To James Madison from Joseph Warner Rose, 23 January 1807
From Joseph Warner Rose
Antigua January 23rd. 1807.
Sir,
My last Respects was under date the 1st. Ulto. duplicate of which ⟨y⟩ou have herewith. I am sorry to observe that since the above period the American Ves⟨s⟩els have been detained and sent into this Port both on their outward and homeward Pas⟨s⟩ages, and in several instances not the smallest grounds for the detention.
If you will be good enough to refer to the list of detained Vessels1 you will ⟨o⟩bserve the Ship Thomas Wilson Jos. Gardner Master belonging to Mr. Jno. Donnell ⟨o⟩f Baltimore bound to Martinique & La’Guira with a Cargo and Specie to the amount ⟨o⟩f One hundred and thirty-five thousand Dollars. This Vessel had too Valuable a ⟨c⟩argo (as the Captors observed) to be released without a strict Scrutiny. The Papers were very clear and every document on board that could be demanded by this Court so ⟨s⟩trictly attended to that they were under the necessity of acknowledging the same ⟨bu⟩t without the Knowledge of the Claimant the Captors broke open the Hatches, ⟨a⟩nd took some part of the Cargo on Deck on suspicion of having contraband Arti⟨c⟩les, as soon as it came to my Knowledge I represented this Conduct to the Judge ⟨w⟩hen a stop was put to it and the Vessel liberated and proceeded on her Voyage. I am ⟨f⟩ully persuaded that no Orders from Great Britain could sanction such interruption, to the American Commerce in these Seas. In the case of the Schooner Enterprize, Geoghegan Master from Baltimore to Martinique with Flour, Wine, Candles, ⟨a⟩nd a few small Articles the Captors thought proper to land the Cargo not with the ⟨ap⟩probation of the Claimant and after having probed every barrel and opened ⟨e⟩very package for the purpose as the Captors observed of finding Warlike Stores they found the Claimant innocent and the Captors guilty of an illegal Act f⟨or⟩ the ceremony of Writs of unlivery and inspection is not thought worthy of Attention. In this case the Captors refused to defray the expences and I am determined ⟨to⟩ try the Question the next Court and I have no doubt a principle which has been so frequently determined in favor of the Claimant cannot on any ground be reversed in this Court. From the frequent Question that arises in the Admiralty of Naturalization I must beg leave to ask what determines a Citizen of the United States at large, and how far a Citizen admitted in one of the States is equivalen⟨t⟩ to the adoption of the General Goverment. On the 23rd. August I informed you of the Condemnation of Brig Triton Printess Master and on the 21st. Inst. a similar case cam⟨e⟩ on of the Schooner Horizon Jerkins Master which Vessel with five hogsheads Sugar and six Tierces Coffee part of her Cargo was Condemned. It appeared by the att⟨es⟩tation of the Master in support of the Claim that he had disposed of his outward Cargo at Dominica & received in payment Ten hogsheads of Rum Specie & Bills of Exchange he went to Guadeloupe where he took in five Hogsheads of Sugar and th⟨e⟩ six Tierces of Coffee in payment of a Balance due upon a Cargo disposed of at Guadeloupe, in March last. The Court was of Opinion that no Bills had been received a⟨s⟩ none appeared in the possession of Captain Jerkins (he having sent them on by oth⟨er⟩ Opportunities) but Specie had been received in payment which had been vested i⟨n⟩ Colonial Produce and considering the Trade as not the direct Trade permitted by th⟨e⟩ Order of Council Condemned the Schooner and that part of the Cargo reserving the Question as to the remainder of the Specie and Rum, onboard which appeared clea⟨r⟩ly, to have been taken at Dominica in part payment of the Outward Cargo. The Question reserved was whether as the Rum and Specie not having been employ’d ⟨i⟩n this indirect Trade were confiscable as coming within the Order which point was ⟨g⟩iven up by the Captors Advocates without an Argument. The Court was evedently ⟨g⟩uided by the Sentence pronounced in the Triton but in this case the rule appears ⟨t⟩o be more regidly inforced the Court having presumed in opposition to the Oath ⟨o⟩f the Master that a part of the proceeds of the outward Cargo disposed of in Dominica were Vested in Produce at Guadeloupe whereas in the Triton the Trade fully appeared. I have the Honor to be Sir, your Obedient & Humble Servant
Joseph Warner Rose
RC (DNA: RG 59, CD, Antigua, vol. 1). In a clerk’s hand, signed by Rose; docketed by Pleasonton as received “20th March.”
1. See Rose to JM, 1 Dec. 1806, and n.