British prizes sent into this port by French privateers, viz, the brig Mermaid, of Halifax, Nova Scotia, laden with fish, oil, wine, and lumber, and the ship Amity, of Lymington, laden with sugar and various other articles, as from the measures that the agents for the captors are adopting, I am led to think their intentions are to sell both vessels and cargoes, in contravention of the twenty-fourth article of the treaty of amity, commerce, and navigation between His Britannic Majesty and the United States of America.

I have, &c.,
(Signed)

BENJAMIN MOODIE.

No. 96.

Major-General Pinckney to Vice-Consul Moodie.

CHARLESTON, April 10, 1796.

SIR: Immediately on the receipt of your letter of the 8th instant, as it related to a matter of a new impression, I transmitted it to Mr. Pringle, the attorney-general of the State, and requested his opinion upon the legal construction of the treaty as far as it related to the object of your letter. Mr. Pringle has consulted Mr. Parker, the Federal attorney, and neither of those gentlemen have yet formed an opinion on the subject. Of this I apprise you, as I am obliged to set out to-morrow for the review of the southern regiments. Colonel Lee, in the governor's absence, will then command in town, and if the opinion of Messrs. Pringle and Parker should coincide with yours, he will prevent the intended sale. Mr. Pringle informed me he would see you on the subject.

I have, &c.,
(Signed)

CHARLES COTESWORTH PINCKNEY.

New York.

Vice-Consul Moodie to Mr. Pringle, attorney-general of the State of

MONDAY, April 11, 1796.

DEAR SIR: I did myself the honor of addressing General Pinckney in a letter, dated the 8th instant, expressing my apprehension that two British prizes, viz, the Mermaid and the Amity, lately sent into this port by French privateers, were intended to be brought to sale, and that opinion led me to think that such sale would be considered as a contravention of the twenty-fourth article of the treaty of amity, commerce, and navigation between His Britannic Majesty and the United States of America. This letter General Pinckney wrote me he had transmitted to you as attorney-general of the State, and requested your opinion upon the legal construction of the treaty. The general's absence from town, and a public advertisement offering for sale one of the prizes to-morrow forenoon at 11 o'clock, confirm me in the sentiment I first expressed, and is the cause of my soliciting your opinion this evening that I may, in case of need, be enabled to take such legal measures to prevent a sale as my counsel shall recommend.

I have. &c.,
(Signed)

BENJAMIN MOODIE.

No. 98.

Mr. Pringle to Vice-Consul Moodie.

MONDAY NIGHT, April 11, 1796. DEAR SIR: I have advised measures for postponing the sale of the prizes, the subject of yours to me this evening, till further deliberation can be had respecting your requisition depending on the construction of the twenty-fourth article of the treaty between Great Britain and the United States. Colonel Lee, I presume, will acquaint you what is at present to be done in the business.

I am, &c.,
(Signed)

JOHN J. PRINGLE.

No. 99.

Colonel Lee to Vice-Consul Moodie.

BROAD STREET, April 12, 1796.

SIR: Major-General Pinckney, previous to his leaving the city, directed me to consult with the attorney-general of this State relative to the sale of the British prize which was to have taken place this day, and which you contemplate as an infraction of the late treaty between the United States of America and your sovereign, and he further directed me to prevent the sale if the attorney-general should be of opinion that it should be stopped. I have obeyed the orders of the major-general in the first instance, but, not having obtained from the attorney-general a decided opinion on the part submitted to him, I do not think I should be justified in using military force to prevent the sale of the prize. I will only add, that the courts of the United States are open to all the subjects of His Britannic Majesty, and you can have no doubt of obtaining from those tribunals every degree of justice to which they can possibly be entitled.

Since I wrote you on the 12th November I am without the pleasure of any of your favors.

It was my wish to have written you very fully by this conveyance of the loss of the prize causes in the Supreme Court of the United States, for the information of my Lord Grenville as well as of the underwriters; but my counsel, Colonel Read, has not yet furnished me with any of the sentences from the records of that court, which for the present puts it out of my power.

Inclosed you will, however, receive the state of them as handed me by His Majesty's chargé d'affaires in Philadelphia,' from which it would

1See Appendix No. 7.

appear nothing but the ownership being in American citizens will causea restoration of prizes, and that the law of the 5th June, 1794, passed in Congress, as well as the general laws of nations, so far as respects the arming, equipping, augmenting, or altering the ships of war or privateers of any power at war in neutral ports, are entirely set aside in the courts of this country. Indeed, Mr. Chase, one of the Federal judges, gave it as his opinion that the citizens of the United States had a right to build and equip ships of war as an article of trade, and to dispose of them to either of the belligerent powers without any breach of their neutrality, provided none of those were in any manner concerned in them after they became cruisers.

Consul-General Sir J. Temple to Governor Jay.

NEW YORK, October 14, 1796.

SIR: I think it proper to inclose to your excellency a representation this morning, made to me by Mr. John Crosskill, master of the schooner Industry, now in this harbor.

I have, &c.,
(Signed)

[Inclosure 1 in No. 101.]

J. TEMPLE.

Captain Crosskill to Consul-General Sir J. Temple, Bart.

NEW YORK, October 14, 1796.

SIR: In obedience to your request, I took with me two captains of ships to Buchanan's Wharf, where still remains a vessel fitted out in every respect as a privateer. She had on the wharf last night ten carriage guns, and were fitting the carriages to them, and this morning the guns were taken on board with other warlike stores. There are a great number of men on board, who appear to be French, also several officers in uniform. She is copper-bottomed, and about 130 tons measurement. Her sails are bent, and it seems as if she was going to sea this day. There is a man on board who we think is a pilot. This schooner has been obviously fitting out here for more than three weeks.

I am, &c.,
(Signed)

No. 102.

JOHN CROSSKILL,

A British Ship-Master.

Governor Jay to Consul-General Sir J. Temple.

NEW YORK, October 14, 1796.

SIR: I have this moment been favored with yours of this day, inclosing a representation made to you by Mr. John Crosskill, stating that a French privateer is fitting in this port, and is nearly ready to sail.

I will immediately communicate your letter and this representation to the attorney-general of the United States for New York district, to the end that he may take such measures as may be legal and proper on the occasion.

I have, &c.,
(Signed)

JOHN JAY.

No. 103.

Consul General Sir J. Temple to Mr. Liston, British minister in the United States.

NEW YORK, October 15, 1796.

SIR Inclosed is a representation made to me yesterday concerning a French privateer, and copies of my correspondence with Governor Jay upon the occasion.

This morning I learn that the said privateer mentioned in my cor respondence fell down last night, and is now at her anchors below, out of the reach of cannon from Governor's Island. Reports prevail here that Admiral Murray, in the Resolution, is now in Halifax harbor. I am, &c., (Signed)

J. TEMPLE.

[296]

*No. 104.

Mr. G. Hammond to Lord Grenville.

[Extract.]

PHILADELPHIA, November 5, 1794. (Received December 8. In conformity with the intention expressed in my dispatch No. 31, I have now the honor of transmitting to your lordship a list, compiled from returns sent to me by His Majesty's consuls, of such British res sels as have been brought as prizes into ports of the United States since the commencement of the present hostilities to the beginning of the month of August. On this list it is proper for me to remark that the value of a considerable proportion of the British vessels captured, and of their cargoes, is omitted in the consular returns; that of those of which the value is mentioned, though it be much underrated, the amount is £196,548 sterling; and that of seventy-five British prizes forty-six were made by privateers fitted out in ports of the United States.

The depredations of these last-mentioned vessels, which seemed to have been in some measure suspended by the appearance of a British naval force in these seas, have by recent accounts from Charleston recommenced. I likewise learn from Baltimore that several vessels are now arming in that port, for the purpose of proceeding to Port de Paix, in St. Domingo, or to Guadaloupe, and of these procuring French commissions. Though, by an act passed in the last session of Congress, this be a punishable offense, the difficulty of obtaining legal proof of the intention of the persons arming such vessels is a sufficient objection to the institution of any judicial proceedings thereon; and it is useless to address any complaints upon subjects of this nature to the General Government, since the investigation of them is commonly committed to the governors of the respective States, of whom a great majority is so hos tile to Great Britain, as readily to connive at measures, the execution of which may be injurious to her interests.

Value at the time of capture.