The Enquirer

COPY.

To Messrs. J. Lasher, David Luffin, Samuel Foster, Elias Davis, Wm. Sowle, and John Brown, masters of American vessels now lying at Algeciras, to the care of P. Portal, Vice-Consul of the U. States at that place.

Madrid, 9th February, 1808.

GENTLEMEN,

Your letter of the 29th ult. was duly received by the courier of yesterday. I had been previously informed of the capture of four of your vessels under the Spanish decree of Jan. 8, and had made a suitable representation to the government. My note upon this subject remains unanswered, hence I am unable to give you any certain assurances as to the issue of your trials by the inferior tribunal of Algeciras—and as no appeal from such tribunals on questions arising under this last decree, has yet been decided by the high courts of Admiralty, for the same reason I cannot feel any great confidence in the result of the appeals which you may make to it in case of condemnation at Algeciras. Nevertheless, since obviously the trade of the United States cannot properly be subjected to the provisions of such decrees, and indeed by the existing treaty, is particularly exempted from them, and since also it is not the intention of the French government (in imitation of whose policy this measure of his Catholic Majesty has been taken) to execute its decree of the same tenor, against the property of American citizens. Hence it is reasonably to be expected, that the Spanish government will also relax from the strict letter of the instrument, and adopt the application of it, which may be observed by its ally. Therefore, in case any of your vessels or cargoes should be condemned at Algeciras, I must recommend an appeal to the Admiralty here. If such a course should become necessary, you would do well to send your powers of attorney, and employ as your agent here, Moses Young, the consul of the United States, and to communicate with him fully upon all the circumstances of your respective cases.

Gentlemen,

Your obedient Servant,

(Signed)

GEORGE ERVING.