of marines, the commission of the said prize-master, the declaration made on board the privateer Vengeur, by captain Michel, relative to the causes of stopping the ship Diana, the process verbal of the placing of the seals by the justice of the peace, of the 6th of the said month, the act of property or register, the shipping articles, the declaration of Nehemiah Ingraham, captain of the Diana, that the captain of the privateer Vengeur took his papers from him, and that he had no sea-letter, the contract of sale of the Diana by Thomas Agri, formerly of Pittston and at present at Liverpool, to Edward Swarbrick, formerly of Savannah and at present at Liverpool, two invoices of divers merchandise, divers receipts of light-house duties of the coast of England, divers declarations respecting merchandise laden on board the Diana, two bills of lading of the said mer. chandise, a passport of the United States for J. Miller, Esquire, another of the American consul at Liverpool for James Stanley, the act of naturalization in America of Richard Swarbrick, which papers abovementioned have been translated into the French language by the sworn interpreters, Lecointre and Marzin.

The whole being maturely examined, the tribunal considering, 1. That from the result of divers examinations, and particularly from those of George, Mernezie, Cambuzier, and of divers passengers, there exists a doubt on the quality of the ship Diana.*

2. That it appears from the said examinations, that papers were thrown overboard at the time of the capture ;t that the regulation of the 26th July 1778 declares, article 3d, that vessels belonging to neutrals or allies, which, under such circumstances, throw papers overboard, shall be good prize.

3. That article 25th of the treaty of the 6th February 1778, concluded between France and the United States expressly declares, that the vessels of the contracting parties shall be furnished with sea-letters or passports, from their respective governments.

4. That the 27th article of the same treaty declares, that when the vessels of one of the contracting parties, shall be met by a vessel of war of the other, or by a privateer, the master of the vessel shall show his passport evidencing the property of the vessel, and that it shall not be free for her to continue her voyage until she has shown this passport.

5. Considering, in fine, that it results from the declaration made by captain Ingraham, commanding the ship Diana, that he had no sea-letter or passport: Declares to be good prize the said ship Diana, with her tackle and apparel and her cargo,— orders that sale shall be made of her in the accustomed manner,

[Notes by Mr. Barnet.]

A Mulatto man, who denies having made a declaration of this kind. † Declaration made by an Irishman, prisoner, sent in here on board the Diana, and since set at liberty and entered into the service of the Republick.

in order that the proceeds may be divided among the owners, officers and crew of the privateer Vengeur, and that in conse quence all guardians, sequestrators and depositaries shall deliver them up, for doing which they shall be warranted.

Brest, the 8th Frimaire, 5th year of the Republick, one and indivisible-Signed on the register Joseph Duplessis, president, Guilhem, the elder, Binard, the father, Lorans, judges, and Chalands, an assistant to the judges.

Signed and delivered

HETET, Sec.

I, J. Cox Barnet, consular agent of the United States of America, for the port of Brest, do certify that the above is a true copy of the original signed by Hetet Greffier of the tribunal of commerce of this commune, now in my hands.

Brest 28th January, 1797.

J. COX BARNET.

Extract of a letter from Joseph Iznardi, Consul of the United States at Cadiz, to the Secretary of State, dated Cadiz, 15th December, 1796.

I SHALL now proceed to exhibit in one point of view, the number and actual situation of the American vessels detained in the ports under the district of this consulate, which are as follow.

Mercury of New-York, Captain Brooks.-She was taken by a French privateer, going into Gibraltar for instructions from the owner's correspondents, to proceed up the Mediterranean. She is now detained at Malaga, and the judicial proceedings sent to Madrid in order to have the affair settled by the ministers.

Eliza of Charleston, Captain William Flagg.-She was taken by the same privateer, going also to Gibraltar for instructions to proceed up the Mediterranean. The judicial proceedings of her cause were sent to Madrid with those of captain Brooks, to be conjointly arranged. The cargo of this vessel has been landed at Ceuta, and I have opposed its being sold until a determination is agreed to by the ministers at Madrid. The vessel is

released and now here.

Elizabeth of Philadelphia, Captain Garner.-She was taken coming from London and brought here; and was going to Sevilla to load with fruit on account of a house at Hamburg. She has no proper sailing documents, but only a certificate that she is American property by purchase in London. I have opposed her being condemned, and wrote to London, demanding the documents wanting. Independent of the difficulties arisen on that account, this admiralty wants to condemn her for not having the passports required by the 17th article of the late treaty of commerce and amity between the United States and the king of Spain; but I have shown to the court she could not possibly be provided with it.

Mary Ann of Philadelphia, Captain Smith.-She was taken by the Grand Dorade French privateer, going from Saffi to Lisbon with wheat, and brought in here. Her papers are perfectly right, and the French seemed perfectly satisfied on that head, which made me expect her immediate release; when they have suddenly started difficulties, which are nothing but cavilling and chicane. The cargo is on account of a neutral established at Lisbon, and is to be sold, and the amount given security for. This is the vessel I mentioned in my last, which had had the mate and crew taken out on the high sea, and nothing has since then been heard respecting them.

Commerce of Boston, Captain Langlois, and another American vessel have been taken and carried into Algesiras, going for and steering towards the Mediterranean. I have wrote to be acquainted with the particulars, and act accordingly.

Extract of a letter from B. H. Phillips, Esquire, dated Curacoa, 25th March, 1797, and addressed to the Secretary of State. SIR, Within a few days past, the following vessels have been sent in here by cruisers under French colours, in consequence of a proclamation done by Victor Hughes at Guadaloupe, in the last month, and of which no doubt you have had notice ere this. The vessels sent in are-ship Fame, capt. Joseph Brown, belonging to Portsmouth, N. H. from whence she sailed the January, bound with a cargo of lumber to Grenada, where she sold her cargo, and received a return cargo of sugar and rum, which she has on board.

Brig Lady Washington, Capt. Mayo Garrish, belonging to Newburyport, sailed from Charleston, S. C. the 29th of January Jast, bound with a cargo of rice, staves, pork and shingles, for a market, and sold her cargo at Barbadoes, where he received sugar and rum, which she has on board.

Schooner Two Friends, Capt.

Van Ransley, (the captain was kept on board the privateer, and is not yet arrived) belonging to New-York, sailed from Wilmington, N. C. 20th of January, loaded with a cargo of turpentine, pitch, tar, tobacco and lumber, cleared out for New-York, but by letters said to be in possession of the captors, was bound to Martinico.

Extract of a letter from Frederick Folger, Esquire, appointed Consul for the United States, at Aux Cayes, to the Secretary of State, dated February 10, 1797.

"HEARING with pain of the captures made on the vessels of the United States, and brought into the different ports of this island, I endeavoured to obtain a list of them; but as they are carried into ports distant from my residence, it was a long time before I could succeed; however, I have the honour to transmit you one, although imperfect. I wish it may be acceptable; it exhibits a melancholy picture of the hazardous state of our commerce, which it seems, has been always a prey under some pretext or other to the belligerent powers."