(Copy)
Sir

I received your Letter of date the 27 April under date of the 1st May, and without entering particularly into all the several Articles, I was willing to wait your arrival to talk upon the Subject agreeable to your wishes as mentioned in Your Letters.

I agree with you that as Commanding one of His Britannic Majesty's Ships, it behooves you to make yourself acquainted with every occurrence which concerns the Subjects of your Sovereign, and altho I do not consider myself obliged to answer you, yet out of respect to you, and as a proof of the perfect harmony which the Subj_ects of His Catholic Majesty now observe towards those of [His] Britannic Majesty, I shall an[swer] you Article by Article.

It is certain I have ordered sev[eral] Vessels to be confiscated and h[ave] entered a prosecution against [their] Captains &c. for having carried on a Contraband Trade and converted their Vessels into Warehouses on the banks of t[he] River, some having a Stage a[nd] others whole Cargoes on Shore, without infringing by this S[illegible] any Article of the Treaty of Peace you mention.

The Literal meaning as well as the Spirit of the said Treaty is that the Navigation is free, agreeable to which neither my[self] or any of my Predecessors have [on] any occasion whatever molested the English Vessels either going or coming from their Settlements on the contrary we have rendered them all the Service we could consistantly with the Rights of our King, even much beyond the hospitality observed by other Nations-But in this said Treaty there is not a word of permitting a Commerce ー prejudicial to Ours There can be no doubt that the prohibition was taken for granted when, by former resolutions and Laws of our Kings, every Power knows that we did not admit Strangers into our America, and that all such as were found carrying on a Contraband Trade were liable to confiscation.

You are of opinion that the British Vessels ought to be exempt from Seizure and confiscation, not only on Suspicion but even on the most Evident Proofs; I think differently, and my Opinion appears to me agreeable to the Law, as it is certain that the Vessels of either Prince, which comply's with the Laws ought not to be molested or Stopped in the free Navigation of the River Mississippi, it is likewise just that such as deveate from the Treaty and abuse the priviliges granted in it, to the prejudice of either of the Sovereigns or their Subjects are liable to confiscation or the Laws they break, nor can I conceive how one who has violated the Rights of others, can in justice demand the conservation of his own. From what I have now said you will easi!y conceive that I ought not to give up the Vessels which you have requested nor their Crews; as the former are justly confiscated, and the Latter seized as Criminals under the jurisdiction of Spain.

If amongst the said Vessels, any one shall be cleared of the charges brought against them, or if any of the Masters can plead their Innocence, you may depend of their being immediately discharged, but such as be found guilty and convicted shall be condemned agreeable to our Laws, after which it will remain in the Breast of the King only to Pardon them from the Punishment incurred.

I have given Orders that the Captains and Officers of the Vessels seized shall be kept in the Guard House, in the same Room with the Officer of the Guard (notwithstanding there is a publick Prison) and they are treated with the same respect as our own Gentlemen. And if during the time, that their examinations are taking, they are deprived of any intercourse with their Friends, it is a particular circumstance in our Laws, which extends to every person accused. ー I cannot tell you what number of the Vessels confiscated belong to the Americans since the Colours and passports of the whole are English; Besides I have paid no other attention to them than as Violators of our Laws.

It is certain I have received every British Subject in this City with good treatment, and they have always met with the greatest hospitality and assistance in every thing they stood in need of, arid you may [be] assured Sir, that I shall con tin[u ]e as I have hitherto done, in favouring and assisting them in whatever they require, I am Sir [&c.]