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which you support the pretensions of Mr Izard, Minister of the United
States for Tuscany, who claims the effects captured in the English
ship, the Nile, by the Cesar privateer from Marseilles. You have made
a mistake in citing the 16th article of the treaty between his Majesty
and the United States; the 14th article relates particularly to the
subject. It contains, however, only the usual provisions of commercial
treaties, founded on the law of nations, and I cannot see that it
applies rigorously to the present case. Mr Izard is not named in the
account of the goods of which he demands the restoration. There are no
papers, which prove that those articles, shipped by an Englishman,
addressed to Senior Martinelli for the Abbe Niccoli, are not on
account of English subjects. If the government had the decision of the
question without the interference of the Court, certainly, Gentlemen,
your assertion and that of Mr Izard would be of very great weight. But
his Majesty has granted to the captors the whole of the property
captured; the Board of Prizes has adjudged the ship Nile a lawful
capture, by their decree of the 20th ult.
Placed between the Prize Court, the captors, and the claimant, the
government cannot undertake to decide on this subject; it could pursue
that course only in case the laws were not applicable to the point in
question; but here the laws are known, they decide on claims for goods
shipped before the commencement of hostilities; and in having recourse
to the tribunals, Mr Izard may expect from them all the justice and
favor, which the citizens of the United States will always experience
in France.
I have the honor, &c.
DE SARTINE.
* * * * *
THE AMBASSADOR OF NAPLES TO THE COMMISSIONERS.
Translation.
Paris, 8th October, 1778.
Gentlemen,
I am persuaded that you already know that the king of the Two
Sicilies, my master, has ordered the ports of all his dominions to be
kept open to the flag of the United States of America, for which
reason, to avoid every possible mistake at this time, when the seas
are covered with the privateers of different nations, and likewise
with pirates, I request you to inform me of the colors of the flag of
the United States of America, and likewise of the form of the
clearances, the bett
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