The Diplomatic Correspondence of the American Revolution Volume I Part 48

The printers know as much as I do about them; therefore I send a few of the last prints of Dunlap, which, with the Boston papers, must decide you in opinion.

Your affectionate friend, &c.

JAMES LOVELL.

TO RALPH IZARD.

Pa.s.sy, October 13th, 1778.

Sir,

We have the honor of enclosing to you a copy of M. de Sartine's answer to our application in support of your demand of your baggage, taken on board the Nile. We have, agreeably to your last letter, written again to M. de Sartine requesting him to stop the sale of the things, till you can make your objections to their being lawful prize.

We have the honor to be, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

TO M. DE SARTINE.

Pa.s.sy, October 13th, 1778.

Sir,

We had the honor of receiving your Excellency's letter of the 7th instant, to which we shall take the liberty of answering fully by another opportunity. As you mention that the prize was condemned on the 20th, Mr Izard is apprehensive, that the goods in question may be sold before the ordinary course of law can prevent it. He therefore desires us to request your Excellency to prevent that if possible. And we accordingly beg the favor of your Excellency to do so. We hope there is no impropriety in this; and that if there should be, you will impute it to our want of information on the manner of such proceedings here.

We have the honor to be, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

TO THE AMERICANS TAKEN ON BOARD THE ENGLISH FRIGATES.

Pa.s.sy, October 15th, 1778.

Gentlemen,

We have received a letter from Robert Harrison of the 7th of October, and another from John Lemon, Edward Driver, and John Nicols of the 12th, all prisoners in Denant Castle, all professing to be Americans, who have first been compelled into the service of their enemies, and then taken prisoners by the French.

You are not known to us, but your account of yourselves, considering the general conduct of the English of late, is not improbable. We cannot but feel a concern for all prisoners in such a situation, of whom, to the lasting dishonor of the British government and nation, there are too many on board almost every man of war in their service.

We have written to his Excellency the Minister of the Marine of this kingdom upon the subject, and sincerely hope that something may be done for your relief, and that of all other prisoners in your situation.

But great care must be taken that neither we, nor more especially the government of this kingdom, be imposed upon by attempts to set at liberty English, Irish, Scotch, or other sailors, disaffected to the American cause, or unprincipled in it. We, therefore, desire you to send us a list and a short account of all the sailors, prisoners with you, who were born in America, or have been in her service, and are willing to subscribe the declaration, and take the oath of allegiance to the United States of America, and to live and die by her cause. We have the honor to be, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

TO M. DUMAS.

Pa.s.sy, October 16th, 1778.

Sir,

We have received yours of the 2d instant, with the declaration signed by M. Van Berckel, and his explanatory letter to you; which gave us much pleasure, as they show the good disposition of that respectable body, the Burgomasters of Amsterdam, towards the United States of America, and their willingness, as far as may depend on them, to promote between the republic of the United Low Countries in Europe, and the said States, "A treaty of perpetual amity, containing reciprocal advantages with respect to commerce between the subjects of the two nations." As that body must be better acquainted than we, with the method of doing public business in their country, and appear to be of the opinion, that some previous steps can be taken by them, which may facilitate and expedite so good a work, when circ.u.mstances shall permit its coming under the consideration of their High Mightinesses, we rely on their judgment, and hereby request they would take those steps, as explained in M. Van Berckel's letter.

And they may be a.s.sured, that such a treaty _as is described_ would, at this time, meet with no obstacles on the part of the United States of America, who have great esteem and respect for your nation; and that nothing will be wanting on our part to accomplish the end proposed. We would only remark, that the mentioning it in the declaration as a thing necessary to precede the conclusion of such a treaty, "_that the American Independence should be acknowledged by the English_," is not understood by us, who conceive there is no more occasion for such an acknowledgment before a treaty with Holland, than there was before our treaty with France. And we apprehend, that if that acknowledgment were really necessary, _or waited for_, England _might_ endeavor to make an advantage of it in the future treaty of pacification, to obtain for it some privileges in commerce, perhaps, exclusive of Holland. We wish, therefore, that idea to be laid aside, and that no further mention may be made to us of England in this business.

We are, Sir, your most obedient humble servants,

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

M. DE SARTINE TO THE COMMISSIONERS.

Translation.

Marly, October 19th, 1778.

Gentlemen,

I have received the two letters, with which you have honored me on the subject of the claims of Mr Izard to goods captured in the Nile. I observed to you, in my letter of the 17th inst. that the government could only interfere when the laws were insufficient; and that its interposition would be misplaced, when they were plain and precise.

You must feel all the justice of this principle better than any person whatever, and I do not doubt that cases may occur in which you may yourselves appeal to it.

The capture of the Nile, and of her cargo, has been declared good. To order a particular rest.i.tution, and deprive the captors of property, which they have acquired provisionally at least, would be an interference of the government with the laws, and would introduce a dangerous precedent in the proceedings established by his Majesty relative to prizes. The more firmly you are convinced that the claims of Mr Izard are conformable to the treaty, the more ready you should be to believe, that they will be favorably received, and the expenses of a suit are inconsiderable. It is true, that they might have been avoided, if Mr Izard's property had been shown before the first sentence, because then it would only have been necessary to prove the property, which seems to me indisputable; but in the present state of things I am sorry that it is impossible for him to avoid the necessary forms, to which his Majesty has subjected his allies, as well as his own subjects.

I have the honor to be, &c.

DE SARTINE.

TO RALPH IZARD.

Pa.s.sy, October 22d, 1778.

Sir,

We have just now the honor of a letter from M. de Sartine, dated the 19th, which we suppose is his Excellency's ultimatum concerning your effects taken in the Nile, and we therefore take the earliest opportunity to enclose you a copy of it, that you may be able to take your measures in consequence of it, in which we suppose there is no time to be lost.

We have the honor to be, with great respect, Sir, yours, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.