The American Commissioners to Sartine
AL (draft): Massachusetts Historical Society; copies: National Archives
(three)
<Passy, September 17, 1778: We received today your letter of
the sixteenth relative to the recapture of the Isabelle. We agree
with your Excellency’s sentiments on reciprocity between the
two nations. Unfortunately we have no access here to United
States’ law. A copy of your letter and our answer will be sent
to Congress and we assume Congress will extend to French
privateers the advantages enjoyed by our privateers here. In
the present case, depending as it does on a narrow construction
of piracy and on a departure from the spirit of the laws of
nations, we think it ill-advised of the owner to enter litigation.
We question the applicability of the royal ordnance of 1681:
the Guernsey privateer was commissioned by the British king
to cruise against American vessels and while no formal declaration
of hostilities exists between England and France, these
nations have in effect been at war since the mutual withdrawal
of ambassadors. If it is admitted that the two nations are at
war, it would be without precedent to judge the subjects of
either one guilty of piracy for acts of hostility committed at
sea against the other.>
630618 = 027-415a.html