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ship, which they shewed me at Point Petre, when I was examined.

When they boarded us, nothing saved our lives but their thinking that we were English, and asked us how we dare engage under American colours, and did not believe that we were Americans even after we arrived. After the Rockland was boarded, we engaged the privateer close on board for forty minutes, when the black general, a passenger, found we were captured, he ran below with a pistol with an intention to blow the ship up, and with much difficulty we prevented it, he set all the cartridges on fire in the cabin and steerage, which were in pouch tubs, and only my laying the magazine scuttle over saved the ship and our lives; when he found he could not blow the ship up, he put the pistol to his own head and blew his own brains out. The privateer took out all the passengers, officers, and men, except myself, carpenter, two boys, and one of our men badly wounded. The privateer continued with us until we arrived in this port, which was on the 17th July, and were immediately put all together in a most miserable prison, with nothing to eat but stinking beef and coarse bread, and very short even of that; they will not suffer me to see any Americans, nor have any communications with any body. There is a schooner called the Snake in the Grass, bought in New York, and fitted out at Salem, with five guns, taken and brought here a few days before me ; one of the mates is allowed to go out at times, and this was the only opportunity I had to write. They say that orders have gone to America, that every vessel bound to St. Domingo, if taken, shall be treated as pirates. God only knows what they mean to do with us. I beg you will do all in your power to get our government to claim us, otherwise I do not know what they may do; they seem to be inveterate against the Americans, and even told me every ship and captain's names that were armed from New York..

Capt. Akens had his mate killed and one man, and several wounded, himself wounded and died at this place on the 22d instant

The schooner Snake in the Grass was commanded by James Mansfield, who is also in prison, with all his men→→ the vessel will be condemned, although they did not fire a shot. As no protest can be made here, I thought it best to let the officers sign this letter with me-several large pri vateers are getting ready to go down in the Bite after the Americans; the privateer that took us was the brig Frebriskey, captain Antwan, with ten long French sixes, two twelve pound cannonades, one long eighteen pounder, and a hundred and fifty men. The French seem to be very inveterate against the Americans, and insult us as they pass the prison. All that I can say more is to request you to do what you can with our government, to claim us as Americans. I trust, when the manner in which the French privateer engaged us under English colours, it will be a sufficient reason for them to claim us. All that I can say more is, that your ship and property was defended with spirit until overpowered by numbers.

I am sir, &c.

(Signed)

P. SISSON.

MAHLON BENNET,
JAMES ROSS, junr.

Guadaloupe, Point-Petre, July 26, 1804.

N. B. You will please to excuse any fault in this letter, as I am so closely watched.

State of New York, United States of America, ss. [L. S.]

I William Popham, notary publick, duly admitted and sworn, dwelling in the city of New York, and having power, by commission under the great seal of the State of New York, to attest deeds, wills and all other writings, and also to administer oaths and grant certificates thereof, do hereby certify, declare, and make known unto all persons to whom these presents shall come, or may in any wise coneern, that the foregoing is a just, true, and perfect copy of an original letter, (whereof it purports to be a copy) this day handed to me by George Barnewall of the city of New York, merchant, in order to have a notarial copy

made thereof, I, the said notary having carefully compared and examined the said copy, with the said original letter, and found the same to agree therewith word for word, and figure for figure. And I, the said notary, do hereby further certify and declare, that the day of the date thereof, before me personally came and appeared, Dominick Purcell, of the said city of New York, gentleman, who being by me duly sworn, did solemnly depose and de clare, that he was well acquainted with the hand writings and signatures of Preserved Sisson, the master, and Mahdon Bennet the first mate of the ship Hopewell, of this port, and that he verily believes the names P. Sisson, and Mahlon Bennet" set and subscribed to the said original letters, are of the respective hand writings and signatures of the said Preserved Sisson, and Mahlon Bennet. And he further deposeth and sayeth, that James Ross, jun. who hath also signed the said original letter, sailed from this port in the capacity of second mate of the said ship Hopewell, and further he saith not.

(Signed)

DOMINICK PURCELL.

Of all which, I the said notary do now make this publick act, that the same may serve and be of full force and value as of right it shall appertain.

In testimony whereof, the said Dominick Purcell hath subscribed the foregoing deposition, and I, the said notary, have hereto subscribed my name, and affixed my seal of office at the city of New York, the twentyfirst day of August, in the year of our Lord one thousand eight hundred and four, and of the Independence of the United States of America, the twenty-ninth.

(Signed)

WILLIAM POPHAM, Not. Pub

FROM THE PRESIDENT OF THE UNITED STATES TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES, FEB. 5, 1805.

THE Secretary of State has lately received a note from the Danish charge des affaires, claiming, in the name of his government, restitution, in the case of the brig Heinrich, communicated to congress at a former session; in which note were transmitted sundry documents, chiefly relating to the value and neutral character of the vessel, and to the question whether the judicial proceedings were instituted and conducted without the concurrence of the captain of the Heinrich. As shese documents appear to form a necessary appendage to those already before congress, and throw additional light on the subject, I transmit copies of them herewith. TH: JEFFERSON.

February 5, 1805.

DOCUMENTS

IN THE CASE OF THE DANISH BRIGANTINE HEINRICH.

I, David Matthew Clarkson, at present of the island of St. Bartholomew, merchant, do most solemnly declare and swear, that I was residing in the Island of St. Christophers, in the town of Basseterre, as agent for the United States, in the month of October, 1799, when the Danish brig Heinrich, Peter Scheel, master, of Altona, was brought into that port by the United States brig of war, called the Pickering, Benjamin Hillier, commander. And I do further swear, that said brig and her cargo were libelled as a prize, for a salvage, by said Benjamin Hillier, in the British court of vice admiralty at the said island, and that it was proceeded against the said brig and cargo, upon the said libel, at the instance of the captors, and not at the instance of neutral captain Peter Scheel; and in every part of the transaction of said vessel and cargo, the said captain

refused to give any advice in the management of the same, alleging that as the property being neutral, he had taken the requisite steps in making such protests as would fully justify him to the owners and others concerned, and made no doubt ample recompense would be made elsewhere. DAVID M. CLARKSON.

(Signed)

BEFORE me, Andrew Bergstedt, justiciarius in the island of St. Bartholomew, personally appeared Mr. David Matthew Clarkson, a merchant, living in the town of Gustavia, island aforesaid, who, on his solemn oath, taken before me according to law, deposes and says, that the foregoing declaration, which he did sign before me, does not contain any thing but what he knows to be true, that the whole tenor thereof is true, and nothing but the truth.

Done in Gustavia, on the island of St. Bartholomew, this 5th day of July, 1804, in presence of Charles Fred. Warderman and Matthew Winfield, witnesses, who have hereunto set their names together with me, the justiciarius aforesaid.

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Extract of Mr. David M. Clarkson's Letter to Richard Soderstrom, dated July 4, 1804.

WITH respect to your obtaining a certificate from the marshal of St. Kitts, of his having served a monition on captain Peter Scheel, I must observe he never did, nor is it the custom there to do so, but when a monition issues, it is fixed on the court house door, and no where else. Perhaps captain Scheel never saw it, or was told of it, and if he never went to that place, he could never see it.

All libels for captures made by the American ships of

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