St Pierre M/que Feby 8th 1778
[Extract]
Gentn.
There have been Several Captures made by American Privateers amongst the Islands, & brought into this Port, attended with Circumstances which leave a Doubt in regard to the Rights of appropriating them to the Benefit of the Captors.—
Before I enter into this Matter I must promise to you, that there is no Method by which we can distress the Enemy's in these Seas more than by preventing the Intercourse betwixt one Island & another, & making Captures of their small Vessels, that carry occasional Supplies of Provisions & Produce.
A Number of them have been taken by our Privateers, but the English Merchants have availed themselves of an Expedient to cover their Property under Neutral Colors, at a very small Expence & Trouble;—They have only to solicit, & they are sure of obtaining a Burghers Brief at St Eustatia, which entitles them to the Privileges of Dutch Subjects, & to the Right of navigating under Dutch Colors;—The facility with which they procure these Briefs, has made it become a general Practice, & the office Perquisites of the Governor seem to be the principal Inducement that urges him to grant them.—
Altho many of these Vessels escape our Privateers under the Sanction of their Dutch Pass, yet Several of them have been brought into Port, when impartial Persons whose Interest will not affect their Testimony, have evidently made it appear that they were the Property of the English. When the Case has not been so clear, as to the Matter beyond the Reach of Contradiction, they have been released; but more from the principle of a cautious Adherence to the Rules of political Prudence, than from a sufficient evidence of their not being lawfull Prizes—
I am convinced that it is our Interest to be upon a friendly footing with the Dutch, & that we should carefully avoid every Subject of Quarrel or Complaint with any Neutral Power, but at the same Time we must do Justice to ourselves, in the Capture of the Enemy's Property, wherever we find it, which makes it absolutely necessary to give a Check to this growing Evil, which is of a most alarming Tendency, as the Practice will become more general, in proportion as it meets with the desired Success.
I Should be happy to receive your Instructions in regard to the Line of Conduct which I Should pursue in the Management of Such Affairs, & what Method would be most adviseable to put a Stop to Such fraudulent & collusive Acts;—A Case in point was adjudged here some time ago respecting a French Vessel, consigning English Merchandize; in which the General1 acquiesced—The Vessel was restored to the Owner, & the Cargo given up to the Captors, without any Consideration being made for the Freight, or any Damages allowed for the Detention of the Vessel, & Disappointment on the Voyage; So much is the General our Friend & Protector—. . . .
I have the honor to be with great Respect Gentn [&c.]