coast of Great Britain, it is computed that between, four and five hundred prisoners have been made and set at liberty, either on their landing in France, or at sea, because it was understood that we could not keep them confined in France. When Captain Wickes brought in at one time near a hundred, we proposed to Lord Stormont an exchange for as many of ours confined in England; but all treaty on the subject was rudely refused, and our people are still detained there, notwithstanding the liberal discharges made of theirs, as above-mentioned. We hear that Captain Jones has now brought into Brest near two hundred, whom we should be glad to exchange for our seamen, who might be of use in expeditions from hence; but as an opinion prevails, that prisoners of a nation with which France is not at war, and brought into France by another power, cannot be retained by the captors, but are free as soon as they arrive, we are apprehensive that these prisoners may also be set at liberty, return to England, and serve to man a frigate against us, while our brave seamen, with a number of our friends of this nation, whom we are anxious to set free, continue useless and languishing in their jails.

In a treatise of one of your law writers, entitled Traité des Prises qui se font sur Mer, printed 1763, we find the above opinion controverted, p. 129, § 30, in the following words:"Hence it seems that it is not true, as some pretend, that from the time a prisoner escapes, or otherwise reaches the shore of a neutral power, he is absolutely free. It is true, he cannot be retaken without the consent of that power, but such a power would violate the laws of neutrality if it should refuse its consent. This is a consequence of the asylum of the ship in which the prisoner or hostage was contained."

We know not of what authority this writer may be, and, therefore, pray a moment of your Excellency's attention to this matter, requesting your advice upon it, that, if it be possible, some means may be devised to retain these prisoners, till as many of ours can be obtained in exchange for them.

TO THE COMMITTEE OF COMMERCE.

Passy, 24 May, 1778. GENTLEMEN,I find that the American affairs on this side. of the Atlantic are in a state of disorder, very much resembling Vthat which is so much to be regretted on the other, and arising, as I suppose, from the same general causes, the novelty of the scenes, the inexperience of the actors, and the rapidity with which great events have succeeded each other. Our resources are very inadequate to the demands made upon us, which are perhaps unnecessarily increased by several irregularities of proceeding.

We have in some places two or three persons, who claim the character of American agent, agent for commercial affairs, and continental agent, for they are called by all these different appellations. In one quarter, one gentleman claims the character from the appointment of Mr. William Lee; another claims it from the appointment of the Commissioners at Passy; and a third from the appointment of the Commercial Committee of Congress. This introduces a triple expense, and much confusion and delay. These evils have been accidental, I believe, and unavoidable, but they are evils still, and ought to be removed.

One person at Bordeaux, another at Nantes, and a third perhaps at Havre de Grace or Dunkirk, would be amply sufficient for all public purposes, and to these persons all orders from congress, or the commercial committee, or the commissioners at Paris, ought to be addressed. To the same persons all public ships of war, and all other ships belonging to the United States, and their prizes, ought to be addressed; and all orders for the supplies of provisions, clothing, repairs of vessels, &c., as well as all orders for shipping of merchandises, or warlike stores for the United States, ought to go through their hands. We have such abuses and irregularities every day occurring as are very alarming. Agents of various sorts are drawing bills upon us, and the commanders of vessels of war are drawing upon us for expenses and supplies which we never ordered, so that our resources will soon fail, if a speedy stop is not put to this career.

And we find it so difficult to obtain accounts from agents of the expenditure of moneys, and of the goods and merchandises

shipped by them, that we can never know either the true state of our finances, or when and in what degree we have executed the orders of congress for sending them arms, clothes, medicines, or other things.

In order to correct some of these abuses, and to bring our affairs into a little better order, I have constantly given my voice against paying for things we never ordered, against paying persons who have never been authorized, and against throwing our affairs into a multiplicity of hands in the same place. But the consequence has been so many refusals of demands and requests, that I expect much discontent will arise from it, and many clamors. Whether the appointment by congress of one or more consuls for this kingdom would remedy these inconveniences, I must submit to their wisdom.

I have the honor to be, &c.

JOHN ADAMS.

M. DE SARTINE TO THE COMMISSIONERS.

Marly, le 6 Juin, 1778.

Je suis informé, Messieurs, que le sieur Bersolle, après avoir fait des avances assez considérables au Capitaine Jones, commandant la frégate des États Unis de l'Amérique, le Ranger, s'est fait donner par ce capitaine une lettre de change dont vous avez refusé de faire acquitter le montant. Comme le Sieur Bersolle se trouve par là dans l'embarras, et que vous sentirez sans doute qu'il est intéressant pour la conservation de votre crédit qu'il en soit tiré promptement, je suis persuadé que vous ne différerez pas de faire payer non seulement la lettre de change dont il s'agit, mais encore ce qui est dû par le Capitaine Jones, à la caisse de la marine à Brest, tant pour les effets qui lui ont été délivrés des magasins du roi, que pour sa subsistance personelle et celle de son équipage. Sur ce qu'il a représenté que les gens de son équipage avoient pillé du navire, le Chatham, beaucoup d'effets, dont une partie, consistant en argenterie, avoit été vendue à un Juif, il a été pris des informations au moyen desquelles l'argenterie et d'autres effets ont été retrouvés; mais le tout a été en dépôt pour y rester, jusqu'à ce que le capitaine soit en état de rembourser ce qui a été payé pour ces effets.

Je pense, au surplus, qu'il est à propos que vous soyez informés

que ce capitaine, qui s'est brouillé avec son état major et avec tout son équipage, a fait mettre en prison le Sieur Simpson, son second. Vous jugerez, peut-être, à propos de vous procurer les éclaircissemens nécessaires pour savoir si ce principal officier s'est mis dans le cas de subir une pareille punition.

J'ai l'honneur d'être avec la plus parfaite considération, messieurs, votre très humble et très obéissant serviteur,

DE SARTINE.

THE COMMISSIONERS TO M. DE SARTINE.

Passy, 15 June, 1778.

SIR,- We beg leave to inform your Excellency, in answer to the complaint of M. Bersolle, that he had formerly taken the liberty himself to draw on our banker for advances made to Captain Jones before his last cruise, and was much displeased that his draught was refused payment. We acquainted him then with the reason of this refusal, namely, - that he had sent us no accounts of his disbursements or advances, by which we might judge whether his draft was well founded; and he had never any permission to draw on our banker. However, afterwards, when we had seen his accounts, payment was made to him.

In the present case, it is said, he has advanced to Captain. Jones a thousand louis, immediately on his arrival, for which the Captain has drawn on us in M. Bersolle's favor. But as Captain Jones had not previously satisfied us of the necessity for this advance, nor had our permission for the draft, his bill was also refused payment. And as Captain Jones writes us, that, upon the news of our refusal, he was reduced to necessity, not knowing where to get victuals for his people, we conclude that the advance was not actually made, as it is impossible he should, in so short a time, have spent so large a sum. And we think it extremely irregular in merchants to draw bills before they send their accounts, and in captains of ships of war to draw for any sums they please without previous notice and express permission. And our captains have the less excuse for it, as we have ever been ready to furnish them with all the necessaries they desired, and Captain Jones in particular has had of us near

a hundred thousand livres for such purposes, of which twelve thousand was to be distributed among his people to relieve their necessities, the only purpose mentioned to us for which this draft was made, and which we thought sufficient. If this liberty assumed of drawing on us, without our knowledge or consent, is not checked, and we are obliged to pay such drafts, it will be impossible for us to regulate our own contracts and engagements so as to fulfil them with punctuality, and we might in a little time become bankrupts ourselves. If, therefore, M. Bersolle has brought himself into any embarrassment, it is not our fault, but his. We are ready to discharge all debts we contract; but we must not permit other people to run us in debt without our leave; and we do not conceive it can hurt our credit if we refuse payment of such debts.

Whatever is due for necessaries furnished to Captain Jones by the Caisse de la Marine, at Brest, either from the magazine, or for the subsistence of his people, we shall also readily and thankfully pay as soon as we have seen and approve of the accounts; but we conceive that, regularly, the communication of accounts should always precede demands of payment.

We are much obliged by the care that has been taken to recover the goods pillaged from the Chatham, and we think the charges that have arisen in that transaction ought to be paid, and we suppose will be paid, out of the produce of the sales of that ship and her cargo.

We understand Lieutenant Simpson is confined by his captain for breach of orders; he has desired a trial, which cannot be had here, and, therefore, at his request, we have directed that he should be sent to America for that purpose.

We shall be obliged to your Excellency for your orders to permit the immediate sale of the Chatham and other prizes; that the part belonging to the captors may be paid them, as they are very uneasy at the delay, being distressed for want of their money to purchase clothing, &c., and we wish to have the part belonging to the Congress, out of which to defray the charges accruing on the ships. The difficulties our people have heretofore met with in the sale of prizes, have occasioned them to be sold, often for less than half their value. And these difficulties not being yet quite removed, are so discouraging, that we apprehend it will be thought advisable to keep our vessels