moderation-so as by all means to avoid the possibility of a charge of aggression against the United States-you will see in my letter of the 14th of July, was specially enjoined by the President. And a perseverance in the same course I trust will eventually issue in a peaceable adjustment of the disputes now subsisting, respecting the posts, the country where they are situated, and the navigation of the Mississippi. The pacifick views of the United States and their good faith are not to be doubted, and it is clear as demonstration can make it, that the Baron has nothing to apprehend from the British from Canada: and consequently that he has now no cause or pretence for retaining the posts, or for delaying to run the boundary line."

MESSAGE

FROM THE PRESIDENT OF THE UNITED STATES TO CONGRESS.

FEB. 5, 1798.

I HAVE received a letter from his excellency Charles Pinckney, Esq. governour of the state of South Carolina, dated on the 22d of October, 1797, enclosing a number of depositions of witnesses to several captures and outrages committed within and near the limits of the United States by a French privateer, belonging to Cape Francois or Monte Christo, called the Vertitude or Fortitude, and commanded by a person of the name of Jordon or Jourdain, and particularly upon an English merchant ship, named the Oracabissa, which he first plundered and then burned, with the rest of her cargo of great value, within the territory of the United States, in the harbour of Charleston, on the 17th day of October last; copies of which letter and depositions, and also of several other depositions relative to the same subject, received from the collector of Charleston, are herewith communicated.

Whenever the channels of diplomatical communication between the United States and France shall be opened, I shall demand satisfaction for the insult, and reparation for the injury.

I have transmitted these papers to Congress, not so much for the purpose of communicating an account of so daring a violation of the territory of the United States, as to show the propriety and necessity of enabling the executive authority of government to take measures for protecting the citizens of the United States, and such foreigners as have a right to enjoy their peace and the protection of their laws within their limits, in that as well as some other harbours, which are equally exposed. JOHN ADAMS.

Letter from Governour Pinckney to the President of the United States. Charleston, Oct. 22, 1797

SIR,-I have the honour to submit to your consideration the enclosed affidavits respecting the English ship Oracabissa, burnt on Tuesday last within the bar of this harbour by a privateer said to be called the Vertitude, commanded by a captain Jourdain, and belonging to Cape Francois; also of the capture of the ship Pallas belonging to this port, and the Mary of Savannah. By an examination of these affidavits, you will find this was a very glaring and wanton violation of the neutrality of the United States, and such as will require their serious attention. The distance from this city to the place where the act was committed, prevented our interfering in time. As soon as I received intelligence of it from the British consul, I ordered an armed force from Fort Johnson to proceed to the Oracabissa, to protect her while within our harbour and the jurisdictional line of the United States, from seizure, depredation, or insult; but the cutter was not able to get down before the ship was destroyed, and the privateer had put to sea, and proceeded beyond the limits of the United States, where she captured the Pallas and the Mary the next day. As I am convinced these violations of our neutrality within our harbours and limits cannot be countenanced by the French government, but are generally committed by vessels not commissioned, or which proceed contrary to their instructions, I have considered it my duty to transmit them to you for your determination, and have requested the collector to forward copies to the proper department. The trade of this city being extremely important to the revenue of the United States, and much exposed from its southern situation to cruisers from the Floridas, Bahamas, and West Indies, British as well as French, for they have both lately captured a number of our vessels, I conceive it would be proper that a revenue cutter of at least twenty guns should be equipped for the use of this port, and for the protection of the neutrality of the United States within our jurisdictional line, until the establishment of a general peace, which I trust will soon take place, and that all our differences with the French Republick will be honourably and amicably adjusted. I have the honour, &c. CHARLES PINCKNEY.

State of South Carolina, city of Charleston.

By John Mitchell, Esquire, Justice of the Quorum in and for the said state, and Notary Publick, by lawful authority duly sworn, admitted and commissioned, residing and practising in the city and state aforesaid.

Do hereby certify, that on the day of the date hereof, personally came and appeared before me the said Notary, Jonathan Story, master of the ship Oracabissa, of London, who being duly sworn on the holy evangelists of Almighty God, did depose, tes

tify and declare, that on his voyage from Jamaica, loaded with sugar and rum, bound for London, he met with severe gales of wind, by which he lost his main and mizzen masts and sprung a leak, that being in great distress off the harbour of Charleston, the British consul having had information of his situation, sent six or seven men to assist him, and enable him to get over the bar and up to Charleston to repair the said vessel; that after several days laying at anchor off the bar, on Friday evening the thirteenth of this instant, October, he got over the bar with the said ship, and came to anchor in Five Fathom Hole, in the harbour of Charleston aforesaid, the wind being contrary he could not proceed up to the city; that on Monday evening the sixteenth of said month about sun down, he saw a small armed schooner come over the bar and come to anchor to the N. N. w. of said ship, but showed no colours; that immediately the said armed schooner weighed anchor, and came close up under their starboard quarter, and came to anchor, ordered him to hoist out his boat, but on his answering his boat was stove, they sent their boat with an officer and four or five armed men with pistols and cutlasses, took forcible possession of said ship Oracabissa, ordered the deponent with his papers on board the said schooner, and carried him and one man on board, and sent the boat with four or five armed men on board the said ship; that when he got on board he perceived two carriage guns, but the small arms were concealed from him; that he asked the name of the said schooner and the captain's name, but they refused to inform him, one of the men said she came from Cape Francois, and was a French privateer; that as soon as the boat went the second time with men on board, he saw them begin to plunder the vessel and cargo, and continued to do so till eight o'clock on Tuesday morning; that they brought as much rum and sugar of the cargo, and the rigging and sails of the vessel, as they could stow in the said privateer; that at nine o'clock they cut the said ship Oracabissa's cables, and set her on fire in four several places, to wit-fore, main and after hatchway, and in the gun room; the ship then drifted on the breakers near the shore; after which the captain of the said privateer told him he had fifty men on board, but would not tell him his name or the vessel's name; also said that the captain of a British frigate had burned a privateer he commanded in Hampton Roads, and for that reason he burned the ship, but could he have carried her off he should have done it; that the deponent received part of his clothes in a bag, and received no personal bad treatment, himself or crew; immediately after the privateer weighed anchor, got over the bar, and went into Stono Inlet, and landed him with fifteen men on the beach, being the whole number on board the ship when taken at anchor in the harbour of Charleston, contrary to the laws of neutrality and of nations; that they got to Mr. Taylor's, who treated them very kind, and in a friendly manner.

JONATHAN STORY.

In testimony whereof, I the said Notary have hereunto set my hand and affixed my seal of office, at Charleston, [L. S.] this eighteenth day of October, in the year of our Lord 1797, and in the 22d year of the independence of the United States of America.

JNO. MITCHELL, Q. U. Not. Pub.

State of South Carolina, city of Charleston.

By John Mitchel, Esquire, Justice of the Quorum in and for the said state, and Notary Publick, by lawful authority duly sworn, admitted and commissioned, residing and practising in the city and state aforesaid.

Do hereby certify, that on the day of the date hereof, personally came and appeared before me the said Notary, Michael Delany, who being duly sworn on the holy Evangelists of Almighty God, did depose, testify and declare, that he is a branch pilot belonging to Charleston; that on this morning A. M. as he was conducting the brig Hannah of Charleston, Capt. Daniel Bythewood, into harbour, this seventeenth instant, at a quarter past nine o'clock he discovered the British ship Oracabissa on fire from her stern to the main hatch; but being then about four miles distant from her he cannot be more particular; that at the time he first discovered the fire, there were no colours flying that he could perceive, but in a few minutes after he saw colours flying at the fore-topmast head, but could not distinguish of what nation.

his

MICHAEL DELANY.

mark.

Capt. Daniel Bythewood being also duly sworn agreeably to Jaw, deposeth, that on this morning, about a quarter past nine o'clock, being in the brig Hannah of Charleston, under his command, as he was crossing the bar of Charleston, having Michael Delany, a branch pilot, on board, he saw a large ship dismantled, and at anchor in Five Fathom Hole, within the bar and harbour of Charleston: he saw the smoke and flames issuing from the said ship from her stern to the main hatchway; that when he first discovered the smoke, he perceived no colours, but afterwards saw colours flying at the fore-topmast head, but could not distinguish to what nation they belonged. DANIEL BYTHEWOOD.

Mr. John Colhoun being also duly sworn agreeable to law, deposeth, that on yesterday the sixteenth of this instant, October, about half past one o'clock P. M. he went on board the British ship Oracabissa in Five Fathom Hole, commanded by Capt. Story, with provisions sent by his Britannic majesty's consul for the captain and men on board, the said ship having lost her main and mizzen masts, being in distress from severe

gales, and a great leak which kept one pump going; about half past two, being at dinner with the captain, one of the seamen came and informed him there was a picaroon coming in, he had better be on his guard for fear of an attack, when the captain asked the deponent to go out and look at the said picaroon, which he did, and was of opinion with the seamen and pilot that the said picaroon or privateer was an enemy's vessel; that the seamen wanted to fire at her, but by the advice of the deponent, the captain forbad it, but got the six-pounder in order to defend the vesel if she was attacked; the said picaroon came over the bar, passed the ship, and came to an anchor between her and the light house; soon after the said picaroon weighed anchor and came to N. N. w. at between two and three miles distance, about five o'clock; the deponent left the said ship and proceeded to Charleston in a whale boat, with two negroes; that he rowed close under the stern of the said picaroon or schooner privateer to endeavour to find out what she was; that he hailed her and asked from whence she came, to which answer was made in bad or broken English, from Savannah, and also desired the deponent to come on board, to which he refused; he then asked him if he was a pilot, he answered No, but would send him one if he wanted one; to this the same voice asked what ship that was, to which he replied, ay! ay! he then rowed towards the ship to put them on their guard, on which the said picaroon weighed anchor and endeavoured to cut him off from the ship, but he hailed the ship and told them to take care, at which time the said schooner fired a shot at him; he then ordered the sail set and stood for the light house, at which time he received a second shot, and was chased until he got into shoal water; they then fired a third shot, but were obliged to desist chasing, and proceeding to the ship, came to an anchor about a mile from her stern; he then proceeded to Charleston, and about nine o'clock informed the British consul of the above particulars. JOHN COLHOUN.

In testimony whereof, I the said Notary have hereunto set my hand and affixed my seal of office, at Charleston, this EL. s.] 17th day of October, in the year of our Lord 1797, and in the 22d year of the independence of the United States of America. JNO. MITCHELL, Q. U. Not. Pub.

State of South Carolina, City of Charleston.

By John Mitchell, Esq. Justice of the Quorum in and for the said state, and Notary Publick by lawful authority duly sworn, admitted and commissioned, residing and practising in the city and state aforesaid.

Do hereby certify, that on the day of the date hereof personally came and appeared before me the said Notary, Mr. Shadrach Turner, of Charleston, a pilot, who being duly sworn on