be easier to get a Navigation Act passed by each of the thirteen States, than to get this Limitation taken off. and if British Ministers or Merchants would decline treating upon this Pretext they are Still as weak as they have been these twenty Years, with only two Short Intervals.

Yours affectionately

We have the honour to enclose an extract of a letter from the Commissioners of the United States of America to Your Excellency dated Augst. 28th. 1778. Copy of Your Excellency’s ansr dated 27. Septr. 1778. & Copy of M. de Sartine’s letter to Your Excellency of 580 the 21st of Septr. 1778 all relative to a proposed negotiation with the States of Barbary.2 Not having any particular authority or instructions from Congress at that time to treat with those States, the Commissioners desisted from any further pursuit of the negotiation until Congress should have opportunity to deliberate & decide upon it. We are now able to inform your Excellency that we have received from the United States in Congress assembled special full powers to treat with each of the Powers of Barbary, Morocco, Algiers, Tunis, Tripoli and the rest; & we have lately received authentic information that one of those Powers at least, the Emperor of Morocco has commenced hostilities against the United States by the capture of a vessel belonging to Philadelphia by one of his frigates, which has spread an alarm among the American Merchants & Mariners, raised the præmiums of insurance, and made it necessary for us to do all in our power to prevent the further progress of the war as well as to procure the liberation of our Countrymen who are made prisoners. As it is impossible for us to go to Morocco & we have no power of substitution, we can do no more than write a letter to the Emperor & either invite him to send a Minister or authorize his consul in France to treat with us here, or to carry on the negotiation in writing at this distance through the French consul at Morocco, or propose to him to wait until we can write to America & Congress can send a consul to the Emperor.

We therefore request the honour of your Excellency’s advice which of these measures is the most eligible, & whether your Excellency or the Minister in whose Department it is, would do us the favour to transmit a letter from us to the Emperor through the French consul.

Looking over several treaties between Christian Powers & the Barbary States we find that the treaty between the crown of France & Algiers of April 1684 is upon the point of expiring; and we are desirous of knowing (if it is not improper that we should enquire) whether this treaty is or is likely to be renewed; because if there is a probability of a war Congress would probably prefer joining in the war, rather than to treat with Nations who so barbarously & inhumanly commence hostilities against others who have done them no injury.

In order to lay before Congress all the information necessary to enable them to judge what is best for them to do, we have obtained from Holland a certain account of the presents given annually and occasionally by the States General to the Barbary Powers, and have 581 taken measures which promise success for procuring similar intelligence from other Christian States. And if there is no impropriety in the request we should desire to be informed what is the annual amount of the presents given by France to each of those States & in what articles they usually consist.

We have the further honour to propose to your Excellency that his Majesty’s good offices and interposition may be employed with the Emperor, in order to provide as fully as possible for the convenience & safety of those inhabitants of the United States, their vessels & effects, who are now or my hereafter be in captivity in Morocco, according to the tenor of the eighth article of the treaty of commerce.

With the highest respect / We have the honor to be / Your Excellency’s / Most obedient and / Most humble Servants