Hortalez et C ie," whose business it would be to " sell " to the Colonies the military supplies which France could not, without incurring the charge of a violation of the rules of neutrality. It is held to be a legitimate transaction for a mercantile house to furnish to a belligerent military supplies which have been purchased of a neutral government in the ordinary course of trade. For instance, after our late Civil War the government of the United States disposed at public sale of a large amount of surplus arms, a portion of which went into the hands of the French during the Franco-German war of 1870, but the sale was not made by the United States with that intent. The firm of Hortalez & Co. established itself on a prominent street in Paris in a large residence formerly owned by the Netherlands government as its embassy. The head of the firm was reported to be a Spanish banker, but he never was seen, and Beaumarchais answered all confidential inquiries. One million livres was furnished the house by the French government, and on its indorsement one million more was supplied by the Spanish government, which out of hatred to the British was inclined to aid the Colonies. With this capital the firm was enabled to inaugurate an active business. Deane, who sought to obtain arms and equip- ment for twenty-five thousand men from the French government, was officially refused, but he was semi- officially referred to Beaumarchais, who with the capital acquired procured the arms and equipment from the government arsenals, and delivered them to Deane, who was to repay them by Congressional shipment of cargoes of tobacco and other American products.
During the existence of this firm, from 1776 to 1783, it is said that its disbursements amounted to over 21,000,000 livres, and a considerable part of this amount was used in the purchase and shipment of military stores for the American army. Beaumarchais, however, had much difficulty in obtaining a settlement of his accounts from the Continental Congress, mainly because of the uncertainty as to what portion of his capital was intended by the French government as a gratuity to the Americans. Arthur Lee, who, as we shall see, was appointed by Congress one of its diplomatic representatives at Paris, conceived a bitter enmity to Beaumarchais and Deane, and sent such reports to Congress as cast doubts upon the correctness of the accounts as rendered. Beaumarchais sought in vain a settlement up to his death, in 1799. During every administration and almost every Congress for many years this claim was the subject of investigation and discussion, in which figured prominently what was called the "lost million" a part of the capital of Hortalez & Co., and it was finally settled by the treaty of 1831, it being agreed that out of the sum paid by the United States under that convention 800,000 francs should go to the heirs of the claimant. Beaumarchais was a product of the peculiar diplomacy of the period, which sought to accomplish its purposes through duplicity and indirection. His fictitious firm was such a thin disguise that it was soon penetrated by the active British ambassador, with the aid of his corps of spies, but it answered the purpose as a temporary expedient of the French government until it suited the ends of that
THE REVOLUTIONARY PERIOD. 17
government to enter into an open alliance with the Colonies. At this day the fame of this fantastic per- sonage is divided between his disguised services to the cause of America and his authorship of those charming plays Figaro " and " The Barber of Seville."
Another important personage of the French nation, who tendered his services to the Americans a little later, inspired by the most exalted sentiments, dis- tinguished by gallantry on the field, and by a lifelong devotion to the cause of liberty, was the Marquis de Lafayette, who stands at the head of the roll of hon- ored foreigners who have contributed to the greatness of our country. His services lie almost wholly beyond the scope of diplomacy, but it will be of interest to read an extract from the letter of the American envoys in Paris, Messrs. Franklin and Deane, to Congress, an- nouncing his departure for America :
" The Marquis de Lafayette, a young nobleman of great family connections here and great wealth, is gone to America in a ship of his own, accompanied by some officers of distinction, in order to serve in our armies. He is exceedingly beloved, and everybody's good wishes attend him; we cannot but hope he may meet with such a reception as will make the country and his ex- pedition agreeable to him. Those who censure it as imprudent in him do nevertheless applaud his spirit, and we are satisfied that the civilities and respect that may be shown him will be serviceable to our affairs here, as pleasing not only to his powerful relations and to the court, but to the whole French nation. He has left a beautiful young wife, enceinte, and for her sake
18 .
particularly we hope that his bravery and ardent desire to distinguish himself will be a little restrained by the general's prudence, so as not to permit his being haz- arded much, but on some important occasion." l
Deane had no direct intercourse with the French court for some time after his arrival in Paris, but his reports to Congress show that he was not neglectful of the high court influences. In his letter of December 3, 1776, he writes : " The queen is fond of parade, and, I believe, wishes for war, and is our friend. She loves riding on horseback. Could you send me a fine Narragansett horse or two ? The money would be well laid out. Eittenhouse's orrery, or Arnold's collection of insects, a phaeton of American make, and a pair of bay horses, a few barrels of apples, walnuts, cran- berries, butternuts, etc., would be great curiosities." 2
I find no record of the action of Congress on this recommendation of its representative, and our diplo- matic history is silent as to whether the Naragansett pony, the American phaeton, the bays, the insects, the apples, the cranberries, or the butternuts ever reached their august destination, but the incident suggests that Deane might have enjoyed the acquaintance of the donor of the diamond necklace, so notorious in French society of that day.
The not very creditable relations established with the French government through Beaumarchais were not long to be maintained. It became apparent to Congress that France was so fully inclined to the Kevo- lution that she must ere long openly espouse its cause.
i 2 Dip. Cor. Rev. (Wharton) 324. 2 Ib. 214.
THE REVOLUTIONARY PERIOD. 19
John Adams had, soon after the outbreak, urged that steps be taken to effect a treaty with that nation, and was persistent in advocating the policy. " Some gentle- men," he wrote, " doubted of the sentiments of France, thought she would frown upon us as rebels, and be afraid to countenance the example. I replied to these gentlemen, that I apprehended they had not attended to the relative situation of France and England; that it was the unquestionable interest of France that the British continental colonies should be independent; that Britain, by the conquest of Canada and her naval triumphs during the last war, and by her vast posses- sions, … was exalted to an height and preeminence that France must envy and could not endure. But there was more than pride and jealousy in the case. Her rank, her consideration in Europe, and even her safety and independence, were at stake." (2 Works of John Adams, 504.)
Congress finally yielded to the arguments of Adams, and in June, 1776, a committee consisting of Dickinson, Franklin, John Adams, Benjamin Harrison, and Robert Morris, was appointed to prepare a form of treaty to be proposed to foreign powers, and in September, 1776, the committee submitted its report in the shape of an elaborate draft of a treaty, mainly the work of John Adams, consisting of thirty articles. This draft is an early indication of the advanced views of international law entertained by American statesmen. It sets forth principles which had not up to that time been incorporated in any treaty, but which have since been recognized by all nations. By practical articles it defined neutrality more perfectly and correctly than had been done before, and assigned to commerce guarantees not theretofore enjoyed. It was almost exclusively a commercial treaty, and asked no military aid or support. It was drawn up in consonance with the views of Adams, from which I have just quoted. In the report he said: " Our negotiations with France ought to be conducted with great caution, and with all the foresight we could possibly obtain; we ought not to enter into any alliance which should entangle us in any future wars in Europe; … it never could be our interest to unite with France in the destruction of England. … Therefore, in preparing treaties to be proposed to foreign powers, and in the instructions to be given
