DE SARTINE.
TO M. DE SARTINE.
Passy, August 13th, 1778.
Sir,
Your Excellency's letter of the 29th of July, enclosing a plan for a system of regulations for prizes and prisoners, we had the honor of receiving in due time, and are very sorry it has remained so long unanswered.
In general, we are of opinion, that the regulations are very good; but we beg leave to lay before your Excellency the following observations.
Upon the 2d article we observe, that the extensive jurisdiction of the Judges of Admiralty in America, which, considering the local and other circumstances of that country, cannot easily be contracted, will probably render this regulation impracticable in America. In France it will, as far as we are able to judge of it, be very practicable, and consequently beneficial. But we submit to your Excellency's consideration, whether it would not be better in America after the words "les dites Juges" to add,—or the Register of the Court of Admiralty, or some other person authorized by the Judge. The jurisdiction of the Court of Admiralty in America extending for some hundred miles, this regulation would be subject to great delays, and other inconveniences, if it was confined to the Judge. The 4th article seems to be subject to the same inconveniencies, and therefore to require the same amendment.
Upon the 14th article, we beg leave to submit to your Excellency's consideration, whether the heavy duties upon British merchandise and manufactures, if these are to be paid upon prize goods, will not operate as a great discouragement to the sale of prizes made by American cruisers; and whether it would be consistent with his Majesty's interest to permit merchandise and manufactures, taken in prizes made by Americans, to be stored in his Majesty's warehouses, if you please, until they can be exported to America, and without being subject to duties.
We know not the expense, that will attend these regulations and proceedings in the courts of this kingdom; but as the fees of office in America are very moderate, and our people have been accustomed to such only, we submit to your Excellency whether it will not be necessary to state and establish the fees here, and make the establishments so far public, that Americans may be able to inform themselves.
As we are not well instructed in the laws of this kingdom, or in the course of the courts of Admiralty here, it is very possible that some inconveniencies may arise in the practice upon these regulations, which we do not at present foresee; if they should, we shall beg leave to represent them to your Excellency, and to request his Majesty to make the necessary alterations.