"ARTICLE 17th. The merchants of the Island may receive vessels to their address from all parts of the world, without their being confiscated, and they may sell their merchandise, and carry on their trade; and the port shall be entirely free, for them for that purpose, paying the customary duties paid in the French Islands.
"Granted, until the peace, English vessels excepted."
ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.
Office of Foreign Affairs. February 20th, 1782.
I was yesterday honored with your note, covering the papers, which relate to the ship Resolution's cargo, and the brigantine Eeirsten's. With respect to the first, I believe there is little doubt, that that part of the cargo, which is condemned would be acquitted upon a rehearing, and proving, that it was the property of capitulants. The case of the brigantine is much more intricate, and carries strong marks with it of a fraudulent design to protect British property, contrary to the spirit of the capitulation. One of the Judges who condemned this vessel assures me, that there was strong proof, that the cargo belonged to British owners, even after she parted from Ostend, nor was there any evidence that the bottom was neutral. The capitulation does not certainly tend to cover any other property of the capitulants, but that which should be shipped from the Island, or to the Island from a neutral port, otherwise its trade with Britain would stand upon the same footing as it did before the capture. However, I have not had such a view of facts, as will enable me to give an opinion upon the subject, and if I had it would not fall within my department to determine upon it.
The line in which justice will most speedily be done, will be for the parties who conceive themselves aggrieved to petition Congress for a rehearing. If, Sir, you shall approve it, I will lay before them your note, with the papers annexed, and my opinion thereon. I doubt not, that they will readily adopt such measures as are most consistent with justice, and the respect they will feel for your recommendation.
I have the honor of informing your Excellency, that I am about to take a journey to Virginia, and shall probably be absent some weeks. M. de Marbois will remain here during this interval, as _Chargé d'Affaires_ of his Majesty. Be pleased to honor him with your confidence, in case that circumstances shall render it necessary for him to make any communication to Congress.