Sir

I am exceedingly sorry to find myself under a necessity of troubling Your Excellency with a Reply to the Letter of the 19^th. Instant with which You have honoured me.¹ My duty impells me to it I therefore hope You will be pleased to reconsider the Cases of the several Claimants of the Prizes N^o. 2, 3 & 5.

N^o. 2 is a Vessel1 belonging to British Subjects,² on her Voyage to the West Indies laden with Articles absolutely necessary for the Enemies of the States I have the Honor to serve. She was seized, and made Prize without the least Alarm or Insult given to any of his Catholick Majesty's Subjects She was on float in the River Mississippi the Navigation whereof is equaly free to British as Spanish Subjects and the American Independant States claim by the Laws of Nations a right to pursue take and seize the Persons and property of all British Subjects wherever they can possess themselves of either (not in the particular protection or ports of any Nation Neutral in the present War[)]. The Vessell in question was not in Spanish port or protection. The Court of Vice Admiralty of Pensacola adjudged in the Case of American Vessells taken in the River Mississippi That the Capture so made came under the Denomination as that of Prizes made on the high Seas. By the same Rule I claim as a Lawfull Prize the Vessell and Cargo in question. If notwithstanding Your Excellency is not of oppinion that this Prize is Legaly made, I hope You will suffer the Vessell and Cargo to be sold, and the Proceeds to be sequestred in Your Treasury untill a future determination by the Court of Spain and Congress.

The Boats or prize N^o. 3. tho' lastly taken below English Manchack was in fact in the actual possession of Lieutenant M^c.Intyre³ an Officer under my Command at Manchack in the British Territories Stolen off in the Night by M^r. Shakespear⁴ contrary to his Faith pledged, and I cannot help thinking that I have a right even to demand the Boat and Goods that were on board her as a property belonging to and stolen from me, supposing even the late Owner had actualy applyed for and received the protection of a Neutral power. But this last was by no means the case The Boat was on float tho' fastened to a Log of Wood near the Shore on the River Mississippi the Possessor having neither demanded nor obtained your protection at that time. These matters considered (of which further proof may be made) I hope the Boat & Cargo will be adjudged lawfull prize

With respect to the Boats or prize N^o. 5 I have in a former letter to Your Excellency given a true State of their Capture. I chased them upon the River Mississippi about five Leagues above Spanish Aux Arcs, One of the Boats was Boarded and Taken upon the River, The Other chased & Boarded The Instant She touched the land on the Spanish Side of the Mississippi. Both were brought to the English Side But upon Application made I permitted them to deliver at the Spanish Aux Arcs a quantity of Flour for the use of his Catholic Majesty's Troops, As I observed before they traded to a British post, supplyed the Enemies of the States of America, had on board the Goods received in return thereof, and had neither Passport, Permission nor protection as I presume to hope from any Officer of the Court of Spain for such Illicit Trade, I therefore must take the Liberty to esteem the Seizure of both these Boats as consonant to the Universal Custom of all Civilized Nations, and that they will be adjudged as Lawfull Prize accordingly

I have the Honor to be with Respect, Sir [&c.]

New Orleans 24^th. March 1778