seems,
that it is not true, as some pretend, that from the time a prisoner
escapes, or otherwise reaches the shore of a neutral power, he is
absolutely free. It is true, he cannot be retaken without the consent
of that power, but such a power would violate the laws of neutrality
if it should refuse its consent. This is a consequence of the asylum
of the ship in which the prisoner or hostage was contained."
We know not of what authority this writer may be, and therefore pray a
moment of your Excellency's attention to this matter, requesting your
advice upon it, that if it be possible, some means may be devised to
retain these prisoners, till as many of ours can be obtained in
exchange for them.
We have the honor to be, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
* * * * *
FROM THE COMMITTEE OF FOREIGN AFFAIRS TO THE COMMISSIONERS.
York, 15th of May, 1778.
Gentlemen,
Your pressing request for five thousand hogsheads of tobacco, is a
matter as embarrassing to Congress as to yourselves. Their anxiety to
get it to you is as great as yours to receive it. We have already lost
vast quantities in the attempt, and thereby have furnished our enemies
gratis with what was designed for the discharging of your contracts,
and for promoting the interest and commerce of our friends. We request
your particular attention to this information, as it is a matter of as
high moment to our allies as well as to ourselves. In the present
state of things it is very probable, that England will be unwilling
to interrupt the trade of France in their own bottoms; and our desire
is, as well for her benefit as ours, that France would open the trade
from her own ports, so that the intentional advantages of the treaties
may fully operate for both countries. We need not enlarge on this
head, as your discernment will furnish you with all the reasons to be
alleged in support of what we desire.
In addition to what is mentioned in our letter, respecting the 11th
and 12th articles of the treaty, we observe, that the 12th is capable
of an interpretation and misuse, which were probably not thought of at
the time of constructing it; we mean, that it opens a door for all, or
a great part of the t
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