With regard to the Complaint made against me by the Spanish Ambassador, for having caused certain Pacquets to be opened onboard (as it said) of a Spanish Ship named the Virgin-Del-Carmen in her Passage from the Havannah to Cadiz. I beg leave to state the identical Fact, as follows.
Being in Latitude 43 and Longitude 38 from the Lizard, I brought to a small Schooner of the above-name; On sending an Officer to examine her, the Master, Supercargo and six Hands were found to be Subjects of Great Britain, the Mate and Cook being the only Spaniards onboard. This, together with the appearance of her being Plantation Built, and confessed to be so, by the Irish Captain, at first created suspicions that she was American Property. And these were greatly confirmed on the Masters positively refusing to shew any of his Papers, alledging in excuse that he was under a Bond of Two thousand Dollars not to open the Seals until his arrival at Cadiz. In consequence of which very uncommon procedure, I thought it my indispensable duty to give the Order which has produced the Complaint in question. But, as no one onboard His Majesty's Ship under my Command, understood the Language in which the Papers were wrote, The_ Master was at full Liberty to translate them as best suited the purpose of concealing the real fact; And in consequence the Vessel was permitted to proceed on her Voyage. As to any other Acts of improper behaviour, hinted at in Lord Weymouth's Letter, as they are not pointed I shall not trouble your Lordship with a further vindication. From what I have since learnt, the Circumstance of her diminutive size, the nature of her Cargo, and her having a quantity of Species onboard (so contrary to the well known regulation of the Spanish West-India Trade) there was no manner of doubt, but that b[oth] the Vessel and her Contents was the property of some American Rebel, employed to Smuggle from the Havannah, wherewith to Purchase at Cadiz Arms and Ammunition: Which makes me even at this hour sincerely regret, I did not carry her with me to Quebec, where the Matter could have been sifted to the Bottom.
A Copy
Howe