rican government. This, however, on an impartial consideration of the subject, will I think appear otherwise, and I believe you only require a correct statement of facts to remove the impressions made by that memoir.

No doubt can arise on the illegality of the capture, but it is supposed the arrangement made between your agent, Dr. Stephens, and general de Haudeville, materially changed the ground on which you originally stood, and much prejudiced your claim against the captors. It is also to be lamented that you suffered the time limited by law to pass over without prosecuting the appeal, or complying with the formalities always considered indispensable in such cases; for in vain might Mr. Dupont say that the law of the 4th Prairial, 6th year, corresponding to May, 1798, did not extend to the French colonies; with the same propriety you might have been referred by the French government to the colony where the capture and arrangement with general de Haudeville was made for payment. These facts I mention in no other view than to show, that where appeals are made, and other legal formalities complied with, not only in prize causes but in every other, always have a preference; and on that ground, was there no other, the American and French ministers might suppose they have granted you a large proportion in allowing your claim out of the Louisiana fund, three hundred thousand francs; and your agents must also have thought so, or I presume they would not have given a receipt in full, thereby debarring you from any further de

mand.

I am of opinion, nay I speak with confidence, that our government wished to give a preference to prize causes, but by the convention of 1803, the appropriations are entirely left to the French government, who have generally preferred such claims as were embraced by the convention for sup plies made them by American merchants. This arrangement left a balance of the Louisiana fund, but not sufficient to satisfy all the prize causes; for there are now on the dockets of the tribunal of prizes many cases, although not positively decided on, the formalities relative to which, so far as they go, have at least been legally complied with; and it is a fact which ought not to escape attention, the New Jersey has been preferred and obtained judgment, when the others, with more form, have not.

The American minister has had a most difficult task to execute; for when he arrived in France there were not fourteen hundred thousand francs unappropriated, with de

mands against that sum for many millions. He therefore proposed that all cases should be liquidated by being placed on the same footing; but the French government by the convention having reserved to itself the right of distributing the fund appropriated for the payment of American claims, he could only act in conjunction with the French minister of the publick treasury, both of whom have invariably aimed at impartiality in disposing of this small balance among the different claimants.

It is a very singular assertion of Mr. Dupont, that the French government would have admitted the claim for the whole amount; for had he supposed so, why not have returned as he could, and had a right to, the bureau of liquidation for a revision of the claim; but no, his doubts of receiving any thing are evident from his own statement, particularly as the minister of the publick treasury only thought of paying one third; but afterwards, on reconsideration, was of opinion with general Armstrong that three hundred thousand francs was a more equal proportion; and the sum has been paid under the impression only that no sort of discrimination should be made between the owner and underwriter; and on this occasion I take it on myself to assert, that general Armstrong acted under no other idea.

The letter said to be written by general Armstrong I have understood was communicated confidentially to your agents, after having written a second, placing the claim on a better footing than it was originally; and as to the effect to which Mr. D. attaches so much importance, it never produced any; but had any effect been produced by it, this was completely done away before your agents knew of its existence; there fore the publication of this letter in Mr. D.'s pamphlet is too palpable not to be understood by every man who judges without prejudice. But let us suppose, for a moment, the French government even contemplated paying the whole amount of your claim out of the Louisiana fund, which does not appear to have been the case, general Armstrong would have been extremely reprehensible had he assented to it; for it must have been almost to the entire exclusion of every other claimant.

When I left Paris, general Armstrong had been confined to his bed for some weeks, which accounts for his not taking notice of the publication in question; and although I disapprove of the letter, I am very certain it never did in the slightest degree injure your claim.

You have now, gentlemen, the impressions of my mind entirely free from prejudice; and I beg to avail myself of

this opportunity of assuring you that so far from ever discovering any thing hostile or unfriendly towards you, that I have uniformly, as often as your house has been the subject of conversation, spoken of it as among the most respectable of our country.

Mr. H. Waddell to James Madison, Esq. Philadelphia, February 26, 1806.

SIR, When in Washington 1 mentioned to your excellency that my view of the case of the New Jersey was very different from the general representations on that subject; and since my arrival here, having given my opinion very freely to the same effect, Messrs. Nicklin and Griffith requested me to state in writing my ideas on the subject. I accordingly wrote them a letter, of which I enclose your excellency a copy. In so doing I have, nor can have, any other intention than to state facts which have been withheld, or mutilated; but as I knew the abuse I should incur by its publication, I merely enclose it for your excellency's satisfaction until you receive more complete information on the subject from France. I have the honour to be, &c.

HENRY WADDELL.

MESSAGE

FROM THE PRESIDENT OF THE UNITED STATES TO THE SENATE, RELATIVE TO SHIP NEW JERSEY. MARCH 7, 1806.

ACCORDING to the request of the Senate of yesterday I now transmit the five printed memorials of the agent for the ship New Jersey, in the one of which marked B, at the 9th page, will be found the letter relative to it from the minister plenipotentiary of the United States at Paris to the French minister of the treasury, supposed to be the one designated in the resolution. We have no information of this letter but through the channel of the party interested in the ship, nor any proof of it more authentick than that now communicated.

TH: JEFFERSON. The following extract from the memorial, transmitted with the foregoing message, contains a copy of the letter therein referred to.

The undersigned Minister of the United States, to the Minister of the Publick Treasury. Paris, Dec. 5, 1804.

SIR, I had the honour of receiving your letter on the subject of the claim made by Messrs. Nicklin and Griffith, of Philadelphia.

With regard to the facts which you allege, viz. that this is an English house, doing only business for English merchants; that the ship New Jersey was loaded from the English factories at Canton; and that she belonged to English merchants; I know nothing from any documents in my possession. The only written evidence applying to this case within my reach is the record of the American commission to which you allude, and which is directly adverse to the suggestion you have made; for I find that the commissioners united in admitting the New Jersey to have been American property; and that the protest of one of the members of that board against the ultimate decision of the others, was founded, not on the fact of her being English property, but on that of the claimants not having pursued their remedy against the captors to its proper consequence, viz. to an assurance that they were unable to pay.

On the other hand, though I have, as already stated, no written document, I have had much verbal information, which furnishes strong presumptive evidence of two facts: 1st. That the Jersey was partially or altogether English property; and 2d. That whether American or English, she was insured; and that no loss was sustained by the ostensible claimants.

The circumstances which render the first of these facts probable are, that one, if not both, the partners of this house were recently, before the fitting out of the ship Jersey, the clerks and carriers of pattern cards for manufacturing houses in Great Britain; that they have been notoriously the commission agents of such houses since; that they were not in a condition to fit out a ship of the value of the New Jersey with their own means; and that if they had assistance it mus have been derived from British sources, as it has not been even pretended that they have had any American support.

The circumstance rendering the second fact probable is in the knowledge of all men acquainted with commerce as conducted in the United States, viz. that much property committed to the seas on long voyages, and in a state of war, is always insured. Whence the probability that the present claim is pursued, not on account of the ostensible owners, but of the insurers. If these insurers are Americans they have been amply paid in their profits, which in 1797 were equal to 20 per cent. per annum on their capital; and if English, they cannot come within the provisions of the treaty.

Such is the amount of the verbal information I have received in this case, which at the same time I think it neces sary to observe has been received without the sanction of an oath. I am, sir, &c. JOHN ARMSTRONG.

M. Marbois, Min. Publick Treasury.

1

MESSAGE

from the president of the united sTATES TO CONGRESS, RELATIVE TO SPANISH INNOVATIONS. MARCH 19, 1806.

It was reasonably expected that while the limits between the territories of the United States and of Spain were unsettled, neither party would have innovated on the existing state of their respective positions; sometime since, however, we learnt that the Spanish authorities were advancing into the disputed country, to occupy new posts, and make new settlements. Unwilling to take any measure which might preclude a peaceable accommodation of differences, the officers of the United States were ordered to confine themselves within the country on this side of the Sabine river, which, by delivery of its principal post Natchitoches, was understood to have been itself delivered up by Spain; and at the same time to permit no advance post to be taken, nor armed men to remain within it. In consequence of these orders, the commanding officer at Natchitoches, learning that a party of Spanish troops had crossed the Sabine river, and were posting themselves on this side the Adais, sent a detachment of his force to require them to withdraw to the other side of the Sabine, which they accordingly did.

I have thought it proper to communicate to Congress the letters detailing this incident, that they may fully understand the state of things in that quarter, and be enabled to make such provision for its security as in their wisdom they shall deem sufficient. TH: JEFFERSON.

Major Porter to Captain Turner. Natchitoches, February 1,

1806.

SIR, You are immediately to proceed, with the detachment now under your command, to the neighbourhood of Adais, where, should you fall in with a stationary party of armed Spaniards, you will command them, or any other armed party of foreigners which you may discover, to withdraw beyond the Sabine river. In case of their refusing to comply, you are to treat them agreeably to the orders of the Secretary of War, (a certified extract of which accompanies these instructions) as far as relates to the pursuit, capture, and detention, of invaders or aggressors; and avoiding the spilling of blood, but when these orders cannot otherwise be executed. You are to patrole, if practicable, the country between this and Sabine. Be on your guard against surprise, and