TO THE COUNT DE VERGENNES.
Passy, January 18th, 1782.
Sir,
I received the letter your Excellency did me the honor of writing to me this day enclosing a Memorial,[28] which relates to the interests of some subjects of the Emperor, residing at Ostend, who allege that a ship of theirs has been taken by an American privateer, and carried into Boston, on pretence that the property was English, &c. I shall immediately transmit the Memorial to Congress, as desired. But there being Courts of Admiralty established in each of the United States, I conceive, that the regular steps to be taken by the complainants would be an application for justice to those Courts by some person on the spot, duly authorised by them as their agents, and in case the judgment of the Court is not satisfactory, that then they appeal to the Congress, which cannot well take cognisance of such matters in the first instance.
The merchants of Ostend may possibly not have as yet correspondents established in all the States, but any merchant of credit in the country would transact such business on receiving their request, with the proper power of attorney; or if His Imperial Majesty should think fit to appoint a Consul General to reside in those States, such an officer might at all times assist his compatriots with his counsels and protection, in any affairs that they might have in that country. I am the more particular in mentioning this to your Excellency, because I apprehend these cases may hereafter be frequent, and if the complaints are to be addressed to you and me, we are likely to have a great deal of trouble, as I am informed that it is become a daily practice for outward bound English ships to put into Ostend, make a formal pretended sale of ship and cargo to a merchant of the place, who furnishes imperial papers for the voyage under his own name, and receives a certain sum per cent for the operation.
This is said to be a branch of great profit to the Flemish merchants, and that a very great number of English ships are now at sea with such papers, and I suspect even from their own manner of stating the transaction, that the ship and cargo reclaimed by the complainants are of that kind. This seems to me an abuse of the neutrality, as these fictitious profits are added to the advantage of real carriage for the belligerent nations, they make it too much the interest of neutral neighbors to foment wars and obstruct peace, that such profits may continue. And if it is to be understood as a settled point, that such papers are to protect English property, the fitters out of privateers from France, Spain, Holland, and America, will in another year be all ruined, for they will find none but Flemish ships upon the ocean.
With the greatest respect, &c.
B. FRANKLIN.