r the vessel as carrying
on a trade advantageous to the enemy, in contravention to the
seventeenth Article of the capitulation; that she forfeited the right
of neutrality by not showing an exact _impartiality_ to the
belligerent powers; and because she had false and colorable papers on
board, with a view to give the cargo the appearance of neutral
property. They allow, that a vessel under their circumstances is to be
considered as an enemy's, and that by the law of nations, they should
be subject to seizure and confiscation. They consider the cargo as
unprotected by the laws of Congress, because (as they affirm) this
vessel cannot be thought to be strictly _neutral_, that Congress meant
to pay a regard to _right_ of neutrality, that the _right of
neutrality_ only extends _protection_ to the effects and goods of an
enemy in neutral bottoms, not engaged in the violation of this right.
I have sent the seventh and seventeenth Articles of the capitulation
for the information of Congress.

From this statement Congress will judge of the expediency of directing
a rehearing in both cases. In the first, it seems to be dictated by a
regard for justice upon the new proofs. And in the second, the
reasoning, which determined the Court, does not appear to be so
conclusive as to render it improper in so intricate a case, more
particularly as our situation with respect to the Emperor is
peculiarly delicate; from which consideration, as well as from the
respect which is due to the representation of the Minister of his Most
Christian Majesty, I am humbly of opinion that a rehearing ought to be
granted, and that in the meanwhile the officers of the Court should be
directed to retain in their hands the proceeds of the vessel and
cargo.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

FOOTNOTES:

[21] See an account of these ships in _M. de la Luzerne's
Correspondence_, above, pp. 66-72.

* * * * *

REGULATIONS FOR THE DEPARTMENT OF FOREIGN AFFAIRS.

In Congress, February 22d, 1782.

On the report of a committee, consisting of Mr Ellery, Mr Randolph,
and Mr Eveleigh, to whom was referred a letter of the 25th of January,
from the Secretary of Foreign Affairs respecting his department,

Resolved, that the Department of Foreign Affairs be under the
direction of such officer as the United States, in C