[New Orleans,18 March 1778]1
Sir
I have had the honor of receiving your Excellencys Letter of the 16th with respect to my making restitution of certain Prizes made by me upon the River Missisipi, to which I must take the Liberty to answer. That the Prize No. 1. is a Negro belonging to a British Subject and came on Board a Vessel now the Property of the American States, but as the Master of that Negro was previously under your Excellency's Protection I agree to restore him upon a full reliance that you will procure a like restitution in Case any of the Persons or Property of or belonging to the said American States now or hereafter under your Excellency's protection, shall be inveighled or received on Board any British Vessel now in this River.—That the prize No. 2 is a Brigantine2 seized upon the River Mississippi on her Voyage to Jamaica and belonging to Subjects of Great Britain Enemy's to the American States; she was seized consonant to the Authority and particular Instructions of my Masters the Honble. Congress; and by way ofjust reprizal for the Seizure of a Number of American Vessels made in this River near two Years ago by a Cap Davy commanding a British Sloop of War named the Dilligence3 who even seized one Brigantine at this Levy and whether this last Capture was made by the Consent of the then Governor of this Province or the Court of Spain, I think it not my Business to require; But apprehend I have an undoubted Right to seize and take the Persons as Prisoners and Property as legal Prize of or belonging to Subjects of Great Britain which I shall find in the River Mississippi or elswhere not under your Excellency's Immediate Protection, and the Prize in question cannot I apprehend come under that denomination when she was seven Leagues distant from this City on her Voyage to a British Port and carrying British Property.—That the Prize No. 3 was seized at the Town of Manchac in his Brittannic Majesty's Dominions by Lieut. McIntyre an Officer under my Command, but left in Possession of the late Owner upon Express Condition that he should not remove his Person or any of his Effects from that Place till farther Orders which this Mr Shakespear4 faithfully promised, but in direct Violation of his Engagements, he fraudulently and surreptitiously stole away in the Nighttime with the Prize so legally made as will appear by the Affadavits herewith I therefore thought myself well Authorized to retake my Property upon the River, more especially as he was in his flight to Pensacola on Board some British Ship of War, for had he intended to demand an Azylum in this Government and protection for his Property he certainly would have landed these Effects so fraudulently taken away at Spanish Manchac as well as he has done his other Property—The prizes No 4 are delivered up to Messers Possett and Marshall5 as they were taken on Shore in his Catholick Majesty's Dominions—The Prize No. 5. I apprehend to be perfectly legal and justly made being the Property of Persons trading to and from Post St Vincents in the British Dominion and supplying the Enemys of the said American States with Munitions of War and other Merchandize.—They had neither Passports or Protection from any Spanish Officer but must have certainly appeared at Post St Vincents in the light of British Traders, and even supposing these Traders to be Subjects of a neutral Power, the Property in question is still equally liable to Confiscation to the said States, for it is notoriously known that during the present Contest between great Britain and the American States, the British Ships never fail to seize, and their Admiralty Courts to condemn as legal Prizes all such Vessels as are found going to or coming from any Port belonging to the American States at War with Great Britain; It is equally the invariable practice of all Nations with respect to the Vessels of Neutral States found to be supplying the Enemys of either of the Belligerent Powers with Warlike Stores, Arms, Provisions &c and that the Persons in Question have thus acted will evidently appear to your Excellency by Affadavit herewith and farther Testimony may be had if thought necessary by your Excellency—I have the honor to be [&c.]
Copy, DNA, PCC, item 50, pp. 145-47 (M247, roll 64). Notation below close: "Exd."
1. The date is approximate. The letter was written between 16 Mar., the date Gálvez last wrote Willing, and 24 Mar., the date Willing next wrote Gálvez.
2. Brigantine Neptune, John Knowles, master.
3. During a cruise to the Mississippi R. and vicinity in the summer of 1776, H.M. sloop Diligence, Comdr. Thomas Davey, captured eight vessels. NDAR 5: 1223 and 6: 1168.
4. Stephen Shakespear, settler at Manchac.
5. Francis Poussette and William Marshall, planters at Baton Rouge.