Chapter M: De Sartine to the Commissioners

Translation.

Marly, October 19th, 1778.

Gentlemen,

I have received the two letters, with which you have honored me on the subject of the claims of Mr Izard to goods captured in the Nile. I observed to you, in my letter of the 17th inst. that the government could only interfere when the laws were insufficient; and that its interposition would be misplaced, when they were plain and precise. You must feel all the justice of this principle better than any person whatever, and I do not doubt that cases may occur in which you may yourselves appeal to it.

The capture of the Nile, and of her cargo, has been declared good. To order a particular restitution, and deprive the captors of property, which they have acquired provisionally at least, would be an interference of the government with the laws, and would introduce a dangerous precedent in the proceedings established by his Majesty relative to prizes. The more firmly you are convinced that the claims of Mr Izard are conformable to the treaty, the more ready you should be to believe, that they will be favorably received, and the expenses of a suit are inconsiderable. It is true, that they might have been avoided, if Mr Izard's property had been shown before the first sentence, because then it would only have been necessary to prove the property, which seems to me indisputable; but in the present state of things I am sorry that it is impossible for him to avoid the necessary forms, to which his Majesty has subjected his allies, as well as his own subjects.

I have the honor to be, &c.

DE SARTINE.

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TO RALPH IZARD.

Passy, October 22d, 1778.

Sir,

We have just now the honor of a letter from M. de Sartine, dated the 19th, which we suppose is his Excellency's ultimatum concerning your effects taken in the Nile, and we therefore take the earliest opportunity to enclose you a copy of it, that you may be able to take your measures in consequence of it, in which we suppose there is no time to be lost.

We have the honor to be, with great respect, Sir, yours, &c.

B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.

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