there was a deficiency of the following articles, which had been plundered from her since the capture aforesaid, to wit: Two boats, a string cable, three anchors, two new top sails, a new fore sail, four studding sails, two royals, several spars, all her spare running rigging, all her cabin furniture and water casks, besides blocks, and many other small articles, and from her cargo ninety-six whole puncheons rum, there being only eighty-three remaining on board, and many of these wanting from ten to fifty gallons, so that this deponent conceiving that the contents of the said eighty-three puncheons would not more than fill sixty.

That an account was presented to him at Batabano against said ship, of upwards of nine hundred dollars, for various articles which had been taken up, upon the credit of the said ship, by the Frenchmen who captured her, which this deponent was obliged to satisfy before he was suffered to depart with his said ship.

That on the 12th day of July instant, he departed in and with the said ship from the bay of Batabano, and arrived at this port of Havana, on the 26th day of July instant, without any material accident happening, and came to anchor at the mouth of the harbour, not being permitted to come on with said ship, for the purpose of supplying himself with the necessary stores, cables, &c. to proceed on his voyage to Norfolk aforesaid, whither he is bound.

And the aforesaid Charles H. Simmons and Edward Lowry depose and declare, that all and every the matters and things set forth and declared by the said John Evans in the preceding declaration, relating to the capture of the said ship, and to the deficiency therein stated of her cargo, apparel, furniture, &c. are to their knowledge just and

true.

That they were detained on board said ship after the capture, and held prisoners on board, frequently wanting for the necessaries of life, until she was given up to the said Captain Evans, as stated in his declaration.

That before the said ship was taken into Batabano, she was brought to anchor by the said privateersmen upon the

coast of Cuba, about ten leagues to the west end of said port of Batabano, where they took from her cargo a ňumber of puncheons of rum, and put them on board of a schooner.

That the said ship was again brought to anchor before her arrival at Batabano, about one league from the port, where the said privateersmen also took from her cargo a number of puncheons of rum, and put them on board a Spanish sloop, which these deponents understood belonged to the king's pilot at Batabano, who assisted the said privateersmen in the robbery.

That on the said ship's arrival at Batabano a number of puncheons of rum were there taken out of said ship, and carried on shore by the said privateersmen, assisted by some Spaniards from shore, who during the said ship's remaining there, night after night smuggled on shore from the said ship quantities of rum, which they drew from the puncheons on board into small kegs. That the said Frenchmen and Spaniards daily plundered the rigging and furniture of said ship, and were very abusive, and gave much ill treatment to these deponents. (Signed)

JOHN EVANS,

CH. H. SIMMONS, jun.
EDWARD LOWRY.

AND the said John Evans having applied to me the said consul to make this his protest in the premises, I have granted this publick certificate thereof to serve and avail him, and all in the premises aforesaid as occasion may require.

Wherefore, the said John Evans, in behalf of himself, the freighters, owners, and all others concerned in the said vessel and cargo, doth, and I the said consul, at his desire, do by these presents protest as well against the commander, officers and crew of the aforementioned privateer, as against all and every person or persons concerned therein, for the capture of the said vessel, and the robbery and plunder com nitted upon the said vessel and cargo, for all damages, losses, costs and expenses, already sustained or which shall

or may hereafter be sustained, suffered and incurred in the premises on account thereof.

Done and protested in the city of Havana, agreeably to mercantile laws in such cases used and approved of.

In testimony whereof the said deponents have hereunto subscribed their names, and I the said consul [L. s.] have hereunto set my hand and affixed my consular seal this second day of August, in the year of our Lord one thousand eight hundred and five, and of the independence of the United States, the thirtieth. HENRY HILL, jun.

(Signed)

Extract of a Letter from Josiah Blakeley, Esq. Consul of the United States at St. Jago in Cuba, to the Secretary of State, dated 7th June, 1805.

"THE brig Trio, of New York, from Liverpool for New Orleans, cargo dry goods, has been wholly unloaded, and is now offered for sale. After taking all the dry goods out of the ship Governor Strong, of Alexandria, Clark, master, her captors have returned her to the captain.

"Since the last evacuation of Hispaniola, more than one thousand American seamen have been landed in this port, most of them without clothes, and all without any possible means of support, but such as they receive from their own government."

Extract from the same to the same, dated 1st July, 1803.

"THE scene of robbery, destruction, evasion, perjury, eruelty and insult, to which the Americans captured by French pirates and brought into this, and the adjacent ports, have been subjected, perhaps has not been equalled in a century past."

St. Juan, (Porto Rico) September 12, 1805.

JAMES MADISON, ESQ. SECRETARY OF STATE OF THE U. S. OF AMERICA.

SIR, When depredations on neutral property by powers at war become the order of the day, when no respect is paid to existing treaties, I conceive it a duty incumbent on every individual to note every such infringement, and to give advice of it to the executive of that government to which he belongs.

As I am unaccustomed to a forensick style I shall simply relate my own case, and whatever has come under my immediate observation during my short stay in this island. I left Norfolk on the 1st June last in the brig Catharine, bound for the island of Antigua, laden with a cargo of provisions and lumber, where I arrived, and sold said cargo. I left the island of Antigua on the 29th July, with a return cargo, bound back to Norfolk. On the 4th August in lat. 23 deg. 10 min. N. and long. 65 deg. west, was captured by the French brig called General Blanshot, John Baptiste de Bruse, commander, and sent into one of the ports at the west end of this island. The privateer plundered me of my stores and ship's provisions and part of the cargo. The vessel was immediately stripped of her sails and rigging and sent on shore, my people taken out, put on board of another vessel and sent out of the island. Under these circumstances I came to the city and applied to the governour, requesting his interference, stating to him that my papers were perfectly regular, and that my capture was of course illegal; and I likewise requested him to order security to be given for the amount of my brig and cargo, as the agent of said privateer was a resident merchant of this city. But all my representation has been to no effect. He has absolutely refused to take cognizance of my business. My papers remain in the hands of Mr. Duabon the agent of the captors. I may be detained here many months to come, and the vessel and cargo exposed to a total loss. My trial, if any I am to have, must be by the determination of this government either at Martinique or Gua* VOL. 1.

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