Mr: Jay has the Honor of representing to his Excellency the Count D’ Florida Blanca, that Thomas Shuker a Native of the State of New Hampshire, and Captain of an american armed vessel, was captured by the Enemy in September last, and finally carried to England.

That in January last he shipped himself on Board the Dover Cutter of London, then lying in Yarmouth Road. That on the 13th. of April last, being at Madeira, he together with several other Americans on Board, made themselves Masters of the Cutter, and carried her into St. Crouz in the Island of Teneriff.

That the Governor of that Island hath taken the said Cutter from the Captors, who have not as yet been able to obtain that Justice on the Subject, which the Laws of Nations in such Cases prescribe.

Mr. Jay transmits herewith enclosed a Copy of the Petition sent by Captain Shuker to Congress, relative to this Transaction; in which his Excellency will find a plain and particular narrative of the Facts: And he flatters himself, that such orders will be given on the Subject, as that Justice may be done the Captors; and that the Citizens of the united States may not be deterred by such singular Embarrassments, from bringing their Prizes into the Ports of His Catholic Majesty—1

[Enclosure]

The Humble Petition of Thomas Shuker Native of New Hampshire.

Your Petitioner has been in the Continental Service, & in Private Ships of War belonging to the United States, from the first commencement of hostilities. In the year seventeen hundred and seventy eight I commanded the armed Sloop Snatch-Catcher mounting ten guns belonging to Boston, afterwards the Revenge mounting sixteen guns & was taken by the Venus frigate in September 1778 & carried into Rhode Island from whence I escaped, & went on board the Cumberland (a twenty Gun ship Commanded by Captn. Manly) in the capacity of a Lieutenant; We sailed from Boston on the 1st. of January 1779. On the 17th. took a snow bound for Barbadoes which I went on board as Master, on the 23d. was taken under Fort Seline in Martinico by the Venus Frigate (being the second time by her) I had both legs in irons until the 15th of Septr. following when we arrived in England; my health being very much impaired by confinement, I was taken out of Irons, at the same time was informed, it was expected for me to be a true Subject of the King of England. Immediately I was sent on board the Alcide of seventy four Guns, after being on board about six weeks I made my escape from her, & after secreting myself sometime I found it impossible to get either to France or Holland, the little I had to subsist upon being expended, I was obliged to ship myself on board the Cutter Dover (belonging to London) on the 5th of January then lying in Yarmouth Roads off the Isle of White, after being on board some time, finding several more Americans, I consulted with them about rising & taking the vessel from the English. My party being so much Inferior in number I was obliged to put it off from time to time; After Cruising some time about the Canary Islands, we went into Madeira to refit. Having got provisions and water for a three Months cruise The Captain, Second Lieutenant & Surgeon being on shore, likewise fourteen Men upon pleasure, thinking I could not have a better opportunity, I acquainted my party with my intentions to seize the vessel that same night. At one oClock on Thursday morning the 13th Instant ^myself^ with three more went into the Cabin & Steerage, secured the first Lieutenant Master & Surgeons mate, we then made ourselves masters of the Arms & armed our Party, then secured twenty seven English men, immediately after we cut her cable & got under way, there was a brig mounting twenty guns belonging to London, within musket Shot, She was to have been our consort; finding it necessary to make the nearest port on account of our Prisoners being superior in number & we scarcely able to make sail; we arrived here the Saturday following. I immediately acquainted the Governor how I had taken the Vessel, that I was an American and under the protection of Congress. The Governor wanted the Cutter as a cruiser to protect the trade of the seven Islands I told him I had much rather go home with the Vessel— The Governor then told me as the King of Spain could not at this time assist them with a Cruiser to protect these Islands, He was under the necessity of detaining the Cutter, at the same time informing me he would write to the Court of Madrid to know how to act, as this is the first instance of such a capture coming into this Port. The Governor manned her a week ago with Officers & men and sent her on a cruise. My Officers & Part of my people are on shore, we are allowed out of the Treasury as follows, viz. Myself, three shillings & four pence Sterlg. pr. day, Lieutenant, Master and Mate one shilling and eight pence. Men ten pence. The Governor without my being allowed to be present, sent Men on board to take an Inventory. What they valued her at, I cannot say. The cost of her in England, as I have been informed was fourteen thousand Pounds Sterling. She is a fast sailing Cutter Sheathed with Copper, her sides are nine Inches thick, well stuffed with junk & ash, burden two hundred & twenty tons one year old, mounts 16 nine & four eighteen pounders & four swivels, Pistols and Cutlasses for seventy men; Nearly all her Powder and ball is on board, we not having had any engagement, I intended sending my Lieutenant & two or three of my men in the same scooner I shall send this, but the Governor refused to let them embark. I am at a loss, what His reason is for his proceedings, without it be that some of the Prisoners have sworn that I am an Englishman, and that we had only four or five Americans among us. Therefore I understand not an officer will be permitted to embark until the Governor receives his orders from Madrid, I hope your honours will take this into Consideration and act as you think proper. The Scooner is under Way. I remain with the greatest respect Your honors Most Obedient & Most Devoted Servant