Franklin a demand
against the United States of America. He, being acquainted with the
circumstances of the demand, and knowing it to be unfounded, refused
to pay it. They thereupon procured seizure, by judiciary authority, of
certain arms and other military stores which we had purchased in this
country, and had deposited for embarkation at Nantes: and these
stores have remained in that position ever since. Congress have lately
instructed me to put an end to this matter. Unwilling to trouble your
Excellency, whenever it can be avoided, I proposed to the parties to
have the question decided by arbitrators, to be chosen by us jointly.
They have refused it, as you will see by their answers to my letters,
copies of both which I have the honor to enclose you. I presume it to
be well settled in practice, that the property of one sovereign is not
permitted to be seized within the dominions of another; and that this
practice is founded not only in mutual respect, but in mutual utility.
To what the contrary practice would lead, is evident in the present
case, wherein military stores have been stopped, in the course of a war,
in which our greatest difficulties proceeded from the want of military
stores.
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