To James Madison from Francis and Charles Bradbury, 19 December 1806
From Francis and Charles Bradbury
Boston, december 19. 1806.
Sir,
We take the liberty of enclosing you our memorial for your consideration, and remain very respectfully, sir, your mo. obt. Serts,
Fra & Chas. Bradbury
[Enclosure]
Boston, decemb⟨er⟩ 19. 1806.
The Memorial of Francis & Chs Bradbury of Boston, State of Massachusetts, part owners & Agents for the ship Phœnix, Josiah Roberts master, beg leave to state, that the said Ship sailed from this port in the month of July A:D: 1801, with a valuable cargo belonging to citizens of the United States; that in December of the same year the said Ship was captured by a Spanish governmt. schooner, carried into Montevideo and was libelled on suspicion of being British property, but the maritime court decreed, after examination, that the Ship and cargo were American & therefore neutral property: The Spanish Government however still detained her & Captain Roberts could not obtain possession of the property notwithstang repeated memorials to the Vice Roy. Captain Roberts had never violated any laws of trade, ⟨&⟩ had no communication with the inhabitants of the country, as we stated in a former memorial to your Excellency in July 1803.1
As the Ship & cargo were exposed to damage & plunder, Captain Roberts petitioned to have the cargo sold to prevent a total loss of the property, which was granted; and by order of the Spanish Governmt. sale was made at public auction at Buenos Ayres, on the 19th. & 20 of Novemr. 1805, for the sum of One hundred and twenty four thousand dollars & the amount deposited in the Royal Treasury: The Ship was also sold at Montevideo & the Amount, Five thousand & five hundred dollars, deposited in the Royal Treasury at that place. This property so unjustly captured & detained since the year 1801, was sold without any condemnation or decree against it,2 & the proceeds deposited for the owners: Such was the situation in the month of April last, as appears from letters from Capt. Roberts, who was then at Montevideo endeavouring to obtain redress thro’ the ordinary channels of justice.
We understand that, at the capture of Buenos Ayres by his Britannic Majesty’s troops, the Royal Chest fell into their possession & the treasure had been transported to London.3 We have every reason to believe that the proceeds of the sale of the cargo alluded to, constituted a part of this treasure & is now in London. By articles published by the British Commander at the time of the surrender of the city, private property was to be held sacred;4 and as we consider our property included under this article, we believe that if a representation were made to the British Government it might be restored to us.
We therefore have thought proper to submit to your Excellency’s judgement the propriety of directing the American Minister at the Court of St. James, to make such representations as you may judge proper and expedient.
For the great loss resulting from this capture and also for the demurage of the Ship for four years & the expences arising in consequence thereof; as well as for the amount of the Ship & Cargo (should they not be refunded by the British Government), we anticipate compensation from the wisdom & justice of our government, resting persuaded that the administration will not lose sight of the interest of its citizens when an arrangement shall be made with the Court of Madrid: as your Memorialists in duty bound will ever pray.
Fra. & Chas. Bradbury
RC and enclosure (DNA: RG 76, Preliminary Inventory 177, entry 316, Spain, Treaty of 1819 [Art. XI] [Spoliation], Disallowed Claims, 1821–24, vol. 43); Tr of enclosure (ibid.); Tr of enclosure (DNA: RG 76, Preliminary Inventory 177, entry 180, Great Britain, Treaty of 1794 [Art. VII], British Spoliations, ca. 1794–1824, Unsorted Papers, box 5, folder P & Q). RC and enclosure docketed by Pleasonton. First Tr of enclosure in an unidentified hand; marked “Copy.” Second Tr of enclosure in Pleasonton’s hand; marked “(Copy)”; docketed by James Monroe, with his note: “28 Feby 1807. Mr Madison respecting Bradbury’s property at Buenos Ayres.” On 22 December 1806 Francis Bradbury sent Monroe another signed copy of the enclosure (DNA: RG 76, Preliminary Inventory 177, entry 316, Spain, Treaty of 1819 [Art. XI] [Spoliation], Disallowed Claims, 1821–24, vol. 43).
1. On 22 July 1803 Francis and Charles Bradbury wrote to JM from Boston: “Inclosed are papers relating to the capture of the Ship Phoenix, by the Spanish Government Schooner Consolado & sent in to Monte Video, with our Memorial, which we forward for your consideration, and pray you to have the goodness to acknowledge the receipt of the same” (DNA: RG 76, Preliminary Inventory 177, entry 316, Spain, Treaty of 1819 [Art. XI] [Spoliation], Disallowed Claims, 1821–24, vol. 43). The enclosed memorial, dated July 1803 at Boston and signed by the Bradburys (ibid.), reads: “The Memorial of Francis & Charles Bradbury of Boston, State of Massachusetts, sheweth, that they are citizens of the United States of America, and part owners of the Ship Phoenix, and acting as agents for the concerned. That the said Ship Phoenix, Josiah Roberts, Master, sailed from Boston in the month of July 1801, and after a tedious passage, arrived at the mouth of the River de la Plata, and sent his boat, with the 2nd Mate of the Ship & 4 Sailors, on shore, with a letter to Don Thomas Romaro Garcia & Co., Merchants at Buenos Ayres; copy of which is as follows:
“’The Ship Phoenix of Boston, under my command, bound on a voyage to the northward of California, has been forced by stress of weather, which has rendered her very leaky in her upper works, and by extreme want of supplies, to put into the River de la Plata. Eighty days have now elapsed since we left Boston, and it is absolutely impossible for the Ship to proceed to sea, until refilled and supplied. Having heard your House strongly recommended by Mr J. R. Parker, I take the liberty of requesting you to give me the necessary information, in order to obtain supplies; and would esteem it as a great favour, if one of your House would be so obliging as to come down to the Ship, as I am entirely unacquainted with the customs of your Country. I remain, Gentlemen, your humble servant, Josiah Roberts.’
“The Bearer of this letter, was seized and imprisoned; and Capt. Roberts a few days after, sent Mr Leonard Jarvis up the River, by the Ship Minerva, to endeavour to learn news of the Boat, and if possible, to obtain permission to come in for Refreshments, and to repair his Ship: if not, to obtain his Boat, Mate and Sailors, to enable him to proceed to some other port: but Mr Jarvis was also seized and imprisoned, and the Consolado Schooner sent down the River in search after the Ship, which was waiting the return of the Boat & Crew, as it was now become utterly impossible for the Ship to proceed to Sea, deprived of Two of their officers, Four of their Sailors and their Boat: The Ship in great want of repairs, and the Crew remaining on board in want of Refreshments & Water. In this distressed situation, the Schooner fell in with the Phoenix, and Captain Roberts expected to receive relief and Assistance; but on the contrary, his Ship was captured, himself cruelly treated and confined prisoner, and his Ship sent into the port of Montevideo. According to the Laws of Nations, Hospitality is granted to all Ships in every Port of the World: according to the Treaty of 1795 with the Spanish King, it is expressly stipulated; and according to custom, it has always been granted to all Americans that have gone into those Seas.
“Capt. Roberts has violated no laws of the Country; he had no communication or Trade with the Inhabitants of the Country or River; he was not within four Leagues of the Shore, and was peaceably waiting the return of his Boat and Crew. In this situation he was captured, ill-treated and detained prisoner on board his Ship two months. He has made repeated Memorials to the Vice King, to have his Ship and Cargo released, but to no purpose: and as late as the month of March, 1803, the Phoenix lay as she arrived from Sea, with her Cargo on board exposed to damage and plunder. For such an unjust capture & detention, by a Power with whom our Nation is at Peace, we consider as unwarranted, and hope the wisdom & justice of our administration, will take it into consideration, that we may obtain speedy Justice.” The memorial concludes with an account of the value of the ship, the accounts concerned in the voyage, damages, and interest totaling $207,614.76.
2. Pedro Cevallos to Charles Pinckney, 20 Sept. 1803, mentioned the Phoenix as one of many captured ships whose cases had been ordered for termination “with no further delay” as “a demonstration of [the Spanish king’s] friendship toward the U.S.” (PJM-SS, 12:36).
3. British troops invaded Buenos Aires in June 1806, occupied the city for forty-five days, and captured the Spanish treasury (Lyman L. Johnson, Workshop of Revolution: Plebeian Buenos Aires and the Atlantic World, 1776–1810 [Durham, N.C., 2011], 250–53).
4. In a 2 July 1806 proclamation, the commanding British officer at Buenos Aires, William Beresford, declared that private property, including property of the Catholic Church and other public institutions, “shall remain free and unmolested” (”Domestic Official Paper: Capture of Buenos Ayres,” Cobbett’s Political Register 10 [1806]: 537).