TO THE COUNT DE VERGENNES.
Paris, November 14,1785.
Sir,
I take the liberty of troubling your Excellency on behalf of six citizens of the United States, who have been for some time confined in the prison of St. Pol de Léon, and of referring for particulars to the enclosed state of their case. Some of the material facts therein mentioned, are founded on the bill of sale for the vessel, her clearance from Baltimore, and her log-book. The originals of the two last, and a copy of the first, are in my hands. I have, also, letters from a merchant in Liverpool to Asquith, which render it really probable that his vessel was bound to Liverpool. The other circumstances depend on their affirmation, but I must say that in these facts they have been uniform and steady. I have thus long avoided troubling your Excellency with this case, in hopes it would receive its decision in the ordinary course of law, and I relied, that that would indemnify the sufferers, if they had been used unjustly: but though they have been in close confinement now near three months, it has yet no appearance of approaching to decision. In the mean time, the cold of the winter is coming on, and to men in their situation, may produce events which would render all indemnification too late. I must, therefore, pray the assistance of your Excellency, for the liberation of their persons, if the established order of things may possibly admit of it. As to their property and their personal sufferings hitherto, I have full confidence that the laws have provided some tribunal where justice will be done them. I enclose the opinion of an advocate, forwarded to me by a gentleman whom I had desired to obtain, from some judicious person of that faculty, a state of their case. This may perhaps give a better idea than I can, of the situation of their cause. His inquiries have led him to believe they are innocent men, but that they must lose their vessel under the edict, which forbids those under thirty tons to approach the coast. Admitting their innocence, as he does, I should suppose them not the objects on whom such an edict was meant to operate. The essential papers, which he says they re-demanded from him, and did not return, were sent to me, at my desire. I am, with sentiments of the highest respect, your Excellency’s most obedient
and most humble servant,
Th: Jefferson.
The case of Lister Asquith, owner of the schooner William and Catharine, William M’Neil, captain, William Thomson, William Neily, Robert Anderson, mariners, and William Fowler, passenger.
Lister Asquith, citizen of the State of Maryland, having a lawsuit depending in England which required his presence, as involving in its issue nearly his whole fortune, determined to go thither in a small schooner of his own, that he might, at the same time, take with him an adventure of tobacco and flour to Liverpool, where he had commercial connections. This schooner he purchased as of fifty-nine and a quarter tons, as appears by his bill of sale, but she had been registered by her owner at twenty-one tons, in order to evade the double duties in England, to which American vessels are now subject. He cleared out from Baltimore for Liverpool, the 11th of June, 1785, with eight hogsheads of tobacco and sixty barrels of flour, but ran aground at Smith’s point, sprung a leak, and was obliged to return to Baltimore to refit. Having stopped his leak, he took his cargo on board again, and his health being infirm, he engaged Captain William M’Neil* to go with him, and on the 20th of June sailed for Norfolk in Virginia, and, on the 22nd, came to in Hampton road, at the mouth of the river on which Norfolk is. Learning here, that tobacco would be better than flour for the English market, he landed fifty barrels of his flour and one hogshead of tobacco, which he found to be bad, meaning to take, instead thereof, nine hogsheads of tobacco more. But the same night it began to blow very hard, with much rain. The 23d, the storm became more heavy; they let go both their anchors, but were driven, notwithstanding, from their anchorage, forced to put to sea and to go before the wind. The occurrences of their voyage will be best detailed by short extracts from the log-book.
* This was the officer, who, on the evacuation of Fort
Mifflin, after the British had passed the chevaux-de-frise
on the Delaware, was left with fifteen men to destroy the
works, which he did, and brought off his men successfully.
He had, before that, been commander of the Rattlesnake sloop
of war, and had much annoyed the British trade; Being bred a
seaman, he has returned to that vocation.
June 24. The weather becomes worse. One of the fore shrouds and the foremast, carried away.