The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-11-29
FRANKFORT, Nov. 4.

fHhNhfONI, NOV. 4.
Collector Office, Dja,Ia Of MobiA,. Port of
Fort Sfoa.lert, AHggf N, 1905.
SIR,
Ihave 10 acknowledge the receipt of yonr let
ter of the Goth ult. written to me in Spaniih, to-
gether with atranllation thereof, by MIR. Will
liam Smpfon, which is as follows =
" Three or four nights ago, the fchr. Cato
commanded by Cadet Freret, pafIed this port,
without, AS is cnftomary and reqsred, having
topped TO prsfent manifeit, or lit of her car
go, and here as ihe ought to have done, paid
the duties thereon. Col. Maxeut regrets that
fuch attempts ihould be made in oppolition to
the laws ofths government and reqncits that
YOU will, AS conmanlant aud collector at Fort
Stoddcrt, forward him hy the frf occa.ion "A
copy ct the clearance or cargo Of the faid fchr
that this government may on her return ,uake
LEGAL demand of the duties on her cargo. He
moreover hcgs in future, that you will defire all
parronus @: vriieis TO flop this port and pre-
ient their clearance from For. Stoddert, in Or
der to prevent any unneceiiary delay or trou-
be"
In reply to your communication, deem it
my dut" TO inform you, that the fchr. Cato is
owned and navigated by CT liens OF the United
States, As appears from the enrolment and IL
cenfe, which were granted by the collector of
New-Ofieans for carrying on the coalting trade
and that on the 2Ssi ut. the faid fchr. Gle AIRED
out at this office, for the port of Bayou St
Johns, laden with cotton, the growth and pro-
duce of this country, together with few hea-
yer fsins; ihe had therefore, an inGefeahble
right TO proceed without touching at any inter
| mediate point.
1t is my earnet deHre at all times, to pre-
!erve the good correfDondence and harmony
which has hitherto fulfilled between the oiti-
Of MA nd ..~Ll
and ihall mott cbeerfu!y, ufe every proper
meansin my power, to prevent iniringements of
any law Of Spain which comes within my know
ledge: but being well a(Iured that no law can
exit, which cont ravenes tine POPULATIONS and
proviiious contained in the treaty between the
United States and Spain, and being we'll con-
WINGED that the exaetion Of duties as pracfifed
on our commerce paliing the city of Mobile, is
not fanttionet by the letter of that treaty, and
| ia directly oppoied to The fpirit and Reasonable
| contraction thereof INIT therefore doubt
the exitence of a law authorizing iuch impoiiti-
ons, and truft they will not be praetifgd in flu
ture.
Under thefe mprelIions cannot content to
forward the papers which you requeft nor can
], by any means, comply with the latter claufe
of your letter becauie the laws of the United
States hold her citizens fricIy accountable for
| their actions and am in like manner held ac-
countabe for mine they like myfelf deem it
no crime, for United States vefels, regularly H.
cenfed for carrying on the coating trade, to
fail freely, from one OF our own ports 10 ano-
Their without fufferng any Illegal detention or
imp niition whatever. Every proper meafure
has beer adopted by our government to fecure
| TO her citizens the enjoyment of free and unin-
terrupted commerce, 70 far as her own laws can
extend and treaties have been entered into
| with our neighbours which fecure, and extend
as far as we can expect or win, thofe precious
privileges. Is it becaufe few of our tmd ira
ders have failed to- embrace thefe privileges,
and have fubmitted TO being tripped of almnt
one eighth oftheir cargoes, when pafiing Mobile
from one of our opn ports to- another, that you
now call on me to aid you In this niquitous
pr2stice Or is il becaUfe this practice has for
forne time time prevailed, in contraveDtion Of
exiting treaties, that il is now to be adopted,
and the folemu nipulations contained in thofe
treaties difregarded II is prefumed not.
Our government po6ehing in 4 mott extern
| five degree, the affection and confidence of her
| citizens, her laws and treaties are obferved by
them with the highef refpe6t and veneration.
Our treaty with Spain points ont how far
the prvilegeso Of navigation and commerce mall
extend, and while that treaty allows VS. to pats
with our yeiIcls and Effects in the freeH MANNER,
even to ports belonging TO an enemy, we fiad
ihe officers OF Spain at Mobile aiiuming tine