be free for her to continue her voyage until she has shown this passport.

5. Considering, in fine, that it results from the declaration made by captain Ingraham, commanding the ship Diana, that he had no sea-letter or passport: Declares to be good prize the said ship Diana, with her tackle and apparel and her cargo,-orders that sale shall be made of her in the accustomed manner, in order that the proceeds may be divided among the owners, officers and crew of the privateer Vengeur, and that in consequence all guardians, sequestrators and depositaries shall deliver them up, for doing which they shall be warranted.

Brest, the 8th Frimaire, 5th year of the Republick, one and indivisible-Signed on the register Joseph Duplessis, president, Guilhem, the elder, Binard, the father, Lorans, judges, and Chalands, an assistant to the judges.

Signed and delivered,

HETET, Sec.

I, J. Cox Barnet, consular agent of the United States of America, for the port of Brest, do certify that the above is a true copy of the original signed by Hetet Greffier of the tribunal of commerce of this commune, now in my hands.

Brest, 28th January, 1797.

J. COX BARNET.

Extract of a Letter from Joseph Iznardi, Consul of the United States at Cadiz, to the Secretary of State, dated Cadiz, 15th December, 1796.

I SHALL now proceed to exhibit in one point of view, the number and actual situation of the American vessels detained in the ports under the district of this consulate, which are as follow.

Mercury of New York, Captain Brooks.-She was taken by a French privateer, going into Gibraltar for instructions from the owner's correspondents, to proceed up the Mediterranean. She is now detained at Malaga, and the judicial proceedings sent to Madrid in order to have the affair settled by the ministers.

Eliza of Charleston, Captain William Flagg.-She was taken by the same privateer, going also to Gibraltar for instructions to proceed up the Mediterranean. The judicial proceedings of her cause were sent to Madrid with those of captain Brooks, to be conjointly arranged. The cargo of this vessel has been landed at Ceuta, and I have opposed its being sold until a determination is agreed to by the ministers at Madrid. The vessel is released and now here.

Elizabeth of Philadelphia, Captain Garner.-She was taken coming from London and brought here; and was going to Sevilla to load with fruit on account of a house at Hamburgh. She has no proper sailing documents, but only a certificate that she is American property by purchase in London. I have opposed her being condemned, and wrote to London, demanding the documents wanting. Independent of the difficulties arisen on that account, this admiralty wants to condemn her for not having the passports required by the 17th article of the late treaty of commerce and amity between the United States and the king of Spain; but I have shown to the court she could not possibly be provided with it.

Mary Ann of Philadelphia, Captain Smith.-She wa taken by the Grand Dorade French privateer, going from Saffi to Lisbon with wheat, and brought in here. Her papers are perfectly right, and the French seem perfectly satisfied on that head, which made me expect her immediate release; when they have suddenly started difficulties, which are nothing but cavilling and chicane. The cargo is on account of a neutral established at Lisbon, and is to be sold, and the amount given security for. This is the vessel I mentioned in my last, which had had the mate and crew taken out on the high sea, and nothing has since then been heard respecting them.

Commerce of Boston, Captain Langlois, and another American vessel-have been taken and carried into Alge-siras, going for and steering towards the Mediterranean. I have wrote to be acquainted with the particulars, and act accordingly.

Extract of a Letter from B. H. Phillips, Esquire, dated Curacoa, 25th March, 1797, and addressed to the Secretary of State.

you

SIR, Within a few days past, the following vessels have been sent in here by cruisers under French colours, in consequence of a proclamation done by Victor Hughes at Guadaloupe, in the last month, and of which no doubt have had notice ere this.-The vessels sent in areship Fame, captain Joseph Brown, belonging to Portsmouth, New Hampshire, from whence she sailed the January, bound with a cargo of lumber to Grenada, where she sold her cargo, and received a return cargo of sugar and rum, which she has on board.

Jan

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Brig Lady Washington, Captain Mayo Garrish, belonging to Newburyport, sailed from Charleston, South Caro lina, the 29th of January last, bound with a cargo of rice, Ma staves, pork and shingles, for a market, and sold her cargo at Barbadoes, where he received sugar and rum, which Feb she has on board.

Van Ransley

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Schooner Two Friends, Captain (the captain was kept on board the privateer, and is not yet arrived) belonging to New York, sailed from Wilia mington, North Carolina, 20th of January, loaded with a cargo of turpentine, pitch, tar, tobacco and lumber, clear Au ed out for New York, but by letters said to be in posses D sion of the captors, was bound to Martinico.

Extract of a Letter from Frederick Folger, Esq. appointed Consul for the United States, at Aux Cayes, to the Secre tary of State, dated February 10, 1797.

"HEARING with pain of the captures made on the ves sels of the United States, and brought into the different ports of this island, I endeavoured to obtain a list of them; but as they are carried into ports distant from my resi dence, it was a long time before I could succeed; however, I have the honour to transmit you one, although imperfect. I wish it may be acceptable; it exhibits a melancholy picture of the hazardous state of our commerce, which it seems, has been always a prey under some pretext or other to the belligerent powers."

Sa