a third within the third and fourth,
and afterwards one half, which leaves at least, in every case, the
other half to the losing proprietors. It is possible, that the United
States, as these laws are less advantageous to the privateers and more
favorable to the original proprietors of recaptured vessels, would
give the preference to those of France.
In these circumstances, the rules of reciprocity observed between the
two powers require that arrangements be taken to adopt the law of one
of the two nations, which shall be observed by the respective
privateers, and in the meantime I am persuaded, that you will think
with me, that the American privateer, General Mifflin, ought not to
exact in France other advantages than what, in a similar case, a
French privateer would meet with in North America.
This discussion, moreover, should not take place perhaps in the
particular affair in question. I am just informed, that the French
proprietor claims his vessel as retaken from pirates, offering to pay
a third of its value to the American privateer, which delivered it.
This is agreeable to the 10th article, under the title of _Prizes_, of
the ordinance of 1681, which appears justly applicable to this
particular case. If it should be found, that the Guernsey privateer
falls under the description of those pirates, whose depredations have
obliged his Majesty to order general reprisals, and that she has not
been furnished with new letters of marque, which the Court of London
did not grant before the month of August, to cruise against French
vessels, as appears from the declaration of the Captain of the
Isabella, this question will be necessarily submitted to the decision
of the tribunals; and I cannot do otherwise than see, that the most
prompt justice be rendered to the American privateer. I request, at
any rate, that you will be pleased to give me your opinion on the
principal question, taking for granted the different laws of the two
nations with respect to reprisals or rescues.
I have the honor to be, &c.
DE SARTINE.
* * * * *
TO M. DE SARTINE.
Passy, 17th September, 1778.
Sir,
We have this morning the honor of receiving your Excellency's letter
of the 16th, relative to the French brigantine, the Isabella, retaken
by the American privateer, the General M
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