ase in question, the Guernsey privateer certainly had a
commission from the King of Great Britain, against American vessels at
least. But admitting, for argument's sake, that he had no commission
at all, the question arises, whether the two nations of France and
England are at war or not. And, although there has been no formal
declaration of war on either side, yet there seems to be little doubt
that the two nations have been at actual war, at least from the time
of the mutual recall of their Ambassadors, if not from the moment of
the British King's most warlike speech to his Parliament.

Now, if it is admitted that the two nations are at war, we believe it
would be without a precedent in the history of jurisprudence to
adjudge the subject of any nation to be guilty of piracy for an act of
hostility, committed at sea against the subject of another nation at
war. Such a principle, for what we see, would conclude all the
admirals and other officers of both nations guilty of the same
offence.

It is not the want of a commission, as we humbly conceive, that makes
a man guilty of piracy; but committing hostilities against human kind,
at least against a nation not at war.

Commissions are but one species of evidence that nations are at war.
But there are many other ways of proving the same thing.

Subjects and citizens, it is true, are forbidden by most civilized
nations to arm vessels for cruising against their enemies, without a
commission from the sovereign; but it is upon penalty, of confiscation
or some other, perhaps, milder punishment, not on the penalties of
piracy.

Moreover, perhaps, prizes made upon enemies by subjects or citizens,
without commission from their sovereigns, may belong to the
sovereigns, not to the captors, by the laws of most nations; but,
perhaps, no nation ever punished as pirates their own subjects or
citizens, for making a prize from an enemy without a commission.

We beg your Excellency's pardon for detaining you so long from objects
of more importance, and have the honor to be, &c.

B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Passy, 17th September, 1778.

Sir,

The last letter wh