James Madison Papers

To James Madison from Carlos Martínez de Yrujo (Abstract), 19 June 1805

§ From Carlos Martínez de Yrujo

19 June 1805, Philadelphia. Encloses a manifesto that the captain general of Cuba issued in Havana on 10 May 1805 for the reasons stated in it. Hopes the United States will find in the decision of the captain general a new proof of the consideration of the Spanish government toward neutrals and of the justice and honesty that always drive its acts.

RC and enclosure (DNA: RG 59, NFL, Spain, vol. 2). RC 1 p.; in Spanish; in a clerk’s hand, signed by Yrujo. For enclosure, see n. 1.

1The enclosure (1 p.; printed in Spanish; docketed by Wagner: “Proclamation of the Governor of Cuba”) is Someruelos’s 10 May 1805 proclamation stating that since French privateers had avoided rigorous enforcement of a royal decree by bringing their captured vessels into smaller ports where there were no government officials, and selling them there, he had decided that any privateers discovered doing this would forfeit all goods found in the ship, with one third of the value going to the official who discovered them, one third to the informer, and the remaining third to the royal treasury. If the capture was judged a bad prize, it would be returned to the owner, and the buyers and sellers would be subject to penalty. If a sale had been made to any Spanish civilian residents of Cuba, further penalties would apply. In order that no one should be unaware of this, he ordered the proclamation posted on all public landings and copies also to be distributed to concerned parties.

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