The British Press; or, Morning Literary Advertiser.
London, England, 1805-09-10 00:00:00

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MR. MARSDCR TO MR. CoON.C.

whom the chance of vrir has placed in his power,
and to consider such officer as an hostage for the
_ .

safety of Captain Wright.
I must beg you, Sir, to accept my best thanks for
the obliging manner in which you have allowed me
to make use of your intervention, upon an occasion
squally interesting to humanity and to justice.
I have the honour to be, tic.
• (Signed) Haesowev.
Gore 01 SNCLOSURL TROY YR. COO TO MR.

M AItSDLH•
His Majesty's Ship Theseus, Pert ltrl4l, Jamaica,
December 11, 180:1.
Sit —On the morning of the 30th of November,
I received orders from Captain Loring to proceed to
Cape Francois to ascertain the real situatinn of the
French, and the reason of their remaining in the
port, after the forts had been taken possession of by
the Blacks; and from my knowledge of the circum-
stances, to sO as I should deem most expedient.
When I had proceeded as far as the entrance of
the harbour, I was met by the guard boat, which I
thought proper to accompany on board the Sul-cell-
laqte. I acquainted Capt. Bane, that, having per-
ceived the colours of tht• Blacks hoisted at the bane-
Ties, and every appearance of a strong north wind
coming on, which would necessarily prevent their
putting to sea, we were induced by motives, which
always aeluate a civilised people to afford them
once more an opportunity of entering into terms nt
capitulation, which would effeaually prevent their
falling into the hands of the Blacks. They instant:y
presented me terms of capitulation, to which I con-
sented, with some exceptions, and for which I re-
ceived General Boyer's and Captain Barre's word
of honour (in the presence of the Officers, whose
names are f ereunto subscribed), that tncy would
alter, according to my explanation, or Captain
Loring's (the senior Officer), on their arrival at
Jamaica.
I was disposed to concur in this arrangement the
more readily, as 1 was assured, by Captain Barre.
that they were threatened with being fired upon
with red hot shot, if every ship was not nut of the
Barbour by six o'clock that evening. The time was
critical, and I conceived it necessary, in order to
prevent this threat from being carried into execution,
to have some written document immediately to pro-
duce to General Dessalines, to prove to him, that
they had become prises to Hi. Britannic Majesq's
squadron.
On my waiting on the Black General, at 11,111.-
Past five o'clock, it was with c.maiderable cliffizulty
I prevailed upon him to desist from his intention of
firing into the ships, if they did not leave the Cape
within the appointed time ; althnugh, at this time,
v was an impossibility. the wind blowing direct into
he harbour, and nothing but their having surren-
dered to the squadron of His Britannic Majesty.
prevented him from doing so.
I feel extreme surprise. Sir, in hearing that Ge-
neral Boyer and Captain Barre, have refused to
Make the alte►ations they had pledged themselves to
do, on their arrival at Jama:ca. They are well
aware of the citcumstanees under which the capitu-
lation was made, a, well as the urgency of the time,
which admitted only of verbal explanation and pa-

Tole evidence.
According to those explanations. the 21 and sth
Articles of the Capitul.ath)n were greatly restriaed.
from the sense which. I understand, they will have

them to hear.
By the CJ Article, it never was intended that any
but the Officers should have their parole ; and that
only to return to Europe, meaning F.ngland, its or-
der that 'heir exchange might be edelcd without
delay. An.i ill.. sth Article meant billy, that por-
moral property should be respelled, of comet without
inclodiny merchandise, or puolic property, w' ich
might be found on board the vessels. 1 hays., &c.
(Si?ned) Irmo
?a C r Jal,n Duckworth, Sm. c.
We whose names are hereunto subscribed, do tes-
tify so the truth of the above explanations of the 2d
and s!h articles of capitulation off Cape Francois,
and likewise of the promise made in our presence
by General Boyer ald Capt. Barre; that they
would ratify them accordingly, out their arrival at
Jamaica.
(Signed) Jong l'au 'Live, Captain of His
M.tjesty's ship Tartar.
FBA NC lAM A CDC*: A co,Lieutenant
of His Majesty's ship Thr.ers.
Eow A tol,V Rut rtitiv, Midship.
man of klis Majesty's ship The-
seus.

Mnsirahr-Orßee, 17th 10104
am commanded by my Lards dommis-
sionen of the Admiralty to transmit to you here-
with the inclosed copy Pr a letter from M. Riviere
of the office of the French Minister of Marine, to
the Commissioners fortransports, relative to the ca-
pitulation of the enemy's forces at the island of St.
Wmingo, and to request yon will I.ty the same be-
fore Lord Camden. for his Lordship's information
and diretticns thereitpon, 1 am, arc.
(Signed) W.l. MARSDV4.
F.Award Conk*, E... 1

TRANSLATION ?ROM THE FREKCH, ENCLOSED ►IOM

-
NUS, 11th Jun*, 1324.
Gresvxam cm—The Minister of the department
of Marine and Ccionies being informed, that the
trews of different vessels, as well as the several gar.
risons which evacuated the Cape in the island of St.
Domingo (in virtue of the capitulation made on
board the frigate I a Surveil/ante, the 30th Novem-
ber, 180), are detained prisoners in England. His
Excellency has ordered me to claim, in his name,
on the grounds hereinafter stated, the return to
France of these crews and garrisons, in conformity
to the second article of the said convention.
It is conceived in these terms—" The Garrison of
the Cape, enolasrked on hoard of the different vessels,
and the a reset .1 these vessels shall Le prisoners ("war,
nod sent to Europe, as soon as poselile, upon the.r pa-
role, not to serve snail e Ichaoped, S.rc.
It is readily to be conceived, that the 'pith of
this astide, would, for greater exadlness. require
the word France to be substituted for that of 1, Es-
top."
Hut it would bean offence towards the English
national cnarafter. to suppose, that its Government
could tAke advantage of a mere defeEt of precision
in the choice of words, to infringe a capitulation, of
which the spirit is so explicitly developed by the
very conditions which they who capitulated have
sabscnbed.

In etre& if the intent and spirit of the eapir.lation '
had not been. that the garrisons aral crews, who
thereby constituted themselv,:s prisoners of war,
should be sent to France, the soonest possible, in-
stead of being detained in England, it is evident
that their conveyance to Europe, would not have
been shackled by the condition of „giving their parole
net le WC(' 6el•fore being exchanged.
No doubt hut the military men on both sides, as
well those whom the events of war forced to aban-
don the post which they had to defend, as those to
whom they were forced to yield it up, frankly and
fairly understood the spirit of the conditions which
they signed, without a grammatical arrangement
of the phraseology. And they never supposed that
any discussion about mere words, would afterwards
arise upon a matter so thoroughly established by the
essen ial condition of Article 11.
His Excellency is therefore led by his own innite
equity to think, that if thy Biitish Government be-
lieves itself Authorised to retain the troops and. sai-
lors, who capitulated at the Cape. th it belie/ can
only be owing to its not having sufficiently fixed its
attention on this second article of the capitulation,
and especially on these expressions, which form so
ye, y essential a part therenf, viz. " and shall be sere
to Europe on their parole, not to terve until exchanged."
His Excellency orders me to request you to lay
these important oh,ervations before the Lords nt 'he
Admiralty ; and he likes to the ish ate belief, that
the very line of concha be himse'f waald pursue, in
a similar case, namely, to conform to the manifest
spirit of the c tnitulatinn, will turn out to he tltat
which their Lordship., will not hesitate to adopt In
this Eh; Excellency onsei yes, that the mi {.'runes
of war are sofficieoily grave in therns-lyr,, without
:hose persons, who, called 11 their places to such ex-
tensive influence over the Int of homanity, descend-
ing to aggravate them by resorting to evasions
and quibbles unworthy their public chataner.
It is comet round to his Excellency's ears, that
certain persons in England have seopesed, that
prisoners of war, sera back to France upon parole,
have been there emplayed, before tl ej were ex-
changed. Without chuting to dwell wino an elle-
gatio which has (lely reached him indieedly, his
Eecellenete, however, charges me to aecriaint you,
that no intraftion cf this nature has take,' place.
On the other hand, I have laid befote him the
representations which you have desired me to sub.
mit to him, concerning the treatment of prisoners
of war, detained in trance.
His Excellency has very lately had occasion to
carry on some correspondence with the most dis-
tinguished amorigq those prisoners, and nothing in
the course of it, has led him to perceive any ten-
dency to complaint on this subjea. Nevertheless
he has, inasmuch as the police over them depends
upoo the Mini:ter of War, applied to the Marshal of
the Empire, having that department, for proper
attention to be paid to your representation on this
head, should it prove fou..ded. And, as soon as nis
answer shall come to hand, you shall be informed
of the real state cf things.
But, you may rely upon it beforehand, gentlemen.
that none of the duties which hu^tawny prescribes
in favour of prisoners of swat, wit be oeeleackl; for
sash is the formal intention of l's tin eerie' Ma-
jesty. I have, &c. (vsignedj
isle Coto,isb;noer. of lilt brrt,tuua
t,all,i.ort

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