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Subject Area: Political Theory
Topic: The American Revolution and Constitution

THE COMMISSIONERS TO M. DE SARTINE. - John Adams, The Works of John Adams, vol. 7 (Letters and State Papers 1777-1782) [1852]

Edition used:

The Works of John Adams, Second President of the United States: with a Life of the Author, Notes and Illustrations, by his Grandson Charles Francis Adams (Boston: Little, Brown and Co., 1856). 10 volumes. Vol. 7.

Part of: The Works of John Adams, 10 vols.

About Liberty Fund:

Liberty Fund, Inc. is a private, educational foundation established to encourage the study of the ideal of a society of free and responsible individuals.


THE COMMISSIONERS TO M. DE SARTINE.

Sir,

Your Excellency’s letter of the 29th of July, inclosing a plan for a system of regulations for prizes and prisoners, we had the honor of receiving in due time, and are very sorry it has remained so long unanswered.

In general, we are of opinion, that the regulations are very good; but we beg leave to lay before your Excellency the following observations:—

Upon the second article we observe, that the extensive jurisdictions of the judges of admiralty in America, which, considering the local and other circumstances of that country, cannot easily be contracted, will probably render this regulation impracticable in America. In France, it will, as far as we are able to judge of it, be very practicable, and consequently beneficial. But we submit to your Excellency’s consideration, whether it would not be better in America after the words “les dits Juges1 to add,—or the register of the court of admiralty, or some other person authorized by the judge. The jurisdictions of the courts of admiralty in America, extending for some hundreds of miles, this regulation would be subject to great delays and other inconveniences, if it was confined to the judge.

The fourth article seems to be subject to the same inconveniences, and, therefore, to require the same amendment.

Upon the fourteenth article, we beg leave to submit to your Excellency’s consideration, whether the heavy duties upon British merchandise and manufactures, if these are to be paid upon prize goods, will not operate as a great discouragement to the sale of prizes made by American cruisers; and whether it would not be consistent with his Majesty’s interest to permit merchandises and manufactures, taken in prizes made by Americans, to be stored in his Majesty’s warehouses, if you please, until they can be exported to America, and without being subject to duties.

We know not the expense that will attend these regulations and proceedings in the courts of this kingdom; but as the fees of office in America are very moderate, and our people have been accustomed to such only, we submit to your Excellency, whether it will not be necessary to state and establish the fees here, and make the establishments so far public, that Americans may be able to inform themselves.

As we are not well instructed in the laws of this kingdom, or in the course of the courts of admiralty here, it is very possible that some inconveniences may arise in the practice upon these regulations, which we do not at present foresee; if they should, we shall beg leave to represent them to your Excellency, and to request his Majesty to make the necessary alterations.

We submit these observations to your Excellency’s superior wisdom, and have the honor to be, with sentiments of the most perfect respect, your Excellency’s most obedient and most humble servants,

Arthur Lee,

John Adams.

Dr. Franklin concurs with us in these sentiments, but as he is absent, we are obliged to send the letter without his signature.

[1 ]This article required the judge personally to visit all the prizes, and to place seals upon the property.