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to precede every other communication, and without which, making your excellency, your offers null, will cause that want of confidence which destroys all good faith, and leads,to fatal consequences; none of which can attach to the Spanish nation, whose sincerity goes hand in hand with the valour and stability which characterizes her.

Mr. Joseph Arredando will have the honour of delivering you this, and receive your excellency's commands.

With sentiments of respect, I am, &c.

SEBASTIAN KINDERLAN.

Copy of a letter from his excellency Governour Mitchell, in reply to that from the Governour of East Florida, of the 23d June, 1812, dated St. Marys, July 6, 1812, transmitted to the Department of State by Major General Pinckney.

SIR,-1 hasten to reply to your letter of the 23d June, delivered to me last evening by Mr. Joseph Arredando.

I confess I am at a loss in what light to consider your observations respecting the attack made upon the United States troops.

You set out by observing that you can see nothing in the attack made upon them that ought to cause the least complaint; and I with candour admit, that if that attack had been made before any explanation was offered on the part of the United States, the observation would have been more correct; but its being made at a moment when the United States were offering friendly and sincere explanations, nothing could be more offensive, because it unequivocally called in question the sincerity, and consequently the honour and integrity of the government.

I entertain too high an opinion of your character, and too much respect for your judgment and patriotism to believe for a moment that you would consider an indignity of the nature of the one complained of as "a trifling dispute," and am therefore constrained to believe that you have not been correctly informed of the facts.

The truth is, the troops were stationed on the bank of the river and occupied the house of Moosa to which you refer, and the patriots were several hundred yards in their rear, and not within gun-shot of the river; neither was it possible for the troops to impede the free use of the creeks or other water courses leading to or from St. Augustine, since they had neither boats nor cannon, and in fine they were making no demonstration of hostility other than their presence afforded, and furnished no particular reason for an attack at that time more than at any other time previous: and if their situation enabled them to overlook the operations in St. Augustine, it equally enabled those in that place to know all the facts I have stated. The declaration therefore that the party from St. Augustine had not the most distant idea of committing hostilities against the American troops, is so opposite to facts, that I must believe, that as you were not in the province at the time, that you have been deceived, and that the communication which I made previous to that attack had not obtained confidence with those at that time in authority in St. Augustine.

When you state, that if faithful to my promise, I will withdraw the troops without delay from the province under your command, I am induced to believe that you have not favoured me so far as to give my last letter an attentive perusal; in that I state my full persuasion that you did not expect me either to withdraw the troops or to make any proposition for that purpose, until such explanation was given for the attack made upon them as would evince the sincerity of the desire you had expressed of seeing the harmony of the two countries preserved, &c. &c. Now, sir, I have already shown that the explanation you have given is in direct opposition to facts, and does not embrace the point upon which the explanation was required or expected.

I assure your excellency that when I embarked in this business, it was with the most sincere desire to adjust all the differences which had arisen in consequence of the previous transaction in the province; and had my first efforts been met by corresponding ones, and with equal sincerity on the part of those then in authority in St. Augustine, I have no doubt but every difficulty would have been long since adjusted. That was, however, not the case, and for the consequent delay I am no wise chargeable any more than I can be for the final result.

There is, however, another subject, which the candour that characterizes the government of the United States, requires me to present to your consideration; I mean the black troops which you have in your service. Your certain knowledge of the peculiar situation of the southern section of the Union, in regard to that description of people, one might have supposed would have induced you to abstain from introducing them into the province, or from organizing such as were already in it; the contrary I am well assured, is however the fact, and I may venture to assure you that the United States will never tolerate their remaining in the province. It will readily occur to you also, that the war now existing between this country and Great Britain, imposes upon the United States the necessity of a more vigilant regard and attention to what happens in a neighbouring province, and more especially the fact to which I have called your attention; neither will it escape your observation that for the use made of these troops you alone will be responsible.

1 pray your excellency to accept the assurance of my personal respect and esteem. D. B. MITCHELL.

F.

Presented to the Spanish government, May 12, 1805.

FROM the first of October, seventeen hundred and ninety-six, until there were brought into the ports of his Catholick Majesty, in

Europe and Africa, by the French, 168 vessels.

Of the above have been condemned,

Acquitted, ransomed, or compromised,

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Cases of violation of the Spanish territory, condemned,
Run ashore and lost,

Unaccounted for,

Result not known,

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23

13

1

7

50

168

A statement of facts relative to American vessels, taken by French privateers, and condemned in Spanish ports, obtained from the most authentick sources.

Or the French spoliations there have been fifty appeals from the consular judgments in Spain, to the council of prizes at Paris, of which thirty have been released, nine condemned, and twelve are yet depending. Not one sous has been paid in any case, nor is there a single case of such spoliations on the list of liquidations, now at the French treasury, which are to participate of the twenty millions of livres, to be paid by the United States to their citizens, under the treaty of 1803, on account of French spoliations. The American minister never did demand payment of French spoliations made in Spain, knowing them as such, nor did the American agent ever demand it by his order or knowledge. The first intelligence which the American government had of appeals being permitted from the French consular tribunals in Spain, to the council of prizes in France, was received from Spain herself. As soon as it was received, the Secretary of State wrote to

the American minister in Paris, to know what the fact was, and instructed him at the same time to prohibit the agent from acting in such cases; it having been at all times the opinion of the government, that Spain alone was answerable, of whom only has the recompense been demanded.

Taken by the Spaniards since the 1st of October, 1796, until 104 vessels.

the

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NOTE. This statement was made from such documents as were at the time in the possession of our ministers at Madrid. There is reason to believe that it does not embrace all the cases which had then occurred, and it may be observed that others have occurred since the period at which it was made.

INDEX.

ADAMS, John, extract from his journal on negotiations for peace, Nov.
1782 i 267

Adams, John Q to Pickering, unfriendly proceedings of the Batavian Re-
publick, 4 Nov. 1796 ii 418

to Batavian Republick's Committee of Foreign Relations,
faithful observation of our treaties, 31 Oct. ii 421

to Pickering, disrespect of our neutrality, 17 Feb.
1797 ii 421

Adet, address to President, on presenting flags of France, 1 Jan. 1796

i 480

to Pickering, acceptance by France of Republican constitution,
11 March i 484

France will treat neutral nations, as they suffer her
enemy to treat them, 27 Oct. ii 69

reproaches and complaints of France against us, and
suspension of her minister's functions here, 15
Nov. ii 76-107

to Randolph, against the British treaty, 30 June, 1795 ii 124-128
on arrest of La Vengeance,

do

to Pickering,
to Randolph, on the case of the Cassius,

do

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do

2 Aug. ii 208
24 Sept. ii 214

9 Aug. ii 233

11 Aug. ii 235

18 Aug. ii 237

22 Sept. ii 242-245

22 April, 1796 ii 249

25 April, ii 251

3 June, ii 253

to Randolph, offer to make a new treaty, 30 June, 1795 ii 264

explanation of powers, 8 July ii 266

communicating decree in favour of our commerce,
14 July ii 269

to Pickering,British aggressions on our rights.28 Sept. ii 273-275

do

29 March, 1796 i 276

on English purchases of contraband in our country,

12 Jan. ii 278

do

11 March, ii 283-291

on prohibition of sale of prizes, 18 May ii 296
ignorance with respect to cause of French privateer's
conduct, 14 June ii 302

do

7 Oct. ii 303

and astonishment at inquiries,

ignorance of French orders, complaint of Collector at
Boston, 14 July i 304

difficulties with prizes in Carolina, 12 Oct. ii 306-309
complaint about the French flags, 9 Jan. ii 314

complaint about almanacks and registers, 3 March

ii 316

to Randolph, violation by English of our neutrality in case of citi-
zen Fauchet, 10 Aug. 1795 i 332

Ball hanged, i 301

do

Britain, Great, negotiation with, i 19

19 Aug. i 340

VOL. III.

D

Britain, Great, difficulties in commercial intercourse with. i 25 41
instructions to her ships of war, i 321

vexations of our trade by her ships of war and privateers,
i 403

treaty with, papers relative to, by the President declined to
be communicated to House of Representatives. i 485

Carlton, Sir Guy, to Washington, vindication of his conduct at New York,
12 May, 1783 i 181

Catherine, case of the
Cassius, case of the

i 80

ii 99 233 254

Clinton, Gov. to Genet, desiring privateer Carmagnole to be disarmed, 21
Nov. 1793 ii 170

Decree in Sup. Court of U. S. in Glass and al. appellants vs. sloop Bet-
sey, &c. appellee. ii 112

Deforgues to Morris, decree for confiscating neutral property in enemy
ships, 14 Oct. 1793 i 370

Fanny, case of the i 99

Fauchet to Randolph, explanation of subjects of complaint against French,
29 March, 1794 i 410

complaints of vexations experienced by French pri-
vateers, 26 Aug. i 107

do

17 Oct. i 109

complaint of a decree of District Court in S. Caro-
lina against a capture by French privateer, 13
Sept. ii 114

do asserting right of the American captain to
take a French commission, 27 Oct. ii 120
complaint of violation of sovereignty offered to a
French ship of war New York, 23 Sept. ii 139
case of La Carmagnole, 16 Aug. ii 143

do and of another privateer, 21 Aug i 145
servile submission of the agents of executive to Bri-
tish requisitions, 18 Sept. ii 148-153

English frigates carrying French prizes into Nor-
folk, 1 Oct. ii 153

do

do

do

do

6 Oct. ii 156

31 Jan. 1795 ii 158

2 May ii 167

23 May ii 170

conduct towards British and French cruisers, 8

June, ii 186-195

interest of the French Republick exerted in our fa-
vour with Algiers, 4 June, 1794 ii 262

to Adet, on the attempt of the British to take him, 4 Aug. ii 337
Florida, East, documents relative to, accompanying the President's Mes-
sage, 14 Jan. 1813 Appendix.

France, Dauphin of, his death announced i 12

new constitution of, accepted by the king, announced i 24
proposal to receive her debt from us i 42-55

decree in favour of American commerce, 19 Feb. 1793 i 56. See
Genet.

attempts to raise troops in Southern states for hostile expedition,
i 359

decree against American commerce, 9 May, 1793 i 370 ii 353
project for a navigation act to ruin Great Britain i 373-396
vexations of our commerce by her ships of war and privateers i 404
address from to Congress, to tighten the bonds of fraternity 479
acceptance of Republican constitution i 484

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