ESS.

Office of Foreign Affairs, November 6th, 1781.

Sir,

I do myself the honor to submit to Congress a letter to the Minister
of France, which covered their resolutions of the 28th of October, his
answer thereto, and the draft of a letter in reply to his. As the last
implies a promise on the part of Congress, I did not think myself
authorised to send it without their approbation.

Congress will observe, that I endeavor to wave a question, which
perhaps it might have been imprudent to answer by a direct avowal of
the propriety of the resolution, or in the present circumstances to
yield in express terms. By seeming to slight matters of mere ceremony,
we may avoid troublesome discussions in future, and teach the old
world by the example of the new to get rid of a clog, which too often
fetters the most important transactions. I take the liberty to submit
to Congress the propriety of directing in the next vote, which they
shall have occasion to pass, in which France and America, or their
Sovereigns, are mentioned, the preference to be given to the first,
and so that we may seem to have established no rule on a subject of so
little moment as rank or precedence.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

* * * * *

ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.

Office of Foreign Affairs, November 21st, 1781.

Sir,

Finding by frequent applications from the French Islands, that their
Courts of Admiralty are not fully acquainted with the resolutions of
Congress, passed the 14th of October, 1777, which vest in the captors
the property of such of the enemy's vessels as are taken by their
mariners; and being called by the letter, a copy of which I do myself
the honor to enclose, to attend particularly to the case of Captain
Jones and his crew, I must beg, Sir, that you will do me the favor to
recommend it to the notice of the General and Commander in Chief of
the French Leeward Islands, for whose use I enclose a certified copy
of the above mentioned resolutions of Congress, presuming that the
Court of Admiralty will pay some respect to them in their decisions,
though they may not be strictly agreeable to the rules they have
adopted, since it would be highly disadvantageous to both nations to
have that considered as lawful prize in one port, which is not so in
another