Particular
No 45
My Lord

Yesterday Morning I had the Honour of Your Lordships Letters No 14 and 15.

After what had passed last week, between M de Vergennes, and me, with regard to the American Ship, the Reprisal, and the Captures She had made, and carried into L'orient, I did not imagine that it would have been necessary to resume the Subject, but Information I received from L'orient of the 26th past, made me think it incumbent on me, to return to the Charge, I therefore My Lord began my Yesterdays Conversation with M de Vergennes, by telling Him, that I was surprized and concerned to find, that there must have been some mistake, or delay, in the orders He mentioned to me last week, as I knew that the Reprisal was still at L'Orient, the 26th of last Month, and that the Captain had sold two of the Prizes, which put to sea that Day, and it was said, was about selling the other three. I gave M de Vergennes an exact List of the five Ships, and marked the two that were actually sold, according to my Information ,

He interrupted me to say, that what he had told me, was exact, that the orders were sent At the time He mentioned, and that M de sartines had received an Answer from the Commissary who mentions the Departure of two of the Merchant Vessels, but says nothing of any Sale, The Commissary adds, that the other three ships were immediately to put to sea, together with the Reprisal, that the American Captain had fought for a Delay, and pretended the Necessity of having his Ship Careened, but upon examination, it was found, that there was no such Necessity, and the Commissary renewed the orders, for her immediate departure, He says positively in his Letter, that Wi11d, and weather permitting, the Reprizal will put to Sea, the Day after to morrow, that is the 28th of last Month, This My Lord, is the Substance of the Commissarys Answer, according to M de Vergennes Account of it to me. His Excellency assured me, that he knew of no Sale, that none had been permitted, that no Part of the Cargoes had been suffered to be unloaded, and that if there had been any Clandestine purchase of the whole en Bloc. it was at the Risk of the purchaser, and was one of those Secret dealings in Trade, which it was scarce possible to prevent. He asked me, if I had any particulars with regard to the Sale, or could tell Him the purchasers Name. I was obliged to own My Lord, that my Information was very defective. It comes to me through Mr Hunter, who has it in a Letter, from his Correspondent at L'orient, but that Correspondent mentions no particulars. I have begged Mr Hunter, of whose Zeal I have had several Proofs, to get me the most particular Intelligence possible.

I told M de Vergennes, that I hoped soon, to be more exactly informed, that in the mean time, I asked the Restitution of the Packet, which was a Kings Ship, and of the other two Vessels if they were Still at L'Orient, and that as to any sale, that had been, or might be made, of all, or any of the five Vessels, I did as was my Duty, formally protest against it, and declare, that our Right could not be Affected, by any such Sale and that into whatever hands the Ships came, they must be considered as our indisputable Property. He did not at all Attempt to contravert this, but said, that as they had positively forbid the Sale, they certainly did not mean to justify the Purchase, if any Such Purchase had been made, which He assured me He did not know of, and which could only have been made en Fraude. He again assured me, that He had no Doubt, the orders were carried into full Execution before this time.

As to the Complaints of Messrs Ranson and Delamaine, all I shall Say My Lord is, that those Gentlemen are misinformed, M de Vergennes, who knows how repeatedly I have applied to Him upon the Subject, smiled, when I told Him they complained of my Negligence. I do not however at all mean to insinuate, that they have not Reason to be displeased, with the little success of my Representations; They have every Right to consider, the Captors as Pirates, and do not see how hard it is, to bring this Court to adopt, and avow the same opinion. Your Lordship is I know well aware of the Difficulty of the General Question, I saw it too, tho' imperfectly, when I transmitted You a kind of Memorial, which You so properly desired might not be presented. Since that time, My Lord I have constantly pressed the Restitution of the Ships, the Rebels take, and carry into the Ports of France, but I press it upon the footing of friendship only, and without entering into any Discussion of the Matter of Right, which as Your Lordship sees better than I do, might carry us very far, and lead to such Disquisitions, as it is better to avoid. When I sent You the sketch of a Memorial, I did not see the nicety of the Question, in its full Extent, but was like an advocate who uses the most specious Arguments he can find, and is himself deceived, by the Arguments he employs. The Point now seems to me of such Nicety, that if any Memorial is to be given in with regard to it, I most earnestly beg, that it may be transmitted to me. In the mean time, I shall continue to follow the middle way I have taken, and press rather than Claim such Restitution, if the Case should again arise. I know that it should be granted, if this Court acted up to the friendship they profess, but they always protest the fear of Quarrelling with the Rebels, exposing their Trade, to the Insults of the American Privateers, and drawing on a Contest in which they could get nothing but blows. M de Maurepas, and M de Vergennes, have both repeatedly made use of this Expression, and said, that they must keep clear of Contests, in which there is much to lose, and nothing to gain. 

I am with the greatest Truth, and Respect, My Lord [&c.]

P:S: Mr Hunter has just received a Letter from L'orient, acquainting Him, that all the Prizes are Sold, but mentioning no particulars, so Soon as I know all the Circumstances, I shall again speak to M de Vergennes upon the Subject, and regulate Myself according to the information I receive. There can be no doubt, that the Commissary At least, has connived at this fradulent sale, But they will deny, and I fear we cannot prove. S

[Endorsed] Paris 5 March 1777 Lord Stormont No 45 Particular R 10th by Express from Dover