States, inform the court, that between the sixth day of June in the year of our Lord one thousand seven hundred and ninety-four, and the time of exhibiting this information, Aquila Giles, Esq. marshal of the district of New York, did at the city of New York, in the New York district, seize to the use of the said United States as forfeited a certain schooner or vessel called La Vengeance, her tackle, apparel and furniture, together with four swivels and ten carriage guns mounted on board of the said schooner, being of the goods and chattels of some person or persons to the said attorney unknown, for that the said schooner or vessel after the said sixth day of June, in the year of our Lord one thousand seven hundred and ninetyfour, and between the said day and the time of exhibiting this information, was fitted out and armed within some, or one of the ports, harbours, bays, rivers or other waters of the said United States, to wit, at the city of New York in the New York district, with intent that the said schooner or vessel should be employed in the service of a foreign state-to wit-of the Republick of France, to cruise upon the subjects of the king of Spain, the said king being then and now at peace with the said United States, and that the said four swivels and ten carriage guns were between the said time procured at the place aforesaid for the equipment of the said schooner with the intent aforesaidcontrary to the form of the statute in such case made and provided. By reason whereof, the said schooner or vessel, her tackle, apparel and furniture and the said swivels and carriage guns have become forfeited. Whereof the said attorney for the said United States prays the judgment of the court in the premises-and that the said schooner La Vengeance, her tackle, apparel and furniture and the said swivels and carriage guns, may for the reason aforesaid remain forfeited according to the form of the said statute.

HARRISON, Attorney U.S.

for the New York District. ROBERT TROUP, Clerk.

I do hereby certify, that the aforegoing is a true copy of the original information filed in my office; and I do

further certify that no affidavit or proof has been filed in the said office to certify the allegations in the said information contained.

ROBERT TROUP, Clerk of the District.
P. A. ADET.

Copy,

No. 72.

Mr. Randolph, Secretary of State, to Mr. Adet, Minister Plenipotentiary of the French Republick. Department of State, August 11, 1795.

SIR, Since my last letter to you respecting the privateer La Vengeance and her prize, the enclosed papers have been transcribed; and I avail myself of the earliest moment to forward them.

I have the honour to be, &c.

EDM. RANDOLPH.

No. 73.

Mr. Troup, Clerk of the District Court of New York, to Mr. Randolph, Secretary of State. New York, August 7, 1795.

SIR,-In the absence of Mr. Harrison, who is attending our supreme court at Albany, Mr. Ludlow has put into my hands your letter of the 30th ult. to Mr. Harrison, on the subject of the suits depending against the French privateer La Vengeance and her Spanish prize.

On the 2d ult. a libel was filed on the admiralty side of the district court of the United States for this district, in behalf of Don Diego Pintado a subject of the king of Spain, against the ship San Joseph alias La Princessa de Asturias, her tackle, apparel, furniture and appurtenances, and the cargo on board of her. A copy of the libel is enclosed. On the filing of this libel the usual process was issued to the marshal, in virtue of which he took the ship into custody, together with her cargo. On the 13th ult. citizen Jean Antoine Berard, as the captain of the French privateer La Vengeance, filed his answer and claim in the suit so instituted in behalf of Don Diego Pintado, a copy of which answer and claim is also enclosed.

The suit was instituted upon the official application of the Spanish consul for this state; and it originated from copies of official letters which had passed in the course of last spring between several of the revenue officers in the port of Philadelphia, and also between one of these officers and the governour of the state of Pennsylvania. From these letters and other information received by the Spanish consul, there was strong reason to apprehend that the French privateer had been fitted out and armed within the United States, with intent to cruise or commit hostilities upon the subjects of the king of Spain, and their property; and if this were the fact, the legal inference drawn from it was, that the forcible detention of the Spanish ship and her cargo by the French privateer in this port was illegal; and consequently, that the subject of the king of Spain was entitled to the aid of the courts of the United States, to compel a restoration of his property. Upon the filing of the libel in question, it was not necessary by the course of proceeding in courts of admiralty, or by any law of the United States, or by any law or usage of this state, that the libel should be accompanied by any affidavit or evidence whatsoever to verify the allegations contained in it. The libellant has instituted his suit, as in all similar cases, at the peril of paying costs and adequate damages to the claimant, in case the final decree in the suit should be against the libellant. For the payment of these costs and damages, security to the satisfaction of the claimant has been taken. The suit has been at issue for some days past, and divers witnesses have been examined on both sides. On the part of the libellant it has been testified in substance, That the privateer in question is a very fast sailer, and was pierced for fourteen guns, that she had six ports on each side open, and one port on each side shut. That the privateer being in the port of Philadelphia in the month of March last, (under the character of a merchantman) appearances manifested an intention of fitting her out as a privateer. These appearances were communicated to the surveyor of the port, who caused her to be closely observed. That it was discovered that the two ports that were shut, had been opened and hinges put on them. That irons were fixed on her bow for swivels, that she had a great number of water casks in her hold, and a very large caboose on

board of her. That the water casks were too numerous, and the caboose too large for the accommodation of such a vessel on a common trading voyage. That she had changed her captain, from an American to a Frenchman. That her military equipments were reduced by the interference of the government. That the said caboose remained on board, and was alleged by the captain to be intended for the accommodation of a number of passengers. That on or about the twenty-third day of March last past the privateer, so as aforesaid reduced as to her military equipments, sailed from the port of Philadelphia, and at the distance of about thirty or forty miles below the fort, she met with a shallop lying at anchor and waiting for her. That thereupon the privateer came to, and two cannon, being three pounders, two swivels, some muskets, pistols, sabres, pikes, and some bullets (rather of a larger caliber than the cannon) were taken from the shallop and put on board the privateer. That after these equipments were thus taken on board of the privateer, she came directly round to New York, and anchored within the Hook, about the distance of two musket shots from the Hook, the day before Easter. That soon after her said arrival at the Hook, she was visited by captain Dennis of the Revenue Cutter, who asked what vessel she was, and from whence she had come. The answer, received through one Wilson was, that she had come from Guadaloupe. Upon which captain Dennis further asked, what passage she had had? The reply was fifteen or sixteen days. Captain Dennis then repeatedly desired to see the papers of the privateer, but they were constantly refused, upon the pretext that the privateer was upon a secret mission which could be communicated only to the French consul. That upon this the pilot who had brought the privateer from below the fort above mentioned, said, that the privateer had been chased into the Hook by three English vessels. That she was in the Hook only for shelter, and that she wanted nothing. That captain Dennis hereupon offered the captain of the privateer a passage in the Revenue Cutter to the city of New York, which was refused. That thereupon capt. Dennis left the privateer. That whilst capt. Dennis was on board of the privateer one Rostan was made use of as the captain of her, whilst her real captain was Jean Antoine Berard.

That on the very day capt. Dennis left the privateer, capt. Berard went to the city of New York, and in the course of three or four days afterwards a boat came down to the privateer so at anchor within the Hook with fortyeight chests of gunpowder, each chest weighing about one hundred and fifty pounds. That these chests of powder were put on board of the privateer, and soon afterwards capt. Berard returned with some seamen, and the priva teer set sail for Port de Paix, where she arrived and delivered forty-five of the chests of gunpowder to general Laveaux. That soon after capt. Dennis had left the privateer as aforesaid, she mounted the cannon on board of her, and they continued mounted after her arrival at Port de Paix. That when the privateer left Philadelphia she had about thirty men on board who were all sailors or volunteers belonging to the privateer as is believed. That at Port de Paix the privateer was careened and her bottom tallowed, and she took in four pieces of cannon (being four pounders) some fresh biscuit, and some mulattoes and blacks to replace some seamen who had deserted; and captain Berard there also received a privateer's commission from general Laveaux. That from Port de Paix the privateer went to the Cape, and from thence on a cruise, and in the course of three days cruising she took the prize in question.

The above are some of the matters testified on the part of the libellant, but the examinations on either side are not yet closed, and what will be the nature of the testimony hereafter given it is impossible to say. All the despatch will be given to the cause which circumstances admit of. Subpoenas are now on their way to Philadel phia to be served on several witnesses residing there and whose attendance is required in this city on the 14th instant.

It will naturally occur to you, sir, that two questions will arise in the cause-1st. Was the privateer fitted out and armed within the United States? If she were, ought the court to decree a restoration of the property to the libellant? These are questions now sub judice, and I presume it would be improper in me even to hazard a conjecture upon them. As to the suit against the privateer, it was commenced by Mr. Harrison as attorney for the district, upon an official disclosure to him by the Spanish