n commerce, perhaps,
exclusive of Holland. We wish, therefore, that idea to be laid aside,
and that no further mention may be made to us of England in this
business.
We are, Sir, your most obedient humble servants,
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
* * * * *
M. DE SARTINE TO THE COMMISSIONERS.
Translation.
Marly, October 19th, 1778.
Gentlemen,
I have received the two letters, with which you have honored me on the
subject of the claims of Mr Izard to goods captured in the Nile. I
observed to you, in my letter of the 17th inst. that the government
could only interfere when the laws were insufficient; and that its
interposition would be misplaced, when they were plain and precise.
You must feel all the justice of this principle better than any person
whatever, and I do not doubt that cases may occur in which you may
yourselves appeal to it.
The capture of the Nile, and of her cargo, has been declared good. To
order a particular restitution, and deprive the captors of property,
which they have acquired provisionally at least, would be an
interference of the government with the laws, and would introduce a
dangerous precedent in the proceedings established by his Majesty
relative to prizes. The more firmly you are convinced that the claims
of Mr Izard are conformable to the treaty, the more ready you should
be to believe, that they will be favorably received, and the expenses
of a suit are inconsiderable. It is true, that they might have been
avoided, if Mr Izard's property had been shown before the first
sentence, because then it would only have been necessary to prove the
property, which seems to me indisputable; but in the present state of
things I am sorry that it is impossible for him to avoid the necessary
forms, to which his Majesty has subjected his allies, as well as his
own subjects.
I have the honor to be, &c.
DE SARTINE.
* * * * *
TO RALPH IZARD.
Passy, October 22d, 1778.
Sir,
We have just now the honor of a letter from M.
|