1": To cause their enemies to restore, with reparation of damages, their vessels which they captured in his Majesty's ports and rivers specified, to the number of five. To this we are enabled to answer, that his Majesty's Agent has earnesly prosecuted this affair in their behalf, and has now rendered an account of his proceedings in that regard, communication whereof will be given them, in order that they may advise what will be necessary to be done therein. Vol. L 8

58 NEW- YORK COLONIAL MANUSCRIPTS. To release from seizure the prizes taken by tiieir people at sea from their enemies, and 2"*

brought into our harbors. Herein, we confess that they presuppose many things which do not appear clear to us, particularly the allegation that this proceeding is contrary to the law of

nations, which many learned jurisconsults do not hold, and there are few of the opposite opinion nay, even they, themselves, will confess that the decision of this point is not clear, ;

as well as that wherein they say, that it is contrary to the practice of all other princes, which, nevertheless, is refuted by several instances. And although the puissant Kings of France and Spain have prided tiiemselves on this practice, their individual laws, however, do not constitute the public law^. As regards ours, our civilians are in doubt on the matter, and do not furnish an instance of this case wherein there is not some difference. Moreover, other considerations present tiiemselves in this connection, of such consequence, that though we would desire to hold the balance even, witliout prejudicing either the one or the other, yet the difficulty of the matter may excuse the postponement of the resolution in what relates to