Pierre Rïou and Thomas Pickerin to the American
Commissioners
Copy: American Philosophical Society
<Brest, December 23, 1778, in French and in the third person:
Thomas Pickerin, captain of the Hampden, recaptured La Constance,
took it into Brest, and, in accordance with the marine
ordinance of 1681, addressed himself to Rïou within twenty-four
hours. Captain Moodey of the prize ship was in attendance,
and two Frenchmen from on board the ship were also
questioned by admiralty judges. The legitimacy of the capture
was established by these formalities, and Pickerin and Rïou
considered their legal obligations fulfilled. They believed they
were following the precedent set by Captain Jones, who had
been allowed to sell his prize. Pickerin therefore gave Rïou
power of attorney to sell the ship and all its goods. The buyers,
Lestume and Coquillon, took possession on October 16
and proceeded to unload and sell the cargo right under the
eyes of the admiralty. Pickerin, receiving payment in cash and
negotiable effects on October 18, shared the proceeds with his
crew and set out on another cruise. All was peaceful until Rïou
was notified on October 22 that the admiralty’s September 27
ruling on the procedures for selling ships and cargo applied to
Pickerin. After calming down the angry buyers by assuring
them that all parties had been acting in good faith and that
they could continue to sell off the goods, Rïou had written to
the commissioners for aid, but received no answer. The admiralty
officials on December 5 sequestered the prize ship and
its contents, and even forced the buyers to show them where
the resold goods had been taken. The buyers turned to the
Council of Prizes for help, but so did Arnaud de Lavau of
Bordeaux, a representative of the original owners who sought
to recover La Constance for themselves. Since the ship had
been taken by the English, how could it any longer be the
property of the original owners, and how could they hope to
recover it? If the Hampden had been French, the retaking of it
would certainly have been valid. Pickerin, who is back with
two new prizes, fears Lestume and Coquillon may take them
away from him. Will the commissioners please sustain the interests
of their countrymen and use their power for those
people depending on them?>
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