with the States, and as neither their interest nor their inclination can lead them to give cause of umbrage to their first and best friend and ally, they hope he will have perfect confidence in their sincerity when they declare that obstacles to their complying with his requests will always give them as much concern and regret as opportunities of manifesting their respect, their regard, their gratitude, and their attachment to him, will always give them pleasure and satisfaction. All which is submitted to the wisdom of Congress.

An express just arrived from Philadelphia obliges me to set off for that place without delay. I could have wished to have taken leave of you before I set off, and to have received some information respecting the affairs I have had the honor to communicate to you, but circumstances prevent me. I propose to return to this place so soon as the health of Mrs. Marbois will permit me; but as I presume I shall be detained in Philadelphia some weeks, I must beg you to transmit to me the determinations of Congress on the different affairs on which I have presented memorials, or which I have had the honor to communicate to you verbally.

Herewith you will find a memorial of the Sieur Rousille, who has served on board of a frigate of the United States. I beg you to put it in my power to acquaint him with the decision of Congress thereon.

I have also the honor to address to you the copy of a letter from the Count de Vergennes, respecting a debt of the United States paid by the royal treasury to Messrs. Sabatier and Despres, together with the vouchers of that debt. I request, sir, you would communicate to me whatever measures Congress may take for the liquidation of this debt.

I owe it to the character with which I am honored to communicate to you a gazette in which you will find an article which concerns me, and which I leave to you to describe. I beg you, sir, to compare it with the anonymous letter I received, and which I had the honor to communicate, for you to consider that an indispensable duty calls me to Philadelphia, and to acquaint me with the opinion of Congress respecting such publications, and the circumstance itself. You know, sir, that it is to that assembly only I can address myself in order to enjoy throughout the whole extent of the United States the inviolability due to my character.

I am, with a respectful attachment, &c.,

DE MARBOIS.

MEMORIAL OF PIERRE ROUSILLE.

Translation.

The Sieur PIERRE ROUSILLE, native and inhabitant of Bordeaux, has the honor to represent, that he embarked the 22d May, 1778, as volunteer, in the United States frigate the Boston, commanded by Captain Tucker, then going on a cruise against the enemy. On the 19th of June following they made a prize of an English ship coming from Spain, and the memorialist was chosen as one of those destined to conduct the prize to Boston; but, on the way thither, they had the misfortune to meet the Porcupine, English frigate, who retook the prize, and conducted them prisoners to Portsmouth, where they arrived the 8th July, and your memorialist remained near two years in prison in England, without any news of the frigate in which he embarked.

At his return to France, your memorialist learnt that the frigate had been fortunate enough to take several prizes, which were sold at Nantz, and the proceeds paid into the hands of Captain Tucker, (as is proved by a letter of the 19th of September, 1780, signed by Messrs. Schweighauser and Dobree, who had been commissioned to sell them.)

Your memorialist had, without doubt, a right to claim his part of the prizes, though taken in his absence, and while he was detained. in the prisons of England, and especially as there was an express

agreement and promise of Captain Tucker, made when your memorialist went on board the prize; he having then promised your memorialist and the others, that whether they got safe to Boston or whether they had the misfortune to be taken, they should always be included in the division of any prizes the frigate might make, this promise ought therefore to be carried into effect; and the more so, having regard to a captivity of two years which your memorialist suffered, and to the zeal and affection for the service of the United States, thus manifested by a Frenchman, and which Captain Tucker and the Admiralty of the United States must both acknowledge.

Your memorialist has not neglected to get intelligence of Captain Tucker. He wrote to him as well as to the Admiralty of the United States; but though your memorialist's letter came to hand, he never could receive the least answer to them; and this silence of both of them shews a disposition which your justice, my lord, will not approve. Thus circumstanced, your memorialist implores the aid of your powerful recommendation to the Admiralty of the United States, that payment may be made to your memorialist of his part of the prizes, as well as of the pay due to him as volunteer on board the said frigate Boston. This demand, just in itself, cannot any longer meet with difficulty, when it is considered, that having represented the matter to the Marshal De Castries, our Minister of Marine, he thought it so just, that by his letter of 20th August last he directs me to address myself to Mr. Franklin, which I did not fail to do; and Mr. Franklin, in his letter of the 12th September, directs me to address myself in America, and gives the greatest confidence in the justice of the Admiralty of the United States.

But whilst taking all these steps, I received, the 7th of September last, a letter dated Boston, 21st July, 1784, signed De L'Etombe, containing, word for word, as follows:

"I have received, sir, the letters you did me the honor to write to 'me in the years 1782, 1783, and 1784. I have spoken to the 'Admiralty of this city, of your antiquated claims. I had before 'mentioned them, and had advised you of the death of Captain Tucker and the settlement of his accounts. I am now assured that 'your claims are no better than they were, and General Warner, to 'whom I mentioned them, informs me there is no taking up again 'accounts which have been liquidated and settled; and that you 'must take the fault on yourself for not having applied in time.

"I am sorry I cannot give you a more favorable answer; but on 'any other occasion I shall always be happy to render you service, and do assure you that I am, sir,

"Your very humble servant, &c.,

("Signed) DE L'ETOMBE.”

The perusal of this letter will shew the contradiction it contains. It appears so to all who have read it, for Mr. De L'Etombe calls my demands out of date, that is, not recoverable, forfeited by not applying in time; but how could he make use of such language, after acknowledging the receipt of my letters of 1782, 1783, and 1784; doubtless these letters had no other object but these claims, there must therefore be an error or injustice in attributing to me a neglect I have not been guilty of. I need no other proof than the contradiction strongly marked in this letter.

It is, however, true that after I was released from captivity in England I took every method in my power to claim my due. The roll of the crew of the frigate when she was paid off will shew I was included in it, and the Admiralty of the United States should have secured the pay, &c., due me, as is practised in France, for it could not be lost, either myself or my heirs would always have a right to it, and it cannot be supposed that the United States can regard with indifference the vicious and unjust decision contained in the letter abovementioned, and deprive me of my pay and prize-money gained in their service, and which was the cause of a two years' captivity, with the loss of all I had.

It is of no consequence that Captain Tucker is dead, and that his accounts are settled, since it was not in my power to object to that settlement, being a prisoner in England; and, besides, being a Frenchman, and in Europe, I could not know of the settlement, nor could I transport myself suddenly to the place, so that, all things considered, nothing can prevent the Admiralty of the United States from paying what appears due to me at the paying off the Boston frigate, the rolls of which they must have preserved. It is from their justice alone I expect it, as it is to them only I can look for the failure of Captain Tucker in paying me my due.

P. ROUSILLE. My address is at Mr. Cazemeau, Broker, Rue Causse rouge, at Bordeaux.

FROM THE COUNT DE VERGENNES TO THE CHARGÉ D'AFFAIRES OF FRANCE TO THE UNITED STATES.

Versailles, October 12, 1784.

Sir,

I annex the copy of a letter from the Comptroller-General, with the account which accompanies it, relative to a sum paid from the Royal Treasury to reimburse Messrs. Despres & Sabatier for articles furnished by them to the United States. You will please to take the necessary steps to engage Congress to rid themselves of this debt, and to pay the amount into the Royal Treasury agreeably to the demand of the Comptroller-General, founded on the vouchers he has furnished.

I am, &c.,

DE VERGENNES.

FROM M. DE CALONNE TO THE COUNT DE VERGENNES.

In conformity to the letter you did me the honor to write to me the 8th February, I caused payment to be made from the Royal Treasury to Messrs. Despres & Sabatier, of the sum of 134,065 livres 7s. 6d., due to them for articles furnished to the United States of America. You were pleased to assure me that you would charge yourself to demand the repayment of this advance to Congress whenever I should furnish you with the vouchers.

I have, therefore, the honor to address to you the account of payments made to the United States on the ten millions borrowed from Holland. You will see, sir, that the Royal Treasury has paid 134,065 livres 7s. 6d. above the ten millions, and that this excess is carried to the second expedition of articles furnished by Messrs. Despres & Sabatier, whose certified accounts I annex. The original vouchers of the articles furnished are deposited in my office, and M. De Veimeranges has delivered duplicates of them to Mr. Franklin.

I shall be much obliged by your endeavors to procure the return of this advance to the Royal Treasury.