Since my last, I have received a letter from Messrs. Turnbull and Co. in reply to the queries asked, they are of opinion we shall certainly be condemned, unless a sum of money is properly applied, which corresponds with my sentiment. Every officer under this corrupt government is open to bribery, and have no doubt, but a few thousand dollars would be the most solid argument we could advance in our defence. Upon the subject of bribery I beg leave to state my ideas. Whatever sum is applied must be done before a condemnation takes place, otherwise the cargo will be landed; and if prevented from being sold (which is not always the case, particularly if valuable) upon an appeal it will be pillaged at least 50 per cent. if any time in store, and no vigilance will protect it. As underwriters have hitherto refused paying, unless condemnation takes place, will they not refuse in this instance? Their conduct in this respect has already cost them dear, and if they pursue, will prevent many from coming forward. Several vessels might have been liberated by advancing the judge two or three thousand dollars; but the agents not considering themselves at liberty to do it, have refused, and afterwards compromised for a much larger sum on carrying on the appeal. In a conversation with Mr. Francis, previous to my departure, I mentioned the subject of ransom, should we unfortunately be captured by the Tripolitans, not at that time apprehending any thing from the gun-boats; but he was of opinion I could not ransom the vessel for any thing short of her real value, and would therefore decline mentioning the subject in my instructions. It is by no means certain we shall be released even by of. fering a sum of money, so many being concerned in our capture; but Messrs. Turnbull and company have guaranteed the payment of any sum I may choose to advance, and recommends the coming forward immediately. Mr. Clement Humphreys, at present at Cadiz, has mentioned my case to the house of Bernard Lacoste, the particular correspondent of Mr. Leamy; they have offered their services here, and a nephew is now with me, with whom I com

municate. Mr. Humphreys, from his long stay, has had an opportunity of becoming acquainted with them, and strongly recommends them as a house of honour, on whom I may place the utmost reliance; they have had the principal American business under their protection, and from the loans they have made to government, have considerable influence. The young gentleman who has come down from Cadiz since my arrival, appears to be pretty well acquainted with the forms and corruptness of the courts, having managed many similar causes, and being personally acquainted with the principal officers here. I have written to Messrs. Grevignee and Co. of Malaga, forwarding them a recommendatory letter from Messrs. Turnbull and Co. Messrs. Grevignee and Co. are known to you, gentlemen-their influence in many places in Spain is not doubted, and I believe in this province they have great power. I expect much from their reply, and believe they will be willing to render you every assistance.

Considering the subject maturely, I am determined to go as far as ten to twelve thousand dollars, provided the ship is placed in security, say at Gibraltar, and hope you will be able to arrange matters with the underwriters, should any such advances take place. Convinced that you will think I am acting from motives purely for your interest, and not wantonly and without hesitation running you to expense, induces me to form my determination. Convinced also, that the prosecution of an appeal will be attended with more expense, and that every prospect of benefit from proceeding on the voyage, if ultimately released, will be destroyed by delay.

I am sorry captain Flimm incautiously delivered to an American captain, while I was in San Roque, a hasty account of our action. It was meant entirely for your eye, dietated by him, and to be by him enclosed to you. It was a true statement, but was never intended to be made publick, and am apprehensive the underwriters may hesitate on finding the guns were not adequate. The conveyance of letters from this place is always attended with danger, the

privateers' men being constantly on the watch endeavouring to intercept all they can; you will not, therefore, be surprised, should you not often hear from me, for in my situation one letter intercepted would ruin all our plans.

Enclosed you receive copy of our protest in the consulate here; if it is not regular you must attribute it to the ignorance of the forms, for I am obliged to draw out all writings, our consul not rendering any assistance. Hoping soon to have it in my power to give you better news, I remain, gentlemen, your most obedient servant,

(Signed).

JOHN GIBSON.

To THOMAS JEFFERSON, President of the United

SIR,

States.

THE Newport Insurance Company in Rhode-Island think it a duty they owe to themselves, and those of their fellow citizens who are immediately concerned in trade, respectfully to represent to the chief magistrate of the Union, that great spoliations have been, during the present year, committed upon their lawful commerce by vessels acting under authority from the government of Spain.

As underwriters we have been unexpectedly injured by these spoliations, and are apprehensive of sustaining further and great losses by a continuance of them; we therefore beg leave to remonstrate against them.

The differences between the United States and France having been terminated by their late treaty, and the treaty subsisting between this country and Spain expressly allowing our citizens the liberty of trading to and from the ports of the enemies of the latter, it was presumed that vessels of the United States, destined to ports in the Mediterranean sea, would not be, by being cleared for, or ordered to touch at, a British port, rendered liable to be captured and condemed by the French or Spaniards.

War with several of the Barbary states having been apprehended for some mouths previous to the declaration of it by the government of Tripoli, the merchants of the

United States had deemed it prudent, for nearly a year past, to have their vessels, when bound to any port in the Mediterranean sea, cleared for, or ordered to touch at Gibraltar, to obtain information that might lead them to avoid, or to procure convoy to protect them against the Barbary corsairs. And it has not been unusual for American vessels, in times of the greatest security, to touch at Gibraltar merely for the purpose of gaining commercial intelligence, always useful, and sometimes absolutely necessary, for the success of their Mediterranean voyages. But since the existence of the danger alluded to, it has been considered essential to the safety of our merchant vessels bound as before mentioned, that they should touch at Gibraltar-And when cleared for, or ordered to touch at that port, they have been insured at a lower rate than they otherwise would have been. It now appears, however, that clearances and orders of this kind have exposed them to new dangers. They have been avowedly in consequence of them, taken near Gibraltar and carried into the port of Algeziras, in Spain, by gun boats and other armed vessels, sailing under the flag and authority of Spain, but in company, as we are informed, with French privateers, and have there been condemned by a Spanish tribunal. We have to regret the capture and condemnation, under the circumstances and in the manner above recited, of two vessels with valuable cargoes, owned wholly by citizens of the United States, and not laded with any goods contraband of war; in which, as underwriters, we were interested to the amount of thirty thousand dollars-that sum, however, comprising only a small part of the whole value of them. The papers relating to, and proving the capture and condemnation of, one of these ships called the Hercules, Courtenay, of Newport, we are assured, were transmitted by the owners of her to the Secretary of State some months since; and the faets respecting the case of the other, called the Molly of Philadelphia, have, we doubt not, been fully stated to the Secretary by the owners of her, who are merchants of that city. It is therefore unnecessary for us, and we shall not * VOL. I.

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presume to lay before the President all the circumstances attending these two captures. We nevertheless think it proper to mention, that it was alleged on the part of the captors that Gibraltar had been declared in a state of blockade by the government of Spain. This declaration was, however, not known here at the time of the sailing from the United States, of the two vessels referred to, and of many other vessels that have experienced a similar fate. It can indeed be considered only as a pretext for capturing defenceless neutral vessels, when it is known that Gibraltar has not been actually blockaded, for at least several years past, by any Spanish naval force capable of preventing a single British sloop of war from going into or coming out of that port.

The hostile disposition manifested by the Spaniards to wards our commerce in the Mediterranean sea and elsewhere, excites in our minds serious apprehensions for its safety, when we consider the reduction that has lately taken place in our navy, and the present unarmed state of our merchant vessels. But relying upon your assurances to the legislature of this state, that "commerce will be cherished by you, both from principle and duty," we con fidently hope that the powers vested in the President by the constitution and laws of the United States, will be exerted to obtain indemnification for the losses, and to prevent a repetition of the injuries of which we complain.

By order and in behalf of the Newport Insurance Com✩ pany. (Signed) SAMUEL ELAM, President. J. DENNISON, Secretary: Newport, Rhode Island, November 10, 1801.

Attest,

The subsequent remarks concerning Spanish depredations on American commerce, are extracted from Colonel Humphrey's letters to the Secretary of State, written at different periods, as will appear below.

"SCHOONER Active, of Penobscot, captain Holbrook, from Liverpool, bound to the United States, was captured by a