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Relations with Spain.
supplementary to those then sent. They are not sels of his nation, under pretext, as he says of of a nature to be deemed confidential. TH. JEFFERSON.
DECEMBER 10, 1805.
Extract of a letter from Charles Pinckney, Esq., Minister at Madrid, to the Secretary of State dated AUGUST, 1805.
their carrying English merchandise. The King, being made acquainted with it, has been pleased to determine, that, if there be no other cause for the capture of these vessels than that alleged by since, according to the fifteenth article of the Treathe Minister, they should be put at liberty again; ty with the United States, "the American flag secures the freedom of the merchandises, although I have written to you lately very often, inform- they may be enemy's property." But if the cause ing you of the Spaniards being now in the habit of the detention be any other, His Majesty requires of capturing our vessels as much as during the that they be decided in due course, and with as last war. The following is the list transmitted to little delay as possible. I communicate it to you me of American vessels taken by the Spaniards, by the Royal order, in order that you may comand sent into Algeziras for adjudication, since my municate it to the Generals of the Departments last to you: of Marine, in order that they may make it known Brigantine Ann Isabel, of Virginia, Williams, to the commandants of marine in every district, master; brigantine Vereries, Pisa; brigantine Di-and to the owners of privateers, informing them do, Shail, master, from Marblehead; ship Mary, that they will be responsible for the injuries they Robert Stevenson; ship Eagle, Nehemech Sha- may occasion. ler, last from Liverpool; brigantine Jefferson, Simon Buhmond; brigantine Polly and Nancy, of Baltimore, John Croan; schooner Molengue, John Waterman, of New York; schooner Leffen, William Maret, of Virginia; brigantine Diana, Sylvester Simmons, of New Haven.
Extract of a letter from Charles Pinckney, Esq., Minister at Madrid, to the Secretary of State, dated SEPTEMBER 22, 1805.
My last informed you I was still under the necessity of remaining here until the 22d October, on account of all the mules being embargoed for the King's service until that day, so that I could not before go to the Sitio to take leave; that I had still been without the pleasure of seeing Mr. Erving, or Mr. Bowdoin; and, that not being able to wait for them any longer, I should, when I went away, leave Mr. Young charged with our affairs, until they, or one of them came; that, during this time, and constantly, I have been busily employed with this Court in endeavoring to arrest the numerous depredations of their privateers on our commerce, and their condemnations of our vessels, and that to do this my exertions have not only been unceasing, but more than twenty letters have passed between Mr. Cevallos and myself on the subject. I have now the pleasure to send you the result by enclosing the copy of a letter which I have just received from Cadiz, and which I have received in such an unquestionable shape as to leave no doubt of its authenticity. By this it appears my exertions have been effectual, and will probably prevent captures on that ground.
Extract of a letter from Josiah Blakely, Esq., Consul of the United States at St. Jago, in Cuba, to the Secretary of State, dated
JUNE 7, 1805.
The brig Trio, of New York, from Liverpool for New Orleans, cargo dry goods, has been wholly unloaded, and is now offered for sale. After taking all the dry goods out of the ship Governor Strong, of Alexandria, Clark, master, her captors have returned her to the captain.
than one thousand American seamen have been Since the last evacuation of Hispaniola, more landed in this port, most of them without clothes, and all without any possible means of support but such as they receive from their own Government.
Extract from the same to the same, dated
JULY 1, 1805. The scene of robbery, destruction, evasion, perjury, cruelty, and insult, to which the Americans captured by the French pirates, and brought into this and the adjacent ports, have been subjected, perhaps has not been equalled in a century past.
[Here follows a list of nineteen captured vessels, with their cargoes.]
Copy of a letter from Captain John Stinson, Commander of the ship Huntress, to the Secretary of the Navy.
LONDON, August 20, 1805. the information of Government, giving a stateSIR: On my arrival at Liverpool I wrote, for ment of the capture of the ship Huntress, laden with Government stores. On my arrival here Mr.
From the Secretary of State and the Marine to the Lyman informing me he had not written, induced
Director General of the Fleet.
ST. ILDEFONSO, Sept. 3, 1805. SIR: The Minister of the United States, complaining of new injuries and captures of American vessels by Spanish cruisers, has given information of the carrying to Algeziras of eleven ves
me to forward this, lest the first should miscarry. On June the first, latitude 36° 20′ north, longitude 74° 50′, I was brought to by a Spanish schooner privateer called La Maria, commanded by Antonio Lobo from Porto Rico. The reason Lobo gave for detaining the ship was her being bound for a British port, and not having a Span
Relations with Spain.
ish passport. After robbing the ship of ten barrels of bread, one barrel of tar, and sundry other articles, took all my crew out excepting the cabin boy; put a prizemaster and eleven Spaniards on board, and ordered the ship for Porto Rico. On June 9th, in sight of Bermudas, was retaken by two English Guineamen; after taking the Spaniards out, put a prizemaster and crew on board, and ordered the ship for Liverpool, where she arrived 16th ult. much damaged.
I have the honor to be your very humble servant, J. STINSON.
Copy of a letter from Lieutenant Joseph J. Maxwell to his Excellency General Castanio, Algeziras. U. S. GUNBOAT, No. 3,
HARBOR OF ALGEZIRAS, June 15, 1805. SIR: I have the honor to acquaint your Excellency that I was this morning brought to by four armed boats under Spanish colors, who, after axercising the utmost insolence, and without assigning the smallest reason, conducted me to this
The orders received from my Government were to proceed with all possible despatch to the commander of the American squadron in the Mediterranean. The serious consequences attending this unwarrantable detention must be too obvious to your Excellency to require a remark. I shall only observe that, if your Government authorizes indignities of this nature, to my own I must appeal for redress. I am sensible, however, this cannot be the case, and persuade myself that your Excellency will readily redress the insult offered the American flag in this instance, and take measures to prevent a repetition.
Under this impression, I am, very respectfully, your obedient servant,
JOS. J. MAXWELL.
His Excellency General CASTANIO.
Copy of a letter from Lieutenant Joseph J. Maxwell, commanding Gunboat No. 3, to Commodore John Rodgers.
U. S. GUNBOAT No. 3, HARBOR OF SYRACUSE, July 8, 1805. SIR: I have to acquaint you that, on the morning of the 15th June last, Gibraltar bearing northwest, distant two leagues, I was brought to by four Spanish gunboats, who, without examining a paper, or assigning any other reason than their suspicion of my being an Englishman, took charge and conducted me into Algeziras.
It is necessary to remark, that my guns were at that time in the hold. Immediately on my arrival, I stated, officially, the circumstance to the General of Marines, which I also enclose for your perusal. The boat was instantly discharged, with
She had on board, besides the ordinary marine papers, a special passport from the President of the United States, reciting the nature of her cargo, and its destination for the supply of the Mediterranean squadron of the United States. She had also the passports
of the British and French Ministers.
many apologies, and offers of supplies and assistance, should I stand in need of them. I was requested to wait a short time the General's answer. I did so till 4 P. M. Apprehensive I might be detained much longer, and knowing the importance of the boats joining you without the smallest delay, I weighed without it, and stood over to the rock, where, for the first time since our separation on the 15th May, I found the John Adams.
I should have waited on the General of Marine personally, but could not procure pratique. I proceeded immediately to mounting my guns, and sailed from Gibraltar the 18th June. I have the honor to be, respectfully, sir, your most obedient servant, JOS. J. MAXWELL.
CONSULATE OF THE U. S., Island of Cuba:
I, Henry Hill, jr., Consul of the United States for the said island, residing at the city of Havana, do hereby certify that the documents hereunto annexed, marked with the letters A to G inclusive, and stamped with my Consular seal, are true and faithful copies of the originals lodged and recorded in my office, having been by me therewith carefully collated and compared.
In testimony whereof, I have subscribed my name and affixed the seal of my office at Havana aforesaid, the 30th day of August, one thousand eight hundred and five, in the year of the independence of the United States the thirtieth. HENRY HILL, Jr.`
CONSULATE OF THE U. S., Island of Cuba:
By this public instrument be it known unto all whom the same doth, shall, or may concern, that, on the day of the date hereof, before me, Henry Hill, jr., Consul of the United States of America for the Island of Cuba, resident at Havana, perCharleston, South Carolina, master of the brig sonally came and appeared William Cory, of Ann, and Caleb Cory, mate of said brig, who be ing severally sworn on the Holy Evangelists of Almighty God, did solemnly depose and declare, in the month of May last, where they were loadthat being at the port of Cavañas, in this island. ing said vessel with a cargo for the United States they saw lying there an American schooner called the Betsey, of New Bedford, taken by a French privateer called the Eugene, commanded by Captain Joseph Dumas, some time previous, and sent consisting of about seventy-six puncheons of rum into port, which said schooner had a cargo in, and seven or eight barrels of sugar.
saw the people belonging to said privateer taking That, during their stay there, they frequently out the cargo of the said captured schooner and carrying it on shore and selling it.
That the said privateersmen, to their knowledge, took out the whole of the said vessel's cargo, and carried it on shore, where it was sold. That it was so taken out and carried on shore in open day, without any appearance of opposition from
Relations with Spain.
the officers of the said port of Cavañas; that, after the said privateersmen had plundered the whole of the cargo aforesaid, and taken it from the said vessel, and all her valuable rigging and sails, they took the said vessel off the mouth of the said harbor of Cavañas and sunk her.
And the deponent, William Cory, further saith, that the said privateersman offered to sell him rum from the said cargo at thirty dollars a puncheon, which this deponent refused to buy, even at that low price, well knowing they had no title to it, and that in them to dispose of it was robbery and piracy.
That he was informed by the guard, which was on board his vessel, that said privateersmen had bribed the principal officer of said port, by giving him four puncheons of rum, to consent to the landing and sale of said cargo; and further the deponent saith not.
CONSULATE OF THE U. S., Island of Cuba:
pened, until the 24th following of said month of July, when being off the island of Jamaica they were brought to by His Britannic Majesty's armed schooner Superior, and upon being examined and found to be neutral were politely dismissed. That they prosecuted the said voyage, making the best of their way for this said port, and experienced nothing remarkable until the 4th of August instant, when doubling Cape San Antonio, in this island of Cuba, they were brought to by a schooner under French colors, and boarded by an officer and four men, who took possession of said schooner Sea Horse, and sent the deponent, Jacob R. Valk, and two of his crew, on board the said privateer, with the said schooner's papers. That the officer on board said schooner Sea Horse hailed the commander of said privateer, and said, that as he knew her to be a good prize he would bring her to anchor, immediately upon which both vessels bore away for Puerta Fuera, about four leagues from Cape San Antonio.
That the commander of said privateer, aided by several Spaniards, who came on board her in canoes from their habitations on that coast, began rummaging the Sea Horse, opening the hatches, and breaking open the packages and cases of drý goods, principally consisting of German linens, whilst the crew of the said privateer were continually passing and repassing from one of the said vessels to the other, and most of them in a state of intoxication.
And the said deponent, Jacob R. Valk, did furBy this public instrument be it known unto all ther depose, that being detained on board said whom the same shall, doth, or may concern, that privateer from the 4th to the 6th, he had ample I, Henry Hill, jr., Consul of the United States of opportunity of observing and examining her, and America for the island of Cuba, resident at Ha- found her to be an American built vessel, having vana, do hereby certify, that, on the day of the painted on her stern, Caroline of Charleston, date hereof, before me personally came and ap- which was very visible, notwithstanding some peared Jacob R. Valk, late master, and George black paint had been put on it to efface it, which Allcock, late mate of, and belonging to, the schoon- was not done effectually. That she was mounted er Sea Horse, of Charleston, who, on their sol- with one carriage gun, and one swivel, and supemn oaths, which they then took before me upon plied with small arms, and manned with ten men, the Holy Evangelists of Almighty God, did, sev- and two negro boys, exclusive of the captain, who erally, solemnly depose and declare, that they, said his name was Paul, and the privateer the the deponents, on the 9th day of June, sailed and Volante. And the said deponent did further dedeparted in and with the said schooner laden pose, that the said Paul told him that he should with a cargo of flour and German linens from be sent in an open boat to Havana, and upon his Charleston aforesaid, bound on a voyage to Span- answering that he was determined to remain with ish America; that the said schooner at the com- his vessel wherever she went, the said Paul remencement thereof was tight, staunch, and strong, plied that if he again opened his mouth he would and in every respect well fitted, furnished, found, set him ashore in the woods, and leave him to manned, and equipped, for the due performance perish. And the said several deponents did furof the said voyage, with variable winds and weather depose, that on the same evening they were ther, and without any particular occurrence until all embarked in an open boat, under the conduct the 13th day of July, when they made the island of a Spanish fisherman, to go to a place about of Blanca, on the 14th, the Tortugas, and on the seventeen leagues distant called Mantua, where next day arrived off Laguira. That they lay off they received their clothes, which had been preand on Laguira aforesaid, until the 20th follow-viously taken from them. ing; in the course of which time he, the deponent, Jacob R. Valk, made application for admittance to entry, and being informed that that port as well as others on that coast were shut against neutrals, he proceeded agreeably to his orders and instructions for this port of Havana. And the said several deponents did further depose, that in proceeding for the said port nothing material hap
And the said Jacob R. Valk did further depose, that the said captain of said privateer, after having robbed and plundered him of all his seacharts, his vessel's and his own private papers, and also his perspective glass or telescope. and twenty-one ounces in gold, returned him six of said ounces to defray his expenses to this said port. And the said several deponents did sever
Relations with Spain.
ally further depose that James Richardson and Jacob Shoemaker, both citizens of the United States, and seamen belonging to said schooner Sea Horse, conducted themselves upon the capture aforesaid in a very mutinous manner, and remained with their own voluntary will with the said privateer.
And I, the said Consul, do further certify, that the said Jacob R. Valk did, upon his arrival at Havana aforesaid, in due time and form, note and enter with me his protest in all the premises aforesaid, and now requires of me to extend the same and make this public act thereof, reserving to himself the privilege of making any other protest in the premises as occasion may require.
being very much split, and the vessel otherwise in a bad state, and not being able to obtain permission to enter said port, he determined to bear away for the first port he could make, and on the day following was captured by His Britannic Majesty's ship of war Fortune, Henry Vansittart, commander, who took out him, the deponent, and his crew, and took possession of the said schooner, which he armed as a tender to cruise off Curaçca. That on the 25th the said schooner was delivered up to him, being plundered of the boat, oars, anchors, stores, &c. That being very much in want of repairs he thought it most prudent, as well for the preservation of the said vessel and their own lives, as to procure supplies, which they likewise stood very much in need of, to bear away for Ja
Wherefore, the said Jacob R. Valk doth, and I, the said Consul, at his request do, by these pres-maica; and on the 29th of May arrived at Kingents most publicly and solemnly protest as well ston in the said island, where he in due form made against the Governor at Laguira aforesaid, and his protest. all other public officers whom it may concern, for the refusal of admittance to entry as aforesaid at that port, as against the commander and officers and crew of the said privateer for the capture, and detention, and robbery, and plunder of the said schooner Sea Horse, and her cargo, and against all and every person and persons, whom it shall or may concern, for all damages, costs, charges and expenses, already suffered, or which shall or may be hereafter suffered and sustained in the premises on account thereof, that the same be borne by those to whom of right it shall appertain, to be adjusted and recovered in time and place convenient.
CONSULATE OF THE U. S., Island of Cuba:
That he sailed from thence, after having received the necessary repairs and supplies; and having on board twenty puncheons of rum, the property, as he verily believes, of Andrew Ker, of Charleston aforesaid, a citizen of the United States, on the 9th July following, bound for Charleston aforesaid, and on the 15th was boarded by a felucca pirate, commanded by one Paul Cazafranca, who took from him all the vessel's papers, and all his letters, &c., and also possession of said schooner as a prize, with which he proceeded to Puerto Fuera, about four leagues from Cape Antonio, where he came to anchor; that he there unloaded said vessel, and supplied the fishermen who were there with some of the rum belonging to the said cargo. That they continued there until the 23d following, when he sent the said schooner with the said deponent and crew to Mantua Pavola, where she arrived on the same day. And he, the deponent, with said crew, remained there until the 9th day of August, instant, without clothes or money, all of which and everything else. except two or three shirts, they were robbed of by the said captors; that he there procured a boat, and upon the promise of paying one hundred dollars, was brought to this port of Havana, where they arrived on the 14th instant.
That he, the deponent, immediately despatched a memorial to his Excellency the Governor, stating the circumstances, and praying for the restoration of said vessel and cargo; to which said memorial he has received no reply, and is of opinion that the same will be taken no notice of.
And on this same day also personally appeared before me, Andrew Ambre, mate, and William Wood and John Judson, seamen, late of, and be longing to, said schooner, who being by me seve rally duly sworn upon the Holy Evangelists of Almighty God, did solemnly depose, that all and every the matters and facts relating to the voyage aforesaid, and the capture aforesaid, are in every respect true.
And the said deponent, John L. Cranston, did, upon his arrival, in due time and form note and enter with me, the said Consul, his protest in the premises, and now requires of me to make this public act thereof, reserving to himself the privilege
Relations with Spain.
of further extending the same, or to make any other in the premises, as occasion may require. Wherefore, the said John L. Cranston doth, and I, the said Consul, at his request, do by these presents most publicly and solemnly protest, as well against the seas, gales of wind, and bad weather, the said schooner experienced on the said voyage, as against the commander, officers, and crews of the said ship of war Fortune and felucca pirate, for the captures, plunder, and detention aforesaid, and for all costs, damages, losses, and expenses already, and which shall or may be hereafter, sustained on account thereof; to the end that the same be borne by those to whom of right it shall belong to be adjusted and recovered, in time and place convenient.
Done and protested at Havana aforesaid.
JOHN L. CRANSTON,
In testimony whereof, the said deponents have hereunto subscribed their names, and I, the said Consul, have hereunto set my hand and affixed my consular seal, this ninteenth day of August, in the year of our Lord one thousand eight hundred and five, and of the Independence of the
United States the thirtieth.
HENRY HILL, Jr.
ISLAND OF CUBA-HAVANA:
By this public instrument of protest, be it made known and manifest unto all whom the same doth, shall, or may concern, that, on the day of the date hereof, before me, Henry Hill, jr., Consul of the United States of America for the island of Cuba, resident at Havana, personally came and appeared John Dade, late mate of the brig Success of New York, whereof Nicholas Bruin was master, John Fuller and Josiah Pelt, late seamen, belonging to said brig, James Ferguson and John Smith, late passengers in said brig, who, being severally duly sworn on the Holy Evangelists of Almighty God, did solemnly depose and say, that they sailed from Kingston, (Jamaica,) on the 6th day of the present month of July in the said brig Success, bound to New York, (where the said brig is owned,) with a cargo on board consisting of fifty puncheons of rum; that nothing material happened them until the 12th day of the same month, when, being in sight of Cape Antonia, (the west end of the island of Cuba,) about four miles distant, they were met with, and the said brig was boarded by a small felucca privateer under Spanish colors, which these deponents understood to be the Buena Union, Captain Ulariago, from this port of Havana, (then under the command of the mate, the said Captain Ulariago as these deponents understood, being in the city,) who, without any examination into the said vessel's papers, captured her, put a prize master and crew on board, and took the whole crew, including the said master and the said passengers, (except six
Frenchmen, who were passengers in said brig,) on board the said privateer. That the said master of the said brig was cruelly flogged, beaten, and otherwise abused on board the said privateer, and was then sent on board of his said brig. That these deponents were also cruelly flogged and beaten on board the said privateer, and at night thrown into the hold and placed in irons, where they lay, without having any sustenance, until the day following, when they were liberated from the irons and suffered to come upon deck.
That the said brig was not then to be seen, and these deponents were told by the privateersmen, that they had sent her to Campeachy. That the said privateer two days afterwards came to anchor in a small bay near said cape, when these deponents were turned ashore, (after being robbed of many articles of their personal apparel,) and the mate of the said brig of his books, charts, and quadrants, without any sustenance or the means of obtaining it; and were left to wander in an inhospitable part of the island, far removed from any town or inhabitants, and to support their lives in the best manner they could.
That being desirous of finding some town or inhabitants, amongst whom they might procure the necessaries of life, they wandered abut a day or two, and at length came to a small village, where they were taken up before the commandant, who conceived them to be Englishmen, and forwarded them to this place, (Havana) as such; whither they arrived on the 30th instant, and were conveyed first to the guard-house, and afterwards to the common prison of the city, where they remained until this day, when they were liberated by order of the Governor, and paid to the jailer seventeen dollars and a half jail fees.
And thereupon the said several deponents did, in behalf of the said master, the owners, freighters, and all others concerned in the said cargo, request of me to make their protest and this public act thereof. Wherefore, the said deponents do, and I, the said Consul, at their request, also do by these presents, most publicly and solemnly protest as well against the commander, officers, and crew of the said privateer and the owners thereof, as against all and every other person and persons whom it shall or may concern, for the capture and detention of the said brig and cargo, and the subsequent circumstances, and for all costs, damages, charges, and expenses attending the same, to the end that the same be suffered and borne by those to whom of right it shall appertain, to be adjusted and recovered in time and place convenient.
Done and protested at Havana aforesaid.
In testimony whereof, the said deponents have hereunto subscribed their names, and the said Consul have hereunto set my hand and affixed my consular seal, this thirty-first day of July, A.