mand of Captain Wickes, the Reprisal, to which the Lexington, of fourteen guns, and the Dolphin, of eighteen guns, had been joined, was preparing to start on a short cruise into the Irish Channel. But they were, so to speak, men-of-war and were to sail in company. Here was a craft of something under a hundred tons about to sail alone. Two months to a day after the date of the commission that he held, Conyngham put boldly out into the chops of the English Channel. In the cabin locker was the Rattlesnake flag-thirteen alternate red and white stripes, with the snake across them, and beneath the warning legend, "Don't Tread on Me." He had it made for him by a sailmaker on his vessel, and he was eager to see it at his masthead. Within six hours of port he had two exceedingly narrow escapes from capture, but he managed to elude his pursuers, and on the morning of the 4th (Cooper and most naval historians have the date wrong, giving it as the 7th), when but a few leagues from the coast of Holland, he fell in with a small vessel flying the English flag. It had been his intention to hold up, if possible, and capture or turn back one of the transports then engaged in carrying Hessian troops to America, but, failing in this, it was his hope to run across one of the King's cutters, or small packets in the royal service. On the small vessel came, all unsuspecting, and by clever maneuvering Conyngham laid the Surprise alongside and boarded her, without a warning shout or shot. The captain of the English vessel and his passengers were at breakfast in the cabin when the first mate suddenly called down from the deck that a strange craft had run afoul of them and made fast with a grappling-iron. Before any one could stir, Captain Conyngham himself walked down to the cabin and informed the master of his prize that he was a prisoner. Upon finding that his prize was the Prince of Orange, the Harwich packet, carrying the mails for the north of Europe, Captain Conyngham considered it best to make for port with all possible haste, so, placing a prize crew on board the packet, he headed both vessels back for Dunkirk. The next day he picked up another little craft, a brig named the Joseph, and, with both prizes under his lee, he sailed into the harbor and came to anchor. sailles? Certainly it appears, at first glance, that if Conyngham wished to prove his right to make captures, he should have shown it to the representative of the English Government. He either knew better than that, or was acting under very good advice, for he was not yet in the hands of the British Government, although detained at the expressed wish of Lord Stormont. There were powerful friends of America at the French Court, and, to tell the truth, the Court itself was rather deeply involved in the game of pulling the wool over the English Minister's eyes. True enough, if the Comte de Vergennes could have kept up appearances by the sacrifice of Conyngham and his crew as mere privateersmen, he would not have cared a snap of his finger, for France, at all times, was his only thought; but to give up an officer of the United Colonies Navy, and holding a commission as such, was more than he dared to do, considering the fact that he was deep in the game with Beaumarchais and on friendly terms with good Dr. Franklin, Why was the commission sent to Ver- who was on friendly terms with everybody. The British Ambassador was up in arms again. "Hortalez & Co." must have been greatly put out by the earnestness of their agent at sea. Duplicity of the deepest dye must be resorted to to save the day! So the Comte de Vergennes wrote to Lord Stormont expressing the greatest indignation and regret. Forthwith Conyngham and his crew were taken from the Surprise, and found themselves hurried to the gates of a French prison. The prizes were turned over to the English Government and the cutter was confiscated. "On this occasion," writes Cooper, "the commission of Captain Conyngham was taken from him and sent to Versailles, and it seems never to have been returned." THE TAKING OF THE HARWICH PACKET From a Dutch print of 1777, showing the rattlesnake flag. Owned by Captain John S. Barnes. Perhaps he did not know that Franklin had possession of those blank commissions. Perhaps he did not think that the good Doctor was so well prepared. There is sufficient proof, however, to show that he endeavored his best to dodge receiving the commission when it was sent to Versailles, and this may have been in order to have a salve for his diplomatic conscience, for he was all the time promising Lord Stormont that the prisoners should be turned over to the British representatives, and probably assuring his Lordship also that he did not care whether they were hanged, drawn, or quartered. But the old adage of "the power behind the throne" is a good one, and in this case the power was no less than the French Queen, with whom Franklin was on the friendliest terms-if Dame Rumor of the time speaks correctly. At all events, the commission reached the fair hands of Marie Antoinette, and through her reached those of King Louis, and through him, of course, it was easy to get at the Prime Minister. Print taken from the original displayed in an English coffee-house in Dunkirk, 1777. Owned by Captain John S. Barnes. I might say all this "supposedly," for Franklin was too much of a gallant to drag in a lady's name directly, and in all his correspondence afterwards he has clearly avoided bringing the question to a head; but in a letter written at this very time to the British Government by one of its spies, Dr. Bancroft, F.R.G.S.-a man who took money from both parties, for he was in the American employ also-we find these words: "Lord Stormont has the ear of Comte de Vergennes, but Franklin has the Queen on his side, and she will do what he says." At all events, just before the vessels arrived that were to take Conyngham and his companions to England to stand trial (and the noose was swinging for him), orders were brought post haste from Paris, and he and his whole crew were released and found themselves again free men. Was the doughty Captain discouraged? Not a bit of it! There is a little anecdote told of him during his confinement in the prison at Dunkirk. His confinement there was not made a hardship; he was allowed the liberty of the jail yard and inclosure, and one day he was there taking exercise by bounding a rubber ball back and forth against the high brick sides of the building, when a red-faced man approached him, and without ceremony spoke. "I am Captain Cuthbertson, of his Majesty's sloop-of-war Alert," he said; "your name is Conyngham." The Captain stopped in his game, and acknowledged that to be the fact, and added that he was the Captain of the late American cruiser, the Surprise. "Which has been turned over to his Majesty's Government with the other vessels that you piratically took off the coast of Holland," replied the officer. "Indeed!" answered Conyngham; "that must be gratifying to his Majesty." And then he went on and invited the Captain to take off his coat and have a game with him, suggesting that they play for a wager of their shoebuckles or their wigs. "You've played for a larger stake than that and lost," said the Englishman in reply. "How can you, knowing that your life is in jeopardy, indulge in such pastimes?" "If my life was in jeopardy, I am sure it would be so in a good cause. I ask for no favors, except for a little more elbow-room, for you're standing just where I've been playing." The officer controlled his anger with difficulty, and then all at once blurted out the object of his visit. He had come to suggest that it might be possible for Conyngham to receive a pardon if he would swear allegiance to the King, and he even hinted that a billet might be found for him in the royal navy. Conyngham's reply showed well his spirit. "You can tell those who sent you," he said, "that his Majesty might offer me a position of an Admiral of the blue, and I would tell him that I would rather spend my days in the hold of a prison-ship than accept it. As you will not play with me, I shall have to ask you to stand aside again. Some day we may meet when the game will be for larger stakes and there will be harder missiles flying." With that he wished his guest goodmorning. Now, when he found himself free again, his first thought was to get once more into active service. There was a fine vessel of a larger tonnage than the Surprise lying at Dunkirk, and for sale. The very first thing that Conyngham did was to seek out Hodge and Allan. The former made a flying trip to Paris, had an interview with Franklin and Félix Grand, the banker for Hortalez & Co., and posted back almost immediately to Dunkirk. It Let us turn to a letter published in the London "Times" of about this date. is written by one James Clements, and sent from Dunkirk. "I saw Conyngham yesterday," it runs. "He had engaged a crew of desperate characters to man a vessel of 130 tons. She has now Frenchmen on board to deceive our Minister here. A fine, fast-sailing vessel, handsomely painted blue and yellow, is now at Dunkirk, having powder, small arms, and ammunition put on board of her. Conyngham proved the cannon himself, and told the bystanders he would play the d-1 with the British trade at Havre. It is supposed when the vessel is ready the Frenchmen will yield command to Conyngham and his crew. The vessel is to mount twenty carriage guns and to have a complement of sixty men. She is the fastest sailer now known-no vessel can catch her once out on the ocean. I send you timely notice, that you may be enabled to take active measures to stay this daring character, who fears not man or government, but sets all at defiance. He had the impudence to say, if he wanted provisions or repairs he would put into an Irish harbor and obtain them. It is vain here to say Conyngham is a pirate. They will tell you he is one brave American; he is a bold Boston.' You cannot be too soon on the alert to stop the cruise of this daring pirate." In Cooper's history we find the following in reference to Conyngham's release: "The Commissioners had the capture of some of the transports with Hessian troops on board in view, and they were no sooner notified of the seizure of the Surprise than Mr. Hodge, an agent who was of great service to the cause, was directed to procure another cutter. One was accordingly purchased at Dunkirk, and was fitted, with all despatch, for a cruiser. Means were found to liberate Captain Conyngham and his people, and this second vessel, which was called the Revenge, sailed from Dunkirk on the 18th of July, or about the time that Captain Wickes returned from his cruise with the other vessels. A new commission had been obtained for Captain Conyngham, previously to putting to sea, which bore date May 2d, 1777. As this second commission was dated anterior to the seizure of the old one, there is no question that it was also one of those in blank, which had been confided to the Commissioners to fill at their discretion." It was Mr. Carmichael, Secretary to the Commissioners at Paris, who gave Conyngham his final orders for the Revenge on the morning of July 15, in Dunkirk; and in Conyngham's narrative the gallant Captain states that he also gave him "some verbal instructions which were impossible to write." He was, probably, again warned to put to sea at once. There is no doubt that at this time there inal sailing orders are in possession of the author.) They are dated July 15, 1777. To Capt. Cunningham. As with much difficulty the Commissioners of the United States of North America now from Dunkerque, and as it has been on express at Paris, have obtained liberty for you to sail condition that you should not cruise against the Commerce of England, I beg and instruct you in the name and by the orders of the Cominvolve your security or occasion umbrage missioners, that you do nothing which may to the Ministry of France-notwithstanding which, if necessity obliges you to obtain provisions of which your stock is not abundant, on account of the abrupt manner in which you are obliged to leave the Port, or if attacked first by our enemies, the circumstances of the Rare French print showing Britannia upbraiding Neptune, and pointing out Conyngham with the flag and crowing cock, while the English fleet are in full flight, Victory deserting them. From the collection of Captain John S. Barnes. was not a little friction among the American Commissioners themselves-Franklin and Lee and Silas Deane. Owing to the fact that so much of the correspondence had to be in ambiguous terms and so many of the meetings and arrangements with the French Ministry entirely sub rosa, the positions that they consequently occupied in relation to one another varied at different times, but Conyngham looked to the fountain head. His first orders had been received from Dr. Franklin; and now let us look at the sailing orders transmitted by Mr. Carmichael on behalf of the Commissioners. Surely they must cause a smile, and there is a gleam in them of Franklin's peculiar humor. (The orig case will extenuate and plead in favor of your conduct, either in making prizes for your own preservation, or in making reprisal for damages sustained. Nothing of this sort happening, you are to proceed directly to America, delivering as soon as possible the despatches intrusted to your care, and taking your further orders from your employers there. Wishing you success and prosperity, I am, &c. WM. CARMICHAEL. The departure of the Revenge was no doubt a clandestine one, Conyngham, with part of his crew and armament, being placed on board when free of the harbor. What was to be expected from the humorous sailing orders printed above any one might guess. What the verbal orders were it is easy to surmise. Captain Gus |