pon the most mature deliberation have recommended to their attention.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Office of Foreign Affairs, February 21st, 1782.

Sir,

I do myself the honor to lay before Congress the enclosed note from
the Minister of France, a letter from the Marquis de Bouille with
translations of both, and the proceedings of the Council of Assembly
of Dominique; all of which relate to the case of the ship Resolution's
cargo, part of which was adjudged lawful prize by the sentence of the
Court of Appeals; and the case of the brigantine Eeirsten and her
cargo, which was also adjudged lawful prize by the said Court.[21]

The case of the ship Resolution, as far as I have been able to learn,
was simply this, she was a Dutch vessel, freighted on account of
capitulants at Dominique, and bound for Holland, agreeably to the
seventh Article of the capitulation. She was taken by a British ship,
retaken by one of our privateers, and condemned by the Court of
Admiralty of this State, whose decree was reversed and the ship and
cargo acquitted, except a small part of the latter, on the principle
of its not being the property of capitulants, and because, as was
alleged, it was not protected by the ordinances of Congress, approving
the principles of the armed neutrality, Great Britain and Holland
being at open war; from whence it was inferred by the Court, that the
Dutch vessel could not be considered as sufficiently neutral to
protect the property of an enemy. The papers referred to in the
memorial of the Minister of France serve to show, that the whole cargo
belonged to capitulants.

The other vessel, the Eeirsten, was purchased in London by a company
of Imperial subjects residing at Ostend, freighted in England with
British property for the use of the capitulants at Dominique. The
vessel sailed from London, and on her way to Dominique touched at the
port of Ostend, for the purpose of converting her English papers into
German. In the passage from Ostend to Dominique, this brigantine was
taken by an American privateer, carried into Boston and acquitted,
with her cargo; but the Judges of Appeals have condemned as lawful
prize, both vessel and cargo. They consider the cargo as unprotected
by the capitulation of Dominique. They conside