It has been represented to me, that Philip Clark, a native of the State of New Jersey and a Citizen of the United States, having been put on shore in the year 1804 on account of a disease in his leg, from a whaling vessel in which he had been engaged, was apprehended and kept as a prisoner for the space of 8 months near St. Blas in Calefornia; whence he was removed to Vera Cruz, where he was still a prisoner in the Month of March last. He has been informed that the cause of his detention (which has lasted for a period of two years) is his having been employed in fishing in seas claimed to belong exclusively to Spain, and that he would be removed to Havana.

How far Spain may possess a right to prevent others from participating in the use of particular portions of the sea, and its application to the case of this individual, it is not my intention to discuss; unprovided as I am with the particulars: I therefore confine myself to remark that as the duration and severity of the imprisonment must appear in the eyes of humanity more than a sufficient punishment for the supposed offence, it is to be expected that in case the unfortunate man should have been transferred to your Excellency’s Government, you will readily release him, or use your good offices with the proper authority at Vera Cruz to the same effect, if he remains there. I have the honor to be, With great respect & Consideration your Excellency’s most obt Set.