St Eustatius december 19th 1776
(Copy)
Sir, I have had the Honor of receiving from the hand of Captain Colpoys of his Britannic Majesty's Ship the Seaford, your Excellencys letter of the 17th instant with the inclosed Memorial, both relative to the Capture of a Brigg the property of Messrs Benda! & Foster McConnell of Dominica, by an armed Vessel, said to be fitted out in this Port and owned by a Mr Vanbibber now an Inhabitant and burgher of the Island: & Mr McConnell one of her Owners brought me a letter from his Excellency Governor Shirley with the same Complaint.
In consequence of your Excellency's application, as the Charge is brought agt a Burgher of the Island, I immediately assembled the Council, in order (if possible) to investigate the truth; and although the fact has not as yet been proved, should it, upon the strictest enquiry, turn out as represented, your Excellency may be assured, that I will not only cause full restitution to be made to the injured Subjects of his Britannic Majesty, but likewise proceed with the utmost rigor of the Law, against the Person or Persons found to be concerned in such Piratical enterprizes, and thereby give your Excellency a convincing proof that the Government of this Island, while it disallows any hostilities, or infringements of the Laws of Nations by any Vessels whatsoever, under the reach of its Guns, is also determined not to suffer with impunity, much less to encourage such unwarrantable proceedings, as it hath lately been (I may venture to say) slanderously charged with. And here I cannot avoid expressing my Concern, that any reports should prevail tending to disturb that Harmony and good understanding, which ought to subsist between the Commanding officers of the respective Governments—reports industriously propagated to interrupt that friendship and Cordiality, which have long subsisted and I trust will long continue to Subsist between His Brittannick Majesty, & the High and Mighty Lords of the States General, my Masters.
I have already partly satisfied Captain Colpoys on this subject both by letter and verbally and must further observe to your Excellency, that although the Instructions of the Commanders in Chief doubtless require their utmost watchfulness & attention in order to prevent any Clandestine transactions, yet irregularities will, in spite of their utmost vigilance, be committed by individuals: of which I believe there are many instances on both sides — the only thing that an Active Commander can do, is upon regular complaints to redress the respective Grievances of the Subjects of the Nations in Amity by every legal method within the limits of his power and instructions — And as this hath been & ever shall continue to be the rule of my Conduct during the unhappy disturbances between Great Britain & her North American Colonies, I flatter myself that your Excellency will not only see great cause to suspect many current assertions, but likewise perceive the Degree of that Malice, which hath represented the Government of this Island as the avowed and declared abettor of a scene of Piracy and depredation: a charge which I should be very sorry that, to their High Mightinesses, to whom, under God, I shall ever think myself accountable for my Conduct, I was not able to prove both illfounded and injurious.
Respecting the positive answer your Excellency desires to have whether any Vessels taken from his Britannic Majesty's Loyal and faithful Subjects, will be Suffered to be brought into this Port and disposed of, I must observe that had your Excellency been pleased to be at the pains of inquiring, you would have readily concluded, that as ever when Great Britain was engaged in a foreign War, no Prizes whatsoever were ever allowed to be brought into this Port, Prudence and my own experience of that matter, will prevent my rushing head long into a measure which I could not answer to my Masters; as the allowing even of Prizes taken in a foreign War being brought into this Port, neither lies with me alone, or with me and the Council jointly; and as little does it depend upon me to determine, whether the Antient Alliances between Great Britain and the Dutch Nation are to be broken off, and new engagements inimical to the King your Master entered into; not the least notification thereof having been transmitted to me. —
Before I conclude I beg leave to mention to your Excellency that as I shall be always ready to prevent or upon due complaint to remove any cause of National Offence as far as my power, the limits of my Orders and the Freedom of such trade, as I am Confident the Lords States General, my Masters, will not suffer to be interrupted, can admit, and in that view will co-operate heartily in promoting a good Harmony and understanding between the respective Governments. and Subjects of the British and Belgic Nations; so do I trust that your Excellency, on your side, will give instructions to the Commanders of the Vessels under your direction to abstain from committing any Hostilities or Infringements of the Laws of Nations, under the reach of the Guns of this Island; which have been heretofore the causes of repeated Complaints, as I shall think it my duty to transmit on my side, as I have already done, exact accounts of every even the least material occurrence, that may from time to time happen and in any wise concern My Lords & Masters to be informed of. I have the Honor to be Sir [&c.]
This Port always hath made & still makes distinction between Merchant or Private Vessells and the Ships of War belonging to Sovereign States: the latter receive constantly, when they honor its Fortress with a Salute Gun for Gun, as a distinctive mark of Independancy —