cap. Landais, et qui ont été conduites à Bergen, savoir, the Betsey de Liverpool et l'Union de Londres, sa majesté lui a accordé cette demande, sur le fondement qúelle n'a pas encore reconnue l'Independance des colonies associées contre L'Angleterre, et parceque ces batiments à cause de cela, ne peuvent pas être regardés comme bonnes et légitimes prises; c'est pourquoi les dits deux navires seront sans retardement declarés libres, et auront la liberté de partir avec leur chargements."

TRANSLATION.

"The English minister having insisted on the restitution of two vessels which had been taken by the American privateer called the Alliance, commanded by captain Landais, and which were brought into Bergen, viz. the Betsey of Liverpool, and the Union of London; his majesty has granted this demand, on this account, because he has not as yet acknowleged the independence of the colonies associated against England, and because that these vessels for this reason cannot be considered as good and lawful prizes; therefore the said two ships shall be immediately liberated and allowed to depart with their cargoes."

By a subsequent letter from the same consul, I am informed, that a third prize belonging to the United States, viz. the Charming Polly, which arrived a Bergen, after the others, has also been seized and delivered up in the same manner, and that all the people of the three vessels, after being thus stript of their property (for every one of them had an interest in the prizes) were turned on shore to shift for themselves, without money, in a strange place, no provision being made for their subsistence or for sending them back to their country. Permit me, sir, to observe on this occasion, that the United States of America, have no war but with the English; they have never done any injury to other nations, particularly none to the Danish nation. On the contrary they are in some degree its benefactors, as they have opened a trade of which the English made a monopoly, and of which the Danes may now have their share; and by dividing the British empire, have made it less dan

gerous to its neighbors. They conceived that every nation whom they had not offended, was by the rights of huma nity their friend; they confided in the hospitality of Denmark, and thought themselves and their property safe when under the roof of his Danish majesty. But they find themselves stript of that property, and the same given up to their enemies, on this principle only, that no acknowlegement had yet been formally made by Denmark of the independence of the United States: which is to say, that there is no obligation of justice towards any nation, with whom a treaty promising the same, has not been previously made. This was indeed the doctrine of ancient barbarians, a doctrine long since exploded, and which it would not be for the honor of the present age to revive, and it is hoped that Denmark will not, by supporting and persisting in this decision, obtained of his majesty apparently by surprise, be the first modern nation that shall attempt to revive it. The United States oppressed by, and in war with one of the most powerful nations of Europe, may well be supposed incapable in their present infant state of exacting justice from other nations not disposed to grant it; but it is in human nature that injuries as well as benefits received in times of weakness and distress, national as well as personal, make deep and lasting impressions; and those ministers are wise who look into futurity, and quench the first sparks of misunderstanding between two nations, which, neglected, may, in time grow into a flame, all the consequences whereof no human prudence can foresee, which may produce much mischief to both, and cannot possibly produce any good to either. I beg leave through your excellency to submit these consi

"The ancients, (says Vattel, &c.)" do not conceive themselves bound under any obligation towards a people with whom they were not connected by a treaty of friendship. At length the voice of nature was heard by civilized nations; they acknowleged all mankind as brothers." An injustice of the same kind, done a century or two since, by some English in the East Indies, Grotius tells us was not without its partisans, who anaintain, that by the ancient laws of England, no one was liable to punishment in that kingdom for outrages committed against foreigners, when no treaty of alliance had been contracted with them." But this principle he condemns in the strongest terms. History of the troubles in the Netherlands, book 16." G

derations to the wisdom and justice of his Danish majesty, whom I infinitely respect, and who I hope will reconsider and repeal the order above recited; and that if the prize, which I hereby reclaim in behalf of the United States of America, are not actually gone to England, they may be stopt and re-delivered to Mr. de Chersauld, the consul of France, at Bergen; in whose care they before were with liberty to depart for America when the season shall permit. But if they should be already gone to England, I must then claim from his majesty's equity, the value of the said three prizes, which is estimated at fifty thousand pounds sterling, but which may be regulated by the best information, that can by any means be obtained.

With great respect, &c.

B. FRANKLIN,

Minister plenipotentiary of the United States of
America at the court of France.

To Samuel Huntington, Esq. President of Congress.

SIR,

Passy, March 16, 1780.

"THE bearer of this, captain Hutchins, a native of New Jersey, but many years in the English service, has lately escaped from England, where he suffered considerably for his attachment to the American cause. He is esteemed a good officer and an excellent engineer, and is desirous of being serviceable to his country. I enclose his memorial to me, a great part of which is consistent with my knowlege, and I beg leave to recommend him to the favorable notice of congress, when any affair occurs in which his talents may be useful.

I have the honor to be, &c.

B. FRANKLIN.

Captain Hutchins's memorial.

To his excellency, Benjamin Franklin, Esquire, minister plenipotentiary from the United States of America, at the court of France.

The memorial of Thomas Hutchins, a native of New Jersey, in America, and late a captain and engineer in the British king's service:

HUMBLY SHEWETH

THAT your excellency's memorialist was in the month of August last, taken into custody by virtue of a warrant from sir John Fielding, of the city of London, in which your memorialist was charged with high treason, for having conveyed information to, and corresponded with the friends of the United States of America in France. That your memorialist was committed to and kept in Clerkenwell prison, upwards of seven weeks, loaded with irons, put among felons, and treated with every kind of severity and insult, and forbidden to see or write to his friends.

That after several long examinations at the board of trade, the British ministers thought proper to discharge him from prison, and being reduced to great distress by his pay both as captain and engineer being stopped, and being also refused payment of an account which the British government owed him, (to the amount of eight hundred and sixtynine pounds, nineteen shillings sterling) he was obliged to take lodgings in a garret, within the verge of the court. Your memorialist was offered two thousand guineas for his captain's commission; but although he had frequently petitioned to sell it from the beginning of the war between the United States and Great Britain, he was as often refused; and about three weeks before he was committed to prison, he was offered a majority in one of the new regi ments then raising, which he would not accept, as he would not bear arms against his countrymen. Therefore on the 11th of this month, (February) finding himself treated with contempt by the British officers, and despairing of obtaining liberty to sell his commission, he sent his resignation to lord Amherst, both as captain and engineer, and in a private.

manner withdrew from Great Britain and came to France entirely destitute of money; choosing rather to abandon his commission (though the whole of his fortune) and incur a loss of two thousand nine hundred and sixty nine pounds, nineteen shillings sterling (exclusive of his appointment as engineer) than continue in a service altogether irksome and painful to him. Your memorialist begs leave further to represent, that he has served with reputation as a British officer more than twenty-two years, (eighteen whereof he was constantly employed as an engineer) and that he is most anxiously solicitous of entering into the army of the United States. For these considerations, your memorialist humbly hopes, that your excellency will be pleased to recommend his request, sufferings, and losses to the honorable congress of the United States, and your memorialist as in duty bound, shall ever pray, &c. THOS. HUTCHINS.

Passy, February 27, 1780.

To James Lovell, Esq.

Passy, March 16, 1780.

DEAR SIR,

THE marquis de la Fayette, our firm and constant friend, returning to America, I have written a long letter by him to the president, of which a copy goes by this ship. M. Gerard is since arrived, and I have received the dispatches you mentioned to me, but no letter in answer to mine, a very long one by the chevalier de la Luzerne, nor any acknowlegement that it came to hand.

By the many newspapers and pamphlets I send, you will see the present state of European affairs in general. Ireland continues to insist on complete liberty, and will probably obtain it. The meetings of counties in England, and the committees of correspondence they appoint, alarm a good deal the ministry, especially since it has been proposed to elect of each committee, a few persons to assemble in London, which if carried into execution, will form a kind of congress, that will have more of the confidence