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Relations with Spain.

D. eighteen hundred and five, and of the independence of the United States the thirtieth. HENRY HILL, Jr.



By this public instrument of protest be it made known and manifest unto all whom the same shall, doth, 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 Henry Palmer, master of the brig Jason, of Philadelphia, who, being by me duly sworn upon the Holy Evangelists of Álmighty God, did solemnly depose and declare that, on the 7th day of April last, he sailed and departed in and with the said brig, laden with a cargo of salt, earthenware, porter, dry goods, &c., from Liverpool, in England, and bound to New Orleans, consigned to different persons there, and to the best of his knowledge and belief, the property of citizens of the United States.

That, in the prosecution of the said voyage, nothing material happened until the 20th day of June, when being in sight of Cape Antonio, four or five leagues distant, he discovered two sail at about two o'clock in the afternoon, which appeared in chase of his said vessel. That one of them came up with his vessel about half past four o'clock, when she hoisted English colors and fired two guns, on which he hove to, and waited her coming up with him. That, after having come within hail, he was ordered by a person on board said privateer to come on board with his papers, which he did; after this deponent was on board the said privateer, the English colors were taken down and Spanish hoisted; and this deponent understood the said privateer to be called the Buena Union, commanded by José Antonio Ulariago; the captain of which immediately after ordered the people of this deponent out of the boat, and sent four men in his said boat on board his said brig, and detained this deponent, with two men who had come with him, on board said pri


That, after the people had got on board said vessel, some conversation passed between the captain of the privateer and the people he had sent on board the brig; and immediately after they altered the course of his said brig, and stood in towards the Island of Cuba; soon after, the other vessel which was in sight came up, which he, the deponent, understood was the French Privateer Napoleon, commanded by one Pierre Liquet, which also changed her course, and stood in towards said island, in company with said Spanish privateer and the deponent's brig. That, on the same day, at about ten o'clock at night, the three vessels aforesaid came to anchor near Cape Antonio, where the best bower-anchor was lost, and a part of the cable belonging to said brig, and where was also lying at anchor a small felucca French privateer. The morning following, the 21st ultimo, the privateersmen proceeded with

his said brig to a small bay, where there are a number of small islands, about six leagues from where the said brig had been anchored, and the said privateers accompanied her. In which bay the said brig was brought to anchor, where also the said privateers came to anchor. That, amongst these islands, there was lying an American schooner, called the Mary of Camden, which had been taken some time previous by the small felucca aforesaid, which accompanied the other privateers from Cape Antonio.

That this deponent was suffered, in the evening after coming to anchor, to go on board his said vessel, where he discovered that all his papers, of every description, as well as those relating to the vessel as to the cargo, and his own private papers were taken; and that the privateersmen had broken into the hold of his vessel, and taken out of a cask, which they had broken open, a number of bottles of porter which belonged to the cargo of said vessel; that two days after their arrival at said bay, to wit, on the 23d, the privateersmen opened the hatches of his said vessel, and took several packages of dry goods upon deck, when they descried a sail in the offing, on which the goods were put below, and the hatches shut, and the said three privateersmen went out in pursuit of said sail, but soon after returned; that, on the day following, the 24th, the privateersmen again opened the hatches of his said vessel, and took out all the dry goods, being about thirty-two packages; also, one cask, containing twenty bags of shot, and also a number of casks of porter, which they sent on board the different privateers, and also put on board the French privateer Napoleon all the dry goods and the said cask of shot, and nineteen half-barrels of salt, and likewise robbed and plundered the said vessel of a considerable quantity of her rigging, furniture, and apparel.

And the said deponent doth further depose and say, that they put on board the said schooner Mary twenty casks of porter, some crates of earthenware, and other articles.

That, on the 28th, the said brig was got under way, with a prizemaster on board from the said Spanish privateer, and eight men to her also be longing, together with this deponent and three of his men, the mate having been put on board of the privateer, with three others of the crew of the said brig; that he, the deponent, was informed they were coming with said brig to Havana, but after coming to anchor at various places on the coast, at several of which a quantity of porter and salt was taken out of said brig and given to different people on the coast; and, on the 9th instant, they came to anchor with said brig in the harbor of Čavañas.

That, the day following, this deponent demanded leave to go on shore in order to make his situation known to the commandant, but was refused, and kept prisoner on board his said vessel until Sunday, the 15th, when he was taken out with one of his men and put on board a small open boat, in which also embarked the prizemaster and four men belonging to the said privateer, and was informed by the prizemaster they were coming to

Relations with Spain.

this port; that, on the day following, they arrived at this said port, and this deponent was forcibly taken to the guard-house, and not permitted to have any communication with any person; and was so kept in prison until the next day about ten o'clock, when he was taken to the marine office and questioned relative to his capture, and was there set at liberty; that he, the deponent, frequently demanded his papers of the said privateersmen, which consisted of the papers of the said brig, invoices, and bills of lading of cargo, about two hundred and twenty letters, and various other papers, but was uniformly refused them.

And on this same day, before me also personally appeared Nathaniel Houston, chief mate, late of, and belonging to, the said brig Jason, who, being by me duly sworn upon the Holy Evangelists of Almighty God, did solemnly depose and declare, that all and singular the matters and facts before stated and set forth, are in every respect


Whereupon, the said Henry Palmer doth, and I, at his request, do most publicly and solemnly protest, as well against the commanders, officers, crews, and owners, of the said Spanish and French privateers, as against all and every other person and persons whom the same shall or may concern, for the unlawful capture and detention of the said brig whilst in the prosecution of a lawful voyage, and the depredations, robbery, and plunder, committed upon the said vessel, her rigging, furniture, and cargo, and for all damages, losses, costs, and expenses, which shall or may be sustained in the premises on account thereof. And the said Henry Palmer doth hereby reserve to - himself the privilege of making any other, or = additional protest, as need and occasion may re=quire.


This done and protested at Havana, as afore


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of Almighty God, did depose and say, that they sailed from Jamaica on board of said schooner, bound for Charleston, South Carolina; and that, while lawfully and peaceably pursuing their said voyage on board said vessel, with a cargo, consisting of thirty puncheons of rum and five hogsheads of molasses, the property of citizens of the United States, they, together with said vessel and cargo, on the 22d of May, aforesaid, were captured by a felucca privateer, under French colors, one Paul, commander, who took possession of said vessel and cargo, and brought her to an anchor the same day, near Cape Antonio; that the aforesaid Stephen Charles, master of said schooner Mary, was forcibly taken out of his said vessel, and put on board of an American vessel bound to Charleston; that these deponents, after remaining six or seven days on board said schooner, during which time she continued at anchor, were forcibly taken out of said vessel, and put on shore at Cape Antonio, without any sustenance or means of obtaining it, and told to stay there and die, or go where they pleased; that they found several fishermen near the place aforesaid, who, pitying their distressed situation, hospitably supplied them with provisions during six or seven days; at the expiration of which time, Anselmo Henrique, who had a canoe, and was fishing on the coast, was prevailed upon, at the instance of these deponents, to bring them to this city of Havana, on condition of their giving him their clothing, which they, these deponents, were obliged to do; that the said Anselmo Henrique, having received their clothing, took them on board his canoe, and proceeded with them on their way hither, as far as the port of Cavañas; the commandant of which port would not suffer them to proceed further in said canoe, declaring them to be Englishmen and spies, and placed them in the stocks as prisoners, and kept them there about fourteen hours, when they were liberated and suffered to proceed to this place by land, with the said Anselmo Henrique, where they arrived this day.

CONSULATE OF THE U. S., Island of Cuba: By this public instrument of protest, be it known unto all whom the same shall, doth, or may concern, that, on the day of the date hereof, personally appeared before me Jacob Paiddrick, a citizen of the United States, born in the county of Camden, State of North Carolina, late mate of the schooner Mary of Camden, aforesaid, Stephen Charles, master; also, John Davis and Jeremiah Graves, both citizens of the United States, and late mariners on board of said schooner; who, being severally duly sworn on the Holy Evangelists

And thereupon the said deponents, in behalf of themselves, the said Stephen Charles, and all others concerned in said schooner and cargo, do, by these presents, most publicly and solemnly protest, and require of me to protest. Wherefore, at the request aforesaid, I, the said Consul, do protest, as well against the commander, officers, and crew, of the said felucca privateer, (the name of which is at present unknown.) Paul, commander, and all others whom it may concern, for the illegal capture of the said schooner Mary and cargo, and the treatment of the said master, Stephen Charles, and they, the said several deponents, experienced as aforesaid, the dangers and hardships they encountered in consequence thereof, and for all damages, losses, costs, and charges, attending the same.

This done and protested at the said city of Havana.



Relations with Spain.

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, the 14th day of June, in the year of our Lord one thousand eight hundred and five, and of the independence of the United States the twenty-ninth.



Declaration of John Evans, master of the ship Eliza, of
Norfolk, and of Charles Simmons, Jun., and Edward
Lowrie, seamen belonging to said ship.

that this deponent, with his said mates and crew, remained at said port of said island, which is entirely uninhabited, about two weeks, and supported themselves on fish which they caught, there being no other food or sustenance to be procured; at the expiration of which time, that he, with his said mates and crew, took passage in a Spanish vessel, which casually touched there, and were transported to the east end of said island of Pines, where there are some inhabitants, whence this deponent, with his said mates and crew, after remaining four or five days, took passage in a Spanish vessel, and proceeded to Batabano, in this island of Cuba, whence they proceeded by Before me, Henry Hill, jr., Consul of the Uni- land to the city of Havana; that, after being some ted States of America for the island of Cuba, res- days in this city, this deponent heard his said ship ident at Havana, on the day of the date hereof, had been taken into Batabano, and soon after saw personally came and appeared John Evans, mas- the prizemaster here who was put on board his ter of the ship Eliza, of Norfolk, and Charles Sim- said ship, who gave to this deponent the following mons, jun., and Edward Lowrie, seamen belong-papers of said ship, declaring, at the same time, ing to said ship, who, being by me severally duly that he considered the said ship and cargo Amerisworn upon the Holy Evangelists of Almighty can property; that the captain of said privateer God, did depose and say, and first the said John had absconded and left him without support, and Evans: that he had no idea of pursuing her as a lawful prize, and had abandoned her; that the papers which were delivered to this deponent were the following: 1st, the Mediterranean pass of said ship; 2d, sea-letter; 3d, clearance from Norfolk 4th, articles of agreement between master and mariners of said ship; 5th, certified list of crew; 6th bill of health, &c.; 7th, ship's log book. That the said ship had a register and certificates of property of cargo, bills of lading, invoices, &c., at the time of capture, which were taken from him, and which were not delivered up with the other papers, and which this deponent understood, and has reason to believe, were unlawfully and wan tonly destroyed; that this deponent, after ascer taining that his said ship was in Batabano aforesaid, and after receiving the said papers, did, on on the 7th day of May last, present to his excellency the Marquis of Someruelos, Captain Gen

That he sailed from Norfolk in the said ship on or about the 12th day of October last, with a cargo on board, consisting of staves and provisions, bound for Kingston, Jamaica, the said cargo being the sole property of Conway and Fortescue Whittle, merchants of Norfolk, and citizens of the United States; that he arrived in and with said ship on or about the 5th day of November following, when the said cargo was sold for account of the said Messrs. Conway and Fortescue Whittle; that from Kingston he proceeded in and with said ship to Anotta bay, on the north side said island of Jamaica, for the purpose of loading his said ship with a cargo, where he actually purchased and loaded on board said ship, a cargo, consisting of one hundred and seventy-nine puncheons of rum, for the sole account and risk of the aforesaid Messrs. Conway and Fortescue Whittle; that he sailed thence in and with said ship with said car-eral of said island of Cuba, a memorial, wherein go, on or about the 21st day of March following, bound to Norfolk aforesaid, with all the necessary and usual documents on board, to prove the said ship and cargo bona fide American property, belonging to citizens of the United States; that on the 27th day of same month, while peaceably and lawfully navigating his said ship for the port of Norfolk aforesaid, then being in sight of the Isle of Pines, on the south side of this island of Cuba, he was met with, boarded, and unlawfully captured by a privateer under French colors, called the Vigilant, commanded by one Amado Dejan, as he understood, who forcibly and unlawfully deprived this deponent of the possession of his said ship and cargo, and placed a prizemaster and men on board thereof, from the said privateer, and with force and violence took this deponent out of his said ship, together with Onis Danion, first mate, and Richard Thomas, second mate thereof, and six of the seamen of his said ship, and landed them on the west end of said Isle of Pines, with only one day's provisions, and without the means of procuring further sustenance;

he stated the capture of the said ship, and prayed that she might be restored to the rightful owners, from whom she had been unlawfully captured; that, not having any reply to his memorial, he shortly after, again memorialized his Excellency, praying that he would order his ship to be restored; that not having any reply to this, his second me morial, and understanding that a part of his erew who were suffered to remain on board at the time of capture, were detained as prisoners on board in the said port of Batabano, and were suffering for the want of the necessaries of life, and that the Frenchmen who remained on board, and the Span iards from shore, were daily plundering from his said ship and cargo, and wishing to know the state thereof, and to grant some relief to his crew, he proceeded to Batabano without a passport, (the Captain General having refused him one,) with intent to go on board his said ship, and was ordered by him immediately to return to this city, or that he would send him back prisoner under a guard of soldiers, wherefore this deponent was obliged to return; that, on the 14th day of June,

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Relations with Spain.

he again memorialized his Excellency, presenting therewith all the papers of the aforesaid ship, delivered up to him by the prizemaster aforesaid, (except the sea-letter, which was presented with his first memorial,) in consequence of which, on the day following, a decree was given, ordering his said ship and cargo to be restored and delivered him, and a passport granted for him to proceed to Batabano and take possession thereof.

That for this purpose he proceeded to Batabano, and on his arrival there, the 24th of June, he presented his passport and order to the commandant there, who sent with him an officer and two soldiers to execute the said order and give him possession of his said ship. That accordingly, on the 25th day of June, he received possession of his said ship, and on examination thereof, and of her cargo, there was a deficiency of the following articles, which had been plundered from her since the capture aforesaid, to wit: two boats, a string cable, three anchors, two new top-sails, a new foresail, four studding sails, two royals, several spars, all her spare running-rigging, all her cabin furniture and water casks, besides blocks, and many other small articles, and from her cargo, ninety-six whole puncheons of rum, there being only eighty-three remaining on board, and many of these wanting from ten to fifty gallons, so that this deponent conceives that the contents of the said eighty-three puncheons would not more than fill sixty.

That the said ship was again brought to anchor before her arrival at Batabano, about one league from the port, where the said privateersmen also took from her cargo a number of puncheons of rum, and put them on board a Spanish sloop, which these deponents understood belonged to the King's pilot at Batabano, who assisted the said privateersmen in the robbery.

That on the said ship's arrival at Batabano, a
number of puncheons of rum were then taken out
of said ship, and carried on shore by the said pri-
vateersmen, assisted by some Spaniards on shore,
who, during the said ship's remaining there, night
after night, smuggled on shore from the said ship
quantities of rum, which they drew from the pun-
cheons on board into small kegs. That the said
Frenchmen and Spaniards daily plundered the
rigging and furniture of said ship and were very
abusive and gave much ill treatment to these


And the said John Evans having applied to me, the said Consul, to make his protest in the premises, I have granted this public certificate thereof, to serve and avail him, and all, in the premises aforesaid, as occasion may require.

Wherefore, the said John Evans, in behalf of himself, the freighters, owners, and all others concerned in the said vessel and cargo, doth, and I, the said Consul, at his desire, do, by these presents, protest, as well against the commander, officers, and crew, of the aforementioned privateer, as against every person and persons concerned therein, for the capture of the said vessel, and the robbery and plunder committed upon the said vessel and cargo, for all damages losses, costs, and expenses already sustained, or which shall or may hereafter be sustained, suffered and incurred in the

That an account was presented to him at Batabano, against said ship, of upwards of nine hundred dollars, for various articles which had been taken up upon the credit of the said ship by the Frenchman who captured her, which this deponent was obliged to satisfy before he was suffered to depart with his said ship. That on the 12th day of July instant, he departed in and with the said ship from the bay of Batabano, and arrived at this port of Havana on the 26th day of July in-premises on account thereof. stant, withont any material accident happening, and came to anchor at the mouth of the harbor, not being permitted to come on with said ship for the purpose of supplying himself with the necessary stores, cables, &c., to proceed on his voyage to Norfolk, aforesaid, whither he is bound.

And the aforesaid Charles H. Simmons and Edward Lowrie, depose and declare that all and every the matters and things set forth and declared by the said John Evans in the preceding declaration, relating to the capture of the said ship, and the deficiency therein stated of her cargo, apparel, furniture, &c., are, to their knowledge, just and true.

That they were detained on board said ship after the capture, and held prisoners on board, frequently wanting for the necessaries of life, until she was given up to the said Captain Evans, as stated in his declaration.

That before the said ship was taken into Batabano, she was brought to anchor by the said privateersmen upon the coast of Cuba, about ten leagues to the west end of the said port of Batabano, where they took from her cargo a number of puncheons of rum, and put them on board of a schooner.

Done and protested in the city of Havana, agreeably to mercantile laws in such cases used and approved of.

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 second 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.


September 12, 1805.

SIR: When depredations on neutral property by Powers at war becomes the order of the day, when no respect is paid to existing treaties, I conceive it a duty incumbent on every individual to note every such infringement, and to give advice of it to the Executive of that Government to which he belongs.

As I am unaccustomed to a forensic style, I shall simply relate my own case, and whatever has come under my immediate observation during

Relations with Spain.

board with their crews, and may remain so for
many days to come; while the captor and his
agent are prosecuting every measure to effect the
condemnation of said vessels as lawful prizes.
I am, &c.

JAMES MADISON, Esq., Secretary of State.

U. S. CONSULAR OFFICE, Gibraltar : [L.S.] sonally appeared in my Consular office of On this 13th day of September, 1805, perthe United States of America, John Allen, com▪ mander of the sloop Ranger, belonging to the Government of the aforesaid United States, and John Thompson, master's mate on board said sloop Ranger, who, after being sworn on the Holy Evangelists, did declare jointly and severally, each speaking for himself, that they sailed in and with said vessel from Boston in America, on or about the 21st day of July last, on the service of said Government, in company with the sloop Travelwith whom they parted company a few days after ler, commanded by Captain Benjamin Prince, their leaving Boston, by stress of weather.

my short stay in this island. I left Norfolk on the first of June last in the brig Catharine, bound for the island of Antigua, laden with a cargo of provisions and lumber, where I arived, and sold said cargo. I left Antigua on the 29th of July, with a return cargo, bound back to Norfolk; on the 4th August, in latitude 23 deg. 10 min. north, longitude 65 deg. west, was captured by the French brig called General Blanshot, John Baptiste de Brun, commander, and sent into one of the ports at the west end of this island. The privateer plundered me of my stores and ship's provisions and part of the cargo. The vessel was immediately stripped of her sails and rigging and sent ashore; my people taken out, put on board of another vessel, and sent out of the island. Under these circumstances I came to the city and applied to the Governor, requesting his interference; stating to him that my papers were perfectly regular, and that my capture was of course illegal; and I likewise requested him to order security to be given for the amount of my brig and cargo, as the agent of the said privateer was a resident merchant of this city. But all my representation has been to no effect: he has absolutely refused to take cognizance of my business. My papers remain in the hands of Mr. Daubon, the agent of the captors. I may be detained here many months to come, and the vessel and cargo exposed to a total loss. My trial, if any I am to have, must be, by the determination of this Government, . either at Martinique or Guadaloupe; thus, under the present circumstances, this island may become the asylum of pirates and robbers. No pretence has been given for my capture; as I came from an English island I might have English property on board. At the time of my capture, my cabin boy was carried on board the privateer and put in irons, threatened with severe chastisement unless he would declare that specie was deposited in some part of the vessel. This attempt proving fruitless, I now (in all probability) must be the victim of measures dictated by men without principles of honesty or honor. Thus far as relates to myself. I shall now take the liberty of relating to you some other particulars that have come under my observation. At my arrival at the port of my entry on the west end of the island, I found at anchor the brig Susanna, of Portland, Maine, the captain's name I do not recollect; said brig arrived the day before and prize to the same privateer; she was from Portland bound to Jamaica, and was taken on her outward bound passage, with a cargo of fish and lumber; said brig was immediately unloaded and ballasted with sand, and, without more ceremony, the captain and crew of said vessel were shipped off, with a very scanty supply of provisions, and left to search for the first port they could make. On the 4th instant, arrived the brig Polly, of Tiverton, Rhode Island, Captain Trip; and on the 5th instant, the Extract of a letter from Governor William C. C. Clai

schooner Mary Ann, of Boston, Captain Anthony, and bound to the island of Barbadoes, loaded with cattle and horses, and provisions on the deck. They are prizes to a Spanish xebeck, from Cadiz, bound to Vera Cruz. The captains live still on

tude 40° 32′ north, and longitude 30° 33′ west a That, on the 23d of August last, being in latischooner came up with them, mounting six guns with sixteen blunderbusses, and about eighteen men, who, although the American colors were ying on board the Ranger, and the vessel hove to, fired three broadsides at her without showing any colors, ordering Captain Allen to go on board them, which he did; they then came on board chest and trunk, taking from them twelve white the sloop Ranger, broke open Captain Allen's shirts, a suit of uniform, six pair silk and six pair of cotton stockings, twelve handkerchiefs, two blue jackets, three white dimity waistcoats, two new hats, two pair new shoes, and two pair nankeen butter, cheese, pork, and other articles of ships pantaloons, a spy-glass, sixty-three gallons brandy, stores; likewise, the doctor's box, the mates' and some of the men's clothes and money; also, a let ter from the Governor of Malta, and several other papers.

schooner privateer behaved in a most insulting
That the commander and crew of the said
and abusive manner, and they seemed by the
been Spaniards; wherefore, they make this decia-
appearance, language, dress, and manners, to hare
ration and protest, not only for the robbery com
mitted, but also for the insult shown the flag ur-
der which they sailed.

written before me,
Sworn and declared the day and year first above
Consul U. S. of America.

borne, to the Secretary of War, dated

NEW ORLEANS, March 15, 1804. SIR: In consequence of a letter I received from Mr. Joseph Chambers, the United States factor at Fort St. Stephens, informing me that he hada

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