MESSAGE

FROM THE PRESIDENT OF THE UNITED STATES TO THE

SENATE. JAN. 31, 1805.

ACCORDING to the desire expressed in your resolution of the 28th inst. I now communicate a report of the Secretary of State, with documents relative to complaints against arming the merchant ships and vessels of the United States, and the conduct of the captains and crews of such as have been armed.

TH: JEFFERSON.

THE Secretary of State, to whom the President of the United States has been pleased to refer the resolution of the Senate, of the 28th inst. requesting that there may be laid before the Senate such documents and papers, or other information, as the President should judge proper, relative to complaints against arming the merchant ships or vessels of the United States, or the conduct of the captains and crews of such as have been armed-has the honour to annex hereto ;

1st. A copy of a letter, addressed to the Secretary of State, by the envoy of Great Britain, dated on the 31st of August last.

2d. An extract of a letter to the same, from the late charge des affaires of France, dated 6th May last, which was preceded and followed by other letters and conversations of the same gentleman, urging the subject upon the attention of the government. It has been also urged by the present minister of France in his interviews with the Secretary of State.

Of the enclosures alluded to in the aforesaid letter and extract, the only authenticated statement relative to the conduct of the American private armed vessels, which has been received at this department, is contained in the annexed letter from Mr. George Barnewall, of New York, and the document accompanying it.

All which is respectfully submitted,

JAMES MADISON. Department of State, Jan. 31, 1805.

No. I.

Mr. Merry to the Secretary of State. Philadelphia, Aug. 31, 1804.

SIR, I have received information respecting several vessels which have of late been armed in, and have sailed from the different ports of the United States, some loaded with articles contraband of war, (gunpowder is said to be the general article) others with cargoes of innocent goods, and others again in ballast. After the diligent inquiry which it has been my duty to make on so important a subject, I think that I can have the honour of stating to you with certainty, that several vessels of the above description, which are mentioned to be schooner-rigged, have sailed lately from the port of Baltimore, whilst others, of a larger size, even ships of considerable burden, and completely equipped for war, have sailed from the port of Philadelphia, bound to the possessions of his majesty's enemies in the East as well as West Indies. It is said, that the object of some of these equipments is to force a trade with the blacks, in the island of St. Domingo, in which attempt the publick prints have stated so circumstantially, as to leave no doubt on the subject that two American vessels have been captured by French cruisers, after making resistance: but I have strong reason to believe, that the destination of others, particularly from the port of Philadelphia, has been with cargoes of contraband articles to the enemies' possessions in the East and West Indies. Let their destinations, however, be what they may, it cannot, I conceive, but be justly considered, that such armaments, on the part of the citizens of a neutral state, must be attended with consequences prejudicial to a belligerent power, and may therefore be deemed rightly as offensive, for which reason the law of nations has stated one of the first obligations of neutrality to be that of abstaining from all participation in warlike expeditions. The armed vessels alluded to, may become the property of the king's enemies, either by capture at sea, or by purchase in the ports to which they are destined, and are thus in readiness to be converted immediately into instruments of hostility against his majesty,

whilst, in another point of view, they are calculated to protect the vessels, when they are loaded with contraband articles, against the lawful search and detention of a lawfully commissioned cruiser, when the latter shall happen to be of inferior force. Indeed, I conceive that it may not be giving too great an extent to the principle of the law of nations, without attending to the nature of the cargo, to consider the very arms, ammunition, and other implements of war, with which such vessels are furnished, as contraband articles, when the vessels have been thus equipped without the authority of the nation to which they belong.

I understand, sir, that the armaments in question have, in fact, taken place under no commission or authority whatever from the government of the United States. I have, therefore, thought it my duty to have the honour of making you acquainted with the information that has reached me on this subject, and, if the observations which I have taken the liberty to make upon it should happily be conformable to the sentiments of the American government, I can safely trust to their justice, as well as to their jealousy of observing the most strict neutrality in the present war, to take such measures as shall appear to them the most proper for suppressing the illegal proceedings complained of on the part of those individuals, citizens of the United States, who shall appear to be concerned in them. I have the honour, &c.

ANT. MERRY.

Hon. JAMES MADISON, Secretary of State.

No. II.

Extract of a Letter from the Charge des Affaires of France, May 7, 1804, and addressed to the Secretary of State.

TRANSLATION.

THE undersigned is informed in a manner, which leaves him no room to doubt it, that the American merchants, who pursue this commerce [meaning the commerce with St. Domingo] publickly arm, in the ports of the United

States, vessels which are intended to support by force a traffick contrary to the law of nations, and to repel the efforts which the cruisers of the French Republick are authorized to make in order to prevent it. These armaments have also for their object to cover the conveyance of munitions to the revolted of that colony. The government of the United States cannot be ignorant of these facts which are publick: the consequences thereof have already been manifested in the West Indies, where the publick papers advise that there have been actions between the French cruisers and American vessels carrying on this

commerce.

In considering the matter merely under the view of the law of nations, it is manifest that American citizens, under the very eyes of their government, carry on a private and piratical war against a power, with which the United States are at peace. The undersigned would be wanting in his duty, if he did not vindicate, under such circumstances, the rights and dignity of his government which are openly injured, and if he did not call the attention of Mr. Madison to the disagreeable reflection which the French government would have a right to make, if the silence of the local authorities, respecting acts of this nature, should be imitated by the government of the United States.

The French government certainly could not see without. a profound regret, that, after having given to the United States the most marked proofs of the desire to place the good understanding of the two nations upon the most immoveable foundations, by abandoning national interests which might have eventually produced collisions, individual interest should now be permitted to compromit this good understanding. Its regret would be still much greater, if, when the dignity and the safety of France are openly injured in the United States, by their citizens, the American government should preserve, respecting these violations, a silence, which would appear to offer an excuse, and even a sort of encouragement, to all the excesses which cupidity may attempt.-Beside that the peace of the two nations cannot but be seriously compromitted by the proceedings of the individuals, and by the reprisals to which they must necessarily lead, this state of things would in

VOL. V.

6

fallibly tend to diminish the amicable disposition, which the two governments wish to cultivate.

No. III.

New York, September 6, 1804.

SIR,-The sufferings of innocent individuals induce me to the liberty I now take of submitting the following statement to your consideration.

In the month of June last, I despatched the ship Hopewell, Preserved Sisson, master, and the brig Rockland, Akens, master, with suitable cargoes, destined for Aux Cayes, in the Island of Hispaniola; the former armed for defence with twelve six pound cannon, and two twelve pounders, with small arms, &c. &c. a crew of thirty-five in number, besides passengers: the latter with eight six pounders, small arms, &c. and a crew of twenty in number, besides passengers. Both these vessels were regularly cleared at the custom-house of this district, and sailed on their intended voyage on the 17th of June. In the prosecution of which they were met with and captured by a privateer belonging to individuals of the Island of Guadaloupe, whither they were carried, and their crews put into close confinement. I beg leave to refer you to the documents enclosed, for the particulars of the situation in which those unfortunate men are placed.

And have the honour to be, &c.

James Madison, Esq.

George Barnewall, Esq.

GEO. BARNEWALL.

SIR,-No doubt ere this you have heard of the capture of the Hopewell and brig Rockland. Owing to s. w. and s. s. w. winds, was obliged to go to the eastward of Bermuda in lat. 27. 38. long. 61. 57. on the 30th of June at 3 A. M. saw a brig which appeared to be dogging us, and at daylight she bore down upon us, hoisted an English ensign and fired a gun to leeward-we were then under all the sail we could set; but finding she came up with us very fast, we hoisted American colours and fired a gun to leeward and shortened sail-I hailed the Rockland and