Alexandria Advertiser And Commercial Intelligencer

FROM THE (PHILAD.) TRUE AMERICAN.

Mr. Bradford,

Having this day received the following

Memorial, drawn up by the owners,

supercargoes and captains of a number

of American vessels, detained by the Spaniards in South America, I send it to you,

with a request, that you will publish the

same, and thereby oblige all concerned,

as well as. Yours &c.

A. Z.

We beg leave through you, to lay before

the President of the United States, an

account of the injuries we have suffered

from the government of this country, and

of the measures we have taken in order to

obtain their redress. In doing this, we

shall confine ourselves to a general description

of those cases only which we conceive to be fairly

of national cognizance,

not being embarrassed with illicit trade

or the least violation of the laws of this

Province.

The most numerous class of sufferers

consist of those who either in the United

States, or some foreign ports, let our vessels

to freight, to the subjects of his Catholic

Majesty, to come here and load on

their account, with the produce of this

country. The Spanish subjects thus freighting

these vessels possessed either generally,

as importers of negroes or specially by

Royal Letters Patent, the privilege of

shipping the produce of this country in foreign

bottoms. It was with the knowledge

of this privilege, and with the full

expectation that the Spanish government

possessed too much faith, wantonly to revoke

it, or to impede its free enjoyment,

that we let our vessels to freight in the

manner above mentioned. Sad experience

has however taught us, that this expectation

was ill founded, for, after our having

been detained here for months beyond

what was reasonable or necessary, those

who freighted the vessels have not been

allowed to load them, according to their

stipulations with us, and by the aforementioned

privilege they had a right to do. Encouraged

by this example of injustice, on

the part of the government these individuals

have in their turn, ventured to sport with

the solemnity of contracts, and wherever

the rate of demurrage, reserved by Charter

Party, bears any just proportion to the

injury occasioned by delay, there they

dishonorably refuse to pay. Thus between

the tyranny of the government, and the

treachery of the individuals, we are compelled

to remain here and behold our vessels

rotting, without the least prospect of

indemnity.

Another class of sufferers, but nearly

resembling those already mentioned, consists

of such as having sold their vessels to

Spanish agents in the United States, undertook

the delivery of them, and agreed

to receive the purchase money in these

ports. This right, which Spanish subjects

here possess, is derived like their

right of freighting them, either from the

general privilege ceded to the introducers

of negroes into this colony, or from the

special license of the King.

The agents who purchased our vessels

took good care to induce our confidence

by exhibiting to us their evidence of this

right, and we, like our defrauded countrymen

abovementioned, came here, with

the most perfect reliance on the honor of

the government and the honesty of its

contracting subjects, but like them, we

have been disappointed. Some of our

vessels of this description, have now been

above even months in these ports, the

government unrighteously refusing or delaying

the sanction of the transfer, and

the individuals basely availing themselves

of this iniquity of their rulers, for a pretext

to refuse payment. Hence we find

ourselves among inhospitable strangers,

with vessels which their bad faith has

turned on our hands; without funds sufficient

even to preserve these vessels in repair.

All the vessels comprised in both the

aforegoing clauses came here bona fide in

ballast, and we do not know that the government

here has any suspicion to the contrary.

There is however, a third class of sufferers,

who have reason perhaps still more

acutely to feel their wrongs, these are

such as found themselves in the ports of

the Brazils immediately after the commencement

of hostilities between Portugal

and Spain, it was then that the persons

and property of Spanish subjects in these

ports were menaced with arrest and imprisonment,

with seizure and confiscation,

and it was at this perilous crisis that our

countrymen were induced to relinquish

their more lucrative pursuits, and to rescue

these persons and their property from

the mischiefs with which they were threatened.

This was certainly an action which

gave our countrymen a right to expect on

their arrival here, if not a cordial and

friendly welcome at least protection and

justice. Instead of this, however, they

have been affronted with illiberal surmises,

perplexed by vexatious, prosecutions

and oppressed and ruined by detention.

More than a year has now elapsed since

some of them have been waiting here for

the fulfilment of their contracts while government

has slept between the parties,

and prevented what it was its duty to have

enforced.

There is a fourth class of sufferers who,

although few in number, find their embarrassments

here equally ruinous. These

are such as in the prosecution of long voyages

in the Indian or Pacific Oceans, were

forced by necessity, into this river for supplies,

and while there waiting in hopes of

hospitality, were encountered and taken

possession of by cruisers in the service of

this government. These vessels with

their cargoes, which are valuable, have

been taken from their rightful owners,

without any specific cause being alleged

therefor, by those concerned in the depredation.

No charge is exhibited against

which we can direct a defence. but the

whole process is conducted in a dark and

mysterious manner, and we are left to

conjecture the end in view, by the general

bearings merely of the interrogatories of

which they extort from us the answers.

These four classes comprise most of

the cases arising from injuries done to

our property; injuries, which we, with

due deference apprehend are not only in

violation of good faith; but in many respects

of the laws of nations, and of the existing

treaty between the United States

and Spain.

You will find a particular statement of

the vessels alluded to in these classes, in

the enclosed paper, No. I. The documents

and peculiar circumstances of each

case will be furnished by those therein immediately

interested.

In addition to these injuries done the

property, there are others still more humiliating,

which have been inflicted on the

persons of American citizens. We have

seen our fellow citizens thrust into loathsome

prisons, where disease and chagrin

have impaired their constitutions; where

every species of villains, which swarm in

the corruption of a rotten state have been

their bed and board companions, and were

the torn and mangled members of executed

felons, have been scattered among

them, to increase their disgust and horror.

Yet, no crime has been alleged against

those unhappy sufferers-no cause assigned

for their commitment, and no motives can

be conjectured for such barbarous treatment,

of men habituated to law and liberty

from their infancy. than the mere

love of oppression, or the hope to torture

them into the confession of some imaginary

guilt, or to betray or falsely criminate

those who have entrusted and employed

them.

We are indeed all treated as the members

of a weak and contemptible nation,

which has neither the means nor the spirit

to protect us. Our government is the

scoff of those in authority here,

and our flag has been ignominiously hoisted

with the Union downward on board a

King's frigate, while those of others (even

of petty nations) have been displayed with

honor.

To obtain redress for these injuries, we

have given our frequent personal attendance

on this government. We have endeavored

to move it by individual application

and to rouse it by general remonstrance;

but to no effect. The enclosed paper, No. 2,

is a copy of a remonstrance, which we presented

now more than two months since,

and which, with all our applications have been

passed over with the most mortifying silence-

Since then we have thought it prudent to address

the American minister at Madrid;

a copy whereof, No, 3, you will receive

herein.

Such are the injuries we have suffered,

and are still suffering here, and such are

the measures we have heretofore pursued,

in order to obtain their redress, But worn

down by the persevering injustice of this

government. Deeply wounded by what

we conceive a wanton and arbitrary violation

of our right, we feel at length compelled

to fly for protection to the government of

our own country. It is there we

expect to find the prompt and powerful

guardians of these rights, and it is there we

look with filial confidence for their vindication.

In this address to you, we have endeavored

to employ the manly language of

the injured citizens of a great and independent

nation. If it may now and then

have appeared too bold, we trust you will

impute it to those uncontroulable feelings

excited by our wrongs. We have aimed

at nothing more than the discharge of a

duty, which we conceive we owed to ourselves,

to our employers, and our country.

Believing as we do, that the interest and

dignity of the Republic is deeply concerned

in ensuring a just and honorable treatment

to its citizens in foreign countries.

You will please to accept our best wishes

for your personal health. and happiness,

and believe us to be with the most profound

respect, &c. &c.

In the city of the most Holy Trinity,

Port of St. Mary of Buenos Ayres, 10th

June, 1802, being in deliberation in their

usual Royal Chamber of Justice Senore,

Don Benito de la Mala Linares, Knight of

the Royal and distinguished Spanish Order

of Charles 3d. Don Sebastian de Velasco,

Don Francisco Thomas de Anzolegui,

Don Francisco Garasa, and Don Joachim

Bernardo de Campuzano, Regent and Ciudadotes

of this Pretorial Audience: Having

under consideration the proceedings had in

council, passed to them by his Excellency

the Vice Roy, relative to foreign vessel

freighted to export produce and hides for

the amount of slaves imported, agreeable

to the Royal Order of 1791, and all other

matter of said proceedings, gave their respective

opinions; which his Excellency

having considered, agrees with, by decreeing

that those interested in the affreightment

of foreign vessels. and whose entry

the Fiscal opposes in his official capacity

as not having special Royal permissions.

have no right to be admitted under their

charter parties, nor to export in them, as

the proceeds of slaves, hides or produce to

the injury of the preferable charter parties

of the Spanish vessels now here or have arrived

in consequence of the peace

With regard to the existing doubt whether

they ought or not, to be permitted to

load; that solely with a view to the good

faith alleged by foreigners, together with

the interpretations of some Royal Orders

less decisive, and some instances of permission

granted by his immediate predecessor,

permission will be granted, by way of

equity to those vessels which have been

three or more months in port, pending

these proceedings, the freight of the Spanish

vessels being agreed upon and complete, at

the expiration of two months which I

assign them, may export the surplus of

hides and produce, on account of the importers

of negroes, proof being previously

given of being the proceeds thereof.

That in this determination or favor only

shall be included, such Foreign vessels

which shall be proved to have come in

Ballast, without including those, which

under the pretext of exporting produce

have brought cargoes of more or less value,

affording cause of the proceedings

which have been commenced against them

and which the Fiscal ought to hasten to a

conclusion. Nor those vessels exceeding

the number of Tons prescribed by the

Royal Order of the 24 Nov. 1791.*

That the proceeding benign determination

to load this surplus is not to extend

to those foreign vessels which may hereafter

arrive without special royal permissions,

for, from the circumstance of not

producing them, on the instant of their

arrival, they shall be excluded, with only

such succour as may be absolutely necessary.

An order shall be forwarded to

this effect to the Governor Subdelegate of

Monte Video &

commanding officer of

Ensenada.

And lastly, That with respect to what is

determined in this deliberation, there

shall not be any application or memorial

till the determination of his Majesty, (to

whom an account will be transmitted with

the necessary proofs, for his Royal approbation

or determination) as to what may

be his Sovereign Pleasure. That a copy

of this be served on the Consulado for

their government.

* The Order here alluded to is one for regulating

the Slave Trade, and which prohibits the

importation of goods or produce of any description

to prevent the concealment of goods. &c. limits

on, in the same vessel with Slaves, and the better

the vessels to be employed to 500 tons-but says

nothing as to the exportation of the produce.