TO COUNT DE VERGENNES.
Passy, February 9th, 1779.
Sir,
It is now six months since Captain M'Neil, of the Mifflin privateer from America, has been embarrassed with a process on account of a French ship, which he retook from the English, after she had been three days in their possession. The laws of France are clear with regard to the validity of this prize, and our Captains have orders, contained in their commissions, to submit their prizes to the laws of the country into which they carry them, and they ought undoubtedly to regulate their own conduct by those laws, without any regard to the laws of America relating to this matter, which may be different in every one of the United States, and, therefore, too uncertain to be made the rule for judgement in the courts here. But the persons reclaiming this prize insist, among other reasons, that their cause should be judged by the laws of Captain M'Neil's country, because more favorable for them.
We believe that no Americans in France will ever think of claiming here any advantage by virtue of the laws of their own country, and it seems not just to put those laws in force against them in France, when it may be done to their detriment. The vexation of these kinds of processes, and the slowness and length of these expensive proceedings before a decision can be obtained, discourage our armed vessels, and have tended to impress them with an opinion that their operations against the English cannot be carried on to advantage in the European seas. We, therefore, request your Excellency to join your solicitations to those we have had the honor to make to M. de Sartine, that these processes may be more speedily determined, and that the Americans in France may be treated, in those respects, on the same footing with the subjects of his Majesty; of which we shall be glad to give information to the Congress, that so some popular prejudices occasioned by these affairs may be effectually removed, and the American armed ships be encouraged to return and cruise again upon the coasts of England.
We have the honor to be, with the greatest consideration and respect, &c. &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.