printed account, that the affair presents such an aspect. The point to be decided appears to me to be, whether Talbot had or had not a right to become a Frenchman, on renouncing the protection of the United States. Whether his vessel had or had not been built in the United States, appears to me to be immaterial, since it is proved that the vessel was French property when she was commissioned. Besides, I do not believe that in last December there existed a law to prohibit an American from transporting his property at his own risk, and disposing of it where and to whom he should think proper.

To return, sir, I have just explained to you the vexations to which citizen Talbot has been exposed, as well in his person as his property. I earnestly request you, and I expect it from the justice of the federal government, to cause them to cease as soon as possible. As far as the process, commenced against him is concerned, I believe that he has appealed in his own name to the circuit court from the sentence pronounced by the admiralty. I know that the government cannot officially interfere in this business; but would it not be possible to engage the attorney of the district at Charleston to aid captain Talbot with his good offices to recover as speedily as possible a prize, which, according to the 17th article of our treaty, the Ami de la Pointe a Petre, acknowledged to be a French privateer, "has a right to conduct where it pleases, without the officers of the admiralty in the ports or harbours of the United States, taking cognizance of the validity of the said prize."

I cannot close this letter without mentioning to you a circumstance which took place in the suit in question, and which lies heavy at my heart. The chancellor of the consulate at Charleston was summoned to the bar of the court to testify the authenticity of my proclamation. He appeared there without hesitation: but on the next day having been summoned anew, to answer upon points which appeared to the consul foreign to the matter pending in the court, he received an order to testify upon this second demand, agreeably to a citation to the French consul and to his chancellor to appear before the judge of the admiralty, and an order to the marshal of the court to bring with him a copy of the documents demanded, or the documents themselves. I enclose a copy of the summons.

Without speaking of the immunities of our chanceries, and of the application of this right to the present case, you will observe, sir, how inconsistent the terms of this paper are with the cordiality which ought to prevail between the publick officers of our two nations, and with the reciprocal regard which they have a right to expect. I acknowledge, that this incident very seriously affects me; for this kind of procedure, even supposing it to be founded in the law, cannot fail finally to interrupt the good understanding which so happily prevails between the two people, especially if it be compared with the attentive and very delicate manner with which the American tribunals have heretofore been accustomed to treat the agents of the French nation on similar occasions, I do not doubt, sir, that you will partake of my sensibility in this respect. Accept, &c.

JH. FAUCHET.

No. 18.

Charleston, Saturday, August 9, 1794.

WEDNESDAY, in the court of admiralty for this district, the judge pronounced his decree in the long contested cause of the Dutch brigantine the Vrouw Christiana Magdalena, captured and brought into this port by the captains Ballard and Talbot.

The libel was on behalf of the captain and owners of the said brigantine, claiming restitution under the 15th and 19th articles of the treaty with the United Netherlands. A plea was entered to the jurisdiction of the court, under the 17th article of the treaty with France, and the 6th section of the act of Congress of the 5th of June last, entitled "An additional act to the act for the punishment of crimes and offences against the United States."

And a claim was interposed on the behalf of capt. Wm. Talbot, as a French citizen, acting under a commission from the governour of Guadaloupe, and as having taken this vessel out of the possession of capt. Ballard, the original captor, his prize-master producing no commission. The judge, on considering the arguments in support of the plea to the jurisdiction, over-ruled the same as irrele

rant.

1st. Because the 17th article of the treaty with France contemplates only French vessels of war, or privateers legally appointed.

2nd. Because the 6th section of the act of Congress of the 5th of June last does not lessen the jurisdiction of the district courts, in any case of which they had previous cognizance; and the decree of the supreme court of the United States, in the case of Glass and others, against the sloop Betsey, &c. having declared that every district court of the United States possesses all the power of an admiralty court, whether considered as an instance or a prize court. This cause was therefore cognizable therein by the law of nations and the constitution of the court.

The judge being of opinion that capt. Ballard had acted without any commission authorizing him to cruise or arm for war, and had not even the pretence of being a French citizen that capt. Talbot having armed his vessel (then an American bottom) in an American port, proceeded thence to Guadaloupe for the express purpose, as appeared in evidence, of changing the property, applying for a French commission, obtaining the same within two days after the sale of the vessel, and under colour of such commission having captured the said brigantine Vrouw Christiana Magdalena: which acts were deemed contrary to the 19th article of the treaty with the United Netherlands, and in no way derogatory to the 17th article of the treaty with France, as not being within the purview or intention there of-Restitution of the vessel and cargo was therefore decreed.

THE President of the United States of America, to [L. s.] the marshal of the court of the United States, having and holding admiralty jurisdiction.

You are hereby commanded without delay to cite and admonish Antoine Louis Fonspertuis, vice consul, and Rene Godard, chancellor of the consulate of the French Republick at Charleston, immediately to be and appear before the honourable Thomas Bee, Esq. judge of the said court of admiralty, at the usual place of judicature in

Charleston (at the court now sitting) at ten o'clock in the forenoon, then and there to testify the truth on behalf of the libellants in a certain cause instituted in the said court by Joost Janson, late master of the brigantine de Vrouw Christiana Magdalena, against the said brigantine and cargo, and against William Talbot. Herein you are not to fail, and to bring with you or one of you, and produce and lodge in the said court authenticated copies of certain commissions recorded in the publick registers of the office of the consulate of the French Republick in Charleston, heretofore issued in the city of Charleston, in South Carolina district, to the schooner Citoyen Genet, the schooner Sans Culottes, and the schooner les Vainqueurs de la Bastille, or a copy of one of them, and this you may in no wise omit, and also a copy of the marine regulations of France respecting privateers and prizes.

Witness the Hon. Thomas Bee, Esq. judge of the said court of admiralty, at Charleston, the seventeenth day of July, in the year of our Lord one thousand seven hundred and ninety-four, and in the nineteenth year of the sovereignty and independence of the United States of America.

JACOB READ, Proctor.
In the Admiralty, Joost Janson, the
Brigantine de Vrouw Christiana
Magdalena, and her cargo, and
William Talbot.

Co. -Citation and

Decree final

Monsr. FONSPERTUIS.

True copy,

READ.
JH. FAUCHET.

No. 20.

WINDWARD ISLANDS,

EQUALITY.

LIBERTY.

GUADALOUPE. S

FRENCH REPUBLICK.

IN THE NAME OF THE FRENCH PEOPLE.

George Henry Victor Collot, major general of the armies of the French Republick, governour of the Islands and their dependencies.

In consequence of the declaration of war made against the king of England and the stadtholder of Holland, agree

ably to the proclamation of citizen Rochambeau, commandant general of the Windward Islands, and the hostilities committed in the latitudes of Guadaloupe and its dependencies, by the ships of the enemy:

We, in virtue of the powers delegated to us, authorize citizen Samuel Riddick, resident at Point a Petre, to arm for war under the command of citizen William Talbot, the schooner L'Ami de la Pointe a Petre, of the burden of about 60 tons, to cruise against the enemies of the Republick, of whatsoever nation they may be, and to sustain with the courage and intrepidity of a true republican, the dignity and honour of the national flag.

We enjoin the owner and officers commanding the said schooner not to permit any pillage of negroes, cattle, moveables and utensils of the inhabitants residing upon those enemy coasts; religiously to respect the fishermen, their canoes and nets, conformably to the decree of the National Convention, hereby disavowing all violences, which may be exercised against the law of nations, and we formally declare, that we will compel the restitution of all captures which shall be made contrary to the law of a liberal and generous warfare, which the French Republick intends to wage with its enemies.

We equally desire, that the prizes which may be made, may be conducted, as far as it is practicable, into the ports of Guadaloupe; and, if this colony should be attacked, that the said vessel should come to its assistance and make a common cause with it, against the publick enemies; and for the fulfilment of the above conditions, citizen Samuel Riddick has given good and sufficient security to the municipality of Point a Petre; and the present shall be enrolled in the tribunal of the district of the said town of Point a Petre.

Given at Basseterre, Guadaloupe, the 8th of January, 1794, in the third year of the French Republick,

COLLOT.

Registered in the register of enrolments of the registry of the tribunal of the register, established at Point a Petre, this 9th of January, 1794, in the 3d year of the French Republick.

CONARD.

GODARD.

JH. FAUCHET.