TO COUNT DE VERGENNES.
Passy, September 26th, 1778.
Sir,
We had last evening the honor of your Excellency's letter of the 24th of this month, in answer to ours of the 28th ult. relative to the liberty for Americans to pass through this kingdom with their effects in their way home, duty free, enclosing a copy of a letter from M. Necker to your Excellency upon the same subject. We shall take the liberty to pursue the rules prescribed by M. Necker, as there may be occasion.
At the same time we had the honor of your Excellency's letter of the 25th, relative to Mr Izard's goods.
The question your Excellency mentions, we apprehend cannot arise in this case, whether an enemy's ship makes merchandise the enemy's, because by the 16th article of the treaty of commerce, your Excellency will recollect, "that an exception is made of such goods and merchandise as were put on board such ships before the declaration of war, or after such declaration, if it were done without the knowledge of such declaration. Ignorance of the declaration of war not to be pleaded after two months."
Mr Izard's goods were shipped before any declaration of war, or at least, two months had not passed away after the first appearance of war, and before they were shipped.
We have referred Mr Izard to his Excellency M. de Sartine, and shall have the honor to apply to him ourselves, according to your Excellency's advice, as early as possible.
We have the honor to be, with the most perfect consideration, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.