Sir

In your letter of the 15^th. instant¹ you demand an immediate restitution of all the Vessels taken in the Mississippi by the American Englishmen, in consequence of the privilege of this River, which I explained in my Correspondence with Captain Lloyd;² but according to Justice or reason, I can give up only those, which, after a long examination, shall be deemed to be in that case; and this examination I was making long before you came to make your demand, and several Subjects of His Britannic Majesty have already recovered their liberty, and the Property, which was taken from them, in consequence of the Spanish Protection, but there are others, to whom the said protection cannot be of any use, tho' they have been taken in this River. You will be surprised that notwithstanding the declaration, which I made to Capt^n. Lloyd, that the whole River enjoyed the protection of Spain, I now permit, that Captures be made in it, but the present circumstances require a more extensive explanation, than those at that time.

The Man of war the Atalanta left this Town, on purpose to meet the Ship of War, the Columbus,which was said to be within the Balise (and to the Capt^n. of which, I wrote the same words and the same prohibition.)³ It is well known, that my intention was to prevent any engagement between this Town & y^e. Belise; which was the only part, in which they could meet, and in which both sides of the river belong to my Sovereign, so that, tho' my Letter mentions the whole river, it was only taking part of the whole, as it frequently happens in conversation. If I had this reason only on my side, this grammatical defence would be of little value, but to give you the most solid one, give me leave to propose the following questions to you. Does England resign all her rights of the river Mississippi to Spain.

You will answer, certainly not. Can two Sovereigns be in possession of one thing at the same time, and both exert their Sovereignty over the same. Certainly not.

How then is it possible to maintain that from Manchac and upwards the whole breadth of the River belongs to both the Sovereigns, who own it's banks. The Navigation is free to both, but that, and the property are two different things and each Sovereign has his respectively; If the Maritime Powers, by a Mutual agreement, have reserved to themselves as a property, belonging to their Dominions, a portion of the sea, which is within reach of their Cannon, this portion is taken from an Extensive and free Ocean, which knows no Master, and of course, in the River Mississippi from the Belise to Manchac, it is not so, because both sides of the River belong to the same Sovereign. But from Manchac upwards, the immediate Possession of the River, ought to be ascertained from the Middle of the River, from whence to each side, the River belongs to respective owners of the Banks. I have no occasion to give you this explanation, when the last Treaty of Peace⁴ in the sixth Article says.

"To remove for ever all Subjects of dispute with regard to the Limits of the Territories of both Nations. It is agreed, that for the future the Confines of His Britannic Majestys and those of His most Christian Majesty (which now are those of His most Catholic Majesty) shall be fixed irrevocably by a line drawn along the Middle of the River Mississippi from it's source to the River Iberville, and from thence by a line drawn along the Middle of this River, and the Lakes Maurepas and Ponchartrain to the Sea."

I think this is very clear, and that now you will know, that my expression to Capt^n. Lloyd, of the whole River, could not have any other meaning, but that, which I have explained in the beginning of this Letter, and only meant that part, in which the two Ships could meet one another; because, on the contrary, Spain would be able to prohibit all British Settlements in this River; and suppose, that the expressions of the Treaty of Peace were not so clear, that my reasons were not so weighty, as I know them to be, and that this river actually enjoyed the Immunity from the neighbourhood of the Spanish Territories; with what right can you demand the Spanish protection for the Vessels taken upon the English side, when even on ours, and where we have an incontestable right, this same Immunity, which you represent, has been violated so frequently by the Men of War of His Britannic Majesty.

I have now an Envoy at Pensacola to remind the Governor of the said place, of the outrages committed by the English detatachments, up the River upon the Spanish Hunters and Canoes, which came down from the Illinois, firing upon them, and taking the Miserable fruit of their labour. Two years ago an English Man of War took American prizes in this River, and in the Middle of our possessions, with little respect for the same;⁵ and lately a Kings Sloop had the impudence to attack, fire upon & violently stop a Packet of his most Catholic Majesty, which was in this River, and hoisted the Royal Flag, which might have indicated, to whom she belonged;⁶ after such facts, upon what right can you fix your demand. Notwithstanding those reasons, and forgetting for some time the just resentment for the wrongs done to my Nation, (and from which I will not desist, until1 I have obtained a complete satisfaction) It is an impartial justice, which has guided me in taking notice of the Captures made in part of the River, belonging to my Sovereign, on purpose to return them to their first owners; and those, which do not come under that denomination, must follow the fate of war, you remain at liberty to retake them out of the dominions under my command; and in consequence of this Principle, I will fix, thereto, that you have nothing to demand from me, or I to return to you: this being fixed, concludes the object of your pretensions, you may on this head, salute the Town, if you choose (to which I will answer, as I ought to do) and come on shore, ivhere I will have the honor of recieving you. I hope, you will now be sensible, that I have no other reason for admitting the American Colours in this Port, than those, which the rest of the Sea-ports both in Europe and America have, tho' you tell me, that the case is by no means parallel, I think it is and a sound judgement does not depend upon ourselves.

In the course of the day, you shall recieve an answer to the other part of your Letter, which being of a different nature, require a separate answer—&c &c &c—

New Orleans
18^th. March 1778