On the propriety of the conduct observed by the governor of Maryland it is not my intention to offer any animadversions, but I shall content myself with submitting to you, sir, that evidence which he has thought proper to reject, but which, as contained in the depositions inclosed, will. I doubt not, appear to the wisdom of the Federal Executive Government to contain as complete a body of proof as can be expected, of the pri vateer, the Industry, having received in the port of Baltimore such repairs and such augmentation of force (nearly double to her original equipment) as could be intended solely for the purpose of offensive hostility; and consequently she falls under the description of privateers proscribed by the President's instructions. [260] *After this statement of facts, it only remains for me to express my hope that the Executive Government of the United States will adopt such measures as may be the most efficacious for procuring the recovery of the ship Roehampton from the American citizen to whom, after having been illegally captured, it has been sold under the authority of a tribunal possessing no legal authority, and for restoring it to its real owners, subjects of Great Britain. Before I conclude this letter, it is necessary for me to observe that the delay, which has arisen in submitting to you the subject of it, has been occasioned by my separation from the members of the Executive Government, (resulting from the melancholy situation of Philadelphia,) by my ignorance of your actual residence, and by my desire of accom panying it by any oral communications, through which it may be elucidated, or the decision upon it expedited. I have, &c., (Signed) GEO. HAMMOND. BALTIMORE COUNTY, 88: [Inclosure 1 in No. 43.] Deposition of Warren Lisle Nicoll. Warren Lisle Nicoll, of Baltimore, being requested to give any information in his power as to the equipment of the schooner Industry, now acting as a privateer, voluntarily deposeth on the Holy Evangelists of Almighty God as follows: That when the said schooner arrived in the port of Baltimore with the French fleet from Cape François, she had, at the utmost, not more than four guns mounted on her deck, which was without waste-boards and quarter-boards, and surrounded only with a low gunnel and a railing. That John McClarity, who is a blacksmith, and whose workshop is in the ship-yard where the said schooner lay, informed this deponent that he made the iron-work for a number of carriages for the said schooner, and that several cannon were brought down to the said yard on drays, and mounted on the deck of the schooner; that this deponent was informed by James King, a plumber, that he made a considerable quantity of leaden bullets for the said schooner; that a considerable number of sweeps, of the length of 22 or 23 feet, for the purpose of rowing the schooner, were altered and shortened for the said vessel at the said ship-yard, which sweeps, this deponent was informed by John McClarity, were sold to the captain of the schooner by a certain Christian Draybourgh, of Baltimore; and that, when the said schooner left the said ship-yard, she had fourteen guns mounted. (Signed) WARREN LISLE NICOLL. Sworn and subscribed at Baltimore this 15th day of September, 1793, before me. (Signed) EDW'D THORNTON, Vice-Consul. A true copy of the original, forwarded to the governor of Maryland. (Signed) EDW'D THORNTON, Vice-Consul. BALTIMORE COUNTY, 88: [Inclosure 2 in Nc. 43.] Deposition of Benjamin Baker. Benjamin Baker, of Baltimore town, in the State of Maryland, ship-carpenter, being requested to give any information in his power as to the equipment of the schooner Industry, voluntarily deposeth on the Holy Evangelists of Almighty God as follows: That the said schooner Industry was brought to the wharf aud ship-yard occupied by this deponent at Baltimore town, some time between the 6th and 12th day of August in this present year; that she had then a few guns mounted, either four or six, this deponent cannot accurately recollect which, certainly not more than six; that while the schooner continued at the said yard, her waste, which before consisted of a small gunnel of six inches above the deck and open railing of about two feet and a half from the deck, was planked up and closed with inch-plank, and portholes cut therein; that a number of gun-carriages, this deponent thinks six, were made by French workmen in the yard of this deponent; the trucks for the said carriages were made by a turner at Baltimore, whose name is Mr. Myers, and the ring-bolts and other iron-work for these carriages and for all the port-holes were made at a blacksmith's shop in the yard of this deponent; that the second day after the vessel came to the yard of this deponent, he went through the said schooner, and had opportunity to observe there were no guns aboard except those which were mounted, which he has first mentioned in this deposition; that while the said schooner was fitting out at the yard of the deponent, he saw two cannon brought there on a dray for her, and which were mounted on board of the said vessel; where they came from this deponent doth not know; that the schooner Industry lay at the yard of this deponent about two weeks; that the upper-works, which were done at the yard of this deponent, were not necessary for any other purpose than armament, and when the said vessel left the said yard, she had four 6-pounders, eight 4-pounders, and two howitzers, completely mounted; that the vessel was said by the captain, in the hearing of this deponent, to be no pri vateer. (Signed) BENJ. BAKER. Sworn and subscribed before Mr. Presbury, a justice of the peace. A true copy of an attested copy, sent to the governor of Maryland, the original having been forwarded to Mr. Boud. (Signed) [261] EDW'D THORNTON, Vice-Consul. *[Inclosure 3 in No. 43.] BALTIMORE COUNTY, 88: Deposition of John McClarity. John McClarity, of Tell's Point, in Baltimore town, being requested to give information concerning the equipment of the privateer Industry, voluntarily deposeth and saith: That upon the wharf where the said privateer lay, he, this deponent, made the iron-work for four gun-carriages, four iron cranes for the sweeps, and stanchions for the waste and quarter-nettings; that he made also clamps for two howitzers fixed at the stern of the said privateer; that a number of sweeps were sold by a certain Christian Draybourgh, for which the cranes were made by this deponent; that the said deponent made for the said privateer twenty pounds' weight of langrigde; that the bill for the amount of the work done by the said deponent was settled by Mr. Vochez, merchant, of Baltimore. (Signed) Sworn and subscribed at Baltimore the 21st of October, 1793. (Signed) JOHN MCCLARITY. EDW'D THORNTON, Vice-Consul. [Inclosure 4 in No. 43.] BALTIMORE COUNTY, 88: Deposition of Benjamin King. Benjamin King, plumber, of Baltimore, deposeth and saith: That he sold to the captain of the privateer Industry a quantity of sheet-lead, about sixty pounds' weight of leaden bullets, and a vise, and that the amount of his bill was settled by Lacharie, Coopman & Co., merchants, of Baltimore. (Signed) BENJ'N KING. Sworn and subscribed at Baltimore this 21st day of October, 1793, before me, (Signed) EDW'D THORNTON, Vice-Consul. BALTIMORE COUNTY, 88: [Inclosure 5 in No. 43.] Deposition of Michael Ballard. Michael Ballard, tinman, of Baltimore, deposeth and saith: That he made for the use of the privateer Industry 144 canisters, which were filled with pieces of old iron in his shop, and that the amount of this bill was paid by Lacharie, Coopman & Co.; that he also made some ladles for the use of the said privateer. (Signed) MICHAEL BALLARD. Sworn and subscribed at Baltimore this 21st day of October, 1793, before me, (Signed) EDW'D THORNTON, Vice-Consul. No. 44. Mr. G. Hammond to Mr. Jefferson. LANSDOWN, near Philadelphia, November 7, 1793. The undersigned, His Britannic Majesty's minister plenipotentiary to the United States, has the honor of submitting to the Secretary of State the accompanying deposition, from which it appears that, on the 6th ultimo, the British brigantine Pilgrim, from Nanticoke, in Maryland, bound to Barbados, was captured by the French xebec-privateer, Le Sans Culottes, of Marseilles, at the distance of two miles and a half, or three miles at the farthest, from the American shore, and consequently within the jurisdiction of the United States. It is necessary to remark that the original of this deposition was transmitted by His Majesty's vice-consul for the State of Maryland to the governor of Maryland, under the hope that the interposition of that officer might have retarded, at least until the determination of the Federal Executive Government might have been known, the sale of the Pilgrim. The undersigned is entirely ignorant whether the influence of the governor of Maryland were exerted for this purpose or not; but, even admitting that it were, it was ineffectual, since, on the 19th ultimo (within less than a week after its arrival in the port of Baltimore) the brigantine Pilgrim was publicly sold under the authority of the pretended tribunal of the French consul at Baltimore. The undersigned will reserve for a future occasion more general representations on the subject of the mischiefs which have flowed from the tacit permission that this Government has granted to the establishment of these French consular tribunals within its territory. For the present knowing (to use the expressions of the Secretary of State's letter of the 15th of May) that their judicial acts are not warranted by the usage of nations, by the stipulations existing between the United States and [262] France, nor by any laws of the *land," he shall consequently con sider the condemnation, in this instance, by the French consular tribunal at Baltimore, "as a mere nullity," and shall, therefore, confine himself to the requisition that, if the Executive Government of the United States esteems the facts advanced in the annexed deposition to be well founded, it will immediately pursue the necessary measures for effecting the restitution of the brigantine, the Pilgrim, to her owners, who are subjects of His Britannic Majesty. (Signed) GEO. HAMMOND. BALTIMORE COUNTY, 88: [Inclosure in No. 44.1 Deposition of Peter Walstrum and others. Peter Walstrum, master of the brigantine Pilgrim, from Nanticoke, in Maryland, bound to Barbados; Edward Matthias, mate of the said brigantine; and John Stay, mariner, being severally sworn on the Holy Evangels of Almighty God, depose and say: That on Monday morning, the 30th of September, they set sail in the said brigantine from Nanticoke; that on the Saturday following, the pilot who navigated the vessel left it at Watts's Island, there being no branch pilot at Nanticoke who could take care of the vessel until she had cleared the capes; that on Sunday morning, about 10 o'clock, they saw a sail to windward, standing to the northward, which soon after gave chase to the brigantine; that the vessel, which afterward proved to be the xebec Sans Culottes, of Marseilles, approaching still nearer, about 1 o'clock in the afternoon hailed the brigantine, and fired a gun, then hoisted out their boat, and took possession of the vessel as a prize. And the said deponents solemnly depose that, at the time of their capture they were in five fathoms of water, at not more than two miles and a half or three miles at most from the shore; that a fresh breeze at northeast, blowing right upon the shore, rendered it dangerous to endeavor to escape in the boats of the brigantine, or to run the vessel ashore, as the surf ran very high; that the said privateer, with the said brig, arrived in the port of Baltimore on Friday evening, the 11th day of October instant. (Signed) PETER WALSTRUM. STATE OF MARYLAND, Baltimore County, to wit: I, George P. Keeports, notary public, by lawful authority commissioned and sworn, dwelling in Baltimore town, in the county and State aforesaid, do hereby certify and attest that, on the day of the date hereof, before me, the said notary, personally appeared Captain Peter Walstrum, Edward Matthias, and John Stay, who on their solemn oaths, then taken before me on the Holy Evangels of Almighty God, did solemnly and sincerely depose, declare, and testify to be true the several matters and things wrote and mentioned in the aforegoing affidavit, by them respectively subscribed in my presence. In faith and testimony whereof, I, the said notary, have hereunto set and affixed my seal notarial, this 16th day of October, in the year of our Lord 1793. (Signed) GEO. P. KEEPORTS, A true copy of the original, forwarded to the governor of Maryland. EDW'D THORNTON, Vice-Consul. No. 45. Mr. Jefferson to Mr. G. Hammond. GERMANTOWN, November 8, 1793. SIR: The President of the United States, thinking that, before it shall be finally decided to what distance from our sea shores the territorial protection of the United States shall be exercised, it will be proper to enter into friendly conferences and explanations with the powers chiefly interested in the navigation of the seas on our coasts, and relying that convenient occasions may be taken for these hereafter, finds it necessary in the mean time to fix provisionally on some distance for the present government of these questions. You are sensible that very different opinions and claims have been heretofore advanced on this subject. The greatest distance to which any respectable assent among nations has been at any time given, has been the extent of the human sight, estimated at upward of twenty miles, and the smallest distance, I believe, claimed by any nation whatever, is the utmost range of a cannon-ball, usually stated at one sea-league. Some intermediate distances have also been insisted on, and that of three sea-leagues has some authority in its favor. The character of our coast, remarkable in considerable parts of it for admitting no vessels of size to pass near the shores, would entitle us, in reason, to as broad a margin of protected navigation as any nation whatever. Reserving, however, the ultimate extent of this for future deliberation, the President gives instructions to the officers acting under his authority, to consider those heretofore given them as restrained for the present to the distance of one sealeague or three geographical miles from the sea-shores. This distance can admit of no opposition, as it is recognized by treaties between some of the powers with whom we are connected in commerce and navigation, and is as little, or less, than is claimed by any of them on their own coasts. For the jurisdiction of the rivers and bays of the United States, [263] the laws of the several States are *understood to have made provision, and they are, moreover, as being land-locked, within the body of the United States. Examining, by this rule, the case of the British brig Fanny, taken on the 8th of May last, it appears from the evidence that the capture was made four or five miles from the land, and consequently without the line provisionally adopted by the President, as before mentioned. I have, &c., TH. JEFFERSON. No. 46. Mr. G. Hammond to Mr. Jefferson. LANSDOWN, November 22, 1793. SIR: I have the honor of acknowledging the receipt of your letter of the 8th current, relative to the distance from the sea-shore in which the territorial protection of the United States shall be exercised. I shall be at all times ready to enter into any friendly conferences and explanations upon this subject, and in the mean time it becomes my duty to acquiesce in any regulations which the Government of the United States may judge proper to establish with regard to the extent of its own jurisdiction. I have, &c., GEO. HAMMOND. No. 47. Mr. Jefferson to Mr. G. Hammond. GERMANTOWN, November 10, 1793. SIR: As in cases where vessels are reclaimed by the subjects or citizens of the belligerent powers, as having been taken within the jurisdiction of the United States, it becomes necessary to ascertain that fact by testimony, taken according to the laws of the United States, the governors of the several States to whom the applications will be made in the first |