TO M. DE SARTINE.
Passy, May 14th, 1778.
Sir,
In the several cruises made by Captains Wickes, Johnston, Cunningham, and others of our armed vessels, on the coast of Great Britain, it is computed that between four and five hundred prisoners have been made and set at liberty, either on their landing in France, or at sea, because it was understood, that we could not keep them confined in France. When Captain Wickes brought in at one time near a hundred, we proposed to Lord Stormont an exchange for as many of ours confined in England; but all treaty on the subject was rudely refused, and our people are still detained there, notwithstanding the liberal discharges made of theirs, as above mentioned. We hear that Captain Jones has now brought into Brest near two hundred, whom we should be glad to exchange for our seamen, who might be of use in expeditions from hence; but as an opinion prevails, that prisoners of a nation with which France is not at war, and brought into France by another power, cannot be retained by the captors, but are free as soon as they arrive, we are apprehensive, that these prisoners may also be set at liberty, return to England, and serve to man a frigate against us, while our brave seamen, with a number of our friends of this nation, whom we are anxious to set free, continue useless and languishing in their gaols.
In a treatise of one of your law writers, entitled Traités des Prises qui se font sur Mer, printed 1763, we find the above opinion controverted, p. 129, § 30, in the following words; "Hence it seems, that it is not true, as some pretend, that from the time a prisoner escapes, or otherwise reaches the shore of a neutral power, he is absolutely free. It is true, he cannot be retaken without the consent of that power, but such a power would violate the laws of neutrality if it should refuse its consent. This is a consequence of the asylum of the ship in which the prisoner or hostage was contained."
We know not of what authority this writer may be, and therefore pray a moment of your Excellency's attention to this matter, requesting your advice upon it, that if it be possible, some means may be devised to retain these prisoners, till as many of ours can be obtained in exchange for them.
We have the honor to be, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.