From Rawleigh Colston (unpublished)
Cape Francois, April 20, 1778
Honourable Sir

I had the pleasure of Inclosing you several letters on the 15 of February last, which were Lodged with me by a Mr. Shores of Virginia, who expected to have the honour of delivering them in person, had not some accident oblidged him to return to America. I got the Favour of a French Gentleman here to Inclose them to his Friend in Nantz, with directions to froward them to you by the safest and most Expeditious Conveyance. Considering you Sir as the Representative of America, I must beg your Advice in a matter that Concerns me as Agent for the Common wealth of Virginia in this Island. The impropriety of Trusting a Large Share of property in the hands of men whose Characters and language they were unacquainted with, Induced the Governor and Council of Virginia to appoint me their Agent at this place, as well for the purpose of Receiveing a Large Quantity of Goods order’d from France, as for disposing of such Cargoes as might be sent to my Address, on Account of the State I arrived here in December Last, and was much Supprised to find myself Involved in difficulties which were tantamont to a Total prohibition of our Trade. I was denied the Reasonable priviledge of buying and Selling in my own Name, and Compelled to Connect myself with a French Merchant, at the Expenc[e] of half my Commissions. This I am told is grounded on the Laws of France, which prohibits all Foreigners from Establishing themselves in her dominions. I presumed from the Friendly disposition of France in respect to America, that these restrictions, which I imagine were Intended to exclude their Natural Enemies, might be Suspended as to our Agents, I therefore presented a Petition to his Excellency to this effect, who was pleased to say that the laws were such, and that it was not in his power to deviate from them. As the Interest of the Common wealth and a great number of private Merchants, with whome I had Establish’d a Corrispondence before I left the continent, require my continuance here, I determined to Submit to the Loss of my commissions and every other Inconvenience, till I could be Inform’d whether there was a possibility of procuring redress. The connection I have formed here in the commercial way, is with a Gentleman of the first character and Influence—if no accident should seperate us, I promise myself much Satisfaction in his acquaintance and friendship, there is one thing more Sir, I must beg Leave to mention, as it strikes at the very foundation of my business and without redress must infalliably distroy my Credit and Interest, both here and at home—this Sir, is that Law of France called the Droit d’aubaine, which subjects the property of Foreigners to Confiscation to the Kings Use. As Considerable sums of money both publick and private property, now are, and will be placed in my hands Occasionly, it would be an extreme hardship that this should fall into the hands of the Vacante, or officers who seize on the goods of deceased Strangers. This I am Informed would be the case, and I appeal to you Sir, wether this Single circumstance is not sufficient to distroy the Credit of any Foreigner—for my part, I shall cover the property in my Custody, by the friendly Assistance of a Gentleman of Character and Integrity, till I can have the honour of receiveing your advise. The Important station which you hold in the affairs of America, and fill with so much honour and dignity, gives me the fullest Assureance Sir, that you could enfluence with ease a temporary Exemptation in these respects, in favour of those agents who are under similar circumstances. Should you honour me Sir, with your notice I shall want Language to Express that sense of gratitude which such an Obligation must confer, and in this case I must beg the favour that your secretary be directed to use the Address of Messrs.   Plombary & Co. of this place. Should you think proper Sir, to favour me with any commands for America, I shall avail myself of the most safe and Expeditious conveyance, which happen twice or thrice a week from this place.

I am Sir, with the highest Respect and veneration your most Obedient Servant

Rawleigh Colston

Benjamin Franklin Esqr.
(A Triplicate)
Endorsed: Colston Cape françois June 10 1778
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