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JAY TO ROBERT R. LIVINGSTON. 229
boat to the Cicero, and convinced Captain Hill that
the vessel was a Spanish cutter.
If this is really a true state of the fact, and I have
good reason to believe it is, I am persuaded that your
Excellency will not think Captain Hill's conduct was
unjustifiable or contrary to the common usage in such
cases. Having a valuable prize under his care, it
was his duty to protect it, and as it was impossible
for him at night to discover an enemy from a friend in
another manner than the one he used, the captain of
the cutter certainly appears to have been remiss in
not sending out his boat at first as well as at last.
Both the Cicero and her prize now lie at Bilboa
laden with valuable cargoes and expected to sail from
thence for North America on the 16th instant. The
privateer alone has one hundred and forty men on
board, and should they not be permitted to sail at the
time appointed, a very considerable expense must inevitably be incurred, because they would be obliged to
wait for the next spring tides.
As no American vessel can have the least temptation to violate the rights of Spain, but as on the
contrary it is the well-known interest as well as disposition of the United States to cultivate the friendship
of his Catholic Majesty, I am convinced that there was
not in this case the least intention of disrespect to
the Spanish flag. Permit me therefore to hope that
your Excellency will be pleased either to permit
the departure of these vessels by a general order,
or on Captain Hill's giving security for the payment
of such damages as he may become chargeable with
OH the issue of a judicial inquiry into this transaction,
| Title | The correspondence and public papers of John Jay - 2 |
| Creator | Jay, John |
| Publisher | G.P. Putnam's Sons |
| Place of Publication | New York, London |
| Date | [1890-93] |
| Type | Books/Pamphlets |
| Title | 00000250 |
| Type | Books/Pamphlets |
| Transcript | JAY TO ROBERT R. LIVINGSTON. 229 boat to the Cicero, and convinced Captain Hill that the vessel was a Spanish cutter. If this is really a true state of the fact, and I have good reason to believe it is, I am persuaded that your Excellency will not think Captain Hill's conduct was unjustifiable or contrary to the common usage in such cases. Having a valuable prize under his care, it was his duty to protect it, and as it was impossible for him at night to discover an enemy from a friend in another manner than the one he used, the captain of the cutter certainly appears to have been remiss in not sending out his boat at first as well as at last. Both the Cicero and her prize now lie at Bilboa laden with valuable cargoes and expected to sail from thence for North America on the 16th instant. The privateer alone has one hundred and forty men on board, and should they not be permitted to sail at the time appointed, a very considerable expense must inevitably be incurred, because they would be obliged to wait for the next spring tides. As no American vessel can have the least temptation to violate the rights of Spain, but as on the contrary it is the well-known interest as well as disposition of the United States to cultivate the friendship of his Catholic Majesty, I am convinced that there was not in this case the least intention of disrespect to the Spanish flag. Permit me therefore to hope that your Excellency will be pleased either to permit the departure of these vessels by a general order, or on Captain Hill's giving security for the payment of such damages as he may become chargeable with OH the issue of a judicial inquiry into this transaction, |
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