The Diplomatic Correspondence of the American Revolution
Chapter 475 : By virtue of the 17th Article of the capitulation signed by your Excellency, the capit

By virtue of the 17th Article of the capitulation signed by your Excellency, the capitulants of this Island were authorised to s.h.i.+p the produce of their estates, in neutral s.h.i.+ps, to neutral ports in Europe, and to receive from them the necessary supplies of provisions and plantation stores.

Annexed to the oaths of the respective s.h.i.+ppers of produce on neutral vessels, his Excellency the Marquis du Chilleau, his Majesty's Governor in this Island, granted to the master of each vessel his certificate, that such s.h.i.+ppers were capitulants, and the produce laden in such vessel was the growth of their estates, and therein recommended those vessels and their cargoes to the protection of all his Majesty's subjects, those of his Most Catholic Majesty and to the Americans in alliance with France. These certificates were always respected till now, and in consequence such neutral vessels, although detained and examined at different times, arrived at their destined ports.

To the infinite surprise of your memorialists, they have received advice from Philadelphia, that the Dutch s.h.i.+p, the Resolution, Captain Waterburg, was retaken from an English privateer, belonging to Carolina, by the Ariel, an American privateer, belonging to Messrs Robert Morris, Samuel Inglis, and William Bingham of Philadelphia, carried into that city, and was there condemned and sold with her cargo, without respecting either the capitulation, or the certificate and recommendation of his Excellency the Marquis du Chilleau. This s.h.i.+p was loaded at Dominica and regularly cleared there for Amsterdam within the time limited by his Britannic Majesty's Proclamation in favor of Dutch vessels, loading in the conquered Island, the commander of the Carolina privateer, unacquainted with the Proclamation, had detained her as a Dutch s.h.i.+p. That this s.h.i.+p would certainly have been released in Carolina cannot even be doubted, as she had before been carried into the Island of Nevis on the same voyage, and released with a compensation after her papers were examined.

Your memorialists have received further advice, that another American privateer has taken and carried into Boston, the Ostend brig Eeirsten, Captain Thomson, bound from that port to this Island, and laden with provisions and plantation stores for the estates of your memorialists, where we fear she will have the same fate.

If the Americans should persist and be authorised to take and confiscate neutral vessels, loaded with the produce of capitulants'

estates under the authority of the French government, and those who in return are loaded with the provisions essentially necessary to them, what is the trade of this Island? This must put an effectual end to it; what resources are then left to us?

The inhabitants of this Island are capitulants, and they dare flatter themselves, that under their present government they have the merit of having constantly manifested the most uniform propriety of conduct; the Americans should not only have respected, but protected their property. Bound to do so by their treaty of friends.h.i.+p with France, by the capitulation, and by the certificate and recommendation of the French Governor.

Your memorialists do therefore most earnestly entreat, that your Excellency will be pleased to take this Memorial into consideration.

Council Chamber, in Roseau, the 23d day of November, 1781.[5]

ABRAHAM SHAW, _President in Council_.

House of a.s.sembly, Roseau, this 23d day of November, 1781.

J. MORSOU, _Speaker of the House of a.s.sembly_.

FOOTNOTES:

[5] Extract from an authentic copy of the capitulation, granted by the Marquis de Bouille to the Island of Dominica.

"ARTICLE 7th. That they (the inhabitants of Dominica) shall pay no other duty to his Most Christian Majesty, than they have paid to his Britannic Majesty, without any charge or imposts. The expenses attending the administration of justice, the Minister's stipends and other customary charges, shall be paid out of the revenue of his Most Christian Majesty in the same manner as under the government of his Britannic Majesty.

"Granted, and that the inhabitants of Dominica may freely export their produce to all parts, on paying into the custom house the duties, which the inhabitants of the French Islands pay in the Islands or in Europe; but the expenses for administration of justice shall be paid by the Colony.

"ARTICLE 17th. The merchants of the Island may receive vessels to their address from all parts of the world, without their being confiscated, and they may sell their merchandise, and carry on their trade; and the port shall be entirely free, for them for that purpose, paying the customary duties paid in the French Islands.

"Granted, until the peace, English vessels excepted."

ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.

Office of Foreign Affairs. February 20th, 1782.

Sir,

I was yesterday honored with your note, covering the papers, which relate to the s.h.i.+p Resolution's cargo, and the brigantine Eeirsten's.

With respect to the first, I believe there is little doubt, that that part of the cargo, which is condemned would be acquitted upon a rehearing, and proving, that it was the property of capitulants. The case of the brigantine is much more intricate, and carries strong marks with it of a fraudulent design to protect British property, contrary to the spirit of the capitulation. One of the Judges who condemned this vessel a.s.sures me, that there was strong proof, that the cargo belonged to British owners, even after she parted from Ostend, nor was there any evidence that the bottom was neutral. The capitulation does not certainly tend to cover any other property of the capitulants, but that which should be s.h.i.+pped from the Island, or to the Island from a neutral port, otherwise its trade with Britain would stand upon the same footing as it did before the capture.

However, I have not had such a view of facts, as will enable me to give an opinion upon the subject, and if I had it would not fall within my department to determine upon it.

The line in which justice will most speedily be done, will be for the parties who conceive themselves aggrieved to pet.i.tion Congress for a rehearing. If, Sir, you shall approve it, I will lay before them your note, with the papers annexed, and my opinion thereon. I doubt not, that they will readily adopt such measures as are most consistent with justice, and the respect they will feel for your recommendation.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, March 8th, 1782.

Sir,

I have the honor of informing your Excellency, that I am about to take a journey to Virginia, and shall probably be absent some weeks. M. de Marbois will remain here during this interval, as _Charge d'Affaires_ of his Majesty. Be pleased to honor him with your confidence, in case that circ.u.mstances shall render it necessary for him to make any communication to Congress.

If your Excellency has any commissions, with which to intrust me, for Virginia, I entreat you to be a.s.sured of my punctuality in performing them.

I am, Sir, respectfully, &c.

LUZERNE.

TO ROBERT R. LIVINGSTON.

Translation.

Philadelphia, April 17th, 1782.

Sir,

I have repeatedly applied to the Department of War, to have a settlement made of the accounts of M. de la Radiere, an officer of Engineers, and General Baron de Kalb, both of whom died in the service of the United States.

I have been answered, in the absence of General Lincoln, that the demands, which I made by order of my Court, for the benefit of their heirs, were just, but as yet no money has been paid to me, and I therefore entreat you to be pleased to procure it as soon as possible.

I have received several letters from the family of Baron de Kalb, and I wish to be able to send them a satisfactory answer. General Lincoln having returned, I hope that these two affairs will suffer no delay.

The Count de Barras also demanded, in the month of July of last year, the payment of the sums due to the volunteers, who have served on board the Ariel, Captain Paul Jones; and on leaving the Chesapeake he has renewed his demands, in order that this money may be sent to France, where it will be paid to those to whom it belongs. This debt amounts to four thousand one hundred and ninetyseven livres tournois, not including the sum of one thousand one hundred and fiftyone livres, which has been paid to Joseph Caron, Francois Marais de Tulipe, Joseph Powaruce, and Paterne Jean, who were on board the Hermione. Congress, by a resolution, the date of which I cannot recollect, last year ordered the whole of this sum to be paid. I entreat you, Sir, to be pleased to persuade the Board of Admiralty to bring this affair to a close, and to transmit this sum to his Majesty's Consul, that he may send it to those to whom it is due.

I have the honor to be, &c.

LUZERNE.

TO GEORGE WAs.h.i.+NGTON.

Translation.