The Diplomatic Correspondence of the American Revolution Volume I Part 40

We know not the expense, that will attend these regulations and proceedings in the courts of this kingdom; but as the fees of office in America are very moderate, and our people have been accustomed to such only, we submit to your Excellency whether it will not be necessary to state and establish the fees here, and make the establishments so far public, that Americans may be able to inform themselves.

As we are not well instructed in the laws of this kingdom, or in the course of the courts of Admiralty here, it is very possible that some inconveniencies may arise in the practice upon these regulations, which we do not at present foresee; if they should, we shall beg leave to represent them to your Excellency, and to request his Majesty to make the necessary alterations.

We submit these observations to your Excellency's superior wisdom, and have the honor to be, with sentiments of the most perfect respect, your Excellency's most obedient and most humble servants,

ARTHUR LEE, JOHN ADAMS.

_P. S._ Dr Franklin concurs with us in these sentiments, but as he is absent, we are obliged to send the letter without his subscribing.

JOHN PAUL JONES TO THE COMMISSIONERS.

Brest, August 15th, 1778.

Gentlemen,

I have now been five days in this place since my arrival from Pa.s.sy, during which time I have neither seen or heard from Lieutenant Simpson. But Mr Hill, who was last winter at Pa.s.sy, and sailed with me from Nantes, informs me truly, that it is generally reported in the Ranger, and of course through the French fleet and on sh.o.r.e, that I am turned out of the service, and that you, gentlemen, gave Mr Simpson my place with a Captain's commission; that my letter of the 16th of July to you was involuntary on my part, and in obedience only to your orders to avert dreadful consequences to myself. These, gentlemen, are not idle, ill-grounded conjectures, but melancholy facts; therefore, I beseech you, I conjure you, I demand of you, to afford me redress--redress by a Court Martial, to form which we have now a sufficient number of officers in France, with the a.s.sistance of Captain Hinman, exclusive of myself. The Providence and the Boston are expected here very soon from Nantes, and I am certain that they neither can nor will depart again, before my friend, Captain Hinman, can come down here, and it is his unquestioned right to succeed me in the command of the Ranger.

I have faithfully and personally supported and fought for the dignified cause of human nature, ever since the American banner first waved on the Delaware, and on the ocean. This I did when that man did not call himself a Republican, but left the Continent, and served its enemies; and this I did, when that man appeared dastardly backward, and did not support me as he ought.

I conclude, by requesting you to call before you, and examine for your own satisfaction, Mr Edward Meyers, who is now at the house of the Swedish Amba.s.sador, and who, having been with me as a volunteer, can and will, I am persuaded, represent to you the conduct of the officers and men towards me, both before I left Brest, and afterwards in the Irish channel, as well as my conduct towards them.

I have the honor to be, with sentiments of due respect and esteem, your very obliged and very humble servant,

JOHN PAUL JONES.

M. DE SARTINE TO THE COMMISSIONERS.

Translation.

Versailles, 16th August, 1778.

Gentlemen,

I take the earliest opportunity to answer the observations addressed to me in the letter, which you did me the honor to write me the 13th instant, on the project of a regulation for the prizes and prisoners of the respective United States. I conceive that I have fulfilled the object by digesting anew the 2d and 14th articles, of which I annex another text, with copies of the different laws that have been lately published respecting prizes. Moreover, I will at all times receive with pleasure your representations of the inconveniences which may attend, in your opinion, the execution of the regulation, and you may be a.s.sured that his Majesty will be always disposed to grant the inhabitants of the United States every facility, compatible with the interests of his finances and the commerce of his subjects.

I have the honor to be, &c.

DE SARTINE.

_Regulations for Prizes and Prisoners._

By the King.

His Majesty, desirous of making known his intentions, as well with respect to the prizes, which his subjects may carry into the ports of the United States of America, as also respecting admitting into his own ports the prizes made by American privateers, and calculating on the perfect equality which const.i.tutes the basis of his engagements with the said United States, he has ordained and does ordain as follows.

ARTICLE I. French privateers shall be permitted to conduct and cause to be conducted, the prizes made from his Majesty's enemies, into the ports of the United States of America, to repair them so as to proceed again to sea, or to sell them definitively.

ARTICLE II. In the case of simple anchoring, the conductors of prizes shall be bound to make before the Judges of the place, a summary declaration containing the circ.u.mstances of the capture and motives of anchoring, and to request the said Judges to go on board the captured prizes and seal up such places as may admit of it, and make out a short description of what cannot be contained under the said seals, the state of which shall be verified in France by the officers of the admiralty, on the copy which the officer conducting the prize shall be obliged to report.

ARTICLE II., _amended_. In case of simple anchoring, the Captains conducting the prizes shall be bound to make before the Judges of the place, their secretaries, or other persons authorised by them, a summary declaration containing the circ.u.mstances of the capture and motives of anchoring, and to request the said Judges, their secretaries, and other persons authorised by them, to go on board the captured vessels, and seal up such places as may admit of it, and make out a short description of what cannot be contained under such seals, the state of which shall be verified in France by the officers of the admiralty, on the copy of which the officer conducting his prize shall be bound to report.

ARTICLE III. His Majesty, nevertheless, permits captains conducting prizes to sell in the ports of the United States, either perishable merchandise, or such other as may supply the wants of the vessels during the time of their stay, the said conductors of prizes shall be bound to ask permission from the Judges of the place for this purpose in the ordinary form, and proceed to the sale by the public officers appointed for that purpose, and to report copies, as well of the proceedings as of the verbal process of the sale.

ARTICLE IV. The prize-masters, who shall be authorised by the owners or captains of the capturing privateer to sell the said prizes in the ports of the United States, shall be obliged to make before the Judges a detailed report, which shall afterwards be verified in the hearing of at least two of their crew, and to request the said Judges to go directly on board of the prizes to make out a verbal process, seal up the hatches and cabin, take an inventory of what cannot be sealed, and appoint sequestrators. Which Judges shall proceed afterwards to interrogate the captain, officers, and other persons of the crew of the captured vessel to the number of two or three, or more if it is judged necessary, and shall translate the useful papers on board if there are interpreters, and annex compared copies of the said useful papers to the minutes of the proceedings, to have recourse to them in case of necessity, as is prescribed for prizes conducted into the ports of the Kingdom by the 42d article of the declaration of the 24th of June last.

ARTICLE V. As soon as the copies of the said proceedings, and the original papers and translations shall have been addressed to the Secretary-General of the Marine at Paris, for process in judgment by the Council of Prizes, the captain or his agent may require the provisional sale of the merchandise and effects subject to perishing, and even the definitive sale of the prizes and all the merchandise of their cargoes, whenever they shall evidently appear the enemy's property, from the papers on board and the interrogatories of the prisoners, in the manner that shall be ordered by the Judges of the places, and as is prescribed for prizes conducted into the ports of the kingdom by the 45th article of the said declaration of the 24th of June last.

ARTICLE VI. The discharge, inventory, sale, and delivery of the said prizes and merchandise shall be made agreeable to the formalities practised in the ports of the United States. The captains, conductors of prizes, shall be bound to report the particular liquidations or summary statements of the proceeds of the said prizes and expenses incurred on their account, that the said particular liquidations or summary statements may be deposited by the owner or the secretary of the Admiralty, at the place of outfit, agreeable to the 57th article of the declaration of the 24th of June last, to which secretary the judgments and prize papers shall be sent, in order to be registered.

ARTICLE VII. All the prisoners that shall be found on board either of the French privateers, that shall come to anchor in the ports of the United States, or on board the prizes which shall be brought there, shall be immediately delivered to the governor or magistrate of the place, to be secured in the name of the King, and maintained at his expense, as shall likewise be done in the French ports, with respect to the prisoners made by the American privateers. The captains who carry back their prizes, to be sold in the ports of the kingdom, shall nevertheless be bound to carry with them two or three princ.i.p.al prisoners, in order to be interrogated by the officers of the Admiralty who shall make the inquiry.

ARTICLE VIII. The privateers of the United States may conduct, or cause to be conducted, their prizes into the ports belonging to his Majesty, whether for the purpose of anchoring and remaining there, until they are in a condition to proceed again to sea, or for the purpose of selling them definitively.

ARTICLE IX. In case of simple anchoring, the prize-masters shall be bound to make, within twentyfour hours after arrival, their declaration before the officers of the Admiralty, who shall go on board of the vessels, in order to seal up such places as may admit of it, and to make a brief description of what cannot be comprehended under the said seals, without allowing any thing to be landed from on board of the said prizes, under the penalties contained in his Majesty's arrets and regulations.

ARTICLE X. His Majesty nevertheless permits the said American privateers to sell in his ports, either the perishable merchandise, or such other, in order to defray the expenses of the vessels during the time of their being in port, charging them to request permission from the officers of the Admiralty, in presence of whom the said sale shall be made.

ARTICLE XI. When the subjects of the United States would wish to sell their prizes in the ports of the kingdom, the captain who shall have made the prize, or the officer intrusted with bringing it in, shall be bound to make before the officers of the Admiralty a detailed report, which shall be verified in the hearing of at least two of their crew; the officers of the Admiralty shall go immediately on board of the prize to make out a verbal process, seal the hatches and cabins, make an inventory of what cannot be sealed, and appoint keepers; they shall afterwards proceed to interrogate the captains, officers, and other people belonging to the crew of the prize; shall cause the useful papers on board to be translated, of which they shall annex compared copies to the minutes of the proceedings; and the original and translated pieces, as also the copies of the said proceedings, shall be sent to the deputies of the United States at Paris.

ARTICLE XII. The captains, conductors of prizes, or their agents, may request the officers of the Admiralty to proceed to the provisional sale of such merchandise and effects as are subject to perish, and even to the definitive sale of the prizes and of all their merchandise on board, when they shall appear to have belonged to the enemy, from the papers on board and the information of the prisoners, in the same manner as is prescribed for the prizes taken by French privateers, by the 45th article of the declaration of the 24th of June last.

ARTICLE XIII. The discharge, inventory, sale, and delivery of the said prizes shall be made in presence of the officers of the Admiralty, whose fees, either for discharging, inventory, or sale, shall be reduced one half, agreeable to the terms of the 52d article of the declaration of the 24th of June last. The said officers shall not proceed to a particular liquidation of the proceeds of the prizes until they shall be required by the parties concerned, and in every case where the delivery of several copies is required, no more shall be paid to the register for the second and third, than the price of the stamped paper and the expense of writing.

ARTICLE XIV. It is his Majesty's pleasure, that the arret of his Council, by which, agreeable to the second article of the 24th of June last, it shall be determined what kind and quality of merchandise, proceeding from prizes, shall be consumed in the kingdom, as also what duties they shall be subject to, shall likewise extend to the merchandise proceeding from prizes taken by American privateers, who are charged to fulfil the formalities prescribed by the arrets and regulations.

ARTICLE XIV., _amended_. It is his Majesty's pleasure that the arret of his Council, by which, agreeable to the second article of the 24th of June last, it shall be determined what kind and quality of merchandise, proceeding from prizes, shall be consumed in the kingdom, as also what duties they shall be subject to, shall likewise extend to the merchandise proceeding from prizes taken by American privateers, who are charged to fulfil the formalities prescribed by the arrets and regulations, especially with respect to the merchandise which they would export, whether to the ports of the United States, or to all other foreign countries, and that they shall be permitted for this purpose to keep them during a year, in the magazines of deposit, free from all duty.

ARTICLE XV. The American privateers may deliver in the ports, to the commissioners of the ports and a.r.s.enals of the marine, the prisoners they may have on board; his Majesty will give orders that the said prisoners shall be conducted, guarded, and maintained in the name and at the expense of the United States.

TO M. DE SARTINE.

Pa.s.sy, August 18th, 1778.

Sir,

We embrace this first opportunity to answer the letter, which your Excellency did us the honor to address to us, the 16th of this month.

We have examined with some attention the alterations, which your Excellency has made in the 2d and 14th articles of the projected regulations, and are of opinion, that they will remove the difficulties we apprehended from the first draught.

We thank your Excellency for the obliging expressions of your readiness to receive any representations, which we may hereafter have occasion to make, of inconveniencies arising in the execution of these regulations; which, however, we hope will not occur. We submit the whole to your Excellency's deliberation and decision, and are, with sentiments of the sincerest respect, your Excellency's most obedient humble servants,