From Carlos Martínez de Yrujo
Philada. 16 June 1801.
I have just received your letter of the 12th. current, in which you are pleased to acquaint me that, at the request of Mr. Thornton, Chargé des Affaires of His Britannic Majesty, the President has given orders for the prompt departure of the English prize taken by the armed Spanish vessel now in this port: and in reply, it is my duty to inform you, that the Captain intends to make the said prize depart very shortly for a Spanish port.
In regard to the Capturing vessel, concerning which you ask information from me in your said letter, it is my duty to inform you, that she is a private vessel fitted out for war (cruising)1 and commerce, which entered this port after suffering various damages, where the Captain intends to repair her, or to take the measures which may be most conformable with the interest of his principals: and for what regards the asylum and protection she ought to enjoy in the ports of the U. States, I refer you to the 8th. article of the Treaty concluded between the King my master and the U.S. of A. by which you will see that she has a right not only to enjoy all favor, protection and succour, but to repair and to regulate her departure how and when the Captain chuses with out any obstacle or impediment.2 The said article is so explicit and decisive, that not the least doubt can be raised concerning the right, which she has, in virtue of the aforesaid stipulation, to the Asylum she uses in this port. I offer myself again to your disposal and pray our Lord &c.