United States oracle and Portsmouth advertiser — Portsmouth, N.H., 1803-07-09 00:00:00, page 1

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Miscellany.
From the Washington Federaltf.
TKJTILN I requeued a suspense of
VV public opinion on the fabfea
of certain extrads of letters, said to be
From officers on board rhe United States
frigates, the John Adarn^ and ,'ew.
Yer: , i was my intention to have held
that opinion in suspense until I could
offer to my country a full and fa : r ex
p9fir.cn cf our tranfa^icns in the Me.
diterranerr., to fur; as they relate to
Barbary, fines the commencement of
the war with Tripoli; but the folify
. tude cf my particular friendsto be, re
lieved from that state of fufreufe, m
duces me to Bate the truth of.the fa^s
alluded to in those extracts, and rely on
the candor of Printers who have
published those extracts to publilh this,
ftatemect also.
WILLIAM EATON.
—o —
C%PJ r s a letter to Commodore Morris.
TUNIS 26th JAN. 180?.
1 At 7 o'clock this morning I re
ceived.a message from the Bey's crime
minister, requiring my appearance at
the palace-1 accordingly rendered fay
felf there. The Bey received me in
his hall pf justice. He said the object
.efhis calling on the was th inform me
that an American cruiser had captur
ed an Imperial vefel laden with mer
chandize appertaining to bis fubjeds,
and to demand restitution,.
I observed that I had betted of the
'capture of an Imperial vefel. laden
with merchandize, bound to Tripoli, .
by one of our ve?Tels of war ; but this
?dvige,was hot official —nor had I anv
fc^tti rhir information of the fa&..
* He r e fol'ows the tubftance of what
puff'd on the fubje& between the Bep
jand' m\fe : f:
'this.' said he, 'was 2 cargo from
the ..LctAßt,..belonging and continued
to one of my fubjeds of the island of
'Ccroa. It arrived at Malta. There
the proprietor chartered an Imperial
&eflei,into which be transferred the car
go, to be carried to he port of its def
' lination. Butlr vi:g two Tripolitan
fubjeds on board, wunun he was oblig
gd to land at Tr ; po&, be gave inthuc
tions to the matter to shape his . rarfe
fiift to that port wi r h this view, w,th
precise orders, that if he encountered
iny American vel^ls of war before the
port, to difrentinde the voyage, and
proceed to, Gerba, • In pursuance of
which indentions the said veilel fell in
with an American cruiser of two roads
# —was by him cap.tired and conduced
to Malta. Yen dre refporfib!, for the
'cargo.'
To which I apfwered — I/^nnot oMI
in question your Excellency's veracity
in this datement—but it is presumed
your infofThation on the fubjed must
be incorrect. It ^ highly improbable
.hat a merchant of Gerba, who cov'd
not be ignorant of the blockade of Tri
°poli, should rifque a fbip to that port,
laden with a ca-go intended for Gerba,
merely for the purpose of landing two
• passengers, if his intentions were not to
land his cargo there also ; and the
more so, as the port of Gerba is nearly
in the direct pati'age to Tripoli, and but
about half the dillance.
The Bey heiitated a moment, and fe
femed the fubjett —"Well admit the
cargo was intended for Tripoli—what
right have you to make prize of it ?"
,•Avery simple cne. It is long since
that I have announced to your Excel
lency the blockade of Tripoli, and 1
have never cealed to caution your a
fr gents and fu'oje&s against making (hip
ments to that port. If in contempt of
this advice and caution they choose to
rifque their property, and it fall into
-our hands, it becomes of course good
prize, by a right founded on the known
and received laws of nations, applicable
in such cafc«.
, "We Baibary flutes do not admit
the laws of war, eftablifrd among
Christian nations, applicable to us. We
, have always enjoyed the exclusive pri
'yilege to aflert our own cuftom§. We
ffiail exad the fame privilege of you—
•I therefore demand the immediate ref
!titution of the cargo in question with
damages for detention. You will com
municate this demand to your commo
dore and tell him to restore the cargo
Without delay." . .
t. e barbary Regencies have cbft
tmn^ and maxims ot war peculiar to
tiiemielves, and diftindl from the gene
ral and acknowledged laws of other
belligerent powers, this is no re^fon,
why we diould renounce the litter and
conform ourfelVes to thefermer; which
indeed,aie neither fpecified dor known,
and dilated chiefly by thecircumftance
of the moment, even though we may
find precedent for such a cocceffion. If
we were to admit principles so vague
and capricious, we might as well at
once ourselves furnifh our enemy with
the means of fubfidence.and offence. I
(hall, however, state to the commodore
as well as to my government, your
Excellency's reclamation. But it is
Incumbent on me at the fame time to
signify to you, that, though I am not
infoLmed what may be the diferetion
ary power of the commodore in like
^afes., I doubt whether he be authoriz
ed to render this cargo to your claim ;
bcc , :: fi: being admitted that it was
deffineacor Tripoli, and it being known
triat this port was in a state of a^ual
blockade, t .res become good prize to
the captors, the property totally alien
ated from the (hippers and.fy.bjed to
the disposition of ocr law,.' iNo deci
sion therefore can be had in fayor of
the claimants without the interference
of the government of the United States.
But should they consent to grant in
demnity in this case, it would be an aft
of special favor, not of right. I hope
your excellency will allow me Efficient
tim^ to submit the necessary statement
to the President, my matter, and wait
his answer.
" No—l will indemnify myfelf in a
Sorter and more certain way. You
know I am at war with Naples & Ge
noa. I will order my corsairs to make
reprisals on your merchant vessels en
tering those ports."
'True- I know youare at war with
Naples and Genoa. But it is indeed a
Grange species of war, for we fee at the
fame time a free commerce between
you and them = neither one nor the 0-
tber cf those ports can be cenfidcred in
a state of blockade.
" They are both in a perpetual state
of blockade." 4
This is the £rft advice I have had cf
it. It will serve for my government.
Bur any indemnity byway reprisal, e
ven il your claim were well founded,
before ^hat indemnity ihould be refufed
to regular application, would be an ad
of direct hoftility^ I profit of this 0~-
cafion to repeat to your Excellency the
with of my government to maintain
.peace and a good intelligence with this
I regency. The evidence already given
of this difpofsion should net admit a
doubt- aad my constancy in advising
your Excellency of all dangers, which
might tend to interruptyt, goes to the
fan:e proof. But fadsjuflify an appre
hension that: this define is not reciprocal
on the part of this regency.—The perfe
verify obdinacy of your fubje&s,coun
tenanced by their sovereign, to carry
supplies to our enemy, seems purposely
calculated to embroil our affairs, and
eventually and unavoidably will end in
a rupture except retrained. I desire
therefore that year Excellency will
cause suitable meafttres to b^ bbferVed
to impede Inch an event.
" I ffiall life no meafares whatever
to:h?t effect. My merchantmen will
continue their .expeditions to Tripoli as
ufall. I uif; to have them captured b,
you. Ifrail ultimately gain much more b,
it than by the commerce. Write what I
have said to your commodore??
I shall acquaint him with fails. But
it is requisite chat I should bq ftuNhed
wi s h such document relative thereto as
the nature of the fabjed requires.,
" I will caufeit to be fnrniffied. Yc^
will admit no delay in dispatching ad
vice to your commodore to the effect
Ithat my fubjed may be reinstated in
I his property, or that I may know the
result in order to conform my mea>
farms ' to circumdances."
I forbear making- any comments bn
the fubje& of this audience. It freaks
a language too plain to need an exposi
tion. I cannot forbear repeating to
you that there is an abfaute neceffty that
IShould have an interview nvith you and
I Mr. Cathcajt r and fan. Affairs of in
-Icalculable moment to the United States
' here require the affidance of your coun
sel ; perhaps your face !
I have this evening had the affur.
l ance of the Bey's commercial agent,
0•
who is friendly, that nothing but your
appearance here will prevent the Bey
from putting his menaces in execution,
uhlefs it be unconditional conce (lions to
his demands. Lam neither authorised
nor inclined to yield those concessions.
I remain with gr^t rtfp*<l,
Sir, your very cb&fieralcr want,
WILLIAM E.ITCN.
Richard Morris, Esq. commodore of the
U. S. squadron in the Mediterranean,
Copy of a Letter —^Commodore Morrifto the
Bey cf Tunis.
United States frigate, Chesapeake,
Tunis Fay, February!^, 1803.
To his Excellency, the Bey of Tunis.
Tour Excdlerty;—
I regret that ?. rarfre prefer! tat'or
of facts (houl4 have induced yoer Ex
cellency to make the demands as Rated
by Mr. Eaton, consul for the United
States, viz. immediate restitution of
the imperial vessel captured by the U
nited States schooner Enterprize, be
longing to the squadron under my
command.
I truft,however, when your excellen
cy is made acquainted with the fafls
relative to the capture, you will acqui
efee in the right the commander of the
;faid schooner had to detain that vessel
Ifor adjudication. The veilel captured
I under an imperial flag had on board
I fubjeds of the regency of Tripoli— ®ne
1 of which is principal in the charter par
; tyrant owner of the greater proportion
, ' of the cargo defined for the port of.
tTripoli.
To faisfy your Excellency more
; fully on the fubjecl, if any doubts can
I remain, I haveno objections tn (hew the
; papers of the said veifel to such of your|
1 principal officers as you may think|
I proper to fend on board the United ;
States frigate, Chefapeak^. < The pa
;pers will be sent to Gibraltar, and if
I the admiralty court at that place will
I take cognizance of'the capture, I (hall \
] abide by their decision, whatever it may \
;be. Should the whole or any part of
j her cargo be Condemned, it is not in;
I my power to deprive the captors of 1
; the right which the laws of their conn-|
I try authorize. You may readily im-|
I agine that the enemies of the United;
:States would gladly avail themselves
, of any opportunity to engage ycur Ex-
I cellency's interference in their behalf
;without an, reaped to truth, or cons-
Ideration of the confequerices. But
;from your Excellency's reputed good
; Underftandirig and the particular man
;ifedations of the government of the
lUnited States to preserve peace "and
Ifriendfhip with your regency, I have
no doubt but you will feel a peculiar
pleafur^ in detecting the authors of
these fajfe and tinfouri^d jeprefenta
tions aud treating them with that se
verity their base designs merit. I also
feel fatisfied that your Excellency will
I fee the propriety of cautionfrig your
Ifubjeas from having any commercial
I tranfaeiohs with the enemies of the
United States, particularly when their
ports may be in a state of blockade —
and also of withdrawing ybur determi
;nation to make reprisals on the com
merce of the United States, so that you
may preserve that good undferftandirig
which at prefect exists between, the two
governments, and which the President
of the United States is io desirous to
continue.
I beg that a decisive answer may be
given me as speedily as peflibN, either
thro' the medium of the Consul of the
U. States, or through^any other chan
nel that may be mcift agreeable to
yourfelfq and by which my condud
(hall be regulated, until the fame can
be communicated to the government
which I have the honor to reprefent—
and further,! beg leave to inform your
Excellency that if the court- of admi
ralty should adjudge,hat the cargo, or
any part thereof, should be rettored th
the former owners, with cotopenfation
for detention, it (ball be done without
delay.
I have the honour to be,
With perfect consideration,
Your Excellency's
Mod obedient fervanr,
I (Signed) Richard V. Morris,
Commander in chief of the United States
squadron in the Mediterranean,/
a
Copy—Communication to the Sec'y of State.
TUNIS, 4th MARCH, 1803.
SIR,
On the 22d tilt. 8 o'clock a. m.
comruodoxe Morris, in the United
States 'frigate, CheGipeake, with the
frigates, John Adams and Nev, Yerk,
anchored in the road pf the'C-oulette.
On their appearance id the offing I fear
my dregoman for the Bey's permifijen
to go on board,—He returned at elev
,en with a refusal. The Bey required
that the commodore ucuid previously
report hfrufelf. I immediately .Parted
for the Goulette, and/ under pretence
of going on board the schooner Enter
piize, pa-million for which I held, pas
sed the commandant of the castle, and
/ went to the squadron—Next day t- ide
d report, and obtained a pass in form.
C' mmodorc Morris. Lad already lecci
ved my letter of 26th Januaiy, Rating
the Bey's reclamation for the prile re
ported in my communications cf Fes,
itt. I now put into his hands the infor
mation of which enclosure A i^a copy.
On the 24th the commodore wrote the
Bey enc!ofure,B, which I delivered the
fame day. The Bey proposed, that the
commodore should come alhbre, and
that the validity of the prize fhobld bk
verified at Tunis, 'Unifying at the fame
time, in equivocal terms, that if the
proportion was not acceded to,he would
declare war. On the 2,h I reported
this answer to the commodore ; in con
fecopnce of which, on the :6th, he de
fetrided aftdr&; but was not admitted
to audience till the ?Btb.—The ground
of argument relative to the Bey's re
clamation, which has heretofore been
detailed Was now gone over again, and
the commodore had declared his inten
tion to order the pole to Gibraltar for
adjudication, when the Bey explicitly
toid him that except the iwte,ipation
|j'bould be hadonthe foot, and the properly
I belonging to his fibjects restored, he mould
i place the United States io the feme fare
-Ition as they <were gvith Tripoli! The
commodore ponfented on condition
that the Bey would rest the blue on the
;evidence to be deduced from the icgu-
Ilar papers found or. board rhe. prize;
;and /hat he would w^ve all pretensions
I to such property as should not appear
bona fide to belong to his fubTfls. To
I this the Bey agreed, and an officer was
I sent on board for the. papers— but by
! rgafon df contrary winds, did hot ar
rive till the ift instant.
At the audience with the Bey he in- 1
lifted on his tight of commerce with
Tripoli in defiance of an a,oal block
ade—although he would crinfent that
we might turn aavay his vedels. This
right was contested. The Bey replied
that we might, if we pleased, capture
bis vessels ; hut that rasej^ould in the issue
lose two for cue. The commodore met
this menace, by signifying that, in case
of f^farting to reprifa!, Sy way bf
indemnity, against regular captures, he
might possibly lose three for one. .The
question was then alked the Bey wheth
er, in case of seizure on our part of con
traband articles, defined to Tripoli by
h'is fubjecls, he should think of reclaim
ing such articles ? He answered, “We
Turks are not in the habit of thinking
for futurity —ft will be 'ffafonable c
r.ough to difeufs the f^bjeft when cir
cumdanecs should ma^e it necedary.'/
On the 27th and ?3ih the commo
dore had interviews at the American.
houfc,witS *#** the agent ofllainmet Balhaw,
who Rated that the Bjfbavv waited only for the
co-operation of our squadron to pro
ceed to invest Tripoli—that he could
brin^ to the assault thirty thousand
troops ;, but that he fnould have need
of fifteeTpr twenty barrels of powdey
and fifteen thousand dollars to as
sist his operations.' The commodore
refufed any subsidy ; but agreed
to furnifh. twenty barrels of powder,
and engaged to bring his force before
Tripoli in the me,.th of June enfuing,to
co-operate with Hammet Bafhawl ^- -
Theagent requeued th^ commodore to
give him a passage to Derna, in order,
Without delay, to communicate this ar
rangement to the Bailiaw. This was
pot convenient—the critical Gate of af
fairs at Algiers required the immedi
ate appearance of the squadron at that
place, and want of provisions would
oblige them to proceed thence to Gib
raltar.
At half past eleven, a. m. 2d infl. the
papers of the prize in question came
t a(h6re, and at 4, p. m. the Bey's com
mercial agent, accom pained with the
principal proprietor in the cargo, and
the naffer of the vessel, attended at the
I American house to examine the fads.
It appeared from the manifeft that this
claimant had, bona fide, a conficTrable
l ..>:„:.^^?.... .A fr..
Hare in th± cargo, and the G^npipdoru
, agreed,,mrder. ilrettjtfcik : Q'^s
it appears übat the ap/eaTance of our
squadron has tranquilized out affairs
; here for the Foment. ; \ ,
I have the l.oncuf to be, fir, with
perfect Refocff,, =our mod obedient
fervart, WILLIAM EATON.
A true Statement cf Fa&s.
TUNIS, 4th MARCH, I 80s.
I %aed) RICHARD V. MORRIS.
IThe above franfaafens stated he
Mr. Eat* % and Signed by commodore
;Morris tool: place in my presence, erf
;collcTed with m,.'notes, arid ate a true
I and concise darement of fads—ln tel'
itimony of which,! hereunto fubferibe
Imy name . , (Signed)'
^James LzAEbER Cathcart.
To he continued.
eWfc^F •>* cvwqpct, «~ < e-rtrw rac_fr„*#^_ttrcQwn Tf .. :% .
Late Foreign News,
C, th 7 way cf New-York.
BONBON, MAY ±^
PROCLAMATION.'
x^t toe Court of the Queen's Palace, tit
16th of Mar, 1803/
PRESENT,
T^ KUrGS Me? E.^fy MQ Z, Ce-frl.
IX7 HF.REAS, in confequencv of the repeat
rd infills and provocations which his
Mfy.fty ±os experienced from the Government
of tianee, his Majesty finds bimfelf compelled
1 to taks such measures as are necessary for vir
I dicating the honor of his Crown, and the just
j rights of Lis fubjeds; his Majesty, therefore,
I is pleafftd, by and with the advice of ,7s Privv
ICouncil,1 Council, to order, and it is hereby ordered,that
Igenerallgeneral reprisals be granted against the (hips,
lgoads , and fub;e&of the French Republic, ft
f:t?4t as well bis Majifty's fleets and ffiips, as al-
I sa all other ffiips and vessels that (ball be com
I missioned, b, letters cf Marque, or general
lreprifals, 'or othetwife, by his Mayfly's Com
;rcifljoncrs for executing the office of Lord
I High Admiral of Great Britain, ihall and may
I k^f/ly fei-e all Clips, vegi-ls, and goods be
^Wng to the French Republic, or inhabitant
within any of the Territories cf the French
Republic, atd bring the fame to judgment in
jfuch Courts of Admiralty within his majrfty'a
I dominions, 'as Ihall be dJ, commissioned re
itake cognizance thereof ; and, to that end, hi;
i Majesty's Advocate-Gen^!, with the Advo-
I'," °'.'' Admiralty, are forthwith to prepare
;tae draft of a cotomiffion, a-d prefect the fame
§;o his majesty at this Board, authorizing the
Itommiffioners for executing the office of Lord
i High Adniral, cr any person or persons by
[ them empowered an i appointed, to iffae forth
land1 and grant letters of barque and reprisals to
; any of H. M. fubfr&; or others whom the
I Comtoiffioners ffiall deem fitly qualified in that
4behalf, for ri;e apprehending, Iciriug, and tak
-Img toe snips, veTcla, and goods brioriging to
I the I reach republic,or to any persons being fub
-Ije&sto the E republic,or inhabiting within any
I of the territories of the French Republic ; and
i that such powers and clause, be inferred in the y
;faid commiffipn; as have been ufcal, and are
I according to former precedent ; bis Majesty?
;Aid Advocate-General with the Advopte'of
: the Admiralty, arc also fortTfrith to prepare 1
1 draft of a commission, and present the fame to
, his Majefly at this board,anhorifing ffie said
I Cemmiffioners for executing the office of Lord
;High Admiral, to will and require the High
iCourt of Admirals of Great, Britain, and the
iLieutenant and Judge of the said Court, bi 4
! furrogate or Arrogates, as also the Several
Courts of Admiralty within bis Majefty'sdo,
jminioil w&sit fbali be duly commissioned td
take cognizance of, and judicially pfoceed up
on ah and all manner 0 captures,failures,prized
! and reprisals of all Arts and goods that are of
(hall be made, and to hear and determine 'the
fame, and according to the course of admiral
ty and the laws of nations to adjudge and con
* demn all such (hips, veffds, and goods as Ihall
belong to the French republic, or to any perform
Ibeing fubje&s to the French republic or inhabit-
; ing w thin any of the territories of the French
Be/uMic ;' and th it such powers and daufer be
' inferred in the laid commission as have been
Wual and are according to former precedents ;
and they are hkewife to prepare and lay before
his Majesty at this board a draft of such in
ifliudtons as miy be proper to be feut to the
I said feverab Courts of Admiralty in/is Majtf,
tfs foreign governments and plantations, for
their guidance herein ; as also another draft of
inftru^ions for such lips „ frp ^ commit,
fioned for (he purpofcs ajove-meimored.
R om the Court yf she ^ em % Palace, Re
eighteenth da, of May, b ne tboufand, eight
hundred eudthree.
[Signed b,dl die Privy Council }
, —--0
DECLARATION/
His Majeft/s earned endeavours for the pre?,
ervation of Peace having failed of fuews.he
entertains the felled confidence that ^ (hall
receive the fame fuppert from bis P^ament,
and that the fame zeal and fpftit win be mani
fefted by his people, which he Vas experienced
on every oceans when the hououof bis crown
has been attacked, or the tffenrial interests of
his dominions have been endangered?.
, Dmiog the whole courteof the negations
wuich led to the preliminary and definitive
treaties of Pence between his majefl, and the
French Republic was bis majefly'fr sincere de
sire, not only to put an ^nd to the hoftilitiq
which fulfilled btween the two countries, bup -
to adopt such nic^ures, and to concur in such