TO MR. GALLATIN.
Washington, December 29, 1807.
It is impossible to detest more than I do the fraudulent and injurious practice of covering foreign vessels and cargoes under the American flag; and I sincerely wish a systematic and severe course of punishment could be established. It is only as a punishment of this fraud, that we could deny to the Portuguese vessel the liberty of departing. But I do not know that a solitary and accidental instance of punishment would have any effect. The vessel is bonâ fide Portuguese, the crew Portuguese, loaded with provisions for Portugal, an unoffending and friendly country, to whom we wish no ill. I have not sufficiently considered the embargo act, to say how far the executive is at liberty to decide on these cases. But if we are free to do it, I should be much disposed to take back her American papers, and let her go, especially on giving bond and security to land the cargo in Portugal, dangers of the sea and superior force excepted. Perhaps it would be proper to require the captain to give up also his certificate of citizenship, which is also merely fraudulent, has been the ground of fraudulent conversion, and may be used on the voyage as a fraudulent cover to the cargo. Affectionate salutations.