^^*0/- o o z: £.4.5. .33-4-. Author. Title Imprint. 16 — 17372-2 ai»0 LIBRARY OF CONGRESS -'^ 00017t,fimi5 MEMORIAL OF THE HEIRS OF SILAS DEANE, FORMERLY POLITICAL AND COMMERCIAL AGENT IN EUROrE ; AND ONE OF THE AMBASSADORS OF THE UNITED STATES IN FRANCE IN THE REVOLUTIONARY WAR. H^f T-^ho 4/^e . ' . J "^'^*^r-39. /] jjc -n -.>c\ \ W^N* :0H C" ;\sV*\ N> ■■■' TO THE CONGRESS OF THE UNITED STATES, The Memorial of Hoeatio Alden. of the City of Hartfoid, iji the State of Connecticut ; and of Philura Alden, his wife, late Piiilura Deane. . personal representatives and only heirs at law of Silas Deane, de- ceased : — Respectfully Smoweth : That in the year 1775, the Hon. Silas Deane, Esquire, was one of the delegates from the State of Connecticut to the Congress of the United States, and, as is well known, from the general history of the times, and as may be seen from the journals of that august and enlightened body, was one of the most influential, able and efficient members of that assem- bly ; and was, in the year 1775, solely and exclusively employed by the Marine Committee, with extensive powers and authority, to procure, by purchase or otherwise; and to equip and fit out a large naval force — all which will appear by the original letters and authority which accompany tliis memorial, and which conclusively establish the fact that Mr. Deano was the father of the revolutionary marine. That on the 19th of February, 1776 ''^the Committee of Secrecy ap- pointed by the Hon. Continental Congress," entered into a contract with John Alsop, Philip Livingston, Francis Lewis, Robert Morris and Silas Deane, to purchase the produce of the then Colonies, to ship it to Europe, and to invest the proceeds of sale in sucli goods, wares and mer- chandise, as the said Committee of Secrecy should direct ; and to ship the same to America, for account of the said Committee of Secrecy ; — and it was stipulated in said contract, that the said John Alsop and part- ners, should be allowed Jive ycr cent, for purchasing and shipping said produce in this counirtj. And to such of said contractors as should go, personally, to Europe, to execute and superintend the business there, ex- clusive of the charges of selling the produce of the Colonies, for shipping the remittances, besides the duties (of exportation in Europe) tiierc should, also, be allowed a clear commission of Jive per cent, on the original costs of such remittances in Europe. A copy of which contract, procui'ed by your memorialists from the archives of the Department of State, ac- companies this memorial. It will be perceived, by the very terms of this contract, that it was in the contemplation of all tlie parties to tlic same, that owe of the contract- ors should, personally, superintend in Europe the execution of its pro- visions, so vitally important to the public interests. Tlie Hon. Silas Deane, one of the conti'actors, and who was also at the same time, a member of tlie Congress, and who, as may be seen by a reference to the numerous letters and other documents, which accompany this memorial, enjoyed, in a very high degree, the confidence and esteem both of the Congress and the Committee of Secrecy, was selected as the agent of the parties, to superintend the execution of the contract in Europe: and he, tiiereby, became solely entitled to " a clear commission of five per cent, on the original cost of all his remittances from Europe."' But the execution of the provisions of this contract ,-.is not ine onlv piirposc for which Mr. Ueane was sent to Europe. A more responsilile and honorable appointnieni awaited him. On the second of March 1776 (two weeks only after the making of the conti-act before mentioned^ Mr Deane received a commission in the Avords following, viz. " Wc the undersigned, being the Committee of Congress for secret cor- respondence, do liereby certify A\hom it may concern, that the bearer, the Honorable Silas Deane, Esquire, one of the Delegates from the colony of Connecticut, is appointed by us to go into Fiance, there to transact such business, commercial andpolilical, as we have committed to his care, in be- half, and by anihorjiy of (he Congress of the thirteen United Colonies. In testnnony whereof, we have hereunto set our hands and seals at Philadel- phia, the 2i\ of Marcli, 1776. B. FRANKLIN, [seal.1 BENJ. HARllISON, [seal.] JOHN DICKINSON, I sea J JOHN JAY, [SEAL. ROBERT MORRIS, [seal.] The original commission accompanies this memorial. It ought here to be remarked, that ''the Committee of Secrecy," by whom the contract before mentioncd'was concluded, and " the Committee for Secret Corre- spondence,'' by whom Mr. Deane was appointed and commissioned Com- mercial and Political Agent of the United Colonies in France, were dis- tinct and separate bodies, each having a distinct and sejjarate sphere of action. Tlie *' Committee of Secrecy" w^as instituted September 18, 1775, and empowered to ])urchase arms and military stores, and to ex- port the products of the country to meet the charges of such purchases abroad. The "Committee for Secret Correspondence" was appointed on the 29th November, 1775, and was instituted, among other things, for the purpose of corresponding with the friends of the Colonies ^in Great Britain and other parts of the w orld, ivith authority to appoint such agents as it might find necessary, or think proper to send abroad on this service ; and provision was made for the expense and compensation of such agents. On the 3d March, 1776, the day succeeding Mr. Deane's appointment as Commercial and Political Agent in France, he was furnished with written instructions by tlie Committee for Secret Correspondence. These instructions conferred upon him great and exclusive powers to negociate with tlie French Government, and authorized him to operate, not only in France, but in Holland and Great Britain ; and further, to procure, in addition to the supplies provided for in the contract between Messrs. Alsop and others and the Committee of Secrecy, clothing, arms, and military accoutrements and munitions of war suHicient for an army of twenty-five thousand men, as also one hundred field jjieces. These in- structions accompany this memorial, and are copied from vol. I of Sparks's Diplomatic Corres])()ndence, page 5. In the fulfilment of this contract, and in pursuance of his appointment and instructions as Commercial and Political Agent in Europe, Mr. Deane sailed from Philadelphia, in March, 1776, in a brig bound to Bor- deaux ; and such was tlie situation of the money alfairs of the country at tliat time, that the vessel went out in hallast for tlic want of means to purchase a cargo. An accident at sea compelled her to return to port, and Mr. Deauc re-emharked in a small sloop bound for Bermuda, and arrived in France in June, 1776. Upon his arrival in France, Mr. Deane found himself almost wholly unprovided with funds to meet his daily ex- penses, (whichjin consequence of his character, and his extensive and nml- tlfarious business, were necessarily great, and which must be met with cash,) and to execute the immense orders given him by the public: yet, with a zeal and a perseverance characteristic of the patriots of that day, and worthy of the great cause in wliich he was embarked, (and in ^^ liiciu your memorialists are sorry to say, he w as ultimately ruined and sacri- ficed,) he set himself about accomplishing the great and important objects of this mission, and did actually, unaided and alone, accomplish them to the fullest. Mr. Deane contracted for, and actually purchased and shipped to the United States, under his contract, and in pursuance of his commis- sion and instructions as Commercial and Political Agent, a vast amount of arms and military stores, which, with the expense of shipment, amounted to upwards of four million seven hundred and fifty thousand livres ; all which will fully appear by certified copies of the accounts which accompany this memorial. Upon wldch sum Mr. Deane claimed, and was, and liis heirs now are, unquestiona- hly entitled to, the "clear commission of five per cent," as stipula- ted in his contract of 17th February, 1776. Mr. Deane's successful though secret negotiations with tiie French Government, having opened the way to a public reception of public ministers from the United States, and independence having been declared on the 4th of July, 1776, Con- gress, on the 17th of September of that year, determined to propose "to enter into treaties with foreign nations," and on tlie same day agreed upon "the plan of a treaty to be proposed to his most Christian Majesty,'* together with the instructions to the commissioners or ambassadors to ho appointed to negotiate the same. — [See Secret Journal, to], 2, p. 6.] So entirely satisfactory had been the conduct of Mr. Deane, in the dis- charge of his confidential, complicated, important and delicate duties in Europe, thathc was, on the 26th September, 1776, chosen, by Congress, to be one of their ambassadors, in conjunction with Doctor Franklin and Mr. Jefferson, ta transact the business of the United States at the Court of Fi'ance. The latter gentleman, Mr. Jefferson declining the appoint- ment, Congress, on the 22d October, 1776, substituted Arthur Lee, Esq. (who was at that time in England,) in his place. On the 28th Septem- ber, 1776, Congress directed their ministers "to live in such style as they may find suitable to support the dignity of their public character,** without resti'iction as to amount ; and i)rovidcd for the payment of their expenses out of the public treasury. — [See Secret Journals of Congress,, vol. 2, p. S3.] Dr. Franklin and Arthur Lee, Esq. joined Mr. Deane at Paris, on the 22d December, 1776, and the joint commission com- menced the discharge of their duties on the 28tli of that month, when they had their first audience of the Count de Yergcnnes, the I'rimc Min- ister of France. — [Sec Diplomatic Correspondence, vol. 1, p. 250.] It was previous to this time that Mr. Deane had made his negotiations for the purchase and shipment of the arms and military stores which he was sent to Europe to procure: as, after Mr. Deane became and assumed 6 «ic rank and .station of a pn].li,< and arknowlod-od anil,a«5sador. Ik- did not consnlc- lumso f entitled to, nor did l.e clahn, a romm s ,, n, o any purchase. AH l,e asked, and all his heirs now as s T a iZ ancc of the stipulated commission, on his hargains and tr^nsac ions cn- lUsllmtrr Vl'f ■"'"•' "'' '"' '•" ^'— •--' -^1 Political A^e'nt of s countij. Ihc commissioiurs, with an ability and zeal which were eS'^bl^r;?^ ""'T "?'"' circumstances, accomplished the W . wffl. ? / •' ,^W^'^"^t'"ent, and succeeded in negotiating trea- 7r« ^. T'"' r^V'^' ''"''^ ''Sned at Paris on the 6th of February, 17/8. Mi.Deane's long residence at Paris, and his confidential and ofhcial intei-coursc v^ith the French Government, whilst acti".^ as the sole agen o the United States to that Governmen , and the n arked co - fidence which the French Ministry reposed in him, individualh, <^a c s'^'eS'llntl' "^ 'f'^'T^'l the negotiations : and youi mlmojial- ists bel eve that, from the oflicial and private letters of Mr. Deane, the originals of which have recently been discovered, it is capable of bein.^ demonstrated, that many of the great advantageswhich were conceded wlS "rtl " ?^f *--ties ^^ere the result^of the su;eS know dg wlueh Mr. Deane had previously acquired upon the subject, and of his France' 'fZTT ''^ ^ "'f 'f'^'T ''''' '^'^ ^ing ami Ministers of ^^osTtion o Lr"V'f '"\",^''" f ^"^r memorialists, in making this supposition, to detract from the acknowledged merits of Mr. Deane's S^^^^^ in the re ation m which your memorialists have J f tn,l. • ' , ^ '"^^' f° *''•' '"^J^^*' "»'>^ for the legitimate purpose of rendering due praise to their ancestor, and of setting forth, in a fair light, the proper value of his services :-services which were nereVre c very form which the circumstances of the times left open to him'', „or to his heirs or representatives since his death "im, nor the^'^ecall o/ Mr%eanf :r^''' 'T' ^''^^^''^ ^^^'^'^ ^ ^-^«1"«<>» f^^' uic itcaii 01 Mr. JJeane, which was forwarded to him in n ir»H«., r ^i Committee on Foreign Affairs,-(the Committer b;"^^^^^^^^^^^ dence was, by a resolution of Congress of the 17th Anril A- Ii ^ i" into a Coinmittee of Foreign 4#'l.,)-daleS on tlti 4 h of ^DecS^^^ nlil ^;\«»«"t^«'""^ent or explanation on the part of the ComnSe; On the 6th of December, 1777, three weeks after the order beSc men asfotw^:!?"" P^"^' ^1"^^"^»^^^ -"^ «-^^- orde^'whlch^'r; *' Whereas, it is of the greatest importance that Congress should at thiscri ical junc ure, be well informed of the state of affSi^s in Eu 1 And whereas. Congress have resolved, that the Hon. S^as De"n? L ''Ordered, That the Committee of Foreign Affairs write to the Hon Silas Deane, and direct him to embrace the first opportunity treh?;' This prcanihlc aiul order were traiisniitte^as closed by death in London in the month of August, 1789; having never returned to his family or friends in America, after he embarked upon his return to France in 1780, to settle his own accounts, and the accounts of the public 3 18 contracted under liis {igenc3\ and liavhig been but once in America, from the period of his enibai-Ualion on public affairs in March, 1770. For a more detailed and particular account of his misibrtunes, the nretcliedness of liis liie, his blasted ])rospccts, and the exti'eme poverty in wliich ids misfortuues and his necessities compelled him to linger out the last years of his eventful life, your memorialists v.ill take the liberty lo refer your honorable bodies to an obituary notice of him, published in the London ne\vsj)apers, and extracted into the Amei-ican Mercury of the year 1789, (the year of his death j a transcript of which accompanies this memorial. in corroboration of what your memorialists have with such pain and mortification felt themselves constrained to say, with respect to the pover- ty and distresses of Mr. Deane, while in London, awaiting the settlement of bis accounts and the payment of the balance due him irom the United States, your memorialists feel themselves at liberty to refer to a corre- spondence between Mr. Jefferson, wiien Minister of the United States in France, and Mr. Jay, Secretary for Foreign Affairs. In a letter from Mr. Jefferson, dated Paris, August Sd, 1788, is the following passage: *' About tliree weeks ago a person called on me, and informed me that Silas Deane had taken him in for a sum of 120 guineas, and that being unable to obtain any other satisfaction, he had laid hands on his account book and letter book, and had brought them off to Paris, to offer them first to tiie United States, if they would repay him his money; and, if not, that he should return to London and offer them to the British Minister. I desired him to leave them with me four and twenty hours, that I might judge whether they were worth our notice: he did so: they were two volumes: one contained all his accounts with the United States, from his first coming to Europe, to January 10, 1781, Presuming that the Trea- sury Board was in possession of this account till his arrival in Philadel- phia, August, 1778, and that he had never given in the subsequent part, I had that subsequent part copied from the book, and now enclose it, as it may, on some occasion or other, perhaps, be useful in the Treasury Office. The other a olume contained all his correspondencies, from March 29th to August 23d, 1777. I had a list of the letters taken by their dates and addresses, which will enable you to form a general idea of the col- lections, on the perusal of many of them. I thought it desirable that they should not come to the hands of the British Minister, and from an expression dropped by the possessor of them, I believe he would have fallen 50 or 60 guineas. I did not think them important enough, how- ever, to justify my ])urchasing them without authority; though with authority I should have done it; indeed I would have given that sum to cut out a single sentence, which contained evidence of a fact not proper to be committed to the hands of enemies. I told him I would state this proposition to you and wait orders. 1 gave him back the books and he returned to London, without making any promise that he would await the event of the orders you might think proper to give." In reply to this letter, Mr. Jay answers, under date of November 25, 1788, as follows: "The circumstance of Mr. Deane's letter book and account book be- ing offered to you for sale is a singular one. I wish you had purchased 19 them. On this subject I cannot, indeed, give yon any instructions or authority; hnt I will venture to advise yon in express terms to make tlie purchase. I have no doubt that Congress will be satisfied with it. To me it appears expedient, and the same opinion prevails among the nicm- bcrs of Congress who have read your letter." On the 12th of March, 1789, Mr. Jefferson wrote to Mr. Jay on the subject, in which he says: " On the receipt of your letter, advising me to purchase the two volumes of Deane's letters and accounts, I wrote to the ])ei-son who had them, and after some offers and refusals, he let me have them for 25 louis, uistead of 120 louis, asked at first. He told me that Bcanc had still six or eight volumes more, and that when he should return to London, he would try to get them, in order to make himself wliole, foi- the money he had lent Deane. As I knew he would endeavor to make «s pay dear for them; and it appeared to be your o])inion, and that of the members yon had consulted, that it was an object worthy attention, J wrote immediately to a friend in Londois to endeavor to purchase them from Deane himself, whose distresses and crnjmlons habits will probably render him more easy to deal witii. I authorized him to go as far as fifty guineas. I have as yet no answer from him." This correspondence estahlishes, beyond controversy, the fact of Mi Deane's poverty and distress. It ought to be borne in mind, that this attempt to get from Mr. Deane the remainder of his corresj)ondence and accounts, which were to him, so far as regarded his character for honor and integrity, of estimable value, took place only four months before death relieved him from his " distresses," and put a final termination to his *' crapulous habits." It appears by Mr. Jefferson's letter of the 12th March, 1789, that he be- came possessed of a volume of Mr. Deane's letters, containing his corre- spondence from March 29th to August 23d, 1777, and his hook of accounts with the United States, from his first going to Europe, to January 10. 1781. These volumes would be to your memorialists of exceeding value, more especially the book of accounts, as they have no doubt that that book coiitained, as Mr. Jefferson said it did, ^' all his accounts with the United States," including vouchers for, and explanations of, its items. But your memorialists are pained to be under the necessity of saying, that they have been answered at the Department of State, that that De- partment has not, at this time, those books in its possession; nor has any of the persons now employed in that Department any knowledge whatso- ever of said books; nor can your memorialists gain any information re- specting them from the Department of the Treasury. This is exceedingly to be regretted, as they have no doubt that those books would greatly facilitate the adjustment, which it is the object of this memorial to seek, and they pray your honorable bodies that, if it be within your power to cause them to be forthcoming, that measures be forthwith taken for that purpose. Having thus explained the initure of Mr. Deane's claims against the Government, and given a circumstantial account of his unceasing and most earnest exertions to procure their liquidation and settlement, and 20 having candidly and faithfully shown that he was never able to eftect it. when he was in a situation to have done it, fairly and satisfactorily; having shown, from his letters to Mr. Barclay and others, that he offered to submit every item to the arbitrament of disinterested persons, of com- petent knowledge, to be selected by the agents of the public; all of which offers were unheeded and disregarded; having shown by his letters that he gave long and copious exj)lanations of such charges as seemed to re- quire explanation; and furtlier, that he clearly and forcibly explained the erroneous cnti-ies of money that stood charged against him; and, finally, that he abandoned all liopc of ever effecting a settlement; and, from trouble, distress, and despair, whereby the energies of his capacious mind, and his bodily powers, became so impaired and affected, that he was unable at length to do any thing in person towards a settlement. Your memorialists have to state, that Mr. Barclay, " commissioner for settling accounts of the servants of the United States, who had been en- trusted w ith the public money in Europe," proceeded, of himself, in the years 1786 and 1787, to make an ex parte settlement of Mr. Deane's ac- counts, after his own manner, and, in many instances, paying no respect to the explanations of Mr. Deanc, and his vested rights, under his con- tract of the 19th February, 1776, with the Committee of Secrecy; and his ajjpointmeiit and instructions of tiie 3d March, 1776, from the Committee of Secret Correspondence. That settlement was concluded by Mr. Barclay, in Paris, and bears date on the 20th July, 1787. It now becomes the duty of your memorial- ists to examine that settlement, (a certified copy whereof, from the office of the Register of the United Stiites Treasury, accompanies this memo- rial,) and to point out its errors and defects. Livres. Sols. Dens. Livres. Sols. Den«. That settlement closes with a balance which it admits to be due to Mr. Deane of 6, 117 05 10 Under date March SOtli, 1778, Mr. Deane is charged with a payment made by Mr. Grand, the banker, said to be for account of General Hill Taylor, - 1,200 GO 00 And Mancenu, see page 2 of the account, 432 00 00 1,632 00 00 It was found by Mr. Barclay that these sums w ere not properly chargeable to Mr. Deane, and on page 3 of the account, he is credited with the amount, - - 1,632 00 00 The account is then balanced, and a new- account is opened ; and on the 6th page the same items are again charged and under the same date, - _ . 1,632 00 00 On the 7th page, the charge for Man- ceau is again credited, - - 432 00 00 Leaving the 1,200 livres standing charged, - - . - 1,200 00 00 21 The account is then again balanced and a new one opened ; and on page S, the charge for Manceau is repeated for the Sd time, and is not afterwards credited, 432 00 OO Livrc3. Sold. Ueii». Livrcs. t^uls. Dens. Making 1,632 livres to be added to the balance due Mr. Deane, - - 1,632 00 OO On page 6, is a charge paid Brousie, for wine, . . - . 294 00 00 On page 7, Mr. Deane is credited with this, which was charged to- expenses of Ministers, - - - - 294 00 00 The account is then balanced ; and on page 8, the same charge is again repeat- ed, and is no where credited. It is there- fore to be added to Mr. Deane's balance, 294 oo 00 On page 8, Mr. Deane is cliarged, *'paid him out of tlie money which he and Dr. Franklin took up jointly," - 1,473 00 00 On page 19, this charge is credited and the account is balanced ; and then on page 18, the charge is repeated, and is no where afterwards credited. It is there- fore to be added to Mr. Deane's balance, J, 473 00 00 On page 8, Mr. Deane is charged for d balance, being his proportion of money Franklin, Deane and Lee took up jointly, 2,103 18 00 On page 19, this charge, being found erroneous, is credited, and the account is balanced; after which, on page 18, the charge is repeated, and is no where after- wards credited. It is therefore to be ad- ded to Mr. Deane's balance, - - 2,103 18 00 On page 6, Mr. Deane is charged with two errors, amounting together, to the small sum of three livres; and a little further down, on same page, the charge is repeated. He must have credit for one of the charges, - - . . 3 00 00 Mr. Deane entered into contracts with the Baron de Kalb, and with the Viscount de Mauray, to enter into the service of the United States. By the terms of these contracts, he was to advance to those officers 16,800 livres each. He paid them 8,800 livres each, in cash, and gave each of them a bill on Messrs. Delaps for 8,800 livres. In the 22 Livrcs. Sola:' Dciia. Livres. Sols. Dcus. settlement made by Mv. Bai-clay, Mr. Deane, at page 15, is credited with the 8. 800 livres cash payment. TJie Messrs. Dclaps are credited with the bills, (see their account) and the bills are actually charged to Mi'. Deane at page 8, as thougli they had been on private account. As these bills were on i)ublic account, they must of course be deducted from the charges against him, and their amount must pass to his cmH/. - - - 16,000 00 00 The original contracts with the Baron de Kalb and the Viscount de Mauray, arc presented with this memorial, to which reference is respectfully i-equested, as showing the f:ict that these bills were given in fulfilment of those contracts. In the account of the United States against Messrs. Delaps, as stated and settled by Mr. Barclay, at page 4, under date October 24th, 1776, they are charged as follows: << For neat proceeds of 196 barrels and 79 half barrels of rice, and 34 tierces and 1 qr. cask of indigo, received by her (the Dolphin, Capt. AVm. Moore,) from Ckarleston ; consigned to them (Messrs. Delaps,)"by John Dorsius, of Charleston, South Carolina. The proceeds to be /ieW at the disposal of Silas Deane, at Paris," 83,272 16 00 On the same "page, Messrs. Delaps arc also charged with the nett proceeds of a parcel of logwood, received per the Mary, Capt. J. Morgan, - - - 2,44106 09 Making . - - - 85,714 02 09 Messrs. Delaps are credited by Mr. Barclay, by Mr. Deane's bills in favor of Girardot & Co. and by commissions and accounts due to Girardot & Co. by Mr. Deane, to a very large amount; and the several items of it are charged to Mr. Deane, under the same dates that they are credited to Delaps. Upon the settlement of accounts with Messrs. Delaps, it was found they were much in advance to the United States, upon which advance they charged, and were allowed by Mr. Barclay, interest to the amount of - - - - 42,125 09 02 23 To tliis credit of interest t® Messrs. Delaps, is appended by Mr. Barclay, the i^oWowm^ sin gular and extraordinary explanation, viz: "It appears by Delaps' general account of interest, that the balance of interest due them, chiefly accrues from the sums cbarged to Mr. Deane. But it is to be observed that if Mr. Beane is or shall be credited for any of these sums charged to him from Delaps' account, that the interest also must be considered. '^ The proceeds of the rice, indigo, and logwood, an- swer for ahout the advances Delaps made on account of the United States. But in case those proceeds amount to 2,441 6 9, and 83,272 16, making together 85,714 2 9, do not belong to the United States, Mr. Deane must have credit for interest on the whole advances Delaps made on account of the United States, being above debited, for all the interest Delaps charge." This same sum of 42,125 9 2 for interest is then brought to tiie debit of Mr. Deane, and is expressly stated to arise on payments to Girardot & Co. on his account. To this charge against Mr. Deane is also ap- pended a note in the s?me words as that appended to the credit to Delaps, and which is quoted word for word above. It thus appears, by Mr. Barclay's own admissions, clearly and distinctly made and expressed, that, at the time he charged Delaps with the proceeds of the i-ice, in- digo and logwood, as the property of the United States, he doubted whether it was the property of the United States, and says, distinctly, that if it should afterwards appear that it was not the property of the United States. Mr. Deane must have credit for the interest allowed De- laps on advances to Mr. Deane. It is therefore clear, that Mr. Barclay admits, that, if these proceeds did not belong to the United States, they did belong to Mr. Deane ; else why, if they could, by possibility, be the property of any other person, credit Mr. Deane with the interest on payments made to him. This is also clear from the expressions he uses — "tiiat if Mr. Deane sliall be credited with any of the sums then charged against him for payments to Girardot,jthat the interest must come off." These payments, it is admitted, w eie made in pay-, ment of the proceeds of this very rice, indigo and log^. wood. But, if this matter was doubtful to Mr. Barclay, when he settled Delaps' account, which was not until 1785, (as the credit to Delaps and the charge to Deane is made on an account rendered by Delaps on the 7th of March of that year,) it is no longer so. It is expressly stated, in Livrrt. Sols. Dens. 24 Dclaps' account, that tln^ rice and indigo were consigned to them by JoJin Dor.mis, of Charleston, with orders to hold the proceeds subject to the order of Silas Deane. It will appear, by sundry original letters from Robert Morris, who, in the year 1776, (the date of these trans- actions,) was the most eminent merchant in the United States, whicii letters are wholly in tlie proper hand wri- ting of Mr. Morris, and accompany this memorial, that Mr. Morris and Mr. Deane were deeply concerned, as partners, in trade ; and that Mr. John Dorsius was their agent in Cliarleston, and Dclaps in Bordeaux. It will also appear, by Mr. Moi'ris's letter bearing date Phila- delphia, August llth, 1776, in which he advises Mr. Deane to make large shipments of goods on their ac- count, and that he would remit in rice ainl indigo, &;c.; but more jjarticularly so in the letter dated Phila- delphia, September 12th, 1776, wlierein he says, a cargo of rice and indigo was then shipping on their account, as he had given orders to that effect. Your memorialists beg leave to call the attention of your honorable bodies to the dates of these transactions, for the purpose of showing how exactly they correspond witli each other. Mr. Morris, in his letter of the 12th September, 1776, to Silas Deane, says, a cargo of rice and indigo was then shipping, that was, on the 12th Septem- ber, the proceeds of which is for his, Mr. Deane's, ac- count. On the 24th of October following, that is, 43 days thereafter, Messrs. Delaps receive and sell a cargo of rice and indigo, with orders from Mr. John Dorsius, the agent of Mr. Morris in Charleston, to pay the pro- ceeds to Silas Deane. Forty-three days is about a fair allowance for the voyage and the sale of the cargo ; and forty-three days after Mr. Morris advised Mr. Deane of the shl^jment, the cargo is received, and the proceeds are subject to Mr. Deane's orders. Mr. Deane, it appears, drew for these proceeds, and, by the accounts of Delaps, it would seem, generally, in the name of Girardot & Co. ; and when Mr. Barclay came to Europe to settle the public accounts, he transfer- red, at hazard, as appears from his own remarks, the proceeds of this rice and indigo ioi\\& credit of the United States, and charged Mr. Deane with the whole amount taken up by him on account of said proceeds. He not only did that, but he did more : he charged Mr. Deane with the interest on the amount paid to him by his consignees, on account of these very proceeds, which were unquestionably his own property. As it is clear, then, that these proceeds were the pri- vate property of Mr. Morris and Mr. Deane, and as Mr. Barclay charged Mr. Deane with them, or rather with the amount paid him on account of them, and thereby. J.ivcrs. Sol*. Dens 25 Livres. Soli. Den*. by that amount, reduced Mr. Dearie's claim against the United States ; the amount must therefore be restored to Mr. Deane's credit, viz: - - - - 85,714 02 09 And then, according to Mr. Barclay's own showing, the interest which he charged to Mr. Deane, as having been allowed to Delaps, on account of the payment to Mr. Deane for these very proceeds, must also be credit- ed to Mr. Deane, viz: ----- 42,125 09 02 In illustration of the fact, that Mr. Deane's private property in the rice and indigo mentioned above, were credited to the United States, and that he was charged with the money paid to him as the proceeds thereof, your memorialists will state, that this was not the only instance of the kind which occurred in the accounts between that gentleman and the United States. In the month of Jan- uary, 1777, [See Robt. Morris's original letter, dated January 31, 1777,] Mr. Robert Morris shipped to Messrs. Plaire & Penett of France, 86 hhds. of tobac- co, with directions to hold the proceeds subject to the or- der of Silas Deane & Thomas Morris. Thomas Morris turned the proceeds wholly over to Silas Deane. These proceeds were remitted by Messrs. Plaire & Penett, to Solieur, one of the bankers of the United States in Paris. They were taken up by Silas Deane, and, in making out the accounts in France, between Mr. Deane and the United States, while Mr. Deane was at- tending upon Congress in Philadelphia, in obedience to order, the proceeds of this very 86 hhds. of tobacco, amounting to 48,252 4 livres, vvere actually charged to him, as so much advanced him by the United States. Up- on his return to France, Mr. Deane discovered the error, and explained it ; it remained charged ; he remonstrated against it repeatedly, and sent copies to Mr. Barclay of all the papers relating to the transaction — [See his letter to Mr. Barclay, dated Nov. 7, 1783]; yet tliis charge was permitted to remain against him until the account was finally settled in July, 1787, when he was credited with it ; which fact of correction was never known by Mr. Deane. He died in ignorance of it. The transac- tion relative to the rice and indigo is similar, except, that, in the latter case, he is actually charged with in- terest on the money paid him by his own consignee, for his own property. Mr. Deane also died ignorant of the fact that he Avas charged with the proceeds of his own rice and indigo. Having no idea that Mr. Barclay would or could claim these proceeds ; they are never re- ferred to in his correspondence or explanations. Under date of July 3, 1778, page 2, Mr. Deane is charged with 3,600 livres for six months' house rent due on that day, and paid by Mr. Grand the banker. Mr. Deane and Doct. Franklin occupied the same house ; 4 26 l.ivm. Sola. Deu* and, accoi'ding to the usage of that day, and the resolu- 'tion of 28tl) September, 1776, [See Secret Journals, vol. 2, p. 53,] all the expenses of the commissioners were to he paid by the Government, independent of a fixed com- pensation. Doct. Franklin and Mr. Deane might have occupied separate houses, and the Government musthavepaid the vetit of both, each of which might have equalled, and, indeed, exceeded, that occupied by them jointly. Their joint occupancy of the same house was, therefore, a clear " saving to the Government of the rent of a house. Now Mr. Deane left Paris on the 1st April, 1 778, three months before this rent was due or paid, under orders to return to America to give Congress an account of the state of af- fairs in Europe ; and, when he left Paris, he left Dr. Franklin in the occupancy of the house, and, as the Gov- ernment was bound to find Doct. Franklin a house, no part of the rent for the last three months of the six charged, ought, under such circumstances, to be set down to the account of Mr. Deane. Tlie ciiarge, therefore, it is manifest, has been erroneously made for the three months after he left France, and your memorialists ask that it may be written off. . . . . i,800 00 00 The next charge is livres 5,509 2 said to be ex- pended in the purchase of articles for the President of Congress, and is said to be admitted by Mr. Deane to have been so expended. Now it is a fact, as appears from the Journals of Congress, and the public accounts of that day, that the household, and almost all other ex- penditures of the President of Congress, were borne by the public. There is no account showing of what the articles consisted for which this charge is made, but there can be little doubt that they were articles designed foi* the household of the President, or such as would have been paid for by Congress. It is possible that, originally, Mr. Deane may have intended these articles as a pre- sent to the President, though the magnitude of the amount seems to forbid the idea : but even admitting that -such was originally the intention, the course which events sub- sequently took between Mr. Deane and the Government, the long and cruel delay of justice which he experienced, and which finally brought about his ruin and death: the extraordinary disposition which, in the ex parte settlement ■ that afterwards took place, to charge him with every thing which they did not know exactly how to charge to any other person, would seem to render it an act of justice to Mr. Deane for your memorialists now to claim this sum at the hands of the Government ; and for these same reasons, the honor of the Government itself, seems equally to require that the amount should pass to the 27 Livres. iJola>Oeii<. credit of Mr. Deane. Your meuionalists ask therefore for its allow ance. _ . . _ . 5,509 02 00 In the account of Messrs. Delaps, under date May 20th, 1777, they are credited with 225 livres for three cases of wine sent to the President of Congress, and the amount --^ is debited to Mr. Deane without further remark. For the reasons given in respect to the last charge, your memo- rialists ask that Mr. Deane may receive credit for this , / charge also - - - - - - £25 00 00 In the account of Messrs. Delaps, tliey have received a credit for their draft furnished Mr. Deane in favor of Doct. Edward Bancroft, on Snell and Co. of London, for ISO sterling or livres 703 17 4. This money was transmitted to Doct. Bancroft by Mr. Deane, by order of the Committee of Secret Correspondence, as may be seen by their instructions, to enable Doct. Bancroft to come ' over to Paris to confer with, and assist Mr. Deane in the business of his mission ; yet this money is charged to Mr. Deane on page 6 of the account. It is evidently an error, and must be written off and credited to Mr. Deane 703 17 04 On page 8 of the account, Mr. Deane is charged with a balance due on the joint account of Franklin and Deane, of 19,873 13. By the account itself of Franklin and Deane, a certified copy of which accompanies this memorial, it appears that they were charged with 54,336 14 ; and credited with various expenditures, among which was one of 19,139 13 6, for house expenses, properly chargeable as such. This sum was divided, and one half thereof, that is 9,569 16 9 urns again actually credited to the private account of Doct. Franklin, as is stated on the account, and may be seen on an examination, at the Treasury, of Doct. Frank- lin's accounts. It is not perceived upon what principle of accounting, Doct. Franklin had the benefit of a credit for the expenditure of money which had never been charged to him. But this is a matter nowise concerning your memorialists, and would have passed unobserved, had it not been connected with an error to the prejudice of Mr. Deane. After all the credits had been made on this joint account to which the parties were entitled, there re- mained, it would seem, 10,303 16 3 unaccounted for; this deficit is, forthwith, without explanation or reason, charged in wholCf to the private account of Mr. Deane, while no part of it is charged to the private account of Doct. Franklin, which account, on the contrary, is actually credited with that which had been before credited to the joint account. This is certainly a new method of book- keeping, and argues little for the knowledge of the ac- countant in that science or art. While Doct. Franklin has the benefit of a credit for one half of the 19, 139 13 6, 28 Livres. Sols. Deii». Mr. Deane has the benefit of a charge for the other half, (which was correct,) which being added to the whole of the deficit of the joint account, produces the above men- tioned sum of 19,873 13. As it respects this deficit of 10,303 16 3 in the joint account, there is no law, rule or usage, in settling or balancing partnership accounts, which authorises a -whole deficit to be debited to one of the parties, unJess for rea- sons which must be stated it is so done ; but it is to be ^ averaged, and each party to bear his relative portion ; under tbis rule, one half only of the balance should have been charged to Mr. Deane, be is therefore on this charge CM^i^ied to a credit for the other half, equal to - - 5,151 18 i which ought to have gone to the debit of Doct. Franklin, the other partner in the joint concern. On page 6 of the account, Mr. Deane is charged with 46 2 postage paid by Delaps ; and for which Delaps had received credit from the United States, which is credited to Mr. Deane in a credit of 624 18, on page 19 of the account : which credit of 624 18, is made up of the said 46 2 and 578 6, paid by Germany, Girardot and Co. But at page 8 of the account, Mr. Deane is again charged with 107 17, other postage paid by Delaps, and for which Delaps received a credit from the United States. This is a contingent charge, and as Mr. Deane has been charged with it, certainly ought to be deducted and credited to Mr. Deane - - . - 107 17 00 Mr. Deane has, however, received no credit whatever for the various payments made by liimself, in person, on account of postage, during the time he was in France as a public agent ; the only credits he has received has been that which was paid by his correspondents and charged in their bills. During the period of his residence as a public functionary, he paid bills for postage, amounting altogether to 394 livres 5 sols, a particular account of which, exhibiting the date and amount of each payment, has been extracted from the general abstract of his ex^ penditures. The omission being discovered, and the amount ascertained, it will, of course, pass to his credit 394 05 00 On page 6 of the account, Mr. Deane is charged with 2,400 livres, paid by Mr. Grand on the 2 1st of December, 1777, which Mr. Deane alleges was drawn to defray, and was actually used in defraying, the expenses of the commissioners jointly, wkile residing at Passy. Mr. Deane, in his detailed abstract of expenses, refers to this charge as an error: he frequently refers to it in the same way. It was, doubtless, an error, and its amount is now asked to be credited - - . _ - 2 400 00 00 Mr. Deane, in obedience to the orders of Congress of the 8th of December, 1777, to return home, for the pur- 29 pose of informing Congress of the state of affairs in Europe, attended upon Congress fronni the 13th day of July, 1778^ (the day he arrived from France,) to the 6th of August, 1779. When a resolution was passed in the words following : *^ Resolved, thai the Hon. Silas Deane, late «)ne of the commissioners at the Court of Versailles, and political and commercial agent, he discharged from any further attendance on Congress." And on the same day, a i-esoliition was also passed as follows: "That the Board of Treasury be directed to report for Mr. Deane a reasonable allowance for his time and expenses from the explication of three months from the notice of his recall to the present time." On the 26th of August, 1779, the Board of Treasury reported that ten thousand dollars should be paid Mr. Deane for his time and expenses during his attendance on Congress, from June 4th, 1778, to August 6th, 1779, a period of one year, two months and two days. Congress amended the recommendation of the committee, by increas- ing the sum to 10,500 dollars.' Mr. Barclay, in his settlement of Mr. Deane's ac- count, chose to consider this sum as the depreciated cur- rency of that day, and allowed Mr. Deane but one- eighteenth part thereof, or 583 dollars 33 cents. See the credits in Mr. Barclay's settlement, page 13. Five hnndred and eighty-three dollars and thirty-three cents for fourteen months and two days' services and expenses of an ambassador to a.foreign court, attending in the ex- pensive city of Philadelphia, in time of war, in obedience to the special orders of Congress ! ! ! The idea is pre- posterous. From the very same report, and on the very same day that the order was passed, directing a reason- able allowance to be made for the time and expenses of Mr. Deane, the resolution was passed fixing the salary and providing for the expenses of all the ministers of the United States in Europe, including among them Mr. Deane himself, fwrthe time he had been a minister at the court of Versailles; that resolution is in the words fol- lowing: '' Resolved, That an allowance of 11,428 livres tour- nois per annum, be made to the several commissioners of the United States in Europe, for their services, besides their reasonable expenses, respectively." Mr. Barclay, with the same propriety that he consi- dered the allowance to Mr. Deane, for a special service, LtTre«. Soil. Dfnf. 30 Livres. Sole. Dens, as «Iej)reciate(l currenc.v, might have cofisidered the annual compensation in the same currency; the orders for each were in the same series of resolutions, and adopted at one and the same time; and there is nothing in either resolution which says that it shall or shall not he con- sidered specie or depreciated paper; the amount of one is set out in livres, the other in dollars; yet there was a fixed standard for transferring livres into dollars and dollars into livres. It is out of the question to suppose for a moment that Congress would he so far forgetful of its own dignity, and of the honor and dignity of the na- tion, as to order one of the national ambassadors to the highest court in Europe to attend upon them for upwards of fourteen months, and then to insult him by an offer of S583 as an indemnity for his time, including all the ex- penses of himself, secretary, and household. It is re- peated that the idea is preposterous, and cannot for a mo- ment be seriously entertained. For the year preceding, because it was spent in Europe, Mr. Barclay allowed Mr. Deane Sl2,000, but for the next 14 months, because they were spent in America, under the special orders of Congress, Mr. Barclay allowed Mr. Deane S583, al- though Congress had said he should be allowed gl 0,500. But, moreover. Congress, by sundry resolutions, pass- ed at various times, made good to its officers the depre- ciation on continental bills, and at the end of the war issued what was termed specie, or final settlement cer- tificates, for the difterence. Is Mr. Deane to be made an exception to this rule? Is he, alone, to be excluded from the benejits of the scale of depreciation ? It is a fact, that may be ascertained at the Treasury, that the scale of depreciation was applied to no other foreign functionary of the Government, for any charge, service, or duty, of what nature or kind soever, no matter where, when, or under what orders performed. In illustration of this position, which is of great importance in adjusting the claims of Mr. Deane, your memorialists are permitted to state, that Congress, on the 18th Nov. 1782, as appears from their Journals, made good to the Hon. Arthur Lee, who was an associate commissioner w ith Mr. Deane, in France, the depreciation on Loan Office Certificates, amounting to S9,950 .//^, which certificates had been paid to him for his diplomatic services abroad. For these certificates Mr. Lee received Bills of Exchange on Europe for /2238 17 9 sterling money, with interest, from 10th August, 1781, the day it is presumed when the certifi- cates were paid to him. Why then, it is again asked, is Mr. Deane, for services of the same character to be al- lowed but S583 for the 10,500 voted him by Congress ? According to the rate of fixed salary ( 11,428) as allowed 31 Livrn*. Suit. Oeiii by Congress, and the rate of expenses as fixed by Mr. Bar- clay, being 48,572livres per annum, making^for services and expenses 60,000 livres, or S 1 2,000 per annum. Mr. Deane's allowance for the 14 months and two days' attend- ance (the time fixed by Congress itself) would have amount- ed to Sl4,066 66 cents; but, as Congress fixed the sum at §10,500, your memorialists must be content to ask only that the order of Congress may be fairly and honorably executed. After deducting the jS583 and 33 cents, al- lowed by Mr. Barclay, from the gl 0,500 voted by Con- gress, there is left S9,916 67 due Mr. Dean e, equal to 49,582 17 On page two of the account, Mr. Deane is charged with cash paid for sundries, for his account by Mr. Grand, livres 26,713 5 6. A certified copy of the items which for in this charge of livres 26,713 5 6 has been obtained by your memorialists, and accompanies this memorial; and among these items is a charge for the coachf purchased by Mr. Grand for Mr. Deane, amount- ing to 3,596 livres. When Mr. Deane left Paris to return to the United States, he returned the coach to Mr. Grand, for account of the United States; it was then valued at 2,000 livres, and Mr. Grand credited the United States with that sum, and Mr. Barclay gave Mr. Deane a corresponding credit. See page three of the account. On page four of the account, the credit for the 2,000 livres is withdrawn, by debiting Mr. Deane with that amount, on the ground that the cost of the coach had been charged to the United States: that was perfectly true; but then, it was equally true, that the United States had already charged it to Mr. Deane, at 3,596 livres, in the charge of 26,713 5 6, and when he returned to the United States he ought to have received its value at its return, viz. the 2,000 livres. If the charge had stopped there all would have been correct; but it is charged to Mr. Deane for the second time; the last charge is of course an error. Mr. Deane is, in any event, a loser of 1,596 livres by its use: he ought certainly not to be call- ed upon to lose the first cost of the coach, viz. 3,596 , livres, and yet return it to the United States, for whicli they received a credit from their banker and agent of 2,000 livres: yet such is the case as the account now stands. The United States have charged him 5,396 livres, and credited him with 2,000; while the United States paid but 3,596 livres, and have received 2,000 back again. The last charge is therefore to be deducted, and added to the credit of Mr. Deane, . - . - 2,000 00 00 At page thirteen of the account, Mr. Deane is cre- dited with livres 4,083 10 6, for sundry articles pur- chased and left m ith Dr. Franklin; this credit consists 32 I.ivrr:;. SoU. Dens. of the following articles, wiiidi are contained in the items of Mr. Grand's account of 26,713 5 6, charged by Mr. Barclay to Mr, Deane, viz. plate, 1,880 12 3, linen, 1.127 17 9, china, 1,075 6. Yet there are, in the same account of charges against Mr. Deane, two other charges for household furniture, also left with Dr. Franklin, viz: a table, 33 livres, and another bill of linen, 243 5 6; these items, being left with the others, ought in like manner to pass to Mr. Deane's credit, - 273 5 6 Besides the above, Mr. Deane, purchased at various times, after the arrival of Dr. Franklin, and while they resided in the same house, and used the furniture in common, various useful and necessary articles of house- hold furniture, a particular account of which has been extracted from the general abstract of his expenditures; when Mr. Deane left Paiis to return to the United States, he left the house, with all the effects, in charge of Dr. Franklin; considering all the effects he had pur- chased, and placed within it, as the property of the United States, having charged them to his expenses, which he was authorized to do by his instructions. The amount is, ...... 1^959 qb oo The amount paid for plate, linen, and china, and the small and various articles, comprised within the charge of livres 1,959 8, would, as may readily be supposed, go but little way towards furnishing a house in Paris, for the residence of two ambassadors, who had been directed by Congress to live in a style suitable to the honor of their country and the dignity of their station. (See Secret Journals of Congress, of September 28, 1776, vol. 2. p. 33;) they therefore hired a large portion of the articles necessary for their establishment. On page seven of the account, Mr. Deane is credited with the money paid for tlie hire of kitchen furniture. On the 1st of April, 1778, (the day he left Paris) Mr. Deane paid, as appears from his general abstract of ex- penditures, livres 1,555 14 for the hire of furniture. Whether the whole of this payment should go to Mr. Deane's credit or not, your memorialists respectfully submit to Congress to decide; but, as the charge was equally for the benefit of Dr. Franklin as for Mr. Deane, equity and justice, at least, requires that he should re- ceive a credit for one half of it, which is, - - 777 17 00 In September and November, 1776, Mr. Deane sent his confidential servant on two expresses to London, and charged the expenses in his general abstract of expendi- tures, November 19th, 1776. The amount has nowhere been admitted to his credit. Tliat he should have re- ceived credit for it cannot be doubted, as Mr. Barclay gave credit for all payments for expresses which came to his knowledge. The amount is, ... 505 07 00 33 Livres. SuU. Dena. On the 29th January, 1778, Mi-. Deane reimbursed Mr. Chaumont a bill paid by him for expresses, nowhere credited to him by Mr. Barclay, amounting to - 480 00 00 It often became necessary to despatch couriers and messengers on the business of the mission, to Versailles, where the Court and Ministers of France usually resided : a particular account of the expenses of which, as kept and paid by Mr. Deane, is extracted from the general abstract of his expenditures, and which, in the settlement, were not credited to him. The amount is - - 203 09 00 In the summer of 1777, Mr. Deane was called twice from Paris to Havre and Rouen, on the business of the public. The expenses of these journeys he charges to the public, under date of July 9th, 1777. They were not credited to him by Mr. Barclay ; and amount to - 514 00 00 In Mr. Barclay's settlement, page thirteen, he credits Mr. Deane with 589 5 6 paid for transportation of a monument to the memory of General Montgomery. All the accounts and papers go to show that the payment was 598 5 6 ; difference in favor of Mr. Deane, - . 9 00 00 Whilst Mr. Carmichael was engaged in the public service in France, Mr. Deane advanced him and paid his bills to the amount of 9,200 livres, as per account of particulars, filed among the papers accompanying this memeriai. In the settlement of Mr. Barclay, he allowed only 7,347 livres, leaving out 1,863, for the non-allow- ance of which no reason whatsoever is assigned. As Mr. Deane advanced this money, evidently for the good of the public service, having no individual interest in it, or even contingent emolument whatever ; as Mr. Carmi- chael was, at the time, engaged in rendering important and faithful service to his country, and as these advances enabled him the better to do so ; as Mr. Carmichael, during the whole of his residence in Paris, resided in the house with Mr. Deane, without cost to himself or the public, but at the ijidividual expense of Mr. Deane, as did almost all other public characters or American citi- zens, whom chance, business, or the fortune of war, brought to Paris ; and as Mr. Deane never looked to, or held Mr. Carmichael in anywise responsible for the re- imbursement of this money, but always considered it as having been advanced for the public service, and not to Mr. Carmichael individually, and therefore never ap- plied to him for its return, your memorialists humbly hope that Mr. Deane may not be called upon to make good an advance thus made and applied for the public good : they therefore hope that this account may receive credit for the difference between the amount advanced and the amount allowed by Mr. Barclay, viz : - 1,863 00 00 See Mr. Deane's letter to Mr, Carmichael, dated 1784. 34 Lirrei. Sols. Daui. It has already been repeatedly observed that Dr.. Franklin and Mr. Deane occupied, jointly, a house in Paris ; tlie annual rent of that house was 7,200 livres : it commenced on the 1st of April, 1777, Doctor Franklin having arrived in December preceding. This house continued in the joint occupancy till 1st of April, 1778, when Mr. Deane set out upon his return to the United States, making one year ; the whole of w Inch was paid by, or charged to, Mr. Deane. On the second of April he charges, as paid by him, 1,764 livres, which was for the quarter ending at that time. In the charge on page two, against Mr. Deane of 26,713 5 6 paid Mr. Grand, for sundries, for his ac- count, (a bill of particulars of which has been procured) is contained an item of 3,600 livres for house rent, paid on tlie 18th of October, for six months ending 1st of that month ; and Mr. Deane, in his abstract of expendi- tures, charges the payment of 7,200 livres, for a year's rent; included in which is the 3,600 paid and charged by Mr. Grand, and the 1,764 livres paid by himself on the second of April ; the other three months is charged by Mr. Barclay, at page two, in his charge of 3,600 for six months due on 1st of July, 1778 ; (1,800 of which your memorialists have already asked to be deducted, for the reason that the joint occupancy ceased on the 1st of April 1778, when Mr. Deane returned to tlie United States) making for the year and three months, 8,864 livres ; one half of which was for account of Doctor Franklin, and as Mr. Deane has paid the whole of that sura out of his private funds, or, if paid by others, out of public funds, it has been wholly charged to him ; it is evident that he ought to receive a credit for that portion which ought to have been payable by, or chargeable to. Doctor Franklin, viz : - - - - 4,432 00 00 Your memorialists now proceed to charge the commis- sion to which Mr. Deane was entitled on his purchases, and transactions as commercial agent in France ; the accounts for which, in various forms, accompany this me mortal, viz : Purchases of J. H. Delaps - 79,587 17 4 Commission thereon five per cent. 3,979 07 00 Purchases of Mon. Le Ray Chaumont, 280,799 06 Commission thereon, five per cent. 14,039 19 OO Purchasesof Mon. DeBeaumarchais, 3,736,957 IS 8 Commission thereon, five per cent. 186,847 16 00 Purchases &c. of Mon. Montieu, viz : Magazine at Nantz, - - 220,000 00 Repairing of arms therein, - 6,416 00 Charters of ships to carry stores pur- chased of Beaumarchais ; the charter- 35 Livre*. Sold. Dcni. party is contained in Diplomatic Corres- pondence, vol. 1, page 51 - - 432,633 00 659,049 00 Commission thereon, at five per cent. . S£, 952 09 00 Amounting altogether in French livres, to 472,174 09 08 equal, at five livres to the dollar, as then computed, to S94,434 90 Wliich sum your memorialists claim to be due to Mr. Deane's repre- sentatives, with the interest thei-eon, from the year 1780, when the last service was rendered in settling up the public accounts in Europe. Your memorialists have thus set forth and stated what they verily be- lieve to be the actual, fair, just and bona fide claims of Silas Deane, against the Government of the United States, all of which are supported in such a manner, as, in the opinion of your memorialists, to be beyond dispute or question. But there was yet another expense borne by Mr. Deane alone, which, your memorialists put it to the honor, the generosity, and the sense of justice of the Government of their coimtry to decide, whether Mr. Deane was solely bound to bear. Your memorialists will state the case. As soon as Doct. Franklin ar- rived in France, he wrote to Mr. Deane from Nantz, under date of De- cember 7tb, 1776, (tlie original of which letter, with original let- ters of Doct. Franklin upon that and other subjects, accompany this me- morial,) requesting Mr. Deane to make such arrangements, as that they might, jointly, occupy the same house and live together. Mr. Deane made the necessary arrangements, accordingly, and, from the arrival of Doct. Franklin at Paris, in December, 1776, to the 1st of April, 1778, (the day Mr. Deane set out on his return to America,) they occupied the same house, and lived together in common. Doct. Franklin was accom- panied by his grandson, William Temple Franklin, Esq. who also form- ed a part of tbe family. Mi*. Carmichacl, during the whole time he was in Paris, and while engaged in the public business, also formed a part of the household. By Mr. Deane's instructions from the Committee of Se- cret Coriespondence, he was directed to send to London for Doctor Ed- ward Bancroft. That gentleman came over to Paris, and, as appears by all the correspondence of the commissioners, was usefully employed in the public service, during the whole time of Mr. Deane's service in France, and he, also, formed a part of the establishment of the house- hold of the Ambassadors. Independent of all these, Mr. Deane had, of necessity, to entertain, and did actually entertain, board and keep, al- most constantly, from the time he kept a house in Paris to the day of his departure for America, many public characters, such as messengers and bearers of despatches from Congress, captains and other officers of na- tional ships of war, as well as captains of letters of marque and reprisal and of merchant ships, who were, in obedience of orders, or in the regu- lar course wf war, or by tbe cbances of war, or by escape from the ene- my, brought to Paris. For all these, the house of the American Minis- 36 ters was the home: they were fed, lodged and provided for. During a portion of this time, the ministers, for good and sufficient reasons, changed their residence from Paris to Passy ; yet, for the accommodation and support of the Americans and the American cajjtains in Paris, Mr. Deane was compelled, as he states in his account, to keep up the establish- ment in Paris ; the expense of which he defrayed, and for which he has received no credit whatsoever. An account of these expenses, copied out from his general abstract of expenditures, shows that they amount to 18,702 livres. In the settlement made by Mr. Barclay, he allowed Mr. Deane a sum, in gross, per annum, for his expenses ; but this allowance was not for the expense of Doct. Franklin and his grandson, Mr. Carmichael, Doct. . Bancroft, and all the Americans, couriers, national messengers, captains, and othervS, whose support and accommodation, Mr. Deane, under the pe- culiar circumstances of the times, was, in fact, compelled to provide and pay for ; and for which he has received no allowance whatsoever. Mr. Deane, in so far as regarded family, was entirely alone ; he had no part whatsoever of his domestic establishment with* him in Europe, nor did he keep a secretary, as may be ascertained from a perusal of his private and public correspondence for the period, almost all which is in his own proper hand writing. He, therefore, formed but one in the large house- hold, the whole expense of which he bore, and for which he has received no credit whatever. If it sliould be asked why Doct. Franklin did not contribute, it may be answered, that, from the commencement of their living together, it was the Doctor's wish that Mr. Deane, who was the younger and more active man, and, at that time, more versed in the mode and means of living in Paris, should assume the control and njanage- ment, and be the head of the household ; and as, by the terms of their appointment, their expenses were all to be paid by the public, and they were to receive a stated sum, in addition, for their compensation, [See Se- cret Journals, vol. 2, p. 33,] it was a matter of no account which of the Ministers advanced the money for these expenses, as they were to be re- imbursed upon a settlement. But when upon a settlement these expenses came to be lumped or averaged, and the same allowance made to each and every Minister, so far as regarded Mr. Deane, who had alone paid all the expenses, not only of himself and colleagues, but of a numerous household of public officers, and others engaged in public service, and received no credit for the board and maintenance of any of them, it made a very serious difference. By it he is alone made to pay the ex- penses of his colleague, Doct. Franklin, and of many others engaged in the public service. It was the intention of Mr. Barclay, as is evident from allowances he made Mr. Deane, as it regarded his advances of mo- ney, and for sundry other expenses, for all the persons, and description of persons, who have been mentioned or referred to, to have made Mr. Deane a fair and suitable allowance ; but, in his settlement, it is evident he overlooked these charges, and did not consequently take them into the account. From all these circumstances and considerations, your memorialists humbly hope that your honorable bodies will deem it fair and just that Mr. Deane should have been made a reasonable allowance on account of these expenses : what that reasonable allowance is, must be left to Con- 37 gress, or the public servants, to decide ; yet your memorialists will hum- bly express a hope, that, as Mr. Deaiie was wholly without family, and formed but one of the large number for whom these expenses were incur- red, and that, among the rest, was his colleague in the embassy, who was equally bound for these expenses, the one-lialf thereof will not be deemed an unreasonable allowance : if the half be granted, the amount of the allowance will be 9,351 livres, equal to - - ^1,870 20 which, added to the amount herein before stated of - 94,434 90 as bona fide and fairly due, will make a principal sum due to Mr. Deane of - . . . . §96,305 10 Your memorialists have now gone through with their exposition of the errors, omissions and defects of Mr. Barclay's settlement of Mr. Deane*s account — (of tfee making of which settlement, there is every reason to believe Mr. Deane descended to an obscure and untimely grave in igno- rance.) This exposition, your memorialists are aware, is long, and they fear may be esteemed tedious ; but to set it out in their memorial, in the manner in which they have done, they believed to be the only way that was open to them, of making your honorable bodies fairly and fully ac- quainted with the merits and hardship of the case of their ancestor. It has been the object of your memorialists to make this exposition full, fair, candid and correct ; if it be not so, it is not because it was not their in- tention to make it so, but the fault must be attributed to the want of abil- ity, to the confusion of their materials, and to the great lapse of time which has taken place since the things tiiemselves were enacted. They invite, on the part of your honorable bodies, the closest, the strictest scru- tiny : all they ask for, and they think your honorable bodies will be prompt to grant it, is justice; such justice as man would be compelled, by the laws of every enlightened and civilized land, to render to his fellow man. They ask no more, and they expect no less. Whilst Mr. Deane was living in exile and obscurity in London, whith- er he had gone by permission, [See letter to Mr. Jay,] after the peace, some personal enemy caused to be published in the English newspapers, an article calculated, in its effects, most seriously to injure his ciiaracter, and to destroy all prospects which he might have of obtaining what he conceived to be his due from Congress. Knowing the utter falsity of the charge, he appealed to Dr. Franklin, [See letter 7th November, 1783,] who would, necessarily, know more upon the subject than any other per- son could know : that old, faithful and iMCorruptiblc patriot, put the slan- der down, by furnishing Mr. Deane with the following certificate : ''Certain paragraphs having lately appeared in the English newspa- pers, importing that Silas Deane, Esq. formerly Agent and Commissioner Plenipotentiary of the United States of America, had, sometime after his first arrival in France, jjurchased in that kingdom, for the use of his countrymen, 30,000 muskets, 6cc. — that he gave three livres for each of them, being old condemned arms ; that he had them cleaned and vamped up, which cost near three livres more, and that for each of these he charged and received a Louisd'or, and that he also committed similar frauds in the purchase of other articles for the use of his country ; and Mr. Deane having re- 3S presented, that the said paragraphs are likely to injure him in the opin- ions of many persons unacquainted with his conduct while in the public service ; I think it my duty, in compliance with his request, to certify and declare, that the paragraphs in question, acc(»rding to my best knowledge and belief, are entirely false, and that I have never known or suspected any cause to charge the said Silas Deane with any want of probity in any purchase or bargain whatever, made by him for the use or account of the United States. *• Given at Passy, the 18th of December, 1783. (Signed,) B. FRANKLIN, Minister Plenipotentiary from the United States of America, at the court of France." This certificate, it must be remembered, was given upwards of two years after all ])ersonal intercourse between Mr. Deane and Doctor BYanklin had ceased, in consequence of the publication of the intercepted letters, and when the Doctor had full time and oppoitunity to iiave be- come acquainted with Mr. Deane's peculations, if he had been guilty of any. In further illustration of this subject, your memorialists refer to the correspondence with Mr. Baldwin, the London printer, the originals of which accompany this memorial. Mr. Deane was chosen a member of Congress in the spring of 1775, the commencement of the revolutionary war, and from that day, he so exclusively and assiduously devoted himself to the service of his country, as almost entirely to abandon his family, and wholly his private affairs, in Connecticut. Tracing him through his correspondence, and the busi- ness in which he was actively engaged in creating a navy, it is believed he visited his family but once or twice before he sailed for France : and from that period, (March, 1776,) to the day of his death, (Aug. 1789,) he was but once in Connecticut, and then for a few days only ; this was during the period of his attendance on Congress in 1778. His wife died during his public ministry in France. He had but one child, a son, Jesse Deane, who was yet a boy, and was sent to his father, in France, to be edu- cated. When misfortune and poverty overtook Mr. Deane, he was no longer able to keep his son at college in France, and Mr. Jesse Deane was com- pelled to return to America, leaving his father and only parent, sick, destitute, and distressed, to die in a foreign land, among strangers, with no friendly hand to smooth his pillow, minister to his wants, or close his eyes in death. He never afterwards had the happiness to behold his pa- rent's face, or to enjoy the blessings of a father's counsel. Jesse Deane lived and died in the city of Hartford, in Connecticut, and was the father of your memorialist, Philura Deane, now Philura Alden, who was his only child. He was of a feeble and delicate constitution and temperament ; and of weak and sickly habits of body ; and was during life, from these causes, unable himself to attend to the active concerns of life, or to seek that justice which he knew^ his country owed to the memory and for the services of his father. (See sundry depositions upon this point which accompany this memorial.) He constantly contemplated, and promised himself, to make the investigation and appeal, which your memorialists have now done ; but sickness, and the want of vouchers 39 and inuterial?* which his constitutional infirmities of body rendered him unable to look after, prevented him from carrying out his intentions. Mr. Jesse Deane died about five years ago, leaving your memorialists his only heirs and personal representatives : they have availed themselves of the first moment t!iey could, after collecting such accounts, letters, vouchers, &c. as, by diligent and unremitting search through private families and correspondents, and public oftices, have been found to be in existence, to make this appeal to the justice of their country. The Hon. Robert Morris, the great financier and patriot, whose genius and whose private credit and resources, were often the sole reliance of his countrymen, (and of whom it has been said in history, that his country was as much indebted for his exertions in the Cabinet and in the Trea- sury, as it was to the great Father of his Country in the Military,) in settling his accounts, and closing his official relations with the public treasury, made a long address to his countrymen, giving an account of his administration of their finances, and the state of the public accounts. In this exposition and address, Mr. Morris is pleased to notice the affairs of Mr. Deane ; and your memorialists cannot better close this appeal for justice to the Supreme Tribunal of the Nation, than by employing the language of that devoted patriot, as well as able, upright and intelligent statesman. Mr. Morris says : '' Of all our foreign debts, none remain, (those on particular loans^ bearing interest, and payable at a future peiiod, excepted) but the sum of eight hundred and forty- six thousand seven hundred and seventy livres, fourteen sols and five deniers, due to the Farmers General of France ; the sum of seventy-four thousand and eighty-seven dollars due, with interest, to Oliver Pollock, and the balances, which, on a final adjustment of accoujits, may appear to be due to Baron de Beaumarchais, Silas DeanCf and Messrs. De Neufville and Sons. At least none others now appear, and if any exist, they cannot be considerable. It is much to be lamented that these are not paid, The Farmers General have a claim not only to tlie justice, but to the gratitude of the United States ; for their conduct has been both generous and confidential. "The case of Oliver Pollock is attended with particular circum- stances of distress. On the affairs of M. De Beaumarchais, nothing indeed can be said, with precision, until they be liquidated ; but if any thing should appear to be due, the reputation of the country will be com- promised until it be discharged. And the same observation applies to the case of Messrs. De Neufville and Sons. »is to Mr. Deane, he stands in such peculiar circumstances, that it would be odious to say any thing in favor of his claims, if the citizens of America were governed by passion and caprice, instead of reason and reflection. But they know that what- ever may have been his services and sufferings, or whatever may be his follies and faults, neither can affect the present question. His claim of justice is not mended by his merits, nor curtailed by his crimes. Whether he is criminal or iimocent, must be decided on hereafter, by that unerring tribunal, from which there lies no appeal. But even admitting his guilt, it would be folly to justify it, by withholding his due. No treason either has operated, or can operate so great injury to America, as must follow from a loss of reputation. The payment of debts may, indeed, be ex- 40 pensive, but it is infinitely more expensive to witliljold the payment. The former is an expense of money, when money may be commanded to defray it; but the latter involves the destruction of that source from whence money can be derived, when all other sources fail. That source, abun- dant, nay almost inexhaustible, is public credit. The country in' which it may with greatest ease be established and preserved, is America." Your memorialists now commit themselves into the hands of your hon- orable bodies, the Representatives of the American people, and the guar- dians of their honour as well as of their treasury, and humbly pray that the justice to which Mr. Morris so forcibly and so eloquently declared Mr. Deane to^be entitled, and to which your^memorialists humbly believe they have demonstrated him to have been entitled, may without further delay be granted to your memorialists, his descendants and heirs at law. And, as in duty bound, they will ever pray. HORATIO ALDEN, Jor himself, and for his wife, PHILURA ALDEN, only daughter and only child of Jesse Deaue, the son and only child of ^'ilas Deane, deceased. 10th January, 1835. .1