Papers of John Adams, volume 7

James Smith to the Commissioners, 15 November 1778 Smith, James Franklin, Benjamin Lee, Arthur JA First Joint Commission at Paris

1778-11-15

James Smith to the Commissioners, 15 November 1778 Smith, James Franklin, Benjamin Lee, Arthur Adams, John First Joint Commission at Paris
James Smith to the Commissioners
Gentlemen Paris Hotel De Saxe Rue Columbier Nov 15 1778

I have the honour to enclose you the Testimony of Mr. Anthy. Payn1 concerning the detention of my Goods at Calis with the names of the Officer by whom they were taken and the Servant of Mr. Payn who was also eye witness to the transaction and lives at the Hotel Lyon d'Argent at Calais. It may be also proper to inform you that a Gentleman who I have been given to understand by Mr. Williams is the private Agent2 of the Commissioners at Calais together with Mr. Whitall and Miss Farrel were made acquainted with the circumstances of the case at the time it happened and may be brought as colaterol evidences to the truth of this matter if necessary.

Seized and Detained goods I am informed by Mr. Williams are usually deposited in different Bureaus therefore merit different inqueries. This circumstance may have escaped you when you represented my Case to the Minister and consequently explains this answer “J'ai pris à cet egard les Informations les plus exactes, et il en resulte qu'il ne s'est trouvé absolument aucune Trace à Calais de l'Affaire dont il S'agit.”3 If this is not the Case it manifestly appears that the Officers of the Customs mean to defraud me of my property and it will depend upon your efforts whether they shall be allowed to do it with impunity.

As I have affairs to settle in England before I can return to America and which requires my immediate presence I should be glad you would send me a pass for me and my Family.4 If my remonstrance against any part of your conduct shall either through prejudice or resentment influence you to refuse me this request I am willing to give the most solemn assurances of my affection and Duty to my Country. I thought it within the line of my duty to express freely my opinion upon certain points. The Zeal I have constantly professed by my conduct for that Glorious cause in which you are engaged will never suffer me to flatter any man, neither shall the misconduct of others in the least abate my Ardor and under this influence I think proper to tender you my will-218ingness to exicute faithfully any commission that shall promote the interests and independancy of America.

I have the honour to be Gentlemen Your Most Obedient Humble Servant

James Smith

RC (PPAmP: Franklin Papers); addressed: “To Doctor Benjn. Franklin Arthur Lee and John Adams Commissioners for the United Independant States of America At Passi”; docketed: “Dr. Smith ans. 17th:”; by William Temple Franklin: “Dr. Smith Nov 15. 78 ansd 17th.”

1.

Not found.

2.

Presumably James Leveux, who had acknowledged his appointment to assist Americans at Calais in a letter to Franklin on 20 May (Franklin, Papers , 26:515) and to whom the Commissioners had written on 9 Nov. (LbC, Adams Papers), concerning his expenditures to aid American prisoners.

3.

That is: In this regard I have collected the most exact information with the result that absolutely no trace of the matter with which he concerns himself has been found at Calais. This passage is taken directly from Vergennes' letter to the Commissioners of 17 Oct. (Arch. Aff. Etr., Paris, Corr. Pol., E.-U., vol. 5), which was a reply to the Commissioners' letter of 28 Aug. (vol. 6:401–405). In his letter Vergennes suggested that the Commissioners might be mistaken about the town in which the seizure had taken place.

4.

In their reply to Smith of 17 Nov. (LbC, Adams Papers), the Commissioners stated that in regard to his property they had again written to Vergennes and had enclosed the statement by Anthony Paine. In that letter, also of the 17th (LbC, Adams Papers), it was suggested to Vergennes that Smith's property might be in the office containing goods detained, rather than seized. Vergennes replied on 18 Dec. (below). In regard to securing a passport, the Commissioners told Smith that, if he had not already done so, he would have to take an oath of allegiance to the United States.

John Gilbank to the Commissioners, 16 November 1778 Gilbank, John Franklin, Benjamin Lee, Arthur JA First Joint Commission at Paris

1778-11-16

John Gilbank to the Commissioners, 16 November 1778 Gilbank, John Franklin, Benjamin Lee, Arthur Adams, John First Joint Commission at Paris
John Gilbank to the Commissioners
Honourable Gentlemen Nantès, 16th. Novr. 1778

Not having received from you any Answer to two letters which I have had the honour to write to you,1 requesting to be supplied with Money to enable me, with the first Opportunity, to join my Regiment; And as a Convoy is very shortly expected, and the Vessels will be ready to sail, I am compelled to trouble you a third time on the subject, and to assure you that, without such Supply, it will be utterly impossible for me to proceed any further.

I beg leave to submit to your Consideration, That my requisition is by no means unreasonable, as it falls far short of what is due to me from the Continent of North America.

It is I believe the Custom of every Nation to supply an Officer, (who shall happen to be taken Prisoner, and, without Breach of Parole, can arrive at any place where there is an Ambassador, Consul or other person in a public Capacity of the Country to which he belongs,) at least, to the Amount of his pay, to enable him to join his Station. No Am-219bassador would refuse to supply him, I dare venture to say, to a much greater Amount, if that should not be sufficient, rather than surfer him to want the Protection he has a right to expect.

If that was not the Case, I do not know what Gentleman would risque his life and Connections, and leave all that is dear to him for the Service of his Country. It certainly is enough to bear all the hardships attendant upon Captivity and Disappointment when it is impossible to come at Relief; But to be exposed to sufferings worse than Captivity itself, and to endure all the Contempt attendant upon want, when within the reach of Protection, is too much.

Many Arguments might be used to enforce the reason and Necessity of affording such Supplies to Officers in such Situations, But it would be an insult upon the Understanding to endeavour by that means to point it out, As self reflection upon such a subject must of Course be sufficient to convince.

It appears to me, that Congress will very chearfully allow any Accounts on that head; As I am certain they would wish, and do all in their power, (and sure 'tis their duty) to relieve an Officer of theirs in distress, when that distress is brought upon him by reason of their Service. Wherefore I hope, as soon as the post will admit, (No time being to be left) to receive an Order for such reasonable supplies, as occasion may require and I can assure you I will not abuse that Privilege.

I need not again mention the great Expence it has been to me in endeavouring to get thus far on my way, after the many disappointments I have met with; and that this application, if to have been avoided, woud not have been made, As I would wish to be thought possessed of a Spirit superior to such Meanness; At the same time I can't think any Wrong (tho' my feelings suffer) in asking what I think I have a right to expect.

If it shou'd be your absolute Determination not to supply me (tho' I can't see with what reason or propriety a State Officer shou'd be preferred in that respect to a continental one, which is the Case; [There being a State Officer now here who has an Order to receive what he may want;]2 As I think if any preference is due 'tis to a Continental one, He being subject to much greater inconveniences, tho' I wou'd not wish any to be made, As every Officer in the service of the Country ought in similar Situations to be treated alike;) I hope you will not refuse to favour me with an Answer, and the reason of your refusal, As it is a Subject well worthy the legislative Consideration, and on which future instructions ought to be given; Which Answer will enable it to come before the legislature in a proper manner.

220

But in such Case What I am to do, I know not. In a strange Country without friends. In a Country too where without the Expectation of tenfold interest 'tis impossible to procure Sixpence to save one from perdition. Deprived of those at home. And refused the protection I expected, with some reason, to receive; is a situation not to be wished! and will require something more, than I am capable of, to extricate myself from!

I will not trespass longer on your Patience at present than to mention that it has been hinted to me by a Gentleman who was lately at Paris, That some Censures have fallen from you on Gentlemen in the Continental Service trifling away their time and not doing All they can to join their Country. If that Censure is by any means aimed at me, I must beg leave to insist, That my Stay here has been unavoidable, and that I have not suffered any Opportunity to escape me, As no Ship whatever has sailed from hence to America since I have been here but those which sailed the day or two after I arrived, and which were so full of Passengers as not to be able to take in any other, and of which I instantly informed you; Neither do I recollect to have heard of any sailing from any other Port; And if I had, I cou'd not have availed myself of them by reason of the want of Money to defray travelling Expences; And if I shou'd be prevented by the same reason from taking Advantage of the Opportunity which will shortly offer, I must beg leave to protest against any delay being occasioned by any fault of mine, and that without Supplies it will be impossible to go.

If there is any Officer in particular who has delayed and trifled away his time let him be held forth, but a general Censure promiscuously thrown out, I conceive to be, not only ungenerous, but unjust. As to myself I am sure I have no pleasure in staying here but on the Contrary great Dissatisfaction, and would be glad to embrace any Opportunity of getting away.

I flatter myself You will not take any thing herein mentioned as meant disrespectfully, As I would always wish to treat Gentlemen, especially in a public Character, with All the respect due to them, At the same time not omitting to say any thing necessary to be said.

I am with respect Honourable Gentlemen Your most Obedient and humble Servant

Jno. Gilbank, 1st. & eldest Lieutenant of the Continental Regiment of Artillery of South Carolina3

RC (PPAmP: Franklin Papers); docketed: “Mr. Gilbank”; in another hand: “16 Novr 78.”

221 1.

Of 6 Oct. (not found) and 4 Nov. (above). The Commissioners had replied to the letter of 6 Oct. on 10 Nov. (above).

2.

Brackets in the original. The “State Officer” cannot be positively identified, but it may have been Capt. Jacques Le Maire who was seeking military supplies for Virginia. He had written from Nantes on 10 Nov. (above).

3.

Gilbank received no reply either to this letter or one very similar in content and tone that he wrote on 17 Nov. (PPAmP: Franklin Papers). As a result, he renewed his demands for funds in letters of 28 Nov. and 15 Dec. (both PPAmP: Franklin Papers). The first emphasized the imminent departure of Muscoe Livingston and the Governor Livingston, and ended with the statement that “I shall hope, Gentlemen, not be treated with so much Contempt, as not to be favoured with an Answer Which I think my Station entitles me at least to expect.” Gilbank's letter of 15 Dec. was written in the same tone and demanded that he either be sent 1000 livres “or that you will give me Leave to draw upon you, by next Tuesday's post, for that Sum to be placed to the Account of the honourable continental Congress in part of pay due to me; Your Silence on which head will be deemed Your approbation of the latter Proposition.”