and they have in many cases had no opportunity of getting the evidence of the condemnations, which are attainable before the tribunals of other nations; the mock-trials, as before observed, being very often carried on, and sentences of condemnation pronounced in the absence of the American owner, master or supercargo.

Such documents as the department of state is possessed of concerning these depredations, are annexed; and to them is added a concise abstract of the cases. These support the principal facts above stated, and show the nature of French depredations. To supply, in some measure, the want of official papers, an examination has been made of two newspapers published in Philadelphia-the Gazette of the United States, and the Philadelphia Gazette, from the first of July, 1796, to the present time. Between the 1st of July and the 1st of October, few captures were made, the decree of the Directory of July the 2d, not being in general operation until October, This examination was chiefly made prior to the call of the House of Representatives for a report on this subject, with a view to ascertain the number of French captures, and the circumstances attending them; and the result of the whole is annexed. It is regretted, that the time did not permit a re-examination of those papers, to ascertain likewise the captures made by the British cruisers. The editors of those two gazettes agree in saying that no great attention was paid to the subject, for the purpose of inserting accounts of all the captures which were published in the various other newspapers; yet the number collected exceeds three hundred, of which but few escape condemnation. The evidence arising from the multiplied and concurrent publications of these facts in the newspapers, some of them certified by the American masters of the captured vessels, cannot fail of producing a conviction of the reality of the evils represented.

There have been frequent accounts of attempts to effect condemnations by bribing the officers and seamen of our vessels to swear falsely: but it was reserved to these times when offered bribes were refused and threats despised, to endeavour to accomplish the object by TORTURE. This was inflicted by a French privateer. The evidence of the fact appears in the protest of Captain William Martin, master of the ship Cincinnatus of Baltimore, in which he is supported by the testimony of his mate and one of his seamen. A copy of the protest is annexed, together with an extract of a letter from Mr. King, minister of the United States in London, who examined Captain Martin's thumbs, and says the marks of the torturing screws will go with him to his grave. All which is respectfully submitted.

TIMOTHY PICKERING.

Department of State, June 21, 1797.

DOCUMENTS.

No. 1.

ABSTRACT of two cases of capture made by British cruisers, of vessels belonging to citizens of the United States, since 1st October 1796, and wherein documents have been received at the Department of State : also a copy of a memorandum filed by Samuel Smith, Esquire, relating to captures made by the British, of vessels in the property of which he was concerned. Note. No documents accompany the two cases of capture above mentioned, they having been sent to London in order that compensation might be obtained for the damage suffered.

The schooner St. Partrick, Robert Gardner, master, belonging to Thomas Stagg, junior, Thomas Snell, and Joseph Foulke, all native citizens of the United States, the two former residing at New-York, and the latter at Curacoa, as agent of the partnership of which he was a member.

31st July, 1796, she sailed from New-York, bound to Curacoa, then a colony of the states of Holland, being allies of Great Britain, with a cargo of provisions and dry goods, the property of the said owners of the vessel.

18th of August she arrived at the place of her destination, and delivered her cargo to the said Foulke, who shipped on board her, in return, a cargo of hides and goat skins, besides 5000 dollars in cash, the property of the said owners of the vessel.

About the 1st September following, she sailed for New York. About the 15th of the same month, she was captured by his Britannick majesty's ship of war Topaze, capt. Church, in company with the Thisbe, capt. Oaks, and the Thetis, capt. Cochran, and was by them sent for Bermuda, where she arrived on the 22d.

Proceedings were duly commenced against her in the court of vice admiralty; and on the 4th November, the judge thereof decreed that the vessel and cargo should be restored, certified probable cause for the capture, and ordered the claimant to pay the taxed costs of the court. The captors appealed, and the

master appealed for costs and damages.

The schooner Lively, John Clarke, master, belonging to John Gardner, junior, of the city of Philadelphia.

She was captured and carried into Martinico, where the cargo (except ten casks of nails which were condemned as contraband) as well as the vessel, was acquitted by the court of viceadmiralty, on the 27th of February.

List of captured vessels belonging to the Messrs. Smiths, &c. of Baltimore, deposited in the office of the Department of State, by General Smith, June 17, 1797.

THE ship James, John Smith, master, laden by Samuel and John Smith, and S. Smith and Buchanan, with a cargo of flour, 2260 barrels, which cost thirty thousand two hundred and fifty dollars, sailed from Baltimore the 1st December last; was captured by two French frigates and sent into Guadaloupe; the supercargo was imprisoned for several days, but afterwards released and permission given to sell his cargo, which thus sold, produced only 23,576 dollars.

On learning the ship James was captured, we immediately despatched our schooner William, Francis Smithwich, master, (then laden and about to sail for Jacmel, with a cargo which cost four thousand dollars) for Guadaloupe, with such letters to the supercargo as we supposed would be useful. The William was captured off Guadaloupe, by the British, and sent into Martinique; after a short detention she was released, but immediately after leaving Martinique, lost both masts in a squall, was then obliged to put into St. Croix to refit, and from thence having learned that the James was released, proceeded to Cape François, where she disposed of her outward cargo and took an order on Jacmel, for a load of coffee, which she received, and on her voyage home was taken by the Hind British sloop of war, and sent into Jeremie, about the 13th of May; from Jeremie she was sent to Port-au-Prince for trial, where she was waiting the arrival of the judge, at our last accounts, dated 18th May. The captain writes that he had on board 100,000 lb. coffee, the value of which is about 22,000 dollars.

The brig Gratitude, James Clifton, master, laden at New York, by Mr. Archibald Gracie, on account and by order of Samuel and John Smith, John Hollins and S. Smith and Buchanan, sailed from thence about the 1st March last, with a cargo of beef and pork which cost dols. 9938. 36, bound to Cape François. Off fort Dauphin was boarded by the Ceres British frigate, and sent under convoy to the Mole, where permission being refused for her to proceed elsewhere, the supercargo was compelled to sell the cargo at publick sale, where it produced only 645 1, leaving a loss of 3412 dolls. 64 cts.

The brig Abeona, Isaac Isaacs, master, laden by Samuel and John Smith, John Hollins, and S. Smith and Buchanan, with a cargo of sundries, bound to Cape François, was boarded by the British frigate Ceres, captain Newman, and by her sent to the Mole, where, as in the case of the Gratitude, her cargo was sold at publick vendue, except such part as was said to be inadmissible at an English port, and these were ordered to be taken back

to America. The sales at vendue amounted to 7947 dolls. 25 cts. the candles and soap not permitted to be landed, cost 850 dollars; the cost of the cargo when it left Baltimore was 13,328 dollars. The Abeona returning from the Mole to Baltimore, was captured by a French privateer and sent into Jean Rabel; captain Isaacs went to the Cape and got her released, but before he could return to Jean Rabel, his brig had been cut out by the British and sent to the Mole; captain Isaacs went on to the Mole to claim his vessel; the soap and candles, before declared inadmissible, were taken out at the Mole and the brig sent down to Jamaica, for trial; captain Isaacs rose upon the prize master, and arrived yesterday with the brig. The cargo cost from hence,

The sales at vendue,

13,328 7,947 25

5,380 75

Loss,

dollars

The brig Fells Point, captain Creighton, sailed from Baltimore in March, with a cargo of flour, &c. the property of Samuel and John Smith, John Hollins, and S. Smith and Buchanan, bound to Cape François, was boarded by the British, sent to the Mole, where her cargo would not sell, it was put into store and the brig has returned, with produce, for a small advance made by the house with whom the business was left. This cargo cost 16,536 dolls. 29 cts.

The brig Fanny, captain Richard Fisher, laden with flour, on the account of Samuel and John Smith, John Hollins, and S. Smith and Buchanan, sailed from Baltimore for Cape François, in March; was boarded by the British and sent to the Mole; from the Mole, as his cargo would not sell at any price, captain Fisher obtained permission to proceed to Jeremie, where he writes, his cargo was equally unsaleable. This cargo cost 9,600 dollars.

The schooner Sally, laden with coffee, on account of John Hollins, and S. Smith and Buchanan, sailed from Petit Guave, about the 15th May, bound to Baltimore; was captured by the British, and sent into Jeremie; from Jeremie she was ordered to Port-au-Prince, where at the last accounts she was waiting the arrival of the judge. The exact value of this cargo is not known, it is estimated at 22,000 dollars.

The ship Sidney, captain James Parker, laden at Surinam with coffee, sugar and cotton, on the account of Samuel and John Smith, and S. Smith and Buchanan, on her passage to Baltimore was captured about the 12th April past, and sent into St. Kitts, by the Portland of Antigua, a British privateer. The only letter received from captain Parker is dated 15th April; he had only just reached St. Kitts and did not know what would be her fate. Of this cargo no duplicate invoice has been received; its probable value is about 100,000 dollars.

No. 2.

DECREE OF THE EXECUTIVE DIRECTORY,

12th of Ventose, 5th year (March 2, 1797.)

THE Executive Directory, having considered the law of the 9th of March, 1798, which, stating that the flags of neutral powers not being respected by the enemies of the French Republick, and all the rights of nations being violated to its prejudice, the French people can therefore no longer fulfil towards those powers in general, the wish which they have so often manifested, and which they will constantly form for the full and entire freedom of commerce and navigation, among other regulations, ordains;

1. That French ships of war and privateers may stop and bring into the ports of the Republick neutral ships which shall be found laden in whole or in part with merchandise belonging to enemies.

2. That merchandise belonging to the enemies shall be declared good prize, and be confiscated to the benefit of the captors.

3. That in all cases, the neutral ships shall be released as soon as the unlading of the merchandise seized shall be effected; that the freight of it shall be paid at the rate which shall have been stipulated by the freighters, and that a just indemnity shall be granted in proportion to the time of their detention, by the tribunals whose duty it is to take cognizance of the validity of prizes.

4. That these tribunals shall be obliged, moreover, three days after their decision, to furnish a copy of the inventory of the merchandise to the minister of marine, and another copy to the minister of foreign affairs.

5. That the present law, applicable to all prizes which have been made since the declaration of war, shall cease to have effect, as soon as the enemy powers shall have declared free and not seizable, though destined for the ports of the Republick, merchandise laden on board of neutral ships, which shall belong to the government or citizens of France.

Having likewise considered the law of the 27th of July, 1793, which confirming that of the 9th of May preceding, before repealed, ordains that it shall have its full and entire execution, and that consequently all other regulations to the contrary are and remain abrogated; which abrogation evidently comprehends the law of the first of the same month, by which the vessels of the United States of America had been excepted from the law of the 9th of May, conformably to the 15th article of the treaty of the 6th of February, 1778.