were taken on board the Privateer, having been robbed of every article of clothing except what they had at the time on their backs. The Men had recently left The United States, and had each a new suit of good clothes, many of which can, at most hours, be seen at this place, worn by the Crew of the Privateer in publick. Except being robbed of clothing, knives, razors, &c. were well treated on board the Privateer, where they remained about 17 days-were then put into the Puntilla (prison) without food, until the afternoon of the third day. The Keeper of the prison, observing the wants of these Men, sent word to the Captain of the Privateer, "That he must furnish them daily with food, or he would be punished;" which was complied with.

SIR,

(8.)-Captain Spence to the Secretary of the Navy.

United States' Ship Cyane,

St. John's, Porto Rico, 3d September, 1822. AFTER a passage of 25 days from the Chesapeake, during which we experienced an alternation of calms and head winds, I anchored in this Harbour. I found no small excitement existing, produced by the capture of the Pancheta. The presence of a Ship of our force was perhaps seasonable, and possibly may have been the means of preventing unpleasant consequences to the Americans here. Before I could enter upon the business specially delegated, I was informed of the imprisonment of several Citizens of The United States, taken from the Brig General Jackson, captured and sent into Ponce. As no American ought to be restrained of his liberty, in any quarter of the World, one hour, without just cause, I addressed His Excellency Don Francisco Gonsalez de Linarez, demanding their release. My Letter, marked A, is herewith transmitted. The Men being liberated, I felt myself at liberty to enter upon the execution of my Instructions, and immediately addressed him upon the subject of the capture of American Vessels by Privateers out of the Island of Porto Rico. A Copy of my Letter, marked B, is herewith enclosed. On the 27th ult. I addressed to His Excellency, Letter C, annexing Memorandum No. 1, being a List of Vessels sent into the different Ports of the Island, for adjudication. On the 28th, I received from His Excellency a Reply to my representations, which is herewith transmitted, with other subsequent Communications from him. I then addressed to him Letter D, with Copies of the accompanying Documents, 2, 3, and 4.

Some of the circumstances of the capture of the Pancheta being known, for the purpose of preventing the ill effects of distorted and prejudiced representations, and to allay the sensations of which His Excellency speaks, I addressed to him, on that subject, Letter marked E. Receiving several reiterative Communications, of which I obtained but very imperfect Translations, I replied with Letter marked F, and came to the consummation of the duty confided to me in Letter G, and I

trust, in the declarations there made I have neither gone beyond the letter or spirit of my Instructions; having been influenced, throughout the whole Correspondence, by a strong desire to discharge a delicate trust with becoming graciousness; and, while making known the sentiments of the American People, and the determination of my Government, to conciliate, by a friendly style and manner, the good feelings of those in Authority, all of whom are Men of high standing, and justly estimable. I hope my remarks on the Laws of Blockade will be considered by yourself and the President pertinent and proper. I believe I conceived your views on that subject. It cannot, however, be expected that an Officer who embarked at the age of 11 on an element where the accomplishments of a Scholar are not required, should shine in a Correspondence of a diplomatick cast, especially when depending wholly on his own feeble capacity. What I have written on this occasion, has been with a heart glowing with American feelings, with an enthusiastick admiration of our Laws, Institutions, and great Men: if, therefore, a little egotism should occasionally appear, I plead this in extenuation.

The hospitality of the Port has been freely and fully extended to my Ship; and the personal attentions of those in Authority have been gratifying to me and my Officers. To a system of Privateering they are opposed, and the Governor will do all in his power to discourage its continuance. Indemnification for the past, I fear, we shall have to look for to the Treasury of Spain.

I shall be active in attending to every thing in which the interest of our commerce is concerned, and shall endeavour to sustain the American character by a manner, gentle yet firm; taking on myself no responsibility, keeping constantly in eye the reciprocal rights of Nations, and your Instructions.

I have, &c.

ROBERT TRAIL SPENCE.

P.S. I shall leave these Seas the last of October for Africa. The Hon. Smith Thompson.

(Inclosure A.)-Captain Spence to the Governor of Porto Rico. United States' Ship Cyane,

SIR,

St. John's, Porto Rico, 26th August, 1822. INSTRUCTED to proceed to Porto Rico, to communicate with your Excellency, in relation to the infringement of American rights, by Vessels fitted out of different Ports of this Island, I had scarcely anchored with this Ship, ere I learnt that several Citizens of The United States (after experiencing the most brutal treatment from a gang of Desperadoes belonging to an armed Schooner now in, and said to be of this Place) have been imprisoned, and are at present in confinement.

These American Citizens, I understand were taken from the Brig Andrew Jackson, while peaceably pursuing their vocation on the high Seas, under the Flag of the United States.

So gross a violation of the usages of all Civilized Nations is calculated to excite universal abhorrence; and the just indignation I am persuaded your Excellency must feel on being informed of such an atrocious act, renders it only necessary that it should come to the knowledge of your Excellency, to cause the immediate release of said Citizens, and the prompt and salutary punishment of those Violators of the Laws of Nations and humanity.

With the most perfect consideration, &c.
ROBERT T. SPENCE.

H. E. Francisco Gonzalez de Linarez.

(Inclosure B.)-Captain Spence to the Governor of Porto Rico. United States' Ship Cyane,

SIR,

St. John's, Porto Rico, 27th August, 1822.

I AM directed to call the attention of your Excellency to the capture and detention, by Privateers fitted out from this Island, of several American Merchant Vessels, while pursuing a lawful commerce, during a time when The United States enjoy profound Peace with all Nations.

Your Excellency will readily perceive that, under such circumstances, the violation of American rights, here complained of, calls for a speedy interposition of justice and authority. Justice, that a restitution of these Captures may be made, and authority to prevent a repetition of similar outrages.

I will as soon as possible transmit to your Excellency the names of the Vessels to which this complaint refers, with a statement of the circumstances attending their capture; confidently believing that your Excellency will adopt, as early as possible, such measures as shall, in your wisdom, be deemed sufficient to arrest these depredations, which, in some cases, can be viewed in no other light than piratical.

The Flag of The United States, floating in every Ocean, guarantees protection to all who lawfully sail under it: the invasion of rights identified with this Flag, it would neither be honourable, wise, nor expedient to permit; and that trade to which, as a Neutral, The United States have claim uninterruptedly to pursue, cannot be molested.

The American commerce, second to none for magnitude, enterprize, and fair dealing, must, to insure a continuance of these constituent features, be preserved inviolate; and the protection necessary to fect this object, the Government of The United States is determined afford, whether in the Seas of the Mediterranean, Pacifick, or Cabean, where outrages, tending to degrade the Flag under which they

are committed, are daily occurring: these, as far as they shall come under the cognizance of your Excellency, I am persuaded will be restrained and prevented.

The amicable and friendly footing on which Spain and The United States are at this time, convinces me, that nothing more than a proper representation of these facts is required to call the subject-matter to the immediate attention of your Excellency.

Fully believing this, I have the honour to remain, &c.

H. E. Don Francisco Gonzales de Linarez.

ROBERT T. SPENCE.

(Inclosure C.)-Captain Spence to the Governor of Porto Rico. United States' Ship Cyane,

SIR,

St. John's, Porto Rico, 28th August, 1822.

HAVING informed your Excellency, that I have been instructed to proceed to this Place, to communicate with your Excellency on the subject of captures, made by Privateers fitted out of this Island, of American Vessels, while pursuing, in time of Peace, a lawful trade, I now have the honour to transmit a Memorandum, embracing the names of these Vessels, and the circumstances attending their seizure.

It appears that some of these Vessels have been sent in, and, after a grievous detention, declared to be a "bad Prize;" subject, however, to pay all the costs of suit, and one-third of the expenses of the Privateer.

To one as profound in all matters of law and equity as your Excellency, this must appear a strange proceeding; a proceeding, calling, with much emphasis, for the interposition of your Excellency's authority, to remedy evils bearing a character calculated to diminish the high respect heretofore entertained by the World, for the equitable decisions of Spanish Courts.

A pretended violation of Blockade, it appears, is the pretext for sending into the Ports of this Island, Vessels navigating the Sea under the American Flag. The whole, therefore, may be resolved into two descriptions of Cases: the first, comprising Vessels seized and again released as "bad Prizes," paying the whole of the costs of trial, and a portion of the expenses of the Privateer.

The principles of equity applicable to such Cases are too simple to require exposition. The innocent are not to pay the penalty of another's guilt or imprudence. If an American is interrupted in her voyage, captured and vexatiously detained, until a judicial investigation determines her to be a "bad Prize," it seems to me self-evident, that all costs of the Suit should be paid by the Captors, in whom the wrong is; add to this, that proper damages should be levied on the Aggressor, that the sufferer may be fairly indemnified, and the "Privateersman" be restrained in future by a fear of being, in

a similar cases, called upon to make good the injury resulting from his wantonness: without such a check, what is there to limit the mischief dine by Men of this order, who, stealing from their dens and lurking places, pollute the Ocean with the blood of defenceless Sators, and gorge their cupidity with the spoils of plunder and ravage?

The good of every Nation, and the honour of some, require that so feel a system should be made to cease, that every navigable Sea may be rendered safe to the honest efforts of enterprize.

The second description of Cases to which I wish to call the immeEate attention of your Excellency, are those Vessels sent in under a pretext of attempting to enter a Blockaded Port. The pacifick policy uniformly pursued by the Government of The United States, the just and Eberal principles by which it has been governed through all its varicos struggles, to treat all Nations as Friends, and, especially, to be on the most friendly footing with Spain, entitle the Citizens of Americs to the privilege of navigating the Seas without molestation, on pretexts so flimsy as those of violating a "Blockade" which has never existed de facto.

It is well understood, that a Blockade, to carry with it the penalty of forfeiture, must be conformable to the established opinions of those distinguished Civilians, who have fully and ably expounded this subject.

In the first place, it must be practicable; it must be defined within limits commensurate with the ability; a stationary Force must intervene; the Vessels entering must be warned off; these, and other qualifications, are essential to constitute a Blockade, as now understood by the President of The United States and other great Statesmen. If, then, such is the form and nature of a Blockade; if the constant presence of a stationary Squadron, adequate to the purpose of intercepting all Vessels, is indispensable; how is it, that a whole Coast, without any definite limit, should be under the ban of interdiction, without any visible Force; consequently, without the first requisite of a Blockade?

While such pretexts for spoliation exist, and the commerce of The United States is thus devastated, the relations of love and friend-hip now existing between the two Nations must be shaken, and a state of things produced such as I am persuaded your Excellency will feel desirous to avert.

I trust I shall be excused these remarks, made to one by whom the principles of "Blockade" are fully understood, and whose experience is such as to render the application of them in all cases just and proper.

It will readily occur to the wisdom and justice of your Excellency, at injuries sustained by American Citizens from illegal seizure and