The Diplomatic Correspondence of the American Revolution
Chapter 53 : I have received your letter of the 2d instant. I know that you direct your agents, in d

I have received your letter of the 2d instant. I know that you direct your agents, in different ports of the kingdom, to supply American prisoners escaped or returning from England with whatever may be necessary on their arrival; but you appear not to have given these orders in the ports of Normandy, and I am informed, that some prisoners, who need a.s.sistance, have appeared in those ports. It seems to me necessary, that you should take such measures as you may judge proper on this subject. I will transmit to you an account of the expenses, which have been incurred up to the last of December.

I have given orders in all the ports for the reception of English prisoners, brought in by citizens of the United States, for their detention in the prisons destined for that purpose, and for their usual supply of rations; a particular account of this expenditure will be kept. You may, therefore, direct your agents in all the ports to deliver such prisoners, on their arrival, to the Commissaries-General, and I have the honor to be, &c.

DE SARTINE.

TO WILLIAM LEE, AT FRANKFORT.

Pa.s.sy, January 13th, 1779.

Sir,

The letter which you did us the honor to write us on the 16th of December we have received. As we have heard nothing further of the Congress in Germany, which you inform us was talked of, we presume that no such measure will take place.

However, whether there be a Congress or not, we cannot comply with the terms of the gentleman you mention, nor advise him to take any steps in the business.

We have also the honor of your letter of the 9th of December, informing us of your draft upon us for twentyfour thousand livres, at one month's date, payable to Mr Grand. The bill of exchange itself has also been presented to us and accepted.

We have the honor to be, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

TO JOHN LLOYD, AND OTHERS.

Pa.s.sy, January 26th, 1779.

Gentlemen,

We had yesterday the honor of your letter of the 21st of this month.

You desire to know what port, or ports, is or are made free, pursuant to the treaty? We believe that none has as yet been determined on; at present all the ports of France are open to American vessels of all denominations, and we are at present rather doubtful whether it would be politic in us to apply to have any distinction made. If the appointment of free ports would relieve us from the payment of duties, import or export, we should apply immediately. But as we apprehend this advantage would not be the consequence, the limits of the free ports would be prescribed, and the same duties must be paid upon removing goods, within or without those limits, as are now paid upon the imports and exports. Goods, however, might be brought into such free ports from abroad, and then landed and stand for a time, and then exported without paying duties; but whether this would be any great advantage to our trade, you are better judges than we. We shall be glad of your advice upon this head, and if you think of any advantages of considerable moment, that would arise, we shall be always ready to apply for such an appointment.

We are sorry it is not in our power to give you any acceptable information respecting the 8th article of the treaty, relating to the Barbary corsairs. All we can say is, that we have applied to the Ministry upon this head some months ago, and received satisfactory expressions of the disposition of this government to do every thing, which is stipulated in that article of the treaty. But some things remain to be determined by Congress, to whom we have written upon the subject, and we must necessarily wait their instructions.

There are two inquiries to be made, viz. which of all the nations, who now trade with France, is the most favored, and what duties are paid by that nation? These duties, and these only, we suppose we are to pay, and as soon as circ.u.mstances will permit, (two of us having been for a fortnight very ill, and one of us continuing so) we shall apply to the Ministry for an eclairciss.e.m.e.nt upon this head, which we will endeavor to communicate to you as soon as we shall obtain it.

We have received an answer to our last application for a convoy, from their Excellencies Count de Vergennes and M. de Sartine; but the answers convinced us, that M. de Sartine was under some misinformation, or misunderstanding relative to the business, which obliged us to write again. As soon as we shall be honored with an answer, we will communicate the result of it to you.

Meantime we have the honor to be, with great respect, Gentlemen, your most obedient humble servants,

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

TO COUNT DE VERGENNES.

Pa.s.sy, February 9th, 1779.

Sir,

It is now six months since Captain M'Neil, of the Mifflin privateer from America, has been embarra.s.sed with a process on account of a French s.h.i.+p, which he retook from the English, after she had been three days in their possession. The laws of France are clear with regard to the validity of this prize, and our Captains have orders, contained in their commissions, to submit their prizes to the laws of the country into which they carry them, and they ought undoubtedly to regulate their own conduct by those laws, without any regard to the laws of America relating to this matter, which may be different in every one of the United States, and, therefore, too uncertain to be made the rule for judgement in the courts here. But the persons reclaiming this prize insist, among other reasons, that their cause should be judged by the laws of Captain M'Neil's country, because more favorable for them.

We believe that no Americans in France will ever think of claiming here any advantage by virtue of the laws of their own country, and it seems not just to put those laws in force against them in France, when it may be done to their detriment. The vexation of these kinds of processes, and the slowness and length of these expensive proceedings before a decision can be obtained, discourage our armed vessels, and have tended to impress them with an opinion that their operations against the English cannot be carried on to advantage in the European seas. We, therefore, request your Excellency to join your solicitations to those we have had the honor to make to M. de Sartine, that these processes may be more speedily determined, and that the Americans in France may be treated, in those respects, on the same footing with the subjects of his Majesty; of which we shall be glad to give information to the Congress, that so some popular prejudices occasioned by these affairs may be effectually removed, and the American armed s.h.i.+ps be encouraged to return and cruise again upon the coasts of England.

We have the honor to be, with the greatest consideration and respect, &c. &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

TO M. SCHWEIGHAUSER.

Pa.s.sy, February 10th, 1779.

Sir,

Captain Jones has represented to us his desire and intention of returning to the Countess of Selkirk some plate, which his people took from her house.

We apprehend that Congress would not disapprove of this measure, as far as it should depend upon them, and we therefore consent on the part of the United States, that this plate should be returned. This consent is to be understood to extend no further than to the share, to which the United States may be supposed to have a claim. The claim of the officers and men, Captain Jones must be responsible to them for.

This plate in the whole is represented to be worth about one hundred guineas.

We are, Sir, &c.

B. FRANKLIN, JOHN ADAMS.

TO JOHN PAUL JONES.

Pa.s.sy, February 10th, 1779.

Sir,

As your separation from the Ranger, and the appointment of Lieutenant Simpson to the command of her, will be liable to misinterpretations and misrepresentations by persons, who are unacquainted with the real cause of those facts, we hereby certify, that your leaving the Ranger was by our consent, at the express request of his Excellency Monsieur de Sartine, who informed us, that he had occasion to employ you in some public service; that Lieutenant Simpson was appointed to the command of the Ranger with your consent, after having consented to release him from an arrest, under which you had put him.

That your leaving the Ranger, in our opinion, ought not, and cannot, be any injury to your rank or character in the service of the United States; and that your commission in their navy continues in full force.

We have the honor to be, &c.

B. FRANKLIN, JOHN ADAMS.

END OF THE FIRST VOLUME.