There were no papers relative to this transaction in this office; but among those of the Board of Admiralty, I find a letter from Dr Franklin to Francis Lewis, dated the 17th of March last, covering some inquiries on this subject, and a copy of a Concordat entered into by John Paul Jones, commanding the Bon Homme Richard; Pierre Landais, captain of the Alliance; Dennis Nicolas Cottineau, captain of the Pallas; Joseph Varage, captain of the Cerf; and Philip Nicolas Ricot, captain of the Vengeance; by which, among other things, they agree to divide their prizes, agreeably to the American regulations, as they sailed under American colors and commissions; and constituted M. Chaumont their agent to receive and distribute the prize money in behalf of the crew of each ship, and to be answerable for it in his own private name.
From Dr Franklin's letter, it appears that the whole of the prizes belonged to the captors; that the King offered to purchase the ships of war they had taken, according to an established rate; that the seamen objected to it, and chose they should be sold at vendue; that this occasioned a delay in the sale; that he does not know the amount of the value of the prizes, nor whether they were distributed, which he considers as a private transaction between the officers and crews of the ships and M. Chaumont.
From this state of facts, Congress will judge if anything more can be done relative to the claim of three of the petitioners to their share of the value of the prizes, (the fourth being out of the question) than to assist them in the mode of authenticating the evidence of their being entitled thereto, and to forward it with powers of attorney to the Consul of the United States in France. This I will readily do for them, and write to Mr Barclay on the subject, without any express direction from Congress, when the petitioners shall call at this office.
I have the honor to be, &c.
ROBERT R. LIVINGSTON.
TO ROBERT SMITH, COMMERCIAL AGENT AT HAVANA.
Philadelphia, February 26th, 1782.
Sir,
Your letter to the Superintendent of Finance was received, and referred by Congress to this office, when upon mature deliberation it was determined for various political reasons, not to recommend the issuing of any commissions for letters of marque, or reprisals from any of the Spanish Islands. Congress having considered these reasons, came into this view, and passed the resolution, which I enclose in pursuance of their orders.