public officer, Mr. Harrifon, is fupported in his proceedings by "the laws and ufages of this country, upon fuch evidence and in"formation as in the cafe referred to were produced."

(No. 4.) In virtue of this law the tribunals were only authorised to decide on cafes in which the neutrality of the United States fhall have been compromitted. Yet thefe tribunals conceived they had a right to pronounce upon prizes made by the French, in almost an indefinite manner. In the affair of Glafs and Gibbs against the ship Betfey, the decifion of which has been printed, the fupreme court pronounced, that the tribunals could decide whether a prize belonged to enemies or to neutrals. In the affair of Jooft Janfon against the Dutch fhip Vrouw Catharina Magdalena, it was decided that the naturalization granted in the territories of France to American citizens, during the war, could not give them the right, either of ferving or of commanding on board of French privateers; that the prizes made by fuch, although legally commiffioned, were not valid; a diftin&tion is established between a legal and an illegal privateer; it was judged that they had a right to pronounce on this legality, and confequently on the validity of the prizes. It was finally decided, that a prize made at fea with the affiftance of an illegal privateer was void, and should be restored.

It was according to thefe firft decifions of the fupreme court that the district attorney of Virginia wrote officially, on the 28th of March, 1794, to the vice-conful at Norfolk-"No veffel can be "condemned as prize but in diftrict courts, which are the proper "admiralties of the United States." The enemies of France understood, or did not underftand this mode; but they availed themselves of it; and in order to caufe French privateers to be arrefted, they had recourse to the law of the 5th of June, 1794. At this period, however, the law had put into the hands of government a fufficient power for preventing the arming and equiping of privateers in the ports of the United States. By the letter of the fecretary of the treasury of the 4th of Auguft, 1793, the collectors of the cuftoms were authorised, and even required, to vifit, in the strictest manner, not only all privateers, but all veffels entering or going out of American ports. The law of the 5th of June authorifed the prefident to fupport the exercise of these functions with military force. Of course they did not neglect to vifit, with the greatest rigour, all French veffels, privateers and others, during their continuance in the ports of the United States, and at their departure. They did not quit thefe ports but under the eye and with the exprefs permiffion of the officers of the government; for it had forbidden the collectors to clear them, if they committel the leaft violation on the neutrality of the United States, in which cafe they might be feized and confifcated. Yet, whether they had entered the ports of the United States armed, and alfo went out armed; or had fince been armed for war in French ports, VOL. V. fcarcely

fcarcely did one of their prizes enter but she was arrested by order of the federal court.

The proceedings were inftituted and purfued without any of the forms for protecting citizens. As the underfigned minifter plenipotentiary has faid, the affertion of an enemy of the Republic was fufficient for caufing a prize to be feized, often the privateer which had brought her in, and fometimes for the arreft of her captain no proof was required from the enemy conful, who inftigated the arreft; he was not obliged to give fecurity for the damages which might refult from the procedure, if it were unfounded; the captain was not allowed to remain in poffeffion of his property, on giving fecurity for its value; the prizes were not valued; they fimply placed them in the hands of the officers of juftice; rarely were they permitted to be fold; and then the fale was made with flownefs, and not till the confent of the two parties was obtained. In fine, when with much delay and expenfe, notwithstanding the thifts of a crafty chicanery, the complainants proved nothing they advanced, the prizes were adjudged to the captors, but refufed indemnification for damages and loffes occafioned by this feizure.

The undersigned minifter plenipotentiary knows but two affairs, that of la Noftra Senora del Carmen, at Rhode Island, and that of la Princeffe des Afturies, at New York, where fecurity was given to the party complaining, and where damages and interefts were allowed to the captors. Yet the tribunals have always allowed damages to the captured, when they have declared the prizes illegal. The leaft pretext was fufficient to obtain from a tribunal the arreft of a prize; it was fufficient to alledge that the privateer had taken one or two cannon, one or two barrels of powder, opened fome portholes in the territory of the United States.

In the affair of the two prizes of the French privateer Les Citoy ens de Marseille, which, entered the port of Philadelphia, armed and commiffioned, repaired in the fame port, and fent out under the eyes of the government, the only thing in queftion was, that fome portholes were pretended to have been opened in the veffel after her departure from Philadelphia; the court of Charleston was of opinion that the holes had been opened, and condemned the two prizes. The fuperior courts did not adopt this opinion, and the firft fentence was reverfed; but after how long a time, how much care, fatigue, pain, and expenfe?

In the affair of the Princeffe des Afturies, at New York, as will be feen hereafter, only two cannon and a fcore of fufees were in queftion; behold what is called an armament, behold how words are abufed!

Prizes have been arrested under fill more frivolous pretexts. The privateer La Parifienne had infringed a revenue law of the United States, fhe was feized and condemned by the district court. This tribunal; doubtlefs agreeable to rules prefcribed by

the

the law, had reftored this veffel to her owners, on making them pay her value. The privateer, after having executed the fentence of the court, went out and made two confiderable prizes ;-one was fent into Charleston, and the other into Savanna. They were both arrested at the inftance of the English confuls, under the pretext that the tribunal had acted illegally, by reftoring the confifcated privateer ;-that notwithstanding this reftitution, and the payment of her value to the treasurer, fhe had always remained the property of the United States, and could not make any lawful prize. This ridiculous affertion was seriously opposed in the district and circuit courts, and in the fupreme court of the United States; at the clofe of the proceedings, which lafted near two years, the prizes were adjudged to the captors, but without allowing them damages.

In like manner have been treated the rich and numerous prizes of the French privateers La Mere Michelle, Le Brutus, Le General Lavaux, and Le Vengeur. The captors have gained their caufes in three courts, and have not obtained damages.

Were it neceffary to cite here all the vexatious proceedings commenced against French veffels, the underfigned minifter plenipotentiary would be obliged to write a volume. He contents himself with adding, to what he has juft faid, the affair of the Vengeance and that of the Caffius.

Affair of the Vengeance.

At the beginning of 1794 the predeceffor of the undersigned charged the captain of La Dorade, a French galliot, with a particular miffion for St. Domingo. He ordered him to go to New York with his galliot, to take fome powder, which was at Sandy Hook, on board the frigate La Semillante, belonging to the Republie, and which made part of her equipment, and to carry them to General Leveaux. This veffel had formerly been armed for war; the had been built with portholes, confequently the attracted the particular attention of the government. Many difficulties were thrown in her way; but finally, after having fubmitted to all the requifite infpections, fhe failed with a formal clearance from the collector of the customs of Philadelphia. She went to New York, where the captain acquitted himself of his miffion, and thence to Port de Paix, where the powder was delivered to General Leveaux. At that place this galliot was fold to an inhabitant of St. Domingo, who armed her, equipped her completely, partly at Port de Paix, and partly at Cape François. She was called La Vengeance, and given to Captain Berard, as commander, who failed from St. Domingo with a commiffion in good form, and a crew entirely French, to cruize against the enemies of the Republic. A few days after her departure the captured a Spanish veffel called the

0024

Princeffe

Princeffe des Afluries, laden with a rich cargo, and carried her into the port of New York, in the fummer of 1795.

The Spanish conful, availing himself of the facility given him by the law of the 5th of June, 1794, had the prize arrested, under the pretext that the privateer had been armed in the United States, and we faw officers of the government appear to defend his affertion; Mr. Harrifon, attorney of the district of New York, and Mr. Troup, clerk of the district and circuit courts, to which appertained the decifion of the cause.

It was under thefe aufpices that the prize was arrested, and the captain of the privateer faw himself obliged to defend her against the allegation of a pretended armament. But it was not fufficient to have arrefted the prize, they muft alfo attack the privateer. This did not fail to happen. Shortly after Mr. Harrifon, without laying afide his office of attorney for the captured, but acting in this inftance in the name of the United States, informed against La l'engeance, and required her arreft under the fame pretext which had been used for arrefting her prize. This information was not founded on any affidavit or material proof. But Mr. Attorney, according to his letter to the fecretary of state, had no need of any; he had feen in the hands of the Spanish conful documents fufficient for having the prize condemned. In fine, not content with thefe meafures, the fame attorney, fome time after, the two other caufes being ftill pending, exhibited a fecond information against the privateer, and had her arrefted anew, for having exported arms in violation of a law of the United States, which was in force when the Vengeance failed from New York. This information was made on the fimple declaration of Mr. Giles, marfhal of the court, who, as informer, was to fhare part of the confifcation. So that all the officers of the diftrict court (except the judge) were interested in the condemnation of the privateer or her prize. It is well to obferve, that during the courfe of the procefs the monies arifing from the fale of the prize were depofited in the hands of the clerk (attorney for the Spaniards), thofe arifing from the fale of the prize in the hands of the marshal (informer and interefted in the confifcation);-fo that their intereft was to fpin out these causes by means of appeals; and fo it has happened.

As this laft information is here principally in queftion, it is proper to enter into fome details on the fubject. It appeared in the allegation, that the privateer had exported from the United States two cannon, twenty mufkets, and fifty barrels of powder.

Two cannon and twenty mufkets could fcarcely be an object of commercial fpeculation. The existence of the cannon has never been proved, and certainly whatever mufkets were found on board were only for the defence of the veffel, without a wish to infringe the laws of the American government. The powder in truth was

of

of the greatest confequence, but the conful of New York haftened to give his declaration under oath, and to prove, by witneffes, that this powder had been taken from on board La Semillante, and made part of her equipment. Mr. Harrifon did not yield to this evidence.

However, the three caufes went on; but the yellow fever, which took place at New York, fpun them out to confiderable length. The judgment of the diftrict court was not given till November. In the mean time an exprefs, which Captain Berard had fent to St. Domingo, on the firft arreft of his prize, had returned with papers, proving in the most convincing manner, that the Vengeur had arrived at Port de Paix without any armament or equipment whatever; and that he had been fold, armed, and equipped wholly, and commiffioned as a privateer, on the territory of the Republic. Thefe documents were, certificates of the general, the ordonnateur, &c. of the greater part of the principal officers of St. Domingo; the accounts of armament attefted by all the providers [fourniffeurs], &c. the whole executed in the most authentic form.

The undersigned haftened to communicate thefe documents to the fecretary of state of the United States, and to' request that he would order the attorney of New York district to stay the proceedings he had inftituted in the name of the government; there was nothing done with them, and Mr. Harrison continued his profecution.

In fine, the moment came for deciding these three causes. They were pleaded with much preparation before the district court of New York. The privateer was acquitted of the charge of illegally arming, and the prize adjudged to the captor. Mr. Harrifon did not appeal as to the privateer; but the cause of the prize was carried to the circuit court, and finally to the fupreme court; and thefe two tribunals confirmed the fentence of the diftri&

court.

As to the exportation, the judge was of opinion that the vessel fhould be condemned for it; and grounded his fentence only on the article of twenty mufkets. Some of the attornies for the privateer had confidered it as of fo little confequence, that they had not conceived it would be brought in queftion; and had omitted to speak of it in their pleadings. It was natural to appeal from fuch a fentence; the conful of New York was the appellant, and required, agreeable to a law of Congrefs, that the veifel fhould be given up to him under fecurity, during the appeal; but he could not obtain it; the veffel was fold for lefs than a tenth part of the coft of her armament, and the money was depofited till the conclufion of the procefs.

The circuit court, as was expected, fet afide the fentence which condemned the privateer; but Mr. Harrifon, not content