1. On 28 Sept. 1806, Anthony Merry reported to Charles James Fox that the capture and burning of the Impetueux had occurred on 14 Sept.; that the French officers and crew members who did not escape from the ship were “sent in the Melampus Frigate to Hampton Roads to be delivered up by Consul Hamilton to the French Consul ⟨as⟩ Prisoners of War”; that Martin Oster, the French consul, had refused to accept them as such, contending that the capture was illegal because it had taken place within U.S. territory; and that John Hamilton had proposed that Oster accept the prisoners provisionally, pending the result of an investigation into the matter (UkLPR: Foreign Office, ser. 5, 49:185r–186v). Merry added on 29 Sept. 1806 (ibid., 196r–196v) that Oster had rejected this offer and had no incentive to reconsider his decision, because the officers and crew of the Impetueux had already been put ashore without restriction. Enclosed with Merry’s 28 Sept. 1806 letter were copies of two 14 Sept. 1806 letters from Capt. William Hargood (ibid., 188r–189r), who had captured the Impetueux, to Hamilton, reporting that immediately before grounding, the Impetueux was sailing “under Jury Masts.” The ship was lawful prize, Hargood added, because he had “chased her in from Sea,” and because of “the unwarrantable Manner of her running aground on a wild Coast to Leeward of the Capes without the Smallest Prospect of saving one Half her Crew, or of receiving Protection” from any ships but Hargood’s.