Papers of John Adams, volume 7
We have the Honour to inclose to your Excellency two Memorials1 concerning a French2 Vessell retaken from an English Privateer by An American Privateer the Hampden commanded by Captain Pickering.
As there is nothing in either of the Treaties between his Majesty and the united States, respecting such Rescues and Recaptures the Laws of each State must govern the Cases of the Vessells carried into it, and no La untill Some new Regulation Shall take Place and. The Sale was made before the new Regulations took place and we apprehend that3 no Law or Ordinance can justly be made to have a Retrospect or a Retroactive Effect.
We beg the favor of your Excellency to order what appears to you just in this particular case.
Presumably these were the petitions, of which this letter gives the substance, from D'Albert de Riou, a Brest merchant, of 23 Oct., and from Riou and Capt. Thomas Pickering of 23 Dec. 1778 (both PPAmP: Franklin Papers). The controversy centered on La Constance, a French vessel taken by a Guernsey privateer on 29 Sept. and recaptured by Pickering and the Hampden on 2 Oct. Because it had been in the enemy's hands for more than 24 hours, La Constance was a legal prize to the American captors under the terms of the Marine Ordinance of 1681. Basing their actions on that ordinance and past practice, Pickering went before the admiralty clerk within 24 hours of his arrival at Brest on 6 Oct. and presented the circumstances of the capture. As a result, the admiralty judges determined La Constance to be a good prize. Pickering then entered into an agreement with Riou for its disposal, and made payments to the crew in anticipation of the sale. However, on 22 Oct. the regulations for the disposal of prizes and prisoners that had been issued on 27 Sept. were registered at Brest. This caused the admiralty judges to reconsider their decision in the case of La Constance and to decide that it should come under the provisions of the new regulations. This meant that the evidence in the case would have to be presented again and a new determination made of the legitimacy of the capture, but, because the prize had already been sold, such a course would have resulted in long delays and litigation. Therefore, the petitioners desired the Commissioners to obtain from the Ministry of Marine an order exempting La Constance from the provisions of the new regulations. Pickering wrote again, to Benjamin Franklin on 28 Jan., concerning the case (
Cal. Franklin Papers, A.P.S.
, 2:16). Nothing is known of its outcome since no reply by Sartine has been found. For the French regulations concerning recaptures, see Sartine to the Commissioners, 16 Sept. 1778, above; and for the regulations of 27 Sept. 1778, 344
see Wharton, ed., Dipl. Corr. Amer. Rev.
, 2:684–687.
This word was interlined for insertion at this point.
The preceding fourteen words were interlined by Benjamin Franklin for insertion at this point.
Your Excellency did Us the Honour to inform Us, sometime ago, that in order to obtain the Liberty of Americans, taken on board of English Vessells by his Majestys ships it was necessary, that We should inform your Excellency, that they had been made Prisoners by the English and forced into their service.1
We accordingly request the Liberty of William Berry, William Keating, John Williams, Abraham Fairman, Robert Boughoss
There is another Person Prisoner in Granville, whose Name is Jonathan Akin who was taken Prisoner by the an English Frigate, and imprisoned for some Time at Portsmouth.
Sartine to the Commissioners, 14 Nov. 1778 (above).
For the memorial of 21 Oct. 1778 signed by Berry, Keating, Williams, Fairman, Bongass, and Handly, see the Commissioners to Sartine, 12 Oct. 1778, note 8 (above). No previous mention of James White or Jonathan Akin has been found. Presumably this letter resulted in the release of the men, but no reply from Sartine has been found.
Having been induced to believe, and to expect, in consequence of The Treaty of Alliance, Friendship, and Commerce, entered into, by, and between, His most Christian Majesty, and, The Honorable Congress, of The United States of America; That every possible encouragement, and protection would be readily granted, to our Commercial intercourse, with this Kingdom. We presumed, under that confidence to address Monsieur de Sartine, the Minister of the Marine, and Your Honors,1 to solicit a protection for a respectable number of Vessels, destined with very valuable, and consequential Cargoes, to different States. The Minister did us the honour to acknowledge immediately, 345the receipt of our letter, but, was pleased to refuse, a compliance with our request. Notwithstanding which, we flattered ourselves, that by the means of your interest, and by the exertion of your influence, at the Court of Versailles, we should obtain it. With that hope, we have waited for Your Honors, explicit information; although we must confess, that it has not been without anxiety, and impatience, as our own, and our Vessels detention, are attended with many disagreeable circumstances, and destructive consequences: insomuch, that we should in future, even prefer the risque of capture, to any reliance upon an application for protection.
The American Merchants, and Adventurers carry on their Commerce at present, to this Kingdom, under so many disadvantages, that we presume, to think, they ought to have every possible assistance, and attention, and without it is given, and granted to them, we are very apprehensive, that they will be soon discouraged from pursuing of it.
As we have been induced to say, thus much, Permit us to inform Your Honors, that we are very desirous, to know, What are the particular privileges, benefits, and exemptions to which we are intitled, by virtue of the Treaty of Commerce? As hitherto, we have not found any difference, in the mode of conducting our business, for the same imposts are exacted, which were required, when our Vessels first entered this Port.
We take the liberty farther to observe, that we think it is essentially requisite, that the Import, and Export Duties for which the Americans are to be held liable to the payment of, should be precisely ascertained, and the same made publick by authority, as well to prevent imposition as for the Merchants government, and satisfaction.
There are several of us, on the point of embarking for different States, we are therefore solicitous to have Your Honors information, respecting these particulars, that we may carry to America certain intelligence relative thereto, and from the best authority.
We are, with all due respect Your Honors Most Obedt. and most Hble Servts.
See the letters from J. D. Schweighauser and others to the Commissioners of 7 Nov. and 15 Dec. 1778(both above).