SIR,

To the count de Vergennes.

Passy, January 18, 1782.

I RECEIVED the letter your excellency did me the honor of writing to me this day, enclosing a memorial 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 authorized 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. 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 assit 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 to 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 sail 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

R

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 added to the advantage of real carriage for the belligerent nations, they make it too much the interest of neutral neighbours 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.

SIR,

Count de Vergennes to Dr. Franklin.

February 24, 1782.

YOU will find enclosed an official dispatch which has been sent me from the court of Copenhagen, respecting some excesses that are said to have been committed near the coast of Norway by three American vessels. I make no doubt but that you will take the earliest opportunity to transmit it to congress, that they may decide agreeably to the principles of the laws of nations upon the claim of his Danish majesty.

I have the honor, &c.

DE VERGENNES.

[TRANSLATION.]

MEMORIAL

From the court of Copenhagen, complaining of irregularities of American armed vessels.

THREE American vessels, one of which was three masted, and called the Norfolk, captain Lines, and two brigs the Ariel, captain Maller, and the Virginia, captain Hodsheadson, all three armed in Philadelphia, committed a most grievous outrage on the second December last, on the coast of Norway, where they seized two English mer

chantmen and burnt them, after plundering them and sending away their crews. The circumstances are more particularly detailed in the protest inclosed, made on the spot. It has moreover been proved by the report of his Danish majesty's grand bailiff at Christiansand, that the aforesaid American vessels having anchored in the port of Fleckeroe, before their meeting with the Englishmen, and displayed French colors, he had asked of the French consul information respecting their sea papers, and that the latter on examining their contents, declared that they were not furnished with any letters of marque on the part of congress. Their conduct proves this also in having burnt their prizes, notwithstanding the offers of ransom made them by the English captains. It therefore follows, that they can only be considered as pirates, whose crimes are greatly aggravated by a manifest infraction of his Danish majesty's territorial rights.

The undersigned, his envoy extraordinary has received precise orders to communicate these particulars to his excellency, the count de Vergennes, requesting with every possible confidence the intervention of his most christian majesty with the United States of America, to effect not only the punishment of the guilty persons, but also to obtain an indemnification for the vessels and cargoes that were burnt, of which an exact statement shall be furnished; and this satisfaction is due to repair the excesses committed on his majesty's territory.

Paris, February 6, 1782.

COPY.

DE BLOOME.

I Frederick Fridrick, royal judge of the bailiwick of Mandahl, declare, that on the 4th day of December, 1781, was held at the house of madame Benl Biornsen, at Mandahl, an extraordinary tribunal, consisting of a sufficient number of justices, where appeared the Sieur Frederic Giertsen, the English vice consul of this place, who declared, that in consequence of the extraordinary violence committed on Sunday last, the 2d December, on the coasts

of this place near the shoals, by three American vessels, on two English vessels, to wit; the brig Constant Ann, commanded by captain Charles Lines, of Yarmouth, and the brig Elliot, captain David Ray, of Kirkaldy, near Leith'; which Americans not only pillaged the English vessels and set them on fire, so as to consume them, but likewise chased on shore the English captains and their crews in their boats, who have arrived here at the appellants, who has therefore appeared this day to obtain a juridical deposition, in order to explain this circumstance.

For this purpose the Sieur Giertsen, has presented the two English captains with their crews, to wit; Charles Lines, captain, Royal Simonds, pilot, William Goldsmith, William Fairweather, William Urquhart and Thomas Reiley, sailors; next David Ray, captain, Francis Banks, pilot, Robert Swain, carpenter, William Nackles, boatswain, William Abercrombie, Alexander Benny, Alexander Pearson, David Forresdale, John Harper, and James Stark, seamen ; when the said English captains Lines and Ray, presented their reports respecting the violence committed against them, set forth in the English language, and translated into the Danish as follows:

REPORT of what passed on board the Brig Elliot, belonging to Kirkaldy, commanded by captain David Ray, coming from Petersburg, loaded with hemp, flax, iron, tallow, plank and other merchandize, destined for Leith.

On the 2d December, 1781, at half past 11 o'clock in the morning, we left the port of Kleven, near Mandahl, and set sail with fine weather; wind at north east, accompanied by the brig the Constant Ann, of Yarmouth, Charles Lines, captain; bound on her way from Stockholm home. Being without the shoals, we sent off the coasting pilot about half past twelve. In about three quarters of an hour after the pilot left us, we saw three vessels coming towards us with a pressing sail, the brig Constant Ann was then about an English mile a stern of us, These three vessels endeavored all that lay in their power to run close in with the shoals, in order to prevent our gaining the port, We saw

that one of them was a vessel with three masts, and the two others brigs. As soon as they came near us they furled their small sails; one of the brigs run along side, and hailing us, asked from whence we came, and ordered us to follow them immediately; after which they sent a boat on board of us with people and a prize officer, who told us that our vessel and cargo was a lawful prize to the American congress. Our captain was afterwards ordered to go into the boat, to go on board the privateer, which carried eighteen guns. The captain of the privateer having examined my papers, immediately ordered me, David Ray, to return on board my vessel the Elliot. I repeatedly requested him to ransom the vessel and cargo, but he positively refused, saying that he would not on any account.

On my return on board my vessel, I was very badly treated by the American officer and crew then on board her, who had already cut to pieces and destroyed every thing they came across, taken the sails from the yards, and cut the cables from the anchors, which they carried on board the privateer, they cried out altogether, you rascals and bougres, get into the boat, or we will sink her, and burn you up with the vessel and cargo. We were accordingly obliged to leave the vessel, without taking with us the most trifling article, excepting the poor clothes we had on our backs. When this happened we were about two or three English miles N. N. E. of Koe and Kalv near Kleven. We arrived in the greatest distress with the boat at Kleven, about seven o'clock in the evening. The crew of the privateer told us, that their vessel belonged to Philadelphia, that they had letters of marque from congress, and that they were from Maelstrand in Sweden; they shewed English colors, but would neither tell the names of their vessels, nor captains. On our arrival ashore, we found that they had set fire to our vessel, as well as the Constant Ann, which were not very far from each other, and they burnt till midnight, when one of them disappeared.

DAVID RAY.