Department of State, June 10, 1797. I HEREBY CERTIFY, that the foregoing documents numbered from 1 to 21, inclusive, are true copies of the original communication from Andrew Ellicott, Esq. the commissioner of the United States, appointed to run the boundary line between their territory and his catholick majesty's colonies of East and West Florida, to the Secretary of State. GEORGE TAYLOR, JUN. Chief Clerk. FROM THE MESSAGE PRESIDENT OF THE UNITED STATES TO THE HOUSE OF REPRESENTATIVES, JUNE 22, 1797. IMMEDIATELY after I had received your resolution of the 10th of June, requesting a report respecting the depredations committed on the commerce of the United States, since the first of October, 1796, specifying the name of the vessel taken, where bound to or from, species of lading, the value (when it can be ascertained) of the vessel and cargo taken, and by what power captured, particularizing those which have been actually condemned, together with the proper documents to ascertain the samel, directed a collection to be made of all such information as should be found in the possession of the government: In consequence of which the Secretary of State has made the report, and the collection of documents which accompany this message, and are now laid before the House of Repre sentatives, in compliance with their desire. JOHN ADAMS. Department of State, June 21, 1797. SIR, I have the honour to lay before you a report respecting the depredations committed on the commerce of the United States, since the first of October, 1796, as far conformable to the resolve of the House of Representa tives, of the 10th instant, as the materials in my possession would admit. The number of captures will give a tolerably correct idea of the extent of our losses, and the documents will show the nature of the depredations, and the causes or pretences for which they have been committed. I am, with the greatest respect, &c. The President of the Secretary of State. United States. S REPORT OF THE SECRETARY OF STATE, RESPECTING THE DEPREDATIONS COMMITTED ON THE COMMERCE OF THE UNITED STATES, SINCE THE FIRST OF OCTOBER, 1796. AMERICAN Vessels have been captured since the first of October, 1796, by the armed vessels of Spain, Great Britain and France. Of captures by Spanish cruisers, one was of the polacre Independence, capt. Robertson, laden wholly on account of the United States, with stores for Algiers, in pursuance of the treaty with that regency. She was taken on the 16th of February last, at the entrance of the Straits of Gibraltar, and carried into Cadiz. The polacre's papers were perfectly clear; among others, she had a special passport under the hand of the President of the United States, and the great seal thereof, declaring the vessel to be the property of two citizens of the United States, (whose names were inserted in the passport) and that the cargo was wholly the property of the United States, and destined for Algiers. She had also the passport of the dey. The general of the marine had cleared the polacre and cargo; but the owners of the privateer appealed to the tribunal at Madrid, and on the 31st of March, there had been no decision known at Cadiz. There have, probably, been a number of captures by Spanish cruisers, although not particularly specified: the consul of the United States in one of the ports of Spain, having informed, that almost daily, American vessels were taken, and brought in by French and Spanish privateers. Captures and losses by British cruisers, the Secretary presumes, have not been numerous: for the citizens of the United States having these three years past, been accustomed to look up to the government for aid in prosecuting their claims, it is not to be doubted, that generally these cases have been reported to the department of state. An abstract of such as have been communicated is annexed. In order to present a clearer view of French depredations, it will be necessary to notice the rules which she has prescribed to her cruisers and tribunals. As applicable to captures made since last October, the decree of the executive directory of the 2d of July, 1796. merits the first attention. It announces that the conduct of France towards neutrals, will be regulated by the manner in which they should suffer the English to treat them. At Malaga and Cadiz, the French consuls have interpreted this decree, to authorize the capture and condemnation of American vessels for the single circumstance of their being destined to a British port. But its fullest effect has been produced in the West Indies, whose seas swarm with privateers and gun-boats, which have been called forth by the latitude allowed to their depredations, by the indefinite terms of that decree, and the explanatory orders of the agents of the directory at Guadaloupe and St. Domingo. Two of these decrees have been already communicated to Congress, and it may be only requisite here to refer to them. * At Guadaloupe an order was issued by Victor Hugues and Lebas, dated the first of February last, authorizing the capture and condemnation of all neutral vessels bound to certain enumerated ports, which, it is pretended in the decree, were delivered up to the English, and are occupied and defended by emigrants; and also of such vessels. as should be cleared out generally for the West Indies. This decree refers to and enforces a decree of the 24th of December, 1796,‡ issued in conformity with the decree of the executive directory of the 2d July, 1796, so far as it is not departed from by that decree of the 27th of February last. The decree of the 24th December has not been received at the department of state; but is supposed to di * In the report of the Secretary of State, dated the 27th of February, 1797. +13th Nivose, 5th year: 4th Nivose last. rect the confiscation of the cargoes of neutral vessels, bound to or from British ports, occupied by them before the present war. For it appears, that whilst they have confiscated, both vessel and cargo, in cases which fall within the scope of the decree of the 1st of February, they have spared the vessel, and confiscated only the cargo, where she had been bound to or from such acknowledged British port. The agents of the directory at Cape Francois, by their decree of the 27th November last, direct the capture and bringing into port of American vessels bound to or from British ports, there to remain until it should be further ordered. This further order was afterwards issued; as will appear by the copy of the condemnation of the ship Pattern, of New York; by which it will be seen, that like the consuls at Malaga and Cadiz, they interpret the decree of the executive directory of the 2d of July last, as authorizing the condemnation of American vessels, merely because bound to or from a British port. To the foregoing, succeeded the decree of the executive directory of the 2d March last, which has been communicated to Congress during the present session. That copy of the decree was taken from a newspaper, and is HOW found to be imperfect. A translation from the decree, as officially published by the directory, is annexed to this report. Although we do not yet know what is its operation, yet it cannot fail to produce very great vexation and loss to the American commerce; the documents it requires to prevent confiscations, not having been before declared indispensable, or demanded, and no time being allowed for the vessels of the United States to provide themselves therewith. Besides these several decrees, and others which being more limited the former have superseded, the old marine ordinances of France have been revived, and enforced with severity, both in Europe and the West Indies. The want of, or informality in a bill of lading-the want of a certified list of the passengers and crew-the supercargo being by birth a foreigner, although a naturalized citizen of the United States-the destruction of a paper of any kind soever and the want of a sea-letter, have been deemed sufficient to warrant a condemnation of American property, although the proofs of the property were indubitable. The West Indies, as before remarked, have exhibited the most lamentable scenes of depredation. Indeed, the conduct of the publick agents and of the commissioned cruisers there has surpassed all former examples. The American vessels have not only been captured under the decrees before mentioned, but when brought to trial in the French tribunals, the vessels and cargoes have been condemned, without admitting the owners or their agents, to make any defence. This seems to be done systematically, and for the obvious purpose of ensuring condemnations. By this monstrous abuse in judicial proceedings, frauds and falsehoods, as well as flimsy and shameless pretexts, pass unexamined. and uncontradicted, and are made the foundation of sentences of condemnation. The persons also of our citizens have been beaten, insulted and cruelly imprisoned; and in the forms used towards prisoners of war, they have been exchanged with the British for Frenchmen. American property going to or coming from neutral or even French ports, has been seized-it has even been forcibly taken when in their own ports, without any pretence, or no other than that they wanted it. At the same time, their cruisers are guilty of wanton and barbarous excesses, by detaining, plundering, firing at, burning and distressing American vessels. Official papers to prove the very numerous depredations on our commerce, and the atrocities and abuses attending the capture and condemnation of our vessels and cargoes, by French cruisers and tribunals, not having been publickly called for, few have been received. Of former claims for injuries committed since the beginning of 1793, and of which a report was made to the House of Representatives on the 27th of February last, a very small proportion had been satisfied; and for a considerable time no payments had been obtained. Under this distant and discouraging prospect of obtaining compensation, the citizens suffering by more recent French depredations, have, generally, omitted to present accounts of their losses; and they have in many cases had no opportunity of getting the evidence of the condemnations, which are attainable be |