lighthouse on Cape Henry, did not exceed five miles at the utmost. The deponent inquired what distance from the land they were authorized to take prizes; he was answered, not less than nine miles; on which he replied, that the ship at the time of capture was not half that distance from the lighthouse on Cape Henry. his BENEDICT WHEATLEY. mark. Sworn before me the subscriber, one of the justices of the peace for the county and state aforesaid, this 18th day of May, 1793. M. JONES. State of Maryland, St. Mary's County, to wit: THESE are to certify that Mordecai Jones, Esq. before whom the within deposition was made, and who in witness. thereto appears to have subscribed his name, was at the taking and subscribing the same, and now is one of the justices of the peace of the state, and for the county aforesaid, thereunto duly authorized, commissioned and sworn, and that to all certificates of probates before him made, and by him signed, due faith and credit is and ought to be given, as well in justice court as thereout. In testimony whereof I have hereunto set my hand and affixed the public seal of office for St. Mary's county court, this 20th day of May, annoque domini, 1793. TIMOTHY BOWES, Clerk of St. Mary's County Court. By this publick instrument of protest be it made known and manifest unto all who shall see these presents, or hear the same read, that on the 18th day of May, in the year of our Lord, 1793, before me, Assheton Humphreys, notary and tabellion publick, in and for the commonwealth of Pennsylvania, by lawful authority duly admitted and sworn, dwelling in the city of Philadelphia, in the said commonwealth, personally appeared James Legget, late master of the ship William, now in this port of Philadelphia, John Whiteside, late chief mate of the said ship, James Ramsay, second mate, and James Manson, boatswain, belonging to the said ship, and being severally sworn on the Holy Evangelists of Almighty God, did respectively depose, testify, declare, and say in manner following, that is to say, that on or about the 16th day of February last, they sailed in and with the said ship from Bremen, upon the river Weser, with the wind at northeast, bound on a voyage to Maryland, in North America, and on the 22d day of the same month, came to an anchor at Stromness, in the Orcades, with a contrary wind; that on the 27th day of March last, they sailed from Stromness aforesaid, with the wind at south-east; and on the 21st day of April last, the wind blowing very hard, split the foresail, which obilged them to lay the ship to, with the reefed mainsail, the wind being at west and by south; that on the 29th day of April aforesaid, being then in the latitude 36 degrees 36 minutes north, a heavy gale of wind blowing from the southeast, split the main-top-sail; and on the 3d day of May instant, at two o'clock, P. M. they got a pilot on board, and at four o'clock, P. M. of the same day, the said ship being then about two miles off the lighthouse at Cape Henry, in five fathom water, and as near the shore as the pilot on board judged it proper to go, the privateer schooner Genet, commanded by Peter Joanna, from Charleston, fired one gun at the said ship William, and desired them to haul down their colours and heave the ship's head to the eastward, the said lighthouse then bearing west-north-west; that the commander of the said privateer then took out of the said ship, the said master, chief mate, second mate, boatswain, four of the seamen belonging to the said ship, and one passenger, all of whom were put on board the said privateer, and a prize master and seven people were put on board the said ship, and the said ship sent up to this port of Philadelphia, where she now lies; and these appearers, with the said privateer, arrived at this port of Philadelphia, the 14th day of May instant, at about four o'clock in the morning; since which they have been let one by one, alternately on shore, until this day, when all of them being on shore, they took the opportunity, it being the first they have had, of protesting against the capture of the said ship William. Wherefore the said James Legget, John Whiteside, James Ramsay, and James Manson, for themselves, their owners, freighters, merchants, mariners, and all others interested or concerned in the said ship, or her cargo, have protested, and by these presents do solemnly protest against the capture of the said ship William, by the said privateer schooner Genet, and against all losses, costs, charges, damages, breaches of bills of lading, contracts, covenants, and agree ments whatsoever, already suffered, sustained, or occasioned, or which shall or may hereafter be suffered, sustained or occasioned, by reason or means of the premises, and against all incidents and consequence thereof; and persisting in the said protest, they the said master and other appearers have set their hands hereunto, the day and year first within written. Thus done and protested at Philadelphia aforesaid, the day and year aforesaid. JAMES LEGGET, JOHN WHITEside, JAMES MANSON. [L. S.] Quod attestor manu et sigillo rogatus. ASSHETON HUMPHREYS, Notarius Publicus, 1793. I the within named notary do hereby certify and attest unto all whom it doth or may concern, that the foregoing writing doth contain a just and true copy of an original protest taken and made before me the said notary, and remaining of record in my notarial office, in the city of Philadelphia, and that I have carefully compared the said copy with its original, so remaining of record in my said office, and find it exactly to agree therewith. In testimony whereof, I have hereunto set my hand and affixed my seal of office of notary, at Philadelphia aforesaid, this 23d day of May, in the year of our Lord, 1793. ASSHETON HUMPHREYS, Notarius Publicus, 1793. Mr. Jefferson, Secretary of State, to the Minister Plenipotentiary of France. Philadelphia, June 29, 1793. SIR,-A complaint is lodged with the Executive of the United States, that the Sans Culottes, an armed privateer of France, did, on the 8th of May last, capture the British brigantine Fanny, within the limits of the protection of the United States, and sent the said brig as a prize into this port, where she is now lying. I have the honour to enclose you the testimony whereon the complaint is founded. Should this satisfy you that it is just, you will be so good as to give orders to the consul of France at this port, to take the vessel into his custody, and deliver her to the owners. Should it be overweighed in your judgment, by any contradictory evidence which you have, or may acquire, I will ask the favour of a communication of that evidence, and that the consul retain the vessel in his custody, until the Executive of the United States shall consider and decide finally on the subject. I have the honour to be, &c. Virginia, to wit: THOMAS JEFFERSON. To all persons whom it may concern, I, John Nivison, notary publick for the district of Norfolk, by lawful authority duly admitted and qualified, do hereby certify and make known, that captain Michael Pile, late master of the brig Fanny, David Mac Intosh, mate, and John Mac Cattie, one of the sailors, personally appeared before me, and being duly sworn on the Holy Evangelists of Almighty God, deposed and said, that they sailed from Lucia in the island of Jamaica, on the fourteenth day of April last, having on board a cargo of rum and sugar, and bound on a voyage to Baltimore, she being in good order for the voyage; that on the seventh day of May, at ten P. M. being off the mouth of the Chesapeake bay, Cape Henry bearing, by computation, N. w. by w. distant about seven leagues, they were hailed by a schooner, and were informed that there was a pilot on board for the Chesapeakethey answered that they should not stay for a pilot till the morning-that the wind being at N. E. they steered N. N. w. sailing at the rate of four miles per hour, until half past four A. M. on the eighth,when being in eight fathom of water, Cape Henry bearing N. w. by w. or N. W distant as above, by computation, four or five miles, they were captured by the boat aforesaid, which to their great surprise, proved to be a French privateer, called the Sans Culottes, I. B. A. Ferry, commander, mounting four guns and two swivels, manned with forty-five men-that they were deprived of the vessel and cargo aforesaid, and were detained on board the privateer until the eleventh of the same month, when they were set on shore in Lynn Haven Bay, in the state aforesaid, and that on the same day they arrived at Norfolk. MICHAEL PILE, master; Wherefore, I the said notary publick, at the request of the said deponents, did and do now hereby solemnly protest against the privateer and her crew, for all the losses, costs, charges, damages and expenses. suffered or to be suffered by any person or persons whomsoever interested or concerned in the said brig or her cargo, or any part thereof, on her voyage aforesaid, by reason of the capture by the privateer aforesaid. In testimony whereof, I have hereto set my hand, and caused to be affixed the seal of my office, this 18th day of May, 1793. [L. S.] JOHN NIVISON, Not. Pub. British Consul's office, State of Virginia. THESE are to certify, that John Nivison, Esq. before whom the foregoing protest was made, is notary publick for the district of Norfolk, in the state aforesaid, and that full faith and credit is justly due to such his attestation. Given under my hand and seal of office at Norfolk, this 14th of May, 1793. [L. S.] JOHN HAMILTON, Consul. · City of Philadelphia, ss. MICHAEL PILE, master of the brigantine Fanny, of London, being duly sworn on the Holy Evangelists of Almighty God, deposeth and sayeth: That he sailed from Lucia, in the island of Jamaica, on the fourteenth day of April last, bound to Baltimore, in Maryland, having a cargo of rum and sugar on board, the said brigantine being then in good condition; that on the 7th of May, at ten o'clock, P. M. he, this deponent, being then in the said brigantine, off the mouth of the Chesapeake bay, Cape Henry then bearing, by computation, N. w. by w. distant about seven leagues, he was hailed by a schooner and informed there was a pilot for the Chesapeake on board, to which this deponent answered that he should not stay for a pilot till the morning; that this deponent hailed the schooner, and asked how Cape Henry bore, and what distance? and was answered from the schooner, that Cape Henry bore N. w. and by w. twenty miles distant. That the wind being at N. E. this deponent steered N. N. w. going at the rate of about four miles an hour, until half past four o'clock, or thereabouts, A. M. on the eighth of May, when being in eight fathom water, Cape Henry, at that time, bearing N. w. by w. or N. w. distant about four or five miles, the said brigantine Fanny was captured by the said schooner, which, to the great surprise of this deponent, proved to be a privateer, having on board a commission said to have |