have misunderstood me, you will cancel the impression, which you have received. If you should not be satisfied of your mistake, I will not dispute about words, but will cut short the debate by disavowing any such sentiment. I meant to stigmatize those French cruisers only, who captured the property of ourselves or of other people, not associated in the war.

Fifth, Although it may be seriously apprehended, that a diplomatic intercourse, which shall be occupied in calculating fractions of time and canvassing single words, may dwindle below its proper standard, yet will I once more run over the minutiae of the Terpsichore, and of her prize la Montagne and of l'Esperance.

The first circumstance of official sloth, which has been attributed to the governour of Virginia, is his omission to answer the vice consul's letter of the 31st August, 1794, until the 12th of September following. When the vice consul's letter was despatched, when it arrived at the seat of government, how it was addressed, so as to be opened by any other person in case of the governour's absence, appears no where. Nor is it material, for by accident, not by design, the governour was not on the spot when it reached Richmond.

The second testimony of reluctance in that governour is, that on the 25th of September, two other English frigates entered Hampton with two French prizes; and the same day the vice consul sent a new complaint to the executive of Virginia. You have yourself furnished good grounds to suspect that this letter never attained its destination. However, sir, if you hold this to be important, I request you to specify the names of those frigates, and every other circumstance belonging to their stay in our waters, that I may investigate the cases.

Thirdly, You insist, that the governour ought on the 12th of September to have given orders to the officers, whom it concerned. It is not improbable, that the very apology, which you offer, for the silence of the agents of France on a part of the executive rules of 1793, may have prevented the subject from coming fully into the gover-, nour's mind at the instant "That the English had not before had a maritime force upon our coast." Perhaps it might have been considered, as requiring no small share of circumspection to drive from our rivers the publick

ships of a foreign nation. Had the governour of Virginia been situated as some other governours are, he might have issued an order for the departure of the capturing vessel, immediately on her arrival. As it was, he might well have been backward, until he should have been driven by necessity to depute others upon such an occasion. But be this as it may, the circular letter from this department on the 10th of October, 1794, is demonstrative of the sincerity of the federal Executive, in providing for the emergency, as it arises. Where then, I again demand, do you find traces of British predilection in these measures? Not, sir, in trailing the consuls on, as you represent by ostensible correspondences which cover nothing but inertness (lenteurs) nor yet in the want of satisfactory instructions; which were not delayed more than twenty-eight days upon an extreme computation, and much less upon an accurate one; and from the postponing of which the examples of injury have been few, very few indeed; and only I believe in one state, whose executive resides at a distance from the seaboard.

Fourthly, The governour's letter on the 22d of August and 5th of December, 1793, to the commandants of counties are exhibited as a mark of rancour against the French Republick. You arraign that of August 22d, "because in speaking of prizes, which might be suspected of having been made by vessels armed and equipped in the ports of the United States, he says, what did not apply to any but French vessels." Consult his own language. "It having been decided by the President of the United States, that no armed vessel, which has been or shall be originally fitted out, in any port of the United States, as a cruiser or privateer, by either of the parties at war, is to have asylum in any of the ports of the United States: in case any vessel within the foregoing description, should arrive in any port or harbour, within the limits of your county, you are to cause her to be ordered to depart immediately, and in case of her refusal, you are to take effectual measures to oblige her to depart. Force is not to be resorted to, until every proper effort has been previ ously made to procure the early departure without it. If any such vessel or vessels shall have sent or brought subsequent to the fifth instant, or should hereafter send or bring any prize or prizes into any port or harbour within

your county, you will cause such prize or prizes to be immediately secured by your militia, for the purpose of being restored to the former owners." The interdict of

fitting out cruisers in our ports comprehended all the belligerent parties, and a letter from this department to Mr. Genet on the 23d of June, 1793, shows, that it had operated upon an English privateer, armed in Georgia. It would have operated equally upon English prizes, if it had not been for the exclusion, stipulated by treaty in favour of France of all prizes but those of the French. Were the treaty out of the way, so that prizes, made by the English, might enter our harbours; the governour's order would involve them in its scope, and would arrest them also, if captured by an illicit privateer.

The letter of the 5th of December, orders the commandants, that "in case they should take possession of any vessel upon an allegation of her having been captured within three miles and a half of our seashore, or within our rivers or bays, they will be pleased to certify the same to the governour, that he may direct the manner, in which the witnesses shall be examined." You have interpreted this letter into "an additional order to cause to be seized the prizes which might be even alleged to have been made" within that distance. This order does not require that the officers shall seize upon any allegation, but delineates a particular step, in case they should seize; when they were to seize upon an allegation, was an affair of discretion with them. That discretion, like the discre tion of every publick officer, was to be regulated by a rea sonable degree of evidence. Truly, sir, I should counteract my own knowledge of the strength of your judgment, were . I to detain you by the expositions, which so copiously present themselves. It is enough to ask, if it be possible, that the governour of a state, designated to preserve our neutrality, would ever suffer vessels to be torn from the French captors, upon the naked declaration of a British proprietor, that they were taken within our jurisdiction? Has it ever been done? Your answers and mine cannot I am persuaded, be widely variant from each other.

The observations, which you have been pleased to communicate to me, on the subject of l'Esperance, have not shed those lights which I wished. Perhaps I was entitled to expect a more ample elucidation; since you per

sist in your answers, and since the evasion of the captain. the mitigating expressions of the French vice consul, and the equivocal footing of Butler's affidavit, utterly deprive us of the means of information. Mr. Hammond has indeed forwarded to me a letter from admiral Murray, an extract of which refers to the capture of this corvette, "The French sloop of war l'Esperance was brought into LynnHaven Bay on the 11th of January (a few days after my arrival there) by captain Ball who had captured her 15 leagues from the shore; the weather being very tempestuous, a lieutenant with a sufficient number of men only to navigate her (not being half the complement the French had in her) were sent on board from the Resolution and Argonaut, and so soon as the weather permitted those ships to supply her with water and provisions, I sent her to sea, that I might give no umbrage to the American States; an additional reason for bringing l'Esperance into Lynn-Haven Bay was out of humanity to the French prisoners, whom, having had a long voyage, I sent to Norfolk, as soon as prudence would permit: otherwise they must have been kept prisoners on board the whole winter, and sent to Halifax in the spring, nor was she equipped or armed then in any manner whatever, nor did the lieutenant receive any commission for her whilst in Lynn-Haven Bay, and when at sea, only an acting order to command her, which is customary and absolutely necessary in all captures, otherwise, if retaken by the enemy, he might be considered as a pirate." Mr. Murray's letter recommends at least, that a full inquiry be made; and without your aid, I do not as yet discover any certain resort for an explanation of this affair.

Sixth, You remonstrated on the 23d of September, 1794, on the search and treatment of the Favourite, and on the 25th I wrote to you the following letter. "I regret extremely, that any citizen of the United States, and more especially if he be in authority, should offer either outrage or insult to a vessel of the French Republick. I have accordingly written to the attorney of the district of New York, to inquire into and report the facts, as you will perceive from the enclosed copy. The course might have been shortened by directing to proceed in the case, as the law directs. But this has not been adopted; because we wish to reserve to ourselves the decision in this particular;

as it is suggested that a publick officer is concerned, and we take an interest in causing justice to be done to the French Republick, as far as possible, under our own eye." On the 22d of October, the day after I had received the documents from the district attorney of New York, I enclosed them to you; and on the 17th of November, 1794, this business was concluded, as I imagined, in the following letter to you. "The Executive of the United States being obliged to collect information of facts, at a distance, through the publick officers, and having a confidence in them, it was conceived sufficient, in the first instance, merely to transmit to you the evidence which had been obtained respecting the Favourite. Hence in the letter, which I had the honour of writing to you on the 22d ult. I did no more than note the enclosures; reserving any reflections until I should be ascertained on your part, whether the allegations were true."

"The opinion which the President has formed, relieves both you and myself of no small dufficulty in comparing and weighing the testimony.

"He has thought proper to instruct me to inform you, that on the faith, which he always reposes in your asser tions, he takes these points for granted: that the Favourite is a publick vessel of war, bearing the commission of the French Republick: and that no contravention of the act prohibiting the exportation of military stores was meditated, in the application of those which were found on board.

"The President highly disapproves, that a publick vessel of war, belonging to a foreign nation, should be searched by officers of the customs, upon a suspicion of illicit commerce. The propriety of representing such a sus picion to the consul of that nation, or the commander of the vessel, will not be controverted; this being a course respectful and customary. A general instruction will be therefore given to pursue this course, with the view that if it should be ineffectual, the government of the United States may adopt those measures which the necessity of the case and their rights may require.

"A particular instruction, founded on the same principles, will be also forwarded to the collector of New York; with this addition, to discontinue the prosecution against the property, and restore what may be within his power or command. At the same time, I must repeat the assur