LITMIR.BIZ

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the beginning of August the Industry is said to have arrived at Baltimore with the French fleet from St. Domingo; the particular state of her armament on her arrival is lately questioned, but it is not questioned that she was an armed vessel of some degree. The Executive having received an intimation that two vessels were equipping themselves at Baltimore for a cruise, a letter was on the 6th of August addressed by the Secretary of War to the Governor of Maryland, desiring an inquiry into the fact. In his absence the Executive Council of Maryland charged one of their own body, the honorable Mr. Killy, with the inquiring. He proceeded to Baltimore, and after two days' examination found no vessel answering the description of that which was the object of his inquiring. He then engaged the British vice-consul in the search, who was not able, any more than himself, to discover any such vessels. Captain Killy, however, observing a schooner, which appeared to have been making some equipments for a cruise, to have added to her guns, and made some alteration in her waist, thought these circumstances merited examination, though the rules of August had not yet appeared. Finding that his inquiries excited suspicion, and fearing the vessel might be withdrawn, he had her seized, and proceeded in investigation. He found that she was the schooner Industry, Captain Carver, from St. Domingo: that she had been an armed vessel for three years before her coming here, and as late as April last had mounted 16 guns; that she now mounted only 12, and he could not learn that she had procured any of these, or done anything else, essential to her as a privateer, at Baltimore. He therefore discharged her, and on the 23d of August the Executive Council made the report to the Secretary of War, of which I enclose you a copy. About a fortnight after this (Sep. 6) you added to a letter on other business a short paragraph, saying that you had lately received information that a vessel named the Industry had, within the last five or six weeks, been armed, manned and equipped in the port of Baltimore. The proceedings before mentioned having been in another department, were not then known to me. I therefore could only communicate this paragraph to the proper department. The separation of the Executive within a few weeks after, prevented any explanations on this subject, and without them it was not in my power to either controvert or admit the information you had received under these circumstances. I think you must be sensible, Sir, that your conclusion from my silence, that I regard the fact as proved, was a very necessary one.

      New inquiries at that time could not have prevented the departure of the privateer, or the capture of the Rochampton; for the privateer had then been out some time. The Rochampton was already taken, and was arriving at Baltimore, which she did about the day of the date of your letter. After her arrival, new witnesses had come forward to prove that the Industry had made some military equipments at Baltimore before her cruise. The affidavits taken by the British vice-consul, are dated about nine or ten days after the date of your letter and arrival of the Rochampton, and we have only to lament that those witnesses had not given their information to the vice-consul when Mr. Killy engaged his aid in the enquiries he was making, and when it would have had the effect of our detaining the privateer till she should have reduced herself to the condition in which she was when she arrived in our ports, if she had really added anything to her then force. But supposing the testimony just and full, (though taken ex parte, and not under the legal sanction of our oath,) yet the Governor's refusal to restore the prize was perfectly proper, for, as has been before observed, restitution has never been made by the Executive, nor can be made on a mere clandestine alteration or augmentation of military equipments, which was all that the new testimony tended to prove.

      Notwithstanding, however, that the President thought the information obtained on the former occasion had cleared this privateer from any well-grounded cause of arrest, yet that which you have now offered opens the possibility that the former was defective. He has therefore desired new inquiry to be made before a magistrate legally authorized to administer an oath, and indifferent to both parties; and should the result be that the vessel did really make any military equipments in our ports, instructions will be given to reduce her to her original condition, whenever she shall again come into our ports.

      On the whole, Sir, I hope you will perceive that on the first intimation through their own channel, and without waiting for information on your part, that a vessel was making military equipments at Baltimore, the Executive took the best measures for inquiring into the fact, in order to prevent or suppress such equipments; that an officer of high respectability was charged with the inquiry, and that he made it with great diligence himself, and engaged similar inquiries on the part of your vice-consul; that neither of them could find that the privateer had made such equipments, or, of course, that there was any ground for reducing or detaining her; that at the date of your letter of Sep. 6, (the first information received from you,) the privateer was departed, had taken her prize, and that prize was arriving in port; that the new evidence taken ten days after that arrival can produce no other effect than the institution of a new inquiry, and a reduction of the force of the privateer, should she appear to have made any military alterations or augmentation, on her return into our ports, and that in no part of this proceeding is there the smallest ground for imputing either negligence or connivance to any of the officers who have acted in it.

      I have the honor to be, with much respect, Sir, your most obedient and most humble servant.

      TO MR. CIRACCHI, AT MUNICH

Philadelphia, November 14, 1793.

      Dear Sir,—I have received the favor of your letter of May 29, at Munich, and it was not till then that I knew to what place or through what channel to direct a letter to you. The assurances you receive that the monument of the President would be ordered at the new election, were founded in the expectation that he meant then to retire. The turbid affairs of Europe, however, and the intercessions they produced, prevailed on him to act again, though with infinite reluctance. You are sensible that the moment of his retirement, kindling the enthusiasm for his character, the affections for his person, the recollection of his services, would be that in which such a tribute would naturally be resolved on. This, of course, is now put off to the end of the next bissextile; but whenever it arrives, your title to the execution is engraved in the minds of those who saw your works here. Your purpose, with respect to my bust, is certainly flattering to me. My family has entered so earnestly into it, that I must gratify them with the hope, and myself with the permission, to make a just indemnification to the author. I shall be happy at all times to hear from you, and to learn that your successes in life are as great as they ought to be. Accept assurances of my sincere respect and esteem.

      TO MR. MADISON

Germantown, November 17, 1793.

      Dear Sir,—I have got good lodgings for Monroe and yourself, that is to say, a good room with a fireplace and two beds, in a pleasant and convenient position, with a quiet family. They will breakfast you, but you must mess in a tavern; there is a good one across the street. This is the way in which all must do, and all I think will not be able to get even half beds. The President will remain here, I believe, till the meeting of Congress, merely to form a point of union for them before they can have acquired information and courage. For at present there does not exist a single subject in the disorder, no new infection having taken place since the great rains of the 1st of the month, and those before infected being dead or recovered. There is no doubt you will sit in Philadelphia, and therefore I have not given Monroe's letter to Sehal. I do not write to him, because I know not whether he is at present moving by sea or by land, and if by the latter, I presume you can communicate to him. Wayne has had a convoy of twenty-two wagons of provisions, and seventy men cut off fifteen miles in his rear by the Indians. Six of the men were found on the spot scalped, the rest supposed taken. He had nearly reached Fort Hamilton. R. has given notice that he means to resign. Genet, by more and more denials of powers to the President and ascribing them to Congress, is evidently endeavoring to sow tares between them, and at any event to curry favor with the latter, to whom he means to turn his appeal, finding it was not likely to be well received by the people. Accept both of you my sincere affection.

      TO MR. SODERSTROM, CONSUL OF SWEDEN

Germantown, November 20, 1793.

      Sir,—I received last night your favor of the 16th. No particular rules have been established by the President for the conduct of Consuls with respect to prizes. In one particular case where a prize is brought into our ports by any of the belligerent parties, and is

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