It gives me much concern to be informed that the Conduct of Captain Hill of the Cicero, an American private ship of war, towards one of his Catholic Majesty’s Cutters, has been so represented to your Excellency, as to have given me occasion to an order for detaining him at Bilboa—

This unfortunate affair is represented to me as follows vizt

That Captain Hill in the Cicero, with a prize he had taken, was going from Corunna to Bilboa— That in the night of the 26th of Oct last he discovered an armed vessel approaching the Prize— Captain Hill, suspecting it to be a Jersey Privateer hailed her and ordered her to send her Boat on board. They answered in English, that their Boat was out of repair. This circumstance increased his suspicions of her being an enemy & induced him to insist on their sending a Boat on board which not being complied with, he was persuaded that it was an Enemy, & accordingly gave them a Broad side. After this they sent a Boat to the Cicero, & convinced Captain Hill that the vessel was a Spanish Cutter—

If this is really a true State of the facts, & I have good reason to believe it is, I am persuaded that your Excellency will not think Captain Hills Conduct was unjustifiable, or contrary to the common usage in such cases. Having a valuable prize under his care, it was his duty to protect it, and as it was impossible for him at night to discover an Enemy from a friend, in any other manner, than the one he used, the Captain of the Cutter certainly appears to have been remiss in not sending out his Boat at first, as well as at last.

Both the Cicero, & her Prize now lay at Bilboa, laden with valuable cargoes, & expected to sail from thence for North America on the 16th Instant. The Privateer alone has one hundred & forty men on board, & should they not be permitted to sail at the time appointed, ^a^ very considerable expense must inevitably be incurred, because they would be obliged to wait for the next Spring tides—

As no American vessels can have the least temptation to violate the rights of Spain, but as on the contrary, it is the well known Interest, as well as disposition of the United States to cultivate the friendship of his Catholic Majesty, I am convinced that there was not in this case the least intention of disrespect to the Spanish flag. Permit me therefore to hope that your Excellency will be pleased either to permit the departure of these vessels by a general order, or on Captain Hill’s giving security for the payment of such damages, as he may become chargeable with, on the issue of a judicial Enquiry into this transaction—

I assure your Excellency that no Citizen of America will be countenanced by the United States in any improper conduct towards his Catholic Majesty, or any of his subjects; and if I had the least reason to think that Captain Hill was in this Predicament it would give me much more pleasure to hear of his being punished than released1 I have the honor to be with great Consideration & Respect, Your Excellencys most obdt. & most hble Servant