Message, Jan. 27, 1806, communicating report of Secretary of State respecting "new principles interpolated in the Message, March 5, 1866, relative to ship New Jersey Message, March 24, 1806, transmitting letter from minister of the United States at London Message, April 14, 1806, relative to capture of a Tunisian Message opening Congress, December 2, 1806 Documents accompanying above message relative to Spanish Message, Dec. 3, 1806, relative to negotiations with Great Message, Feb. 19, 1807, transmitting letters from Messrs. Monroe and Pinckney, relative to treaty with British commissioners; also, letter from Mr. Armstrong, trans- Spanish decree in conformity with Berlin decree AMERICAN STATE PAPERS. MESSAGE FROM THE PRESIDENT OF THE UNITED STATES TO CON" GRESS. NOV. 4, 1803. By the copy now communicated of a letter from captain Bainbridge of the Philadelphia frigate to our consul at Gibraltar, you will learn that an act of hostility has been committed on a merchant ship of the United States by an armed ship of the emperor of Morocco. This conduct on the part of that power is without cause, and without explanation. It is fortunate that captain Bainbridge fell in with and took the capturing vessel and her prize; and I have the satisfaction to inform you, that about the date of this transaction such a force would be arriving in the neighbourhood of Gibraltar, both from the east and from the west, as leaves less to be feared for our commerce from the suddenness of the aggression. On the 4th of September the Constitution frigate captain Preble, with Mr. Lear on board, was within two days sail of Gibraltar, where the Philadelphia would then be arrived with the prize; and such explanation would probably be instituted as the state of things required, and as might perhaps arrest the progress of hostilities. In the mean while it is for Congress to consider the provisional authorities which may be necessary to restrain the depredations of this power, should they be continued. TH: JEFFERSON. United States' Frigate Philadelphia, East of Malaga about ten miles.Monday, August 29, 1803. James Simpson, Esq. DEAR SIR,-I wrote you from Gibraltar on the 24th instant, mentioning that we should sail the next morning for Malta. Hearing at the Rock, that two Tripolitans were off Cape de Gatt, made me proceed with all expedition to examine that part of the Spanish coast. On the 26th i. blowing very fresh, at 8 P. M. being nearly up with Gape de Gatt fell in with a ship carrying only her foresail, which had a brig in company, under the same sail. It being night, and her guns housed, prevented an immediate discovery of her being a crusier. After hailing for some time found that she was a vessel of war from Barbary; on which information I caused her boat to be sent on board the frigate Philadelphia with her passports, from which I dis covered that she was a cruiser belonging to the emperor of Morocco called Mirboha, commanded by Ibraham Lubareg, mounting twenty-two guns, and manned with one hundred men. By not making ourselves known to the officer who came on board, he confessed that the brig in company was an American, and had been with them three or four days, was bound to some port in Spain, had been boarded by them but not been detained. The low sail the brig was under induced me to suspect they had captured her, notwithstanding their having your passport, which it must appear from the sequel, was only obtained to protect them from American ships of war. I sent my first lieutenant on board to examine if they had any American prisoners; on his attempting to execute my orders, he was prevented by the captain of the cruiser. This increased my suspicion, and I sent a boat with armed men to enforce my instructions; after they were on board they found captain Richard Bowen, of the American brig Celia, owned by Mr. Amasa Thayer of Boston, and several of his crew, who was taken on the 17th instant, from Barcelona, bound to Malaga, within two or three leagues of the Spanish shore, and about twenty-five miles to the eastward of Malaga. The captain and the crew they had confined below deck, which they always did when speaking a vessel. After making this discovery I immediately ordered all the Moorish on board the frigate, for I made no hesitation in capturing her, after such proceedings on their part, and violation of the faith of passports which ought to be sacred. Owing to the high wind and sea, it took me the greater part of the night to get the prisoners on board and man the prize, which detention occasioned losing sight of the brig. The following morning discovering many vessels in divers directions, the day was spent by the frigate and prize in chasing to find the captured brig: about 4 P. M. made her coming round Cape de Gatt from the eastward, standing close in shore for Almeria bay. Owing to the wind not being very fresh, we were going slow in approaching her; the greatest exertions were made by lieutenant Coxe, in towing and rowing the prize. Fortunately, the wind increased in the evening, and we re-captured her at twelve o'clock at night. The Moors confessed that they came a cruising for the sole purpose of capturing Americans to be sent to Tangier. I have received a paper from them written in Moorish, which they say is their authority from the governour of Tangier for so doing. I enclose this to John Gavino, Esq. with a particular request to have it safely conveyed to you, that you may be informed of the circumstance and act accordingly. I believe the governour of Tangier is much disposed for hostilities with the United States; the Moorish prisoners accuse him as the sole cause of their present situation. I sincerely hope that the capture may be productive of good effects to the United States with the emperor, who may be assured that if he goes to war unjustly with the United States, he will lose every large cruiser he has, and God grant that it may not in the least prove a disadvantage to you. My officers and self have made it a marked point to treat the prisoners not only with the lenity that is due from humanity, but with particular attention and civility, to impress on their minds a favourable opinion of the American character. That you may receive this information as early as possible, I despatch my boat on shore at Malaga, to request William Kirkpatrick Esq. consul, to send it by express to Gibraltar. I shall be extremely anxious to hear from you, as also for the arrival of commodore Preble, to receive his instructions relative to the captured ships. I am bound to Gibraltar bay with the prize, but am fearful we shall be detained for want of an eastwardly wind. I am, &c. WILLIAM BAINBRIDGE. MESSAGE FROM THE PRESIDENT OF THE UNITED STATES TO CONGRESS. DEC. 5, 1803. I HAVE the satisfaction to inform you that the act of hostility, mentioned in my message of the 4th of November to have been committed by a cruiser of the emperor of Morocco on a vessel of the United States, has been disavowed by the emperor. All differences in consequence thereof have been amicably adjusted, and the treaty of 1786 between this country and that has been recognised and confirmed by the emperor, each party restoring to the other what had been detained or taken. I enclose the emperor's orders given on this occasion. The conduct of our officers generally, who have had part in these transactions, has merited entire approbation. The temperate and correct course pursued by our consul, Mr. Simpson, the promptitude and energy of commodore Preble, the efficacious co-operation of captains Rodgers and Campbell of the returning squadron, the proper decision of captain Bainbridge, that a vessel which had committed an open hostility was of right to be detained for inquiry and consideration, and the general zeal of the other officers and men, are honourable facts which I make known with pleasure. And to these I add, what was indeed transacted in another quarter, the gallant enterprise of captain Rodgers in destroying on the coast of Tripoli, a corvette of that power of twenty-two guns. I recommend to the consideration of Congress a just indemnification for the interests of the captors of the Meshouda and Mirboha, yielded by them for the publick accommodation. TH: JEFFERSON. TRANSLATION. PRAISE be given to God alone. May God be propitious to our master Mahomet and to his family. [Imperial Seal.] Know all those who shall see this noble writing-all our governours-those encharged with our affairs, and |