Gent^m

Herewith I have the honor to inclose you Copies of two Sets of Papers, found on board an American Brig, bound from Portsmouth in New Hampshire to S^t. Eustatia, with a Load of Lumber; likewise the Protest of the Captain & Seamen of Said Vessel on their Arrival here; by which you will please to observe that She was taken by an American Privateer (fitted out of this Place) under the Pretence of her being English Property¹

The only Reason on which this opinion could be founded, arose from her having two Sets of Papers; but upon taking a comparative View of them, it appears, that the American Clearances are of So recent a Date that she must evidently have Sailed from the Port where they were procured; whereas the English Papers were dated four Months previous to the Time She was taken—

It may be asked, whether the latter Papers did not entirely cancel &c annul the former, according to the Maxim of the civil Law, Quod postrionum jussum est, ad jus ratum esto—² 

The Merits of this Affair seem principally to turn upon two Points Whether the Privateer had a Right to take Possession of this Vessel & Send her into Port, as being dubious Property, & if this Right is clearly apparent, at whose Risk She is presumed to be from the Time of being taken possession of; for She happened to be retaken & carried into Antigua, & there condemned as American Property; Perhaps, it may be thought worthy Consideration, whether this Vessel was not equally justifiable in showing English Clearances, as the Privateer in hoisting English Colors &c firing under them;—for Supposing an Armed Vessel makes use of false Colors to decoy the Enemy it is a general Practice never to fire under any others than what properly belong to her, & which her Commission entitles her to carry—

As the Owners in America may perhaps apply to Congress for Redress in this Affair,³ I have thought proper to transmit Copies of the respective Papers found on board; but must observe that the Orders given to the Captain dated Halifax Decem^r. 24th 1777, & those dated Portsmouth April 1^st 1778 are wrote on the Same Kind of Paper, & by the Same Hand; by which it appears, that the Plan of a double Set of Papers was previously concerted by the Owners, which exposes them to all the Penalties that the Law denounces against Such Practices—

I do not imagine that the Owners of the Privateer have given any Bond & Security obliging them, “not to transgress or exceed the Powers & Authorities contained in their Commission” 

I have therefore applied to the General⁴ who has promised that he will exact of them a sufficient Security, for the Payment of whatever Damages Congress may think just & equitable—

It was proposed that this Matter should be decided by a Court of Admiralty in this Island, & indeed the Papers had been delivered to the Judge; but I convinced him how inadequate & incompetent his Jurisdiction must be, to the Discussion of a Point of this Nature; which entirely regarded two American Vessels, & which certainly ought to be Settled by those who formed the Law that they are to be governed by & are doubtless the best Interpreters of the Law that they themselves made—altho I have never heard of any Code of maritime Law which have been formed or adopted by Congress to regulate Cases of this Nature—

A French Vessel freighted by, & on Acc^t of Englishmen, with English Merchandize, was taken some time past & brought into this Port; the Captain, who had been permitted to Stay on board the Prize immediately on his arrival claimed the Protection of the French Government, & Sued for Damages that he asserted he had Sustained, by the Pillage of Goods which he Said was French Property; & claimed the Amount of the Freight as specified by his Charter Party—The Matter was entirely foreign to the Jurisdiction of this Island, however the Court of Admiralty took Cognizance of it;—This happened before the Accounts were received of our Independence being acknowledged by France;—In Politics, as well as in Trade, it is expedient sometimes to lose, & I Suffered this Affair to take its Course thro a Law Process, by which the Owners of the Privateer were condemned to pay much heavier Damages than I thought just;—I shall henceforth be extremely jealous of the Rights of our American Jurisdiction, in Matters purely relating to that Country; I should be happy to know whether the Treaty has any Reference to the Line of Conduct to be observed in parallel Cases—

This Island from its Situation must always have a great Comunion with America, & it often which occasions a considerable Resort of People from that Country;—it often happens that the contending Interests of different Parties amongst them, occasion Small Disputes, which require prompt & immediate Decisions;—Now in all Such Affairs will in future be refer'd to the Agent who may reside here, perhaps it may be thought proper that he should be vested with Such Powers from Congress, as are necessary for the Support & Maintenance of Some Kind of Authority;—he should likewise be instructed in the Privileges, Regulations, & Restrictions of our Trade both foreign & domestic, as far as depends on our municipal Law or the Sanction of Treaties; as well as in every other Matter that has any Regard to the Business of his Department 

I did myself the honor of mentioning to you in a former Letter that I had engaged the Conte Dargout, then General of this Island, to interest himself in procuring S^t Pierre to be a free Port; & when the Intendant took his Departure for France I drew up a small Treatise upon the Subject in which I enumerated the many Advantages that might be reciprocally derived from this Circumstance;—Perhaps it may be owing to the Prevalence of the Reasons I then advanced that this desirable Event will take place in a few Days—

Since the Arrival of the Dutch Admiral⁵ at S^t Eustatia with a Small Squadron to protect the Trade of the Dutch Subjects, he has granted Several Indulgences to the American Vessels, which they never before enjoyed;—he permits them publicly to hoist their Colors in the Road of S^t Eustatia, & has given Orders to his Cruizers, not to Suffer any American Vessel to be molested, within the Limits of the Island—

This Conduct has so exasperated the Governor of Antigua,⁶ that he has carried his Resentments to a very great Length;—he has peremptorily refused to one of the Dutch Frigates an Anchor & Cable that she stood in need of, & the liberty of the Port, to any of the Dutch Vessels to procure Water in—The Dutch Admiral being thus repulsed, applied to the General of this Island, who with great Politeness & Policy Supplied his present Wants, & made him a Tender of his future Services—

Admiral Barrington arrived at Barbados a few Days ago, with Several Frigates & a Fleet of Merchantmen—he has come out to relieve Admiral Young, who will leave the Station in a few Days—⁷

All the Preparations for commencing Hostilities that regard the Troops in this Island, are fully compleated—Nothing is wanted but a Stronger Navy & the Word of Command;—It is expected that we shall receive an Accession of Strength from the Operations of Count Destaing's Fleet in America, &c that some of Lord Howes Ships may make their appearance here, under the Command of French Officers & manned by French Seamen—I Have the honor to be [&c.]