here may be
occasion.

At the same time we had the honor of your Excellency's letter of the
25th, relative to Mr Izard's goods.

The question your Excellency mentions, we apprehend cannot arise in
this case, whether an enemy's ship makes merchandise the enemy's,
because by the 16th article of the treaty of commerce, your Excellency
will recollect, "that an exception is made of such goods and
merchandise as were put on board such ships before the declaration of
war, or after such declaration, if it were done without the knowledge
of such declaration. Ignorance of the declaration of war not to be
pleaded after two months."

Mr Izard's goods were shipped before any declaration of war, or at
least, two months had not passed away after the first appearance of
war, and before they were shipped.

We have referred Mr Izard to his Excellency M. de Sartine, and shall
have the honor to apply to him ourselves, according to your
Excellency's advice, as early as possible.

We have the honor to be, with the most perfect consideration, &c.

B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.

* * * * *

TO M. DE SARTINE.

Passy, September 26th, 1778.

Sir,

The honorable Ralph Izard, Minister from the United States to the
Grand Duke of Tuscany, having ordered his baggage to Italy from
London, has had the luck to have it taken in an English vessel, and
carried into Marseilles. We have written to the Count de Vergennes on
the subject, who referred us to your Excellency.

We apprehend, that by the 16th article of the treaty of commerce, Mr
Izard has a clear right to a restitution of his goods. But perhaps it
will be necessary for your Excellency to transmit to Marseilles a copy
of the treaty, or some order relative to this property of Mr Izard,
which we have the honor to request.

We have the honor to be, &c.

B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.

* * * * *

COUNT DE VERGENNES TO THE COMMISSIONERS.

Translation.