We have the honor to be, with most entire consideration, your Excellency"s most obedient servant,
B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.
M. DE SARTINE, TO THE COMMISSIONERS.
Translation.
Versailles, October 7th, 1778.
Gentlemen,
I have had the honor, to receive your letter of the 26th ult., in which you support the pretensions of Mr Izard, Minister of the United States for Tuscany, who claims the effects captured in the English ship, the Nile, by the Cesar privateer from Ma.r.s.eilles. You have made a mistake in citing the 16th article of the treaty between his Majesty and the United States; the 14th article relates particularly to the subject. It contains, however, only the usual provisions of commercial treaties, founded on the law of nations, and I cannot see that it applies rigorously to the present case. Mr Izard is not named in the account of the goods of which he demands the restoration. There are no papers, which prove that those articles, shipped by an Englishman, addressed to Senior Martinelli for the Abbe Niccoli, are not on account of English subjects. If the government had the decision of the question without the interference of the Court, certainly, Gentlemen, your a.s.sertion and that of Mr Izard would be of very great weight. But his Majesty has granted to the captors the whole of the property captured; the Board of Prizes has adjudged the ship Nile a lawful capture, by their decree of the 20th ult.
Placed between the Prize Court, the captors, and the claimant, the government cannot undertake to decide on this subject; it could pursue that course only in case the laws were not applicable to the point in question; but here the laws are known, they decide on claims for goods shipped before the commencement of hostilities; and in having recourse to the tribunals, Mr Izard may expect from them all the justice and favor, which the citizens of the United States will always experience in France.
I have the honor, &c.
DE SARTINE.
THE AMBa.s.sADOR OF NAPLES TO THE COMMISSIONERS.
Translation.
Paris, 8th October, 1778.
Gentlemen,
I am persuaded that you already know that the king of the Two Sicilies, my master, has ordered the ports of all his dominions to be kept open to the flag of the United States of America, for which reason, to avoid every possible mistake at this time, when the seas are covered with the privateers of different nations, and likewise with pirates, I request you to inform me of the colors of the flag of the United States of America, and likewise of the form of the clearances, the better to know the legality of the papers which it is customary to present in ports, to gain free admission.
I have the honor to be, &c.
THE AMBa.s.sADOR OF NAPLES.
TO THE AMBa.s.sADOR OF NAPLES.
Pa.s.sy, 9th October, 1778.
Sir,
We are this moment honored with your Excellency"s letter of the 8th of this month, and we thank your Excellency for the information, that his Majesty the king of the Two Sicilies, has ordered the ports of his dominions to be open to the flag of the United States of America. We should be glad to have a copy of his Majesty"s edict for that purpose, in order to communicate it to Congress, who we are confident will be much pleased with this mark of his Majesty"s benevolence.
It is with pleasure that we acquaint your Excellency, that the flag of the United States of America consists of thirteen stripes, alternately red, white, and blue; a small square in the upper angle, next the flag-staff, is a blue field with thirteen white stars, denoting a new constellation.
Some of the States have vessels of war distinct from those of the United States; for example, the vessels of war of the State of Ma.s.sachusetts Bay have sometimes a pine tree, and those of South Carolina, a rattlesnake, in the middle of the thirteen stripes.
Merchant ships have often only thirteen stripes, but the flag of the United States ordained by Congress, is the thirteen stripes and thirteen stars above described.
The commissions of ships of war belonging to the United States, as well as those of privateers, are all signed by the President of Congress, and countersigned by the Secretary. Each State may have a different method of clearing vessels, outward bound, and a different form in the papers given, therefore we are not able to give your Excellency certain information respecting all of them. The Ma.s.sachusetts Bay has only a naval officer in each port, who subscribes a register, a clearance, and a pa.s.s for the Castle in Boston harbor.
We have the honor to be, &c.
B. FRANKLIN, JOHN ADAMS.
TO M. DE SARTINE.
Pa.s.sy, 12th October, 1778.
Sir,
The letter your Excellency did us the honor to write to us the 7th of this month we duly received.
In our letter of the 26th of last month, respecting the goods of Mr Izard, on board the Nile, we cited the 16th article of the treaty of commerce, in support of Mr Izard"s claim, which your Excellency thinks an error, and that it is the 14th article which most nearly relates to his case. We cited the article as it stood in the original treaty, where it is the 16th. Your Excellency cites it as it stands in the treaty now agreed to be amended, leaving out two articles, the 11th and 12th. But your Excellency and we mean all the same article, which appears to us to apply to Mr Izard"s case, as clearly, strictly and fully, as it could have been contrived to do, if his case had been in contemplation at the time when the treaty was made, and specially meant to be provided for. The words of the article are, "that such goods as were put on board any ship belonging to an enemy before the war, or after the declaration of the same, without the knowledge of it, shall no ways be liable to confiscation, but shall well and truly be restored, without delay, to the proprietor, demanding the same.
Ignorance of the declaration of war, not to be pleaded more than two months after the declaration."
Now by the bill of lading, which we had the honor to enclose to your Excellency, it appears, that the goods were shipped in the month of April last; at a time when certainly two months had not elapsed from and after the declaration of war. But if other evidence of this fact, viz. the time when these goods were shipped, is necessary, Mr Izard can certainly obtain it from England, although it would be attended with a good deal of trouble and expense.
As to the question, whether the goods are Mr Izard"s property or not, Mr Izard, in a letter to us dated the 10th of this month, a.s.sures us, that his name is in many of the books, and that one of the boxes contains a great number of his papers with his name upon them. That the testimony of his merchant in London, who shipped the things, shall be procured, if necessary, and likewise that of the merchant in Leghorn, and the Abbe Niccoli, to whom they are addressed.
We are only desirous of what is right, and as we hold ourselves bound to do all in our power to a.s.sist our fellow citizens in maintaining their rights, and of omitting no advantage that they are ent.i.tled to by the treaty, and as the treaty is so express that goods so circ.u.mstanced shall be restored without delay, and upon demand; and as Mr Izard apprehends he ought not to be put to the trouble, delay, and expense of a lawsuit on this occasion, we have thought it our duty to write again to your Excellency on the subject.
We are sensible, that his Majesty has granted the whole of the property, which shall be taken from the enemy and shall be lawful prize, to the captors, and the encouragement of adventurers in this way is of so much importance to our country, as well as to this, that we wish them to enjoy all the profits and advantages of their prizes.
But the captors in this case must be sensible, that the goods belonged to a friend, not an enemy, and therefore not included in his Majesty"s grant.
We beg leave to lay another subject before your Excellency. There are, we are informed, on board the Fox and the Lively, as there are in almost every ship in Admiral Keppel"s and Lord Howe"s fleets, numbers of American seamen, who abhor the service into which, by one of the most extravagant flights of tyranny and cruelty that ever was heard of among men, they have been forced and compelled to fight against their country and their friends. These seamen we should be glad to deliver from the prisons in this kingdom, and from a misery and captivity infinitely more detestable on board of British men of war. We, therefore, beg leave to propose to your Excellency, that an inquiry be made, and a list taken of the natives of America among the crews of the Fox and Lively, and the men delivered to us. This would be attended with many happy consequences. It would relieve many of our countrymen from present confinement, and the most dismal prospects, and would furnish our vessels with a number of excellent sailors. It may be proper to inform your Excellency, that before this war began, one third part of the seamen, belonging to the then whole British empire, belonged to America. If we were able to command the services of all the sailors, it would be of great importance to the common cause; it would take away one third of the whole; those employed in the American service would be able to fight another third remaining to Great Britain, and consequently would leave to France no more than one third of the seamen, belonging to the British empire before the war, for France to contend with. But alas, this is not the case. Various causes, too many to be here explained, have concurred to prevent this.
But we are very desirous of alluring back to their country as many as possible of those we have lost, and the plan we have now proposed to your Excellency appears to be one probable means of doing it. We shall suggest others hereafter, as opportunity occurs.
_October 15th, 1778._ Since the foregoing was written, we have received letters from Robert Harrison, John Lemon, Edward Driver, and John Nicols, prisoners in Denant Castle, representing that they were taken by English frigates, in American privateers, forced into the service on board the Fox, and now taken by the French, and praying that we would intercede for their liberty, that they may return, if possible, to their country.
We have the honor to be, &c.
B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.
FROM JAMES LOVELL TO THE COMMISSIONERS.
Philadelphia, October 12th, 1778.
Gentlemen,
Congress having foreign affairs now under consideration, I shall not write to you on that subject, more especially as it is quite uncertain how the present papers will be conveyed. Nor shall I pretend to unravel to you the designs of the enemy. They are very inscrutable.