C. P. Pelham, A. M. Isaacks, Henry Young, Thomas Robeson, Benj. M. Gause, Thomas Cowan, Jos. G. Wright, Robert Dorsey, Thos. F. Davis, Thomas Jennings, J.Hartman, Sam. Bloodworth, Duncan Ray, Thomas Torrance, Rowland Craig, Sam. Shuter, H. Halsey, William Green, Cha. Carrol, Rd. Bradley, Frs. Fontaine, Daniel M'Kenzie, Daniel M'Phail, Thos. Callender, T. N. Gautier, Jacob Levy, Henry B. Howard, P. Mallett, A. Lazarus, John Allen, Jas. Holmes, Sam. Morgan, Anthy. B. Todmer, John Maclellan, William Keddie, Geo. Jennings, Hanson Kelly, James Allen, Hy. Horkins, Jno. Henderson, Rich. Lloyd, Jno. Maltester, B. Roberts, Adam Tabac, Peter Harris, James Telfair, A. T. Brown, Alex. Peden, Jas. Carson, Thos. Fitzgerald, J. Bernard, B. Jacob, Thos. Smith, Sam. Swann, Geo. Gibbs, W. II. Beatty, Jesse Wingate, Wm. Browne, D. Jones, Wm. Harriss, Thomas Sonerd, Nehemiah Harriss, Daniel M'Neal. MESSAGE RELATING TO THE OBSTRUCTION OF THE MISSISSIPPI. DECEMBER 30, 1802. GENTLEMEN OF THE HOUSE OF REPRESENTATIVES, In addition to the information accompanying my message of the 22nd instant, I now transmit the copy of a let ter on the same subject, recently received. December 30, 1802. SIR, TH: JEFFERSON. WASHINGTON, DECEMBER 30, 1802. ALTHOUGH an informal communication to the publick of the substance of the enclosed letter may be proper for quieting the publick mind, yet I refer to the consideration of the House of Representatives, whether a publication of it in form might not give dissatisfaction to the writer, and tend to discourage the freedom and confidence of commu* VOL. I. 25 nications between the agents of the two governments. Accept assurances of my high consideration and respect. TH: JEFFERSON. The Speaker of the House of Representatives. House of Representatives of the United States, Jan. 7, 1803. RESOLVED, That this House receive with great sensibility the information of a disposition in certain officers of the Spanish government at New Orleans to obstruct the navigation of the river Mississippi, as secured to the United States by the most solemn stipulations :— That adhering to that humane and wise policy which ought ever to characterize a free people, and by which the United States have always professed to be governed ; willing at the same time to ascribe this breach of compact to the unauthorized misconduct of certain individuals, rather than to a want of good faith on the part of his Catholic Majesty; and relying, with perfect confidence, on the vigilance and wisdom of the Executive, they will wait the issue of such measures as that department of the government shall have pursued for asserting the rights and vindicating the injuries of the United States :-holding it to be their duty, at the same time, to express their unalterable determination to maintain the boundaries, and the rights of navigation and commerce through the river Mississippi, as established by existing treaties. MESSAGE FROM THE PRESIDENT OF THE UNITED STATES, TRANSMITTING A REPORT FROM THE SECRETARY OF STATE AND SUNDRY DOCUMENTS IN THE CASE OF THE DANISH BRIGANTINE CALLED THE HENRICK. FEB. 23, 1803. GENTLEMEN OF THE SENATE AND OF THE HOUSE OF REPRESENTATIVES, I LAY before you a report of the Secretary of State on the case of the Danish brigantine Henrick, taken by a French privateer in 1799, retaken by an armed vessel of the United States; carried into a British island, and there adjudged to be neutral, but under allowance of such salvage and costs as absorbed nearly the whole amount of sales of the vessel and cargo. Indemnification for these losses, occasioned by our officers, is now claimed by the sufferers, supported by the representations of their government. I have no doubt the legislature will give to the subject that just attention and consideration which it is useful as well as honourable to practise in our transactions with other nations, and particularly with one which has observed towards us the most friendly treatment and regard. TH: JEFFERSON. February 23, 1803. THE Secretary of State has the honour to report to the President of the United States, upon the Note of the minister of his Danish Majesty, dated on the 9th instant, as follows: That it appears that the Danish brigantine Henrick, captain Peter Scheele, sailing from Hamburgh, loaded with an assorted cargo, and bound to Cape Francois, was captured on the 3rd of October, 1799, by a French privateer, and on the 8th of the same month, she was re-captured by an American publick armed vessel, called the Pickering, and carried to the British island of St. Christopher, where she arrived on the 10th. That from an authenticated transcript of the proceedings in the case of the said vessel, had before the court of Vice Admiralty at the said island, it appears that the said court took cognizance of the case, and awarded one half of the gross amount of the sales of the brig and her cargo to be paid to the re-captors, and the other half, after deducting costs and expenses, to be restored to the owners. That this rate of salvage appears to have been adopted from the laws of the United States, as then applicable to re-captures of American property, and of such as belonged to belligerent powers in amity with the United States; but it is believed that these laws had, according to decisions of our own courts, no reference to re-captures of neutral property. That admitting, what has received the sanction of some recent authorities, that in certain peculiar cases of danger of a neutral being condemned by a belligerent, the re-captors are entitled to a proportionate salvage, there is much reason to believe this is not such a case, as the vessel was bound from a neutral to a French port, the whole of the property being neutral, and according to the assurance of Mr. Lindemann, the governour of the Danish West India islands, most of the Danish vessels carried into Guadaloupe for a year before this capture were released, and some of them with damages. That the courts of the United States have in cases much more strongly marked by circumstances indicating a danger of the neutral being condemned, allowed much smaller rates of salvage. That the laws of the United States required vessels captured under their authority to be brought within their jurisdiction; and it is conceived that it was the duty of the American officers in this case to repel the attempt of the foreign judicatory to take cognizance, much less ought they to have directly submitted their re-capture to its decision, which as it could not be revised or rectified, in case of errour, by the tribunals of their own country, might tend to involve it in claims on its responsibility from others. That, according to the representation of the agent for the owners of the Danish vessel of the sum of $44,500, the value of the vessel, freight and cargo, there remained, after satisfying the decree for salvage and expenses, no more than $8,374 41 cents. That as the policy and interest of the United States lead them in a special manner to respect and promote the rights and facilities of neutral commerce; as the sentence in this case was permitted, if not procured by officers of the United States, to be made in a foreign and therefore improper tribunal, as there remains no doubt but that a court of the United States pronouncing thereon, would either have rejected the claim for salvage altogether, or reduced it to the most moderate scale, as the declared basis of the sentence, viz. the law of the United States, was inapplicable to the case; and as it is understood, that a remedy is now unattainable, in the ordinary judicial course, it is the opinion of the Secretary of State, that under all the circumstances, the case ought to be referred to the just provisions of Congress thereon. All which is respectfully submitted. JAMES MADISON. Department of State, February 22, 1803. SAINT CHRISTOPHER, In the Court of Vice Admiralty. I, William Henry Male, deputy register of the acts and deeds of his Majesty's courts of vice admiralty of the said island, do hereby certify to all, to whom these presents shall or may concern, that the several pages hereunto annexed, being in number seven, do contain a true copy of all the proceedings, vouchers, papers and exhibits (except the monition which appears to have been duly issued, but has since been mislaid) filed in the cause of the brig Hendrick, Peter Skeel, master, her tackle, apparel, and furniture, and the goods, wares, and merchandizes, laden on board thereof, taken by the United States brig of war Pickering, Benjamin Hillier, Esq. commander, and libelled in the said cause, as lawful prize; and that the same have been earefully examined with the originals by me. In testimony whereof, I, the said William Henry Male, deputy register as aforesaid, have hereunto set my hand, and the worshipful John Garnett, Esq., judge Surrogate of the said court, hath also affixed the scal of the same court at Bassaterre, in the said island of Saint Christopher, this fifteenth day of September, in the year of our Lord one thousand eight hundred. W. H. MALE, Deputy Register. (Signed) JOHN GARNETT, [L. s.] |