ing given information that the American squadron would rendezvous at that place, and the commander be instructed to give convoy to their vessels, when applied for, and he could do it with propriety, their owners were led to conelude, that in endeavouring to benefit of that protection, they were not liable to be molested by any friendly power.

As it is extremely important to the American merchants to be informed whether under the existing circumstances they ought to consider the port of Gibraltar as blockaded, one object of their application to the President is, to obtain that information. Should it be so determined, they trust, till legal notice thereof shall have been given, they ought not to be subject to the losses and detention which they have experienced, and that retribution will be obtained therefor.

They flatter themselves too, that vessels which do not call there, or which may be obliged to put in by stress of weather, or for convoy, and not for the purposes of trade, may not be carried into the Spanish ports, and undergo the losses attendant on such detention; but that where their papers are fair and clear, they may be permitted to pursue their voyages without molestation.

In full confidence that the President will take this, their respectful representation, into consideration, they console themselves with the hope, that he will take such measures thereon, as the nature and importance of the case may, in his opinion, require.

In behalf of the Chamber of Commerce of Philadelphia. THOMAS FITZSIMMONS.

(Signed)

Philadelphia, Oct. 10, 1801.

ALGEZIRAS, AUGUST 3, 1801.

Messrs. Nicklin and Griffith-Gentlemen,

I WROTE you last in a hurry, acquainting the unfortunate capture of the ship Molly, after an action of two hours. You will please to observe, gentlemen, we were attacked under the red flag and French colours, although * VOL. I.

17

it appears, and indeed is actually the case, they were under Spanish commissions, and undoubtedly we have a plea and defence against the proceedings of those pirates. Mr. Gibson's communicating to you fully respecting the capture of the ship, and the situation she is in, if there are any hopes of her release, &c. it is unnecessary for me to mention any thing farther on that head.

With attention to your interest, I remain, gentlemen, your most obedient servant,

(Signed)

RICHARD FLIMM.

ALGEZIRAS, JULY 26, 1801.

Messrs. Willings and Francis-Gentlemen,

IT is with sincere regret that I have to acquaint you of the capture of your brig Sophia, and of her arrival here on the 24th inst. ; and last evening, to increase the misfor tune, the armed gunship the Molly, towed in by seven Spanish privateers, with whom she had warmly fought for upwards of two hours; but I have the pleasure to say, that Mr. Gibson, the captain, and officers, are well; several were wounded. The crew, without exception, have shared a similar fate to that which we experienced on board the Amelia, being plundered of every article of clothing, and otherwise treated with the greatest inhumanity. I made two attempts to get along side, but so rigid are the privateersmen, that I was reluctantly compelled to sheer off; however, I shall use the greatest exertions to afford them relief; and you may be assured of my utmost endeavours to make myself serviceable, and I feel it more particularly my duty where you are so deeply interested. I have offered a trifling gratification to get the Sophia liberated from quarantine, and I am in hopes that to-morrow Mr. Dugan will be on shore. I have received your favours by that gentleman, and have taken means to get the business in a train, the result of which I shall not fail communicating. In great haste, gentlemeu, believe me, very respectfully, your most obedient servant,

(Signed)

CLEMENT HUMPHREYS..

P. S. All American vessels that have Gibraltar written on their papers, and met with by Spanish privateers, will be brought in and condemned. The following American vessels, in addition to what I have mentioned, have been sent in since the 24th inst.

Brig Maria, Capt. Hardie, from Phi

ladelphia,

Brig Milford, from Baltimore,

}

in quarantine.

ALGEZIRAS, JULY 31, 1801.

Messrs. Willings & Francis, Nicklin & Griffith, and Henry Nixon, Philadelphia.

GENTLEMEN,

It is with sincere pain I inform you of our unfortunate capture by the French and Spanish boats, after an action of two hours. It still bears more hard upon us when we reflect we had every reason to suppose we could have made good our passage to Gibraltar, had our guns been sufficiently heavy for their weight of shot. Our crew went to their quarters with alacrity, and did not offer to desert them.

I have not before this had it in my power to write a line, all communication being with us cut off, until we had given in our declaration to the commander at San Roque, from whence I returned yesterday.

The principal plea for condemnation is our being bound to Gibraltar. Our firing on the gun-boats will be no injury to our cause, as we were attacked by the flag of Tripoli (a red flag) and no right to regard any colours afterwards hoisted. By continuing the action until we were come up with by a gun-boat in the king's service, we fall directly under the cognizance of government, and I understand our cause will go direct to Madrid, no notice being taken of it here, which is not the case with those ships who have struck to private armed vessels. In consequence of which I hope, gentlemen, I shall get more redress, but fear it will be a long time. Those who have to apply here are detained a considerable time, and have their decision ultimately from Madrid.

The ship is stripped, the sails unbent, and a guard of Spanish soldiers put on board by the orders of the com mandant, which now puts a stop to any further pillage, which was carried on with so much diligence while under the direction of the privateersmen, that $10,000 will not replace what they have stolen.

By this conveyance I have written to Messrs. Turnbull and Co. of Gibraltar, requesting all the information they can give, as also a credit on Cadiz or Madrid, (could it be obtained without much expense) by which I might be enabled to give security for a certain amount, and obtain the release of the ship.

This plan appears to be the most eligible, as we were taken by a government vessel, who are responsible for all damages in case of acquittance; they may perhaps be more inclined to accept the obligations of some safe house in Cadiz, than detain the ship until the final decision. I shall anxiously wait an answer from Messrs. Turnbull and Co. (under cover to whom I send this letter) from whom I expect much information which is not to be obtained here, Mr. Clement Humphreys being gone to Cadiz, and the American Consul, Mr. Molony, a superannuated gentle. man, either not having it in his power, or being unwilling to render any assistance to Americans brought in here. On Mr. Turnbull's opinion I shall principally rely in the prosecution of my business.

It is a great pity some vessels are not kept constantly cruising in the mouth of the Straits. One or two frigates would entirely prevent the depredations of the boats, who are no better in their treatment than the brigand barges in the West Indies. Were our government to make a spirited representation, I have no doubt but redress might be obtained for the depredations committed on our flag, as they tremble for their possessions in the West Indies and South America. The French commissary has great influence here, and has the power of removing all causes of capture to Paris, where possession has been taken by the French Aag, which makes me think ourselves fortunate in not sub

mitting early. All armed French vessels can obtain the privilege of wearing a Spanish flag by paying two thousand dollars, so that there are none but what carry the standard of both nations.

I shall write you by every conveyance, and hope to hear from you, either by the way of Gibraltar, Cadiz, Malaga or Alicant, under cover to Mr. Molony, American consul here. You will please to be very guarded in your expressions for fear of your letters falling into the hands of our opponents. Our situation is very delicate, the smallest trifle will condemn the ship and cargo.

Our treatment has been infinitely more harsh than I experienced in Porto Rico, and think we stand as little chance of being liberated as there, unless I can interest our minister, when I go to Madrid, to act strongly in our behalf.

You will please inform me, whether it is necessary for me to stay after the first decision and appeal, if you abandon the property to the underwriter. I consider myself released after the papers are in such a train that their agents can carry on the appeal. As long as the property remains yours I shall remain by it, and shall, to the utmost of my power, endeavour to protect it.

Remaining, gentlemen, your most obedient servant,

(Signed)

JOHN GIBSON.

ALGEZIRAS, AUGUST 7, 1801.

Messrs. Willings and Francis, Nicklin and Griffith, and Henry Nixon.

GENTLEMEN,

ENCLOSED you receive copy of my last to you under date of the 31st ultimo, forwarded via Gibraltar; since when nothing has been done in our case. I was in hopes then, from the information received, of the cause being carried immediately to Madrid, but have been deceived; the point in dispute at present is, who shall have the right of trial, the government of San Roque, or Algeziras, both strenuously contending, and fear we shall have to remain til an order is sent down from court,