No. 20.

Extract of a Letter from Mr. Pickering, Secretary of State, to Mr. Ellicott, dated Department of State, Philadelphia, August 30, 1797.

"YOUR expresses, Mr. Bean and Mr. Robins, arrived here on the 24th instant, and delivered me your two letters of June 27th. The same day I received your letters of May 27th and June 4th and 5th.

The Baron de Carondelet's proclamation of the 24th of May, inclosed in your letter of June 4th, abandons almost all the former pretences for retaining the posts, which he says "is occasioned only by the imperious necessity of securing Lower Louisiana from the hostilities of the English, who have set on foot (without regard to the inviolability of the territory of the United States) an expedition against Upper Louisiana." By my former despatches covering the printed reports and documents, you will have seen that this expedition had never any existence. This is more fully shown in my letter of the 8th instant, to the chevalier de Yrujo, now enclosed. And my answer to him about the navigation of the Mississippi, and the articles of our treaties with Great Britain concerning it, also among the printed documents, demonstrates that in those stipulations we have not departed from the strictest line of good faith towards Spain; that we have granted nothing in respect to the navigation of the Mississippi, to Great Britain; and that the ideas the United States entertained on that subject, were perfectly known and understood by the government of Spain, when our treaty with Spain was concluded; and that there is nothing contradictory between the two treaties, the British and Spanish.

As therefore the Baron de Carondelet has not a shadow of foundation to suspect an expedition by the British against Upper Louisiana, as the American government has formally declared to the British minister, for the information of his government, that we will suffer the march of neither British nor Spanish troops through our territory, for the purpose of hostility of one against the other; as, finally, the British themselves (as you will see in Mr. Liston's letter among the printed documents) declare they never had formed such a plan of an expedition, and ac

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knowledged that its execution would violate our territorial rights-for these reasons, on the principles of his proclamation the Baron ought immediately to evacuate the posts and territory of the United States.

These observations will also apply to the Baron's proclamation of the 31st of May, in which, however, he takes somewhat new ground. What "security" can the United States give, or rather what will the Baron deem a "security" against a descent of the English by the Mississippi? If the facts and assurances already stated and given on the part of the United States do not satisfy, nothing can. With respect to any hostile intentions of the United States towards Spain, as intimated by the Baron in this last proclamation, nothing is more unfounded. The march of the troops to Tennessee from the Ohio, is for the sole purpose of establishing a force in that country to restrain the inhabitants or other citizens from aggressions against the Cherokees, and especially to prevent a forced settlement, which was threatened, on the Indian lands, and any orders to the Cumberland militia to hold themselves in readiness, can be only for the object of preventing encroachments on the Indian lands, and to preserve peace. If we meditated an attack against the Spaniards on the Mississippi we should certainly contemplate an easier route than by a wilderness of many hundred miles in extent, through which the transportation of stores and provisions would be impracticable; or of such extreme difficulty and boundless expense, as folly alone would attempt.

I have now only to notice the general commotion at the Natchez, among the inhabitants, against the Spanish government, which seems to have been quieted very much by your prudent management. This line of conduct, caution, prudence, 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 Óracabissa, 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, October 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, testify 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