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To John Jay from Silas Deane, 16 November 1780

From Silas Deane

Passy, Nov. 16th, 1780.

Dear Sir,

I received your favors of the 26th Ulto. & the 1st Inst. this Day. I had begun to doubt whether my Reflections on Our political Situation, had not been a little too free, & which with the Total want of any News of Consequence for a Month past, has caused my Silence; for although I find the Settlement of Accts. a much more tedious & perplexing Affair than I imagined, & which has called for my whole Time yet I should have stolen an hour for, what is so agreeable to me, conversing with you though but on Paper. I am rejoiced to find my first Letter1 came safe to your hands, & hope soon to be informed of the Success which the Application meets with. Nothing has occurred to change my Reflections on the Facts I sent you the 18th. of Septr. & I am now convinced that the Consequences which I then drew are not only just, but more extensive, than what I then imagined, and that all Our Prudence, and Attention, without some fortunate Events of War will hardly be sufficient; I confess that I have done wrong in touching on past Grievances which are in a great degree personal, & the more so since complaining of them to you in your Situation was rather indelicate, and ill timed, since my complaints lye chiefly against those who are at the Head of Our Public Affairs and in whose immediate Service you are, but in writing to you I consider’d the Friend only, this must be my excuse, and as I promise not to touch on this Subject in future you will indulge me a little in this— You say you do not find my Case parrallel with that of the Gentlemans I have compared mine with. That I was blamed not for omitting to settle finally my Accts. in France, but for not being in a Capacity when in America to shew what those Accts. were. I confess to you I know not how I could have shewn what the Accts. were without having first settled them, nor was I ever told in America of any other fault but that of not having actually settled them. But my Dear Sir the Case is different I did shew what those Accts. were as far as was possible without actual & minute settlement having within Six Weeks after my Arrival, laid before Congress an authenticated Acct. of all Monies received & paid out, signed by Our Banker, & a general account or explanation for what the monies had been expended. You were not then in Congress, & therefore it is probable that you might not be informed of this Fact— My Case is not parrallel with the other Gentlemens I acknowledge, for they took their own time to return yet one of them (Mr. Adams), though he had nothing to do in Paris but what was easy, simple, and unembarrassed, not only did not carry over any Accts., but declared ^the same^ in a letter to Congress. Mr. Lee has possibly carried over Accts., but he has never had them examined as directed by Congress, what his Reception will be, a short time will discover. You say, you dont know that those gentlemen were or will be chargeable with the like incapacity, but as it is a well known Fact that their Accts. never have been settled ^&^ that the ^whole^ Burthen of doing it is actually devolved on me, & that it is not so much my own Accts. as it is those of the Commissrs at large that I am now daily laboring in, I am perswaded there can be no doubt, as to their total Incapacity whether charged with it by Congress, or not.— Mr. Lee, & Mr. Adams received more Public Monies than I was ever charged with receiving. even Mr. W[illiam] Lee and Mr. Izard the latter of which never went one step out of Paris, or did any one thing, except to receive his Commission, each of them received more of the Public Monies than it can be pretended I ever received from the first, yet neither of them have ever been blamed for not Accounting.—but I have said enough on this Subject— You say it will still remain a Question whether my Measures were Prudent; and I thank you for sincerely telling me, you think some of them were not; this is to me a proof of your Friendship, and a Stile in which I think a real Friend will write to another. I confess, on reflection, I do not approve of all the Measures I took, nor do I think them all to have been prudent, but they were such as the Times dictated, and such as at the Time I judged the most prudent, under all ^the then present^ Circumstances tho viewed at this distance they may be unattended with these Circumstances, deemed less prudent than they really were,— I find ^however^ that most of them produced real benefit to America, & the worst Consequences of any of them, have fallen solely on myself. further allowing some, or all of my Measures to have been imprudent, still my complaint lyes against Congress for not informing me of what I had done wrong, that I might at least have had an Opportunity of vindicating my Conduct in the best manner in my power. Their refusal of this was an Act of injustice & Tyranny which Monarchs themselves are but seldom guilty of—with respect to the Duplicity of some of my pretended Friends in Congress, I had some suspicions of it, very early, and before I left America & since I have more than Suspicion, I have full proof of it, Letters sent from this side the Water with express Orders to be communicated to Me, if in Philadelphia, and to be made Use of in Congress for my Justification, were suppress’d. I know they were received, & I have procured Copies of them.—2 What is more, the Persons capable of this, and who appeared on all Occasions, publicly to support me, against the Lee Faction, since the displacing of them Men, have declared, they had no view of serving Me, or my Cause, but to make Use of both to destroy the Lee interest.3 Men who can Act such a part, & without blushing boast of it, must have adopted the reverse of your maxim Nil utile nisi quod honestum.4 The maxim is a good one, but much too old to be adopted by most of Our modern politicians in America. I have now nearly finished the Settlement of my Accts. & the Public Accounts of the Commissrs, the Result of which is a large ballance in my favor. will this establish my Reputation, and procure Justice for the Injuries I have sustained in my Character and Fortune? I do not flatter myself with any such hope. The Men to whom I am to apply, for this Justice, are the Men who have injured Me, and in doing it must condemn themselves. A Self denial or heroism not to be expected from them. but supposing them capable of it, will this recall the envenomed darts of Calumny, shot at me from behind their Shield? I grant that the bulk of the People mean well, but from a general suspicion that the greater part of Men in public employ are dishonest, a suspicion, at this time more prevalent with the Common People, in America, than in any other part of the World, and which, many in public employ themselves are ever propagating. You will find Fifty, I may say five hundred who receive with open Ears a calumny against a man in a Station of eminence, & who will propagate the same with as much industry as if their own Character, and Interest depended on its being spread, & believed, to a Single Individual who will take any pains to undeceive himself, or others.— This Circumstance is sufficient to deter almost any one from attempting to vindicate himself by publications, & to write down Calumny, which has more Heads & Tongues than a Thousand Hydra’s. I am fully sensible of the importance of the Subject to me, my Son, & even in some degree to my Friends, who wish to be able to vindicate my Reputation, and I have collected Materials & have begun to arrange them, for a full & ample History of all my transactions whilst in the public Service but I fear the Times will not bear the publication of it in America as yet, and will it serve Our Cause to have it published in Europe? I know not how it is with you, but in France the Character of Our public men & measures is much too low already, and our Intrigues and Cabals are looked on with Contempt even by Our Friends. further, I am afraid when I review what I have seen, & met with the last Four years to trust myself too suddenly on the subject. In short unless a Peace take place soon, or a change of Measures, publications will not be of any Service either to me, or America, & this reflection alone is enough to restrain me for the present.5 Mr. Williams has been abused with me for serving the Public, He has been represented in America as a peculator and Defaulter, to wipe off the Calumny he has had all his Accts. & Transactions audited, by the Auditor of Congress; they have been approved of, & mathematical Demonstration given that he was neither, but that he had served his Country faithfully, & for about 2 per Ct whilst the other Agents took five; his accompts, thus Audited and Certified with their Vouchers have been transmitted to Congress now more than Twelve months since, yet by the last Accts. they still lay on File The proofs of his Innocence & of his Services are suffered to Sleep there. Is not this a striking Instance, how little Attention is given by Congress to the doing of Justice to their servants?

Many in that Body know, I believe all do that I entered the public Service with a fair Character & an easy Fortune. All America know, that however imprudent some of my Measures may appear to have been, I rendered essential Services to my Country, yet Congress have refused to do any thing to rescue my Character when vilified by one of their Confidential Servants or ^to^ repair my Fortune spent in their Service. I ^can^ have nothing to expect from them untill Times and Circumstances alter, this Period I hope is not far distant, I wait for it, & in the mean Time will get ready to improve the favorable moment. Tho’ I apologized at first for entering on this Subject, I fear have again to ask your forgiveness & to repeat my promise that I will not willingly enter again on this Subject. Would to God we could transport Ourselves, not to Mrs. House’s (for Philada is at this time a disagreeable Place), but to some private interview, for a Week, the Time would be agreeably and I think usefully spent, for Ourselves, and for the Public good of America to whose Interests I shall be forever devoted, but that is at present a fruitless wish.— Count D’Estaing is daily expected. The English fleet are at Sea, the last Accts. left them off Ushant.— Rodney is gone to N America from the West Indies. no late Advices from America. I am glad you are like to procure Cloathing pray hasten it out, for it is greatly wanted, all that was engaged here, is still in Port and like to be so for some Time. I wish there were any Grounds to believe the Report from No. Carolina, of the Appreciation of Our Paper which you write Me, but I assure you there are none. I have Letters from Phila., in Septr. & prices Currt. by which I find that the Depreciation had been for Four months past more rapid than at any former Period; 110₤ was given for a Guinea, & the State Paper was following altho’ not so rapidly—it is not so easy a Matter to cure the Wound given in March last to public Faith and Credit as many imagine. You say that Sp wants miss, & leave Me to make the Comment. I need not this Information to settle my Opinion as to [Spain] weak proud jealous & obstinate they have engaged in a war in which they have much to loose and can gain [nothing]. I expect little or [nothing] from them but by show & parade to amuse the Eng during [the] war. They will give some weight in a negotiation but it will not be on our party.6 They want [Mississippi] &c have you not heard of a Toad, that prayed for Two Tails? precisely their Case. The Maxim Nil Utile nisi honestum has as little force in Am as in Eng, or in Congress where it has given place long since to another, wh is that the [end] justifies the act & that public necessity will justify every act that obliged Congress to establish paper, to make it a legal Tender, to force Orphans, Widows, & honest Creditors to receive it equal to silver & Gold, public Necessity led them to pledge their sacred Faith & honor for the Redemption of it, and Public Necessity is the plea for damning of it intirely & is to justify the ruining of the most innocent ^&^ helpless part of the Community, as well as of all who have Voluntarily put Faith in their Promises.— Are we the only people who have a right to use the plea? I subscribe to your Confession of Faith, but though men profess to believe, they are travelling on to a better World, they are generally willing to sell out their Interest in that to realize in this, & no Men carry this kind of Stockjobbing so high as Politicians, between whom & the Priests, who pretend to have the most Interest and Knowledge and interest in the future we stand a great chance to be bubbled out of both—France desires a peace as much & more [than] England—the unfortunate news from Rhode Island which is feared will have a great impression in [France] as the trifling Expedition made in Am has caused in Am— The French Fleet and Army are [shut up] in N Port and [14] ship of line in Addition to those at N York may totally destroy [them].7 This needs no comment. The best that can be hoped for is to escape by flight. The Events of this Campaign in Am compared with the promises with which it was opened will speak [a] Language which cannot be misunderstood,8 & the full force of it will be felt by the sufferers. The King’s speech in Parliamt the Address9 & the whole of the Nation is for war at least with France. Their Funds do not fail. The money for the next year is already secured. These are astonishing Facts but such they are and this Consequence is to be drawn from them: that if our friends do not act in a different Stile & with more Energy they will fail & for us we shall be [ruine]d.

These are Melancholy Reflections. I will leave them. H.L. [Laurens] is not considered of any Consequence by the Minister.10 All the Noise made about H.L. is to serve certain Purposes. His packet, &c are all in the hands of L. North. how could this happen? What must we think of his permitting his packet to be taken? One Moment was sufficient to prevent this. He told the Minr, on his being ordered into prison [that] it was ag the rights of nations to detain [him]. He possibly thought his Ignorant Packet &c equally sacred. Notwithstanding the Language of Eng, the Minr desire peace. The French Minr desire it still more. Am out of the question their affairs might be settled in one day. hence the ground for my Fears. France in settling the Acct of the war to this Time with Eng will be a sufferer & must be glad to get to the Point set out from. Sp is no better Move,11 and for us we have nothing to throw into the account agt the towns & states taken from us. The war then you will say must go on. I know not which I dread most a Continuance of the war or a negotiation. The first will fill our Continent with a foreign army and with that in the center of our ContT, can we be free? and are British mercenaries12 the only ones to be opposed? it is a dreadful alternative to be reduced to the choice of [tyrants] after having risqued everything to [conquer?]13 one. [20] to [Thousand] French force in Am are talked of. if it take place what will be the Situation of Am— You will suspect that I doubt France. The last years Operations & the present Conduct will justify me in it— I should distrust any one in such a Situation— Ambition is disposed to overlook all Bounds & Laws when Armed with Power—Secret Negotiations14 exist in France as well as in Sp. The indep of Am is become an old Story. The first occasion of the war is already out of sight. Our importance is next to follow. The only actual Object is if Eng or Fr & Sp shall in future give the law.—but I have tired myself, & you effectually,—my next shall be shorter one thing in its favor, I design, & hope it will be on a more Agreeable Subject— My complimts. wait on Mrs. Jay & the Col. & my best Wishes ever Attend you. I am most sincerely Dr. Sir your Freind & Huml Servt

S. Deane

Honle. Mr. Jay

LS, partly in code, largely decoded by JJ, with some additional decoding (in brackets) by the editors, NNC (EJ: 7784); LbkC, CtHi (EJ: 2889), printed in Deane Papers description begins The Deane Papers, 1774–1790 (5 vols.; New-York Historical Society, Collections, vols. 19–23; New York, 1887–91) description ends , 4: 252–60, with numerous variations, often due to errors in decoding. Encoded in the Jay-Deane code (EJ: 7590). See “John Jay’s Use of Codes and Ciphers” (editorial note) on p. 9. Only major variations in decoding are noted below.

1Deane to JJ, 23 Aug. 1780, Deane Papers description begins The Deane Papers, 1774–1790 (5 vols.; New-York Historical Society, Collections, vols. 19–23; New York, 1887–91) description ends , 4: 195–97.

2Possibly Vergennes to the President of Congress, 25 Mar. 1778; Vergennes to Deane, 26 Mar. 1778; and BF to the President of Congress, 31 Mar. 1778, all of which Deane included in the appendices to the pamphlets discussed in note 5, below. The texts of these letters are also printed in Deane Papers description begins The Deane Papers, 1774–1790 (5 vols.; New-York Historical Society, Collections, vols. 19–23; New York, 1887–91) description ends , 2: 434–36, 445.

3In a letter to JJ of 8 Apr. 1781, below, Deane denied that he included Gouverneur Morris among those whose support he considered insincere, but he did not name those he did suspect. For the members of Congress, largely southern, who voted in support of Deane during the Deane-Lee affair, see Henderson, Party Politics description begins H. James Henderson, Party Politics in the Continental Congress (New York, 1974) description ends , 203–4.

4“Nothing is useful unless it is honest.”

5Deane prepared his defense in 1783, after the signing of the peace, and forwarded it with his son, Jesse, to America with a request to his brother Barnabus that it be published. It appeared in Hartford in 1784 as a pamphlet entitled An Address to the Free and Independent Citizens of the United States of North America. By Silas Deane, Esquire (Early Am. Imprints description begins Early American Imprints, series 1: Evans, 1639–1800 [microform; digital collection], edited by American Antiquarian Society, published by Readex, a division of News-bank, Inc. Accessed: Columbia University, New York, N.Y., 2006–8, http://infoweb.newsbank.com/ description ends , no. 18438). An expanded London edition appeared in 1784 and was reprinted at New London, Connecticut, the same year (Early Am. Imprints, description begins Early American Imprints, series 1: Evans, 1639–1800 [microform; digital collection], edited by American Antiquarian Society, published by Readex, a division of News-bank, Inc. Accessed: Columbia University, New York, N.Y., 2006–8, http://infoweb.newsbank.com/ description ends no. 18439). See An Address to the United States of North American. To which is added, A Letter to the Hon. Robert Morris, Esq., with Notes and Observations (London: J. Debrett, 1784), printed in Deane Papers description begins The Deane Papers, 1774–1790 (5 vols.; New-York Historical Society, Collections, vols. 19–23; New York, 1887–91) description ends , 5: 235–79.

6The Jay-Deane cipher does not have an entry for “part,” so the number for “party” is used when “part” seems to be the word intended.

7In Deane Papers description begins The Deane Papers, 1774–1790 (5 vols.; New-York Historical Society, Collections, vols. 19–23; New York, 1887–91) description ends , 4: 258, the previous passage is rendered as follows: “The present unfortunate reports, it is feared, will have a great impression in France, as their trifling display has caused in America. The French are successful in nothing, and in addition to this, may at last totally desert us.”

8In Deane Papers description begins The Deane Papers, 1774–1790 (5 vols.; New-York Historical Society, Collections, vols. 19–23; New York, 1887–91) description ends , 4: 258, this passage is given as follows: “The disasters of this campaign in America, compared to the promises with which it was opened, will show a langour which cannot be misunderstood.”

9This word is rendered as “Army” in Deane Papers description begins The Deane Papers, 1774–1790 (5 vols.; New-York Historical Society, Collections, vols. 19–23; New York, 1887–91) description ends , 4: 258.

10The word is consistently rendered as “Ministry” in the Deane Papers description begins The Deane Papers, 1774–1790 (5 vols.; New-York Historical Society, Collections, vols. 19–23; New York, 1887–91) description ends text but as “minister” in JJ’s decoding; “minister,” but not “ministry,” is on the Jay-Deane code word list, so the same code is used for both.

11“Off “ in the Deane Papers description begins The Deane Papers, 1774–1790 (5 vols.; New-York Historical Society, Collections, vols. 19–23; New York, 1887–91) description ends version; probably a miscoding on Deane’s part. The following passage is then given as “and for them we have nothing to throw into the account against the trials and sufferings taken from them.” Deane Papers description begins The Deane Papers, 1774–1790 (5 vols.; New-York Historical Society, Collections, vols. 19–23; New York, 1887–91) description ends , 4: 259.

12Rendered as “bloody (Indian) mercenaries” in Deane Papers description begins The Deane Papers, 1774–1790 (5 vols.; New-York Historical Society, Collections, vols. 19–23; New York, 1887–91) description ends , 4: 259.

13Rendered as “conquer” in Deane Papers description begins The Deane Papers, 1774–1790 (5 vols.; New-York Historical Society, Collections, vols. 19–23; New York, 1887–91) description ends , 4: 259. However, as in the LbkC, this word is not decoded in the ALS, and the code used, “76,” appears to be an error, since that number is assigned to “Barbadoes” on the code list.

14Given as “Such intrigues” in Deane Papers description begins The Deane Papers, 1774–1790 (5 vols.; New-York Historical Society, Collections, vols. 19–23; New York, 1887–91) description ends , 4: 259.

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