The Diplomatic Correspondence of the American Revolution, Vol. 03
History
The Diplomatic Correspondence of the American Revolution, Vol. 03
United States -- Foreign relations -- 1775-1783; United States -- History -- Revolution, 1775-1783 -- Sources
I received the letter your Excellency did me the honor of writing to
me this day enclosing a Memorial,[28] which relates to the interests
of some subjects of the Emperor, residing at Ostend, who allege that a
ship of theirs has been taken by an American privateer, and carried
into Boston, on pretence that the property was English, &c. I shall
immediately transmit the Memorial to Congress, as desired. But there
being Courts of Admiralty established in each of the United States, I
conceive, that the regular steps to be taken by the complainants would
be an application for justice to those Courts by some person on the
spot, duly authorised by them as their agents, and in case the
judgment of the Court is not satisfactory, that then they appeal to
the Congress, which cannot well take cognisance of such matters in the
first instance.
[28] See this Memorial in Franklin's Works, Vol. V p. 122
The merchants of Ostend may possibly not have as yet correspondents
established in all the States, but any merchant of credit in the
country would transact such business on receiving their request, with
the proper power of attorney; or if His Imperial Majesty should think
fit to appoint a Consul General to reside in those States, such an
officer might at all times assist his compatriots with his counsels
and protection, in any affairs that they might have in that country. I
am the more particular in mentioning this to your Excellency, because
I apprehend these cases may hereafter be frequent, and if the
complaints are to be addressed to you and me, we are likely to have a
great deal of trouble, as I am informed that it is become a daily
practice for outward bound English ships to put into Ostend, make a
formal pretended sale of ship and cargo to a merchant of the place,
who furnishes imperial papers for the voyage under his own name, and
receives a certain sum per cent for the operation.
This is said to be a branch of great profit to the Flemish merchants,
and that a very great number of English ships are now at sea with such
papers, and I suspect even from their own manner of stating the
transaction, that the ship and cargo reclaimed by the complainants are
of that kind. This seems to me an abuse of the neutrality, as these
fictitious profits are added to the advantage of real carriage for the
belligerent nations, they make it too much the interest of neutral
neighbors to foment wars and obstruct peace, that such profits may
continue. And if it is to be understood as a settled point, that such
papers are to protect English property, the fitters out of privateers
from France, Spain, Holland, and America, will in another year be all
ruined, for they will find none but Flemish ships upon the ocean.
With the greatest respect, &c.
B. FRANKLIN.
* * * * *
ROBERT R. LIVINGSTON TO B. FRANKLIN.
Philadelphia, January 23d, 1782.
Dear Sir,
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