ifflin, from a Guernsey
privateer, after having been eight hours in his hands.
We have the honor to agree perfectly with your Excellency, in your
sentiments of the justice and policy of the principle of reciprocity
between the two nations, and that this principle requires that French
ships of war, or privateers, should have the same advantage in case
of prizes and recaptures, that the American privateers enjoy in
France.
We are so unfortunate, at present, as to have no copy of any of the
laws of the United States relative to such cases, and are not able to
recollect, with precision, the regulations in any of them. But we are
informed by Captain M'Neil, that by the law of Massachusetts Bay, if a
vessel is taken within twentyfour hours, one third goes to the
recaptors; after twentyfour hours until seventytwo hours, one half;
after seventytwo hours and before ninetysix hours, three quarters; and
after ninety six hours, the whole.
All that we have power to do in this case is, to convey to Congress a
copy of your Excellency's letter, and of our answer, and we have no
doubt but Congress will readily recommend to the several States to
make laws, giving to French privateers either the same advantages that
their own privateers have in such cases, in their own ports, or the
same advantages that the French privateers enjoy in the ports of this
kingdom in such cases, by the ordinance of the King. And we wish your
Excellency would signify to us, which would probably be most agreeable
to his Majesty. If the case of this vessel must come before the public
tribunal, upon the simple question, whether she was taken from a
pirate or not, that tribunal we doubt not will decide with
impartiality; but we cannot refrain from expressing to your
Excellency, that we think the original owner will be ill advised if he
should put himself to this trouble and expense.
We presume not to dispute the wisdom of the ordinance of the King,
which gives to the recaptor from a pirate only one third; because we
know not the species of pirates which was then in contemplation, nor
the motives of that regulation. But your Excellency will permit us to
observe, that this regulation is so different from the general
practice, and from the spirit of the laws of nations, that there is no
doubt it ought to receive a strict interpretation, and that it is
incumbent on the original proprietor to make it very evident, that the
first captor was a pirate.
In the c
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