contraband, of which I thought it right to give you this previous notice, that you may avoid the trouble and expense likely to arise from such captures and the detention of them for a decision. With great regard and best wishes for the success of your enterprises, I have [etc.] [No signature indicated] 10 The Minister in France (Franklin) to the President of the Continental Congress (Huntington)1 SIR: PASSY, May 31, 1780. A ship of that nation [Holland] has been brought in here by the Black Prince, having an English cargo. I consulted with Messrs. Adams and Dana, who informed me that it was an established rule with us, in such cases, to confiscate the cargo, but to release the ship, paying her freight, etc. This I have accordingly ordered in the case of this ship, and hope it may be satisfactory. But it is a critical time with respect to such cases, for whatever may formerly have been the law of nations, all the neutral powers, at the instance of Russia, seem at present disposed to change it, and to enforce the rule that free ships shall make free goods, except in the case of contraband. Denmark, Sweden, and Holland have already acceded to the proposition, and Portugal is expected to follow. France and Spain, in their answers, have also expressed their approbation of it. I have therefore instructed our privateers to bring in no more neutral ships, as such prizes occasion much litigation and create ill blood. Be pleased [etc.] 11 B. FRANKLIN The Minister in France (Franklin) to Robert Morris 2 PASSY, June 3, 1780. DEAR SIR: ... Russia, Sweden, Denmark, and Holland are raising a strong naval force to establish the free navigation for neutral ships and of all their cargoes, though belonging to enemies, except contraband—that is, military stores. France and Spain have ap 1Wharton, The Revolutionary Diplomatic Correspondence, vol. III, pp. 742-746. 2 Ibid., p. 761. proved of it, and it is likely to become henceforth the law of nations that free ships make free goods. England does not like this confederacy. I wish they would extend it still further, and ordain that unarmed trading ships, as well as fishermen and tanners, should be respected as working for the common benefit of mankind, and never to be interrupted in their operations even by national enemies; but let those only fight with one another whose trade it is, and who are armed and paid for the purpose. With great and sincere esteem [etc.] 12 B. FRANKLIN The Minister in France (Franklin) to the Agent of the Continental Congress (Dumas)1 DEAR SIR: PASSY, June 5, 1780. I approve much of the principles of the confederacy of the neutral powers, and am not only for respecting the ships as the house of a friend, though containing the goods of an enemy, but I even wish, for the sake of humanity, that the law of nations may be further improved by determining that, even in time of war, all those kinds of people who are employed in procuring subsistence for the species, or in exchanging the necessaries or conveniences of life which are for the common benefit of mankind-such as husbandmen on their lands, fishermen in their barks, and traders in unarmed vesselsshall be permitted to prosecute their several innocent and useful employments without interruption or molestation, and nothing taken from them even when wanted by an enemy, but on paying a fair price for the same. With great esteem [etc.] B. FRANKLIN 13 The Minister in France (Franklin) to the French Minister for Foreign Affairs (Vergennes)2 PASSY, June 18, 1780. SIR: I received the letter your excellency did me the honor of writing me the 17th of this month, together with the letters en closed of M. de Sartine and of the ambassador of Holland. Concerning the ship Flora, which had been brought into Cherbourg by the Black Prince privateer, your excellency will see by the enclosed paper that I had already given orders for the release of the vessel, with payment of damages, before the ambassador's complaint was made, and by letter to the owners may be seen what my sentiments are with regard to the principle about to be established by neutral powers. This single cargo I nevertheless condemned to the use of the captors, excepting what should be reclaimed on oath by the subjects of Holland. My reasons for doing so were: (1) Because the law has been settled in America that enemies' property found in neutral ships might be taken out of the same, paying the freight that would have been due if the ships had completed their voyages, together with all costs and damages. Of this there have been already several instances, and foreign owners have been so well satisfied with the handsome treatment their ships met with when carried into our ports on such occasions, that I never heard of any complaint. (2) Because the English have always condemned and confiscated American property found in Dutch ships, of which there have been, I am informed, many instances in America; and neither the Dutch captains nor owners have ever complained of this as a violation of the flag of their nation nor claimed its right of protecting our goods in their ships, but have delivered them up to the English on receiving their freight. (3) Because a treaty has been long since offered in behalf of the United States to Holland, in which there was an article that free ships should make free goods, but no notice has been taken of that offer, and it was understood that till such a treaty was entered into the old law of nations took place, by which the property of an enemy was deemed a good prize wherever found; and this vessel, charged with English property, being brought in on the captain's voluntary declaration that it was such, before the intention of the neutral powers to change that law could be known, it was thought that the captor's right to the cargo could not fairly be refused. With the greatest respect [etc.] [No signature indicated] 14 Resolutions of the Continental Congress Regarding the Russian Declaration on Neutral Commerce, October 5, 17801 Her Imperial Majesty of all the Russias, attentive to the freedom of commerce, and the rights of nations, in her declaration to the belligerent and neutral powers, having proposed regulations, founded upon principles of justice, equity, and moderation, of which their Most Christian and Catholic Majesties, and most of the neutral maritime powers of Europe, have declared their approbation; Congress, willing to testify their regard to the rights of commerce, and their respect for the sovereign, who hath proposed and the powers that have approved the said regulations: Resolved, That the Board of Admiralty prepare and report instructions for the commanders of armed vessels commissioned by the United States, conformable to the principles contained in the declaration of the Empress of all the Russias, on the rights of neutral vessels: That the ministers plenipotentiary from the United States, if invited thereto, be and hereby are respectively empowered to accede to such regulations, conformable to the spirit of the said declaration, as may be agreed upon by the Congress expected to assemble in pursuance of the invitation of her Imperial Majesty. Ordered, That copies of the above resolutions be transmitted to the respective ministers of the United States, at foreign courts, and to the honourable the minister plenipotentiary of France. 15 Instructions of the Continental Congress to Commanders of Ships of War and Private Armed Vessels, November 27, 1780 2 Additional instructions to the captains and commanders of all ships of war and private armed vessels who shall have commissions or letters of marque and reprisal. 1. You shall permit all neutral vessels freely to navigate on the high seas or coasts of America, except such as are employed in carrying contraband goods or soldiers to the enemies of these United States. 1Journals of the Continental Congress, vol. xvIII, pp. 905–906. 2 Ibid., pp. 1097-1098. 2. You shall not seize or capture any effects belonging to the subjects of belligerent powers on board neutral vessels, excepting contraband goods. 3. The term contraband shall be confined to those articles which are expressly declared to be such in the treaty of amity and com merce, of the 6th of February, 1778, between these United States and his Most Christian Majesty, namely arms, great guns, bombs with their fuses and other things belonging to them, cannon ball, gun powder, match, pikes, swords, lances, spears, halberts, mortars, petards, grenadoes, saltpetre, muskets, musket ball, bucklers, helmets, breastplates, coats of mail, and the like kind of arms proper for arming soldiers, musket rests, belts, horses with their furniture, and all other warlike instruments whatever. 4. That all commissions, bonds, and instructions shall be conformable to the preceding regulations: and if any thing shall be done, or willingly suffered to be done, contrary thereto, the offender shall not only forfeit his commission and be liable to an action for breach of the condition of the bond, but be responsible to the party grieved for damages sustained by such malversation. 5. These instructions, the principles on which they are grounded, and the act of Congress of the 5th day of October last, shall serve as a rule of proceedings in the United States on the legality of prizes. 16 Instructions of the Continental Congress to the Minister Designate to Russia (Dana), December 19, 17801 SIR: The great object of your negotiation is to engage her imperial majesty to favour and support the sovereignty and independence of these United States, and to lay a foundation for a good understanding and friendly intercourse between the subjects of her Imperial Majesty and the citizens of these United States, to the mutual advantage of both nations. You will readily perceive, that it must be a leading and capital point, if these United States shall be formally admitted as a party to the convention of the neutral maritime powers for maintaining the freedom of commerce. This regulation in which the Empress is deeply interested, and from which she had derived so much glory, will open the way for your favourable reception, which we have 1 1 Journals of the Continental Congress, vol. xvIII, pp. 1168–1173. |