AN ACCOUNT OF A FRENCH PALATINATE IN SOUTH CAROLINA SMITHSONIAN STUDIES IN HISTORY AND TECHNOLOGY NUMBER 1 MELVIN H. JACKSON Curator of Marine Transportation National Museum oj History and Technology iTHSpNIAN iN^-^rr] rUTION'l%ES^S CITY OF WASHINGTON ^^■"^^■■-■m,V ■■ 1969 0~294-341 UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON : 1969 For sale by the Superintendent of Documents, U.S. Government Printing Office Washington, D.C. 20402 - Price $3.50 ^o^i^em^o/i^cl/ The privateer was a privately owned vessel bearing a com- mission from a sovereign state that empowered her to seize de- clared enemies of that state on the high seas. Such seizures, or prizes, after due process in the courts of the sovereign or of friendly powers, became the property of the captor to do with as he would. The license under which the privateer operated was known as a letter of marque and reprisal, and in time the vessel bearing such a commission came to be known as a "Letter of Marque." All too often the letter of marque was used as a legal cloak for banditry on the high seas, and efforts over the centuries to restrict the worst features of privateering evolved an elaborate body of international convention and domestic regulations. By the early nineteenth century, however, privateering finally came to be recognized for the incorrigible institution it was, and in 1856 it was swept away by the Treaty of Paris, to which, it is interesting to note, the United States and Spain did not subscribe. Privateering as a form of warfare persisted over so many cen- turies largely because it was a cheap weapon. For France at the outbreak of the long Wars of the French Revolution— her caste-ridden navy long neglected and destroyed at last by social upheaval—privateering was a weapon of last resort— VI PRIVATEERS IN CHARLESTON, 179 3-1796 but, it must be noted, one for which history records her long- time predilection. For the investor and the seaman alike, the potent lure of privateering naturally was the quick dollar: "Any Seaman or landmen that have the inclination to make their Fortunes in a few Months May have an opportunity by applying to . . . ." read the broadside nailed to the tavern door. Grateful govern- ments, eager to strike a blow against the wealth-bearing com- merce of an enemy, granted letters of marque to all who met a few simple requirements. Inquiries into the character of the outfitters, if made at all, were casual. Bonding, if required to insure compliance with international law, was only casually enforced. Privateering, therefore, tended to attract the un- principled, and therein lay the evils of the institution that often led its practitioners to the borders, and beyond, of out- right piracy. For the owners, a privateer armed, provisioned, and ready for sea might represent a heavy investment. If they com- mitted their vessel to all-out commerce raiding, the risk to their capital was greater than if the letter of marque was used as an adjunct to normal cargo carrying, during which the seizure of a chance prize might enhance the profits of carriage. The commerce raider, on the other hand, could roam the seas at will, trimmed to her fastest sailing lines, uncluttered with cargo, and carrying a crew large enough to work the ship, handle the guns, and man the prizes she took. Glorious single-ship actions and bloody resistance were shunned. The aim of the privateer was to capture, not to de- stroy, enemy shipping, and investors, captain, and crew worked together under the best of incentive plans—No prize, no pay! These men, no matter how highly they were motivated by patriotism, were far more horrified by red ink than by blood. For her part, the merchant ship, deeply laden and difficult to maneuver, and more than likely under-armed and short- handed, was seldom a match for a determined privateer. The merchant captain, aware of the futility of fighting or running away from such an adversary, often would fire a gun to wind- ward to salve his honor and then haul down his colors. For the most part, the bringing to and surrender of a merchantman, armed or unarmed, was as formalized as a quadrille. History aflFords examples of prizes of inordinate value, yet over the years the vast majority of privateers had indifferent FOREWORD vn success. Enemy merchantmen were not easy to find. Often they were under the protection of heavily armed men of war. As a result, a prize once taken was seldom released, even if her papers seemed to be in order. It was too well known that vessels might carry double or even triple sets of papers during times of war, and might sail under as many diflPerent flags as did the privateer herself as she worked into hailing distance of a strange sail. Handling of the prize prior to adjudication of her case ashore varied from punctilious observance of international convention to acts of piracy. The prize's stores or cargo might be pilfered by the privateer crew, her papers might be tampered with or destroyed entirely to insure condemnation, and often her captain and officers were detained, or set ashore in some dis- tant part, to make certain that no libelant would appear before the court to challenge the legality of the capture or to tie up the proceeds of the sale in endless legal red tape. To walk the thin edge of legality, then, was the everyday lot of the privateer commander. Some fell off. Others, using forged papers and abetted by corrupt port officials, operated as Httle more than outright pirates—gens sans aveu. The French-commissioned privateers sailing out of Charles- ton who are the subjects of this study exhibited all of these traits. And the emotional motivation of those who sailed aboard their vessels—the burning anglophobia of French and Amer- ican alike—^was important and accounted for much of the bra- vura, daring, and scoundrelism that characterizes their story. This study develops a facet of a larger work in progress on the privateering wars in the Caribbean, 1793-1801. To those who read, corrected, and offered invaluable suggestions re- garding it, I wish to express my gratitude: to Robert Green- halgh Albion, who really started all this; to Dr. Ulane Bonnel, for her guidance in French maritime affairs; to my colleague Howard I. Chapelle, an inexhaustible source of information on the ships and shipping of the eighteenth century; to Donald Green and Terrence Murphy, for eliminating the worst of my outrages against the language of the law; to Peter F. Copeland of the Smithsonian's Office of Exhibits, for his advice and assist- ance with the illustrations; to Welles Henderson, who gra- ciously supplied photographs of a fine painting in his collection, showing a French privateer overhauling an American ship; to the late John Gaillard Stoney, for conjuring up for me the Charleston of the late eighteenth century; to Virginia Rug- VIII PRFVATEERS IN CHARLESTON, 1793-1796 heimer, of the Charleston Library Society, for her patient help; to Mary E. Braunagel, for reading the galley proofs; and finally, to my wife Faith Reyher Jackson, who, although weary of privateering, never failed me during the long voyage. Such errors in fact or judgment that may appear can only be my own. M.H.J. February 1969 See End Papers "Ichnography of Charleston, South Carolina, At the Request of Adam Tunno, Esq. for the use of the Phoenix Fire-Company of London, Taken from Actual Survey, 2^ August 1788 by Edmund Petrie. Published 7^* Jan.^ 1790 by E. Petrie N.° 13 America Square." From United States Coast and Geodetic Survey Library Archives. See Title Page "A view of Charles-Town, the Capital of South Carolina. From an original Picture painted at Charles-Town, in the Year 1771. Published as the Act directs 3^ June 1776, by S. Smith, Green Street, Lavender Fields, London. Painted by Tho^. Leitch. Engraved by Samuel Smith." The original painting by Thomas Leech hangs in the Museum of Early Southern Decorative Art, in Winston Salem, North Carolina, and engravings made from it hang in that Museum and in the Gibbes Art Gallery of the Carolina Art Association, Charleston, South Carolina. Reproduction of the engrav- ing on the title pctge of this work is by courtesy of these Museums. Page INTRODUCTION 1 1 THE PRELUDE TO CHARLESTON PRIVATEERING 3 2 GALLOMANIA AND THE EAST FLORIDA EXPEDITION 21 3 THE WAY Is CLEARED BY THE UNITED STATES DISTRICT COURT. 47 4 THE PALATINATE CHALLENGES UNITED STATES NEUTRALITY . . 63 5 JAY'S TREATY: THE GREAT BETRAYAL 91 6 THE PROFITS OF PRIVATEERING 107 BIBLIOGRAPHY Ill APPENDIX 115 1 Memorial by Jean Frangois Theric, Translated from 117 the Manuscript Original (see Bibliography) 2 British, Spanish, and Dutch Prizes Brought into the 127 Ports of Charleston, South Carolina, and Savannah, Georgia, between April 1793 and April 1796, by French Privateers Based at or Frequenting Those Ports INDEX 155 294-341 o—fl L I B E R T E, E G A L I T E. A U N O M E LA REIPUBLIQUE FRANCA IS E. JLE CONSEIL EXtCUTlF PROVISOIRE DE LA RtPUULIQUE F R A Nf AIS E pemut, par tes prhenus, d it fiure armer et ^qu'ipper en guerre un no-nmi le Ju port Je mnneaax, ou environ, actaellemeni du port de , aVec tel nombre de canons, houlets. et telle quantUi de poudres, ptomhs, et autres munitions de guerre et vivres qu'il juge.'a ndcessaire pour le mettre en etat de eourir sur lex pirates, foibans , gens sans aveu, et g^niraltnunt sur tous tes ennemis de la R^publl^ue Franfaise. en quelque lieu qu'il pourra le» ■renconirer, deles prendre et amener prisonmert avee lean aaviret, armes^ et autres objets dont ils sercnt saiiis, i la charge, par ledtt de se confo'mer aux Ordonnanees de la Mariru , aux Lois dicreties par Its Reprisentans du Peaple Franfois, et notamment a I'ardcU IV de tt Lot du 3% Janvier, conctrnant le nombre ^homma decant former son iquipage, de falre enregistrer les pr^sentes Lettres au Bureau des Classed du lieu de son dJpirt, d'jr dtposer un role, signi et cenifli de lui, eonttnant les nons et sumoms, dge, lieu de naissance et demeure des g:ns de son iquipagi, et a son retour, de /aire son rapport par-devant I'OJJicier eharg^ de l'Administration des lasses , de ce qui se sera possd pendant son Voyage. Le Conseil Exccutif provisoire requiert tous Peuplet, omit it allids de la RipuUiquc Franfaist, et teun agens, de donner audit mjte assistance, passagt et retraite en Uurs poru avec sondit vaisstaU a tes prises qu'il aura pa faire, offraru d'en user de mime en pareillet circonstances. Monde et ordonru aux Commandans des Bdtiment dt I'Etat, Je laitsir librement passer tcdit ^ son vaisseau et ceux qu'il aura pu prendre sur I'tnntm, et dt lui donner stcours it assittanctt Ne pourrontf les prisenut^ seryir que pour moit uulemtnt, ^ eompttr de la date dt Itur tnrtgistrement. En foi de quoi le onseU Exkudf provlioin de ta KipubUgiM a fait lignv Its prittntts Lettres par le Ministrt de b Maritu, a y % fait apposer Ic seeau dt la Ripuhliqutt fM Donnd i Paris le jour du Mots d mU Mft tent it la Ripuhliqtte Fratifoin ^m par It Ministrt dt la Marine, it^vt^au t^^^^y/ ^^;^^ e^J/cM ?tc ^p.ir.r J-^u C-r„„J.r( m-l „^.^.l^,.,^U-TJt.m.^.rA, i.tt..- Facsimile copy, dated 24 November 1884, in United States National Archives (record group 77, no. 7) of a map of Saint Augustine dated December 24, 1791, in the Archives of the Direccion de Ingenieros, Madrid. 2: GALLOMANL\, EAST FLORIDA EXPEDITION 3 3 to unleash the fury of the Algerine corsairs against United States trade in the Mediterranean."^ When the second session of the Second Congress met at Philadelphia on December 2, 1793, the Federalist Adminis- tration noted with alarm a loss of support which some saw as a reflection of anti-British sentiment that was causing grow- ing unrest among the electorate. It was not until December 16 that the growing maritime problem was faced in a rather oblique manner through the reading of the Secretary of State's report concerning the privileges and restrictions on the com- merce of the United States. Almost three weeks were spent in an effort to avoid coming to grips with the ominous situation. Finally, on January 3, 1794, Madison's seven resolutions were taken up.^^ The chief tenor of these resolutions was that England was to be subjected to economic pressure until she would come to heel. The ensuing ten-day debate produced a deeper split between the parties but no decision could be made on the reso- lutions, and definitive action was further delayed. In the meantime the drift toward war with Great Britain continued. By early February Charlestonians, like the majority of other Americans, were convinced that war was not only in- evitable but imminent." By the beginning of March, when Con- gress again took under consideration Madison's seven resolu- tions, further procrastination was out of the question. British depredations had practically halted the booming West In- dian trade, and at New York unemployment among seamen grew as owners and masters refused to risk their vessels and car- goes against the odds of British capture and confiscation, or of long detentions which could prove equally ruinous.^* And the situation was further exacerbated by the deterioration of the tense situation along the Canadian frontier and at the Western Posts, and by an outbreak of Algerian seizures of American shipping in the Mediterranean. On March 4 the Congress cautiously took a first step in answer to British provocations in the form of a bill providing 2'BASSETT, The Federalist System, p. 113. For correspondence reflecting this see Instructions to the British Minister to the United States, 1791-1812, pp. 49-50. ^^ American State Papers, vol. 1, pp. 300-400. ^ The Mangourit Correspondence, p. 612. Appearance of HMS Hussar off the Charleston bar resulted in a near panic among American shipping, both ocean and coastal, in the harbor and caused many sailings to be postponed. 2< MCMASTER, History, vol. 2, pp. 167-170, treats at some length the effect of British policy on the maritime centers of the United States. 34 PRFVATEERS IN CHARLESTON, 179 3-179 6 for the fortification of harbors, and a week later it cleared the way for later creation of the United States Navy by authorizing the building of six frigates. The climax of American reaction to British provocations was finally reached on March 25, when President Washington read to Congress two letters from Fulwar Skipworth, American consular agent at Martinique. The letters detailed the extent of the losses suffered by American merchants in the capture of not only Martinique but the other West Indian islands seized by British forces. A 30-day embargo on all ship- ping in American harbors was immediately voted pending clari- fication of events in the Caribbean and before its expiration a 30-day extension was voted. The action of Congress seemed fully vindicated when on March 28 the news of Britain's revised Order-in-Council of November 6, 1793, became public. The provisions of this de- cree even outraged the strongly FederaHst mercantile commu- nity of New England. The Reverend William Bentley, tireless di- arist and staunch Federalist, commenting on the actions of Con- gress, recorded that "a privateer is already up in Becket's yard and several are said to be engaged." ^^ On every hand it was agreed that the country was as good as at war with England. At Charleston, as elsewhere, the democratic societies were in the forefront of preparations for all eventualities. Militia units such as the Charleston Irish Volunteers, the Republican Bat- tery, and the Cadette Battery sprang up, and much time was spent in drilling. As had earlier happened during the fitting out of the Jamaican sloop Advice, the clubs set themselves up as watchdogs, this time on behalf of the enforcement of the em- bargo. On one occasion the Charleston Republican Society, hearing that the British brig Liberty had managed to escape from the harbor just prior to publication of the embargo proc- lamation, fitted out a vessel which successfully recovered the brig.^^ But the excitement of warlike preparations gave way to a noticeable gloom as April passed. As the consequences of hostilities with Great Britain became clearer, Congress became more and more loath to make any decision that might have fa- tal consequences. In France, meanwhile, with the establishment of the Jacobin dictatorship under Robespierre in the summer of 1793, supreme 25 The Diary of William Bentley, D.C, vol. 2 (January 1793-December 1802). Hereafter cited as Bentley, Diary. 28 For the details of this incident, see The City Gazette, April 10, 1794. 2 : GALLOMANL\, EAST FLORIDA EXPEDITION 35 control passed into the hands of a ten-man Committee of Public Safety that undertook ruthlessly to reconstruct the nation from the shambles of civil war—an effort that was accompanied by systematic stamping out of all opposition through the machinery of the Terror. Eager to exploit the Anglo-American tension, the Com- mittee of Public Safety reviewed Franco-American relations. Minister Genet, whose conduct had outraged the United States Government and caused it on August 4, 1793, to revoke his exequatur and demand his recall, had failed miserably to carry out the fundamental part of his mission—negotiation of a commercial treaty. Instead, he had allowed himself to be di- verted by dreams of military glory which were frustrated by the political intrigue and anarchy that prevailed among the French naval forces in North America. Genet, moreover, was an appointee of the execrated Brissotins, betrayers of the Rev- olution, sufficient cause in itself for his liquidation. To replace Genet, Jean Antoine Joseph Fauchet was chosen to head a commission armed with the most positive instruc- tions : every means were to be employed to smooth over Franco- American relations, and a most important step toward this goal was to assure and rigorously enforce a rigid respect for United States neutrality. In addition, Fauchet was to concentrate on securing the commercial treaty that Genet had botched. He was also to obtain supplies of all kind and to arrange for large- scale purchases of grain vitally needed to replenish France's granaries, exhausted by a combination of bad harvest and civil war in La Vendee. Toward the end of January 1794, Hampton Roads, the port of Norfolk, Virginia, had begun to bustle with activity as arrival of the French sloop-of-war le Brutus"' brought news of Fauchet's approach. Le Brutus was followed by a squadron of five French men-of-war under the command of Rear Admiral Jean Van Stabel.'* On February 8 the frigate la Charente arrived at Norfolk to set ashore Citizen Fauchet and his fellow commissioners. Unlike his predecessor, Fauchet did not dally but departed posthaste for Philadelphia, a journey that took " Not to be confused with le Brutus Franqais, about which see below, p. 69. 28 Vessels consdtudng the squadron were the frigates le Tigre, of 80 guns; le Jean Bart, 74; la Concorde and la Semillante, 40; and the brig le Papillon. See the Phila- delphia General Advertiser for January 29 and February 21, 1794. 36 PRIVATEERS IN CHARLESTON, 179 3-17 96 nearly two weeks, thanks to bad weather and execrable roads. On February 22 he was presented to President Washington and on March 2 he formally relieved ci-devant Citizen Genet of his duties as Minister Plenipotentiary.^^ Seeking the quickest and most public means of proving to the Government at Philadelphia the sincerity of France's respect for the neutrahty of the United States, Fauchet inserted in the American Daily Advertiser for March 6 a proclamation which was subsequently widely copied: In the name of the French Republic Every Frenchman is forbid [sic] to violate the neutrality of the United States. All commissions or authorizations intended to infringe that neu- trality are revoked and are to be returned to the agents of the French republic. Philadelphia, Ventose 16, second year of the French republic one and indivisible (March 6, 1794, O.S.) The Minister plenipotentiary of the French republic, [Signed] JN FAUCHET.^" Then Citizen Fauchet began to study the dossiers of France's consular officers in the light of his Government's new policy. The file of Citizen Mangourit required urgent consideration. At Charleston, by early February, Mangourit had heard rumors of Genet's possible replacement. If these were true, it must have seemed highly probable to Mangourit that his own recall would follow. His correspondence took on a note of in- creasing urgency and at times hysteria. On March 5, apparently still unaware of Fauchet's arrival, no less of Genet's replace- ment, he wrote to the latter, expressing fear that the expedition might be abandoned, and then flatly announced that the inva- sion date was set for April 10.^^ It seems clear that by making this decision Mangourit hoped to forestall any change in orders that either Genet or a new Minister at Philadelphia might make and, if luck were with him, to present either one or the other with a fait accompli in East Florida. To this announcement Mangourit added a plea for ships, arms, munitions, and pro- visions, and complained that delays in obtaining these essential needs made it ever more difficult to hold his forces together. 28 Although Fauchet was directed to bundle Genet back to Paris to answer for his handling of the mission, the very government that Genet had attacked with such intemperance granted him political asylum. 3" This notice first appeared in the Charleston papers on March 27 (see p. 38). ^' 77?^ Mangourit Correspondence, p. 627. 2 : GALLOMANIA, EAST FLORIDA EXPEDITION 3 7 But the climate at Charleston seemed to be changed: citizens were becoming less tolerant of the high jinks and brawling of the privateersmen. A riot which broke out in a Charleston theatre on March 17 saw no less a personage than Captain Branzon and his trusty Lieutenant Langlois dragged off to jail and fined for their complicity in the fray.^" The crew of le Las- cazas had got so out of hand that Mangourit attempted to con- trol the flow of liquor to the French seaman by reminding tavern keepers that they extended credit to the crews of French vessels at their own risk. The French republic did not recognize claims against anticipated prize money.^^ The success of the consul's warning is open to doubt. By March 23, Mangourit, if his erratic dating can be relied upon, finally heard of Genet's recall and, very possibly, of his own. To Genet he expressed his regrets and hoped that the former minister would speak a few kind words to the "incor- ruptible" Robespierre.^* But Mangourit's regrets did not affect his determination to press on. He immediately set about rush- ing preparations to such a point that Fauchet could not possibly order the expedition cancelled. In his first letter to Fauchet, Mangourit, fearing that the inevitable enemies had already reached the ears of the new minister, sought to reassure him of his zeal for the revolutionary cause.^^ He not only dismissed as incredible the possibility that the new commissioners could intend to call off the Florida expedition, but went on to urge the appointment of a hench- man, one Fremin, then acting vice-consul at Savannah, to a post to be created on the United States side of the Saint Marys River, where it would be handy to the new conquests. ^^South-Carolina Gazette, March 19, 1794; The City Gazette, March 20, 1794. '3 The City Gazette, March 21,1794. Mangourit cited chapter and verse of French law which disclaimed responsibility of the French Republic for debts incurred in advance of prize money. ^* The Mangourit Correspondence, p. 638. " As was the case in all American cities where French refugees gathered in numbers, intrigue between the varying shades of political opinion was rampant. Strife within the Charleston Patriotic Society was recorded by che State Gazette of South-Carolina as early as December 3, 1793. Mangourit had been branded as "an intriguant and a promoter of discord." Enemies held his newspaper articles to be inflammatory in the extreme. Denunciations made to Fauchet to this eifect certainly affected the decision on the Consul's replacement. In his Memoir, Mangourit refers bitterly to the maneuverings of partisan groups, many of them doubdessly infiltrated by British agents provocateurs. 38 PRIVATEERS IN CHARLESTON, 179 3-1796 To Fauchet's demands of late March that le Lascazas be sent north to Hampton Roads, where she was urgently needed to strengthen the escort for the grain convoy,'' Mangourit an- swered that he regretted being unable to comply: not only was the corvette allocated to his own particular service, she was then at sea on a training cruise.'' In fact, however, le Lascazas was still in port embroiled in her interminable crew problems and Mangourit's orders to Branzon to get to sea were not dated until March 27. On the very day that le Lascazas was scheduled to sail, the thunder and hghtning of Fauchet's public circular letter of March 6 struck in the local press.'' Mangourit dodged agilely. An urgent meeting of the leaders of the Florida expedition was assembled in a council of war on March 29 to ponder the nature of Fauchet's injunction.''' Was this surprising document in truth an English ruse? Perhaps it had been concocted by Fauchet in conjunction with the United States Government to mislead the English and Spanish as the first step in America's decla- ration of war. Some were suspicious about the dating of the document and made a point of the fact that it was not in accord with the new revolutionary calendar. If the purpose of the declaration was really to stop the invasion, why had not the new minister sent an express to that purpose when he first stepped ashore? In any case, the feeling was general that the injunction against recruiting quite eliminated the Florida ex- pedition from the intent of the declaration. After all, was not all its recuiting carried on outside the boundaries of the United States? The clinching argument against the applicability of the declaration, however, was that the invasion date had been set prior to the issuance of the printed circular. The council of war finally decided that it could not find the slightest excuse to stop the execution of the enterprise and agreed to press on with the greatest diligence and secrecy. Only Colonel Bert dissented and expressed grave doubts about ^^Correspondence of the French Ministers to the United States, 1791-1797, Commis- sioners to Ministers of Foreign Affairs, May 20, 1794, p. 346. ^^ The Mangourit Correspondence, p. 645. 38 See The City Gazette, March 27, 1794. 3^ The Mangourit Correspondence, pp. 629-632. Branzon's name appears among those who were present at the council of war. The details that follow are derived from the minutes of the council. 2: GALLOMANL\, EAST FLORIDA EXPEDITION 3 9 the success of the enterprise without the essential ingredient of seapower to cover the landings and prevent intervention by enemy sea forces. The letter which Mangourit wrote to Fauchet on March 29 explained the proceedings of the council of war and predicted the fate awaiting French privateering operations out of Amer- ican ports in spite of the Franco-American rapprochement inaugurated by Fauchet. Ending with a persuasive argument, Mangourit urged: The ports of Florida will be of the greatest utility to France in wartime. The privateering commissions which we will be able to issue there will not be subject to the interference of the United States. The armed vessels which will sail from Florida will enjoy all the advantages that they should have had in those [i.e.. United States] ports. The St. Mary's [river], being capable of receiving entire fleets, will especially facilitate our maritime operations.■'° Only five days before Mangourit's letter of March 29, the State Gazette of South-Carolina reported the receipt of a Treas- ury Department Circular Letter which directed collectors of the custom to take inventories of all vessels and cargoes which had been captured by illegal privateers and brought into Amer- ican ports, and to consult with the consuls of nations whose ves- sels had been seized, with the view of appointing appraisers to arrive at a valuation of damages suffered." The Secretary of War had even ordered that the Spanish brig San Jose *^ be de- livered up to her owners because her capture was considered collusive. Ignoring Fauchet's orders to cease and desist from any fur- ther attempts to execute any design that might infringe on United States neutrality, Mangourit wrote the Minister on March 30 that everything was ready—supplies, ammunition, and treaties with the Indians. Two transports were ready to leave on April 4 and the landing would be made on April 10 Then, incomprehensibly, he wrote, "Nous attendons la flotille et la Floride est a nous . . . Ah! Citoyen, ce projet si vous envoyez une flotille. ..." ^' ^o Ibid. Translation of report of Assembly of Leaders of the Expedition at Charleston, March 29, 1794. " South-Carolina State-Gazette, March 24, 1794. ^2 Undoubtedly this is the prize made by Bouteille called San Joseph which featured in the important admiralty case of Castello v. Bouteille, et at., and treated at length below. The case was being argued in court at the very time. *^ The Mangourit Correspondence, p. 645. 40 PRrVATEERS IN CHARLESTON, 1793-17 96 The following day another letter to Fauchet was dashed off containing more sermonizing, urging, logic, and wheedling on the subject of the invasion. Forgetting that he had told his su- perior that le Lascazas was at sea he announced her departure with the transports. Again he hammered at his need for a fleet. Genet had promised him one on February 2. Where was it? Send it. More money was needed; the war scare had driven the price of supplies out of sight. But even if the promised flotilla had existed, it is certain that Mangourit had no intention of waiting for it. On March 27 the consul issued orders to Branzon on the subject of the Saint Marys landings: le Lascazas was to cruise off the coast, "not too far off the bar;" on April 4, he was to close the harbor, send in a boat and be prepared to escort the transports southward. If Branzon should arrive off Saint Marys before April 9, he was to cruise off the mouth of the river and keep it bottled up. Detailed instructions were given on how contact was to be made with the "revolutionary legion." Knowing his man and le Lascazas' crew, Mangourit could not refrain from the injunction, "Don't stray off chasing prizes." *' Mangourit's vexation with Branzon and the corvette le Las- cazas was compounded by further troubles with his other armed ships. As late as March 30 he could count on only the two trans- ports he had mentioned earlier to Fauchet. He had been unsuc- cessful in his attempt to purchase the prize Minerva. This ves- sel was finally bought in by Jean Bouteille, who placed Captain Hervieux in command and sent her off cruising under some sort of commission. Both Bouteille and Carvin continued to cruise during the Fauchet - Mangourit duel, although from the nature of their prizes it may be presumed that to some extent they were cooperating with Mangourit.*^ With only four days remaining before Captain Branzon was scheduled to appear off Charleston bar to collect the invasion fleet, Mangourit was still frantically trying to assemble shipping. In a letter to Carvin dated March 31 the consul congratulated the privateer captain on his successful cruise and refreshed Car- ^< Ibid., pp. 643-644. " On March 16 la Sans Pareille returned to port accompanied by the Spanish prize San Jose, mentioned above (South-Carolina State-Gazette, March 18, 1794). Shortly before March 29 Carvin brought his ITndustrie back to Charleston after a successful cruise which netted the Spanish sloop Emmanuel (South-Carolina State- Gazette, March 28, 1794). 2 : GALLOMANIA, EAST FLORIDA EXPEDFTION 41 vin's memory about former discussions concerning his participa- tion in the East Florida Expedition. That campaign, announced Mangourit, was about to be realized and Florida was about to be snatched from Spanish tyranny. At first he elaborately protested his conviction of Garvin's patriotism. Then he in- sinuated that a loan would be in order (Carvin had taken a particularly valuable prize). Finally, after dismissing any thought that Carvin would refuse to cooperate, he peremptorily requisitioned I'Industrie, "en vertu de I'article 23 de la Loi du 11 8""^ 1793," and ordered him to join forces with le Lascazas.*'' In addition to listing Bouteille's la Sans Pareille and recently purchased la Minerve {ex-Minerva) and Garvin's I'Industrie as ready for sailing, Mangourit mentioned a fourth vessel, the schooner I'Ami de la Pointe-d-Pitre,'^' under the command of William Talbot. Whether all, or indeed any, of the vessels other than le Las- cazas sailed on schedule cannot be verified. It is known, how- ever, that la Sans Pareille was still in port on the eve of the ren- dezvous off Charleston bar, for her crew was involved in yet another of those fracases that with increasing frequency were trying the patience of Charlestonians.*^ But it seems likely that none of the privateers listed were in port by April 7, for on that day, from the same express which brought news of the Presi- dential embargo of March 26, Citizen Fonspertuis stepped ashore, sent by Fauchet to relieve Mangourit as consul general at Charleston for the French Republic.*^ " The Mangourit Correspondence, pp. 650-651. *''Ex-Fair Play (see p. 56). The appearance of this vessel, to become one of Charleston's regulars, was heralded by the arrival of a Spanish prize consigned to her on March 16. The South-Carolina State-Gazette, March 18, 1794, referred to her as the Santa Jacta (possibly a misreading of a manuscript abbreviation "Santa Jac*^[jacinta]" and to her captor as Des Amis. Talbot made his entry into Charles- ton between March 20 and 30 and during that period was included in the expedi- tion. Whether Mangourit managed to pry out of Talbot the 15,000 dollars cash reported to be on board the prize is not known. ^8 See, South-Carolina State-Gazette, April 4, 1794. ^° While part of Fauchet's instructions related to the replacement of those consuls and agents who were particularly involved in transgressions of United States neutrality, he was actually unequipped to send a man of sufficient calibre to substitute for Mangourit. Fonspertuis, who had accompanied Fauchet as a minor chancellery official, remains a relative unknown whose chief qualification seems to have been his removal from the Canary Islands as consul at the request of the Spanish Government. According to the custom of the era he was known simply by his last name. 42 PRrVATEERS IN CHARLESTON, 179 3-1796 While there can be no doubt that at first Fonspertuis entered with exemplary zeal into the task of enforcing his superior's orders, Mangourit's delays in turning over the consulate's rec- ords and Fonspertuis' inability, because of the embargo procla- mation, to charter a vessel to pursue the Florida squadron prevented him from immediately effecting the most important part of his mission—the recall of the Florida expedition.^" Not until April 14 did the new consul manage to charter the schooner Hawke and to arrange with the deputy collector of the port for a coastwise clearance for Saint Marys in Georgia.^^ Ex-consul Mangourit, whose departure gave rise to eloquent ex- pressions of regret from some of the leading Charlestonians,^^ was hustled on board Hawke, and her supercargo Alexandre Bolchos—soon to build a reputation of his own as a successful privateer commander—was ordered to seek out le Lascazas and bring about abandonment of the expedition. Thereafter Man- gourit and his suite were to be transferred to the corvette, which in turn was to proceed forthwith to Philadelphia so that the ex- consul could report in person to Minister Fauchet on his activi- ties. This was duly accomplished. The invasion as planned proved a fiasco. When le Lascazas was finally located, Branzon had been standing on and off the mouth of the Saint Marys for 17 days, unable to make contact with the Florida Legion, even though it was reported that the Legion was in the immediate vicinity and was expected momen- tarily. Actually, a small group of American and Floridian fili- busterers managed to establish themselves on the southern bank of the Saint Marys River, never losing hope that a French rein- forcement would come to their relief." What roles the privateers la Sans Pareille, la Minerve, I'In- dustrie, and I'Ami de la Pointe-d-Pitre played in the aborted 5" He did, however, according to his instructions, release English prisoners that Mangourit had been illegally detaining in a prison hulk in Charleston harbor, and reparations were duly made. See The City Gazette, May 15, 1794, which printed an extract of Fonspertuis-Fauchet correspondence; also mentioned was the fact that le Lascazas was not in Charleston when Fonspertuis arrived. " Under the terms of the embargo, coastwise vessels as well as foreign public vessels and privateers were allowed to clear customs. 52 In his Memoir, Mangourit printed at length testimonials to the excellence of his stewardship of France's interests during his term in office. The signatures subscribing to the testimonials constitute a virtual "Who's Who" of Charleston's most dedicated Republicans. 53 See Correspondence of the French Ministers to the United States, 1791-1797, p. 827, Adet to Minister of Foreign Affairs, February 9, 1796. 52 2: GALLOMANIA, EAST FLORIDA EXPEDITION 43 invasion is not certain. No mention of them was made in the account of the locating of le Lascazas. It is possible that they had been dispatched on scouting missions when no contact was made with the Legion, or even more likely—from the succession of prizes that entered Charleston by the end of April—they had gone off on raiding expeditions of their own. On April 27 /<2 Sans Pareille arrived at Charleston, her captain lamenting that because of a shortage of crew he had been forced to pass up two Spanish vessels. She was followed the next day by two of her prizes, the British snow Susannah and the schooner Ann.^'^ On May 2 an unnamed Spanish brig of 10 guns and 35 men, laden with cargo, entered as prize to la Sans Pareille and finally, on May 6, arrived still another Spanish vessel, Del Pelao {Del Sillaro?), consigned to the same privateer. All were passed through the French consular court and condemned.^^ Both Carvin and Talbot subsequently returned with interest- ing prizes of their own, to be noted below. As for the schooner Hawke, once her duty was completed she blithely ignored her coastwise clearance and made directly for Port-de-Paix in Saint Domingue. There on June 10 she was sold .to Alexandre Bolchos, who had gone out in her as supercargo, and was com- missioned on the same day as the French privateer la Parisienne.^^ On June 27 la Parisienne entered Charleston in company with her British prize Prosperity, and almost immediately be- came involved in the District Court of South Carohna over the legality of her prize and the legitimacy of her commission. La Parisienne survived the suit to become one of the longest lived of the Charleston privateers and one of the most successful as well. Fonspertuis' attempt to call off the Florida expedition coin- cided with the sailing of the great French convoy on April 17, 1794, an event which strained Anglo-American relations to the breaking point. If British minister Hammond skirted making ^* Susannah and Ann grossed £1,211 j^j^, while the Spanish brig, which was estimated at 20,000 Spanish dollars, grossed £4,300/19/8. See The City Gazette, May 15, 1794; and BCC, Annex J, pp. 612-613. " See South-Carolina State-Gazette, April 30, May 2, and May 6, 1794. 5« Details of the saga of the Hawke are gleaned from cases in Bee, Reports: The United States v. Schooner Hawke (pp. 34-38); Kelly, Jun. v. Schooner Prosperity and Cargo and John Coole (pp. 38-39); and British Consul v. Schooner Favourite and Alexander Bolchos (pp. 39-41). Michel Ange Bernard Mangourit (1752-1829), freemason, revo- lutionary, pamphleteer, editor, scholar and archeologist, diplo- matist, and vice-consul of the French Republic at Charles- ton, South Carolina, 1792-1794. From a print in the Bureau des Estampes, Bibliotheque Natio- nale, Paris. a direct charge of American complicity in allowing the convoy to sail while a general embargo was in effect he nevertheless accused the United States Government of neglect to employ "coercive means" of preventing its departure." On May 2 and again on May 12 the Reverend Bentley noted the progression toward war in Salem: "A Derby vessel was being set up . . . upon the model of a privateer. . . . Yester- day was launched at Beckett's a schooner built in the form of a privateer . . . another of the same construction to be set up immediately." ^^ None of the privateers being built along the Atlantic coast in March, April, and May 1794 went cruising against the British under American colors, but many did under the tricolor, for, as we shall see, a thriving market came into being for such spe- 5' Attorney General Edmund Randolph, who succeeded Jefferson as Secretary of State in January 1797, had to extricate his Government as best he could. He denied that permission had been granted for the clearance of the convoy and then weakly offered as an extenuating circumstance the distance of Norfolk from the seat of Government, along with the plaintive observation that no formal complaint had ever been received from the British at Philadelphia. (BCC, p. 577). *8 The Diary of William Bentley, vol. 2, pp. 85, 86. 2 : GALLOMANIA, EAST FLORIDA EXPEDITION 45 ciaHzed vessels and Charleston became a center for their export to the West Indies. Even while the French convoy was clearing American wa- ters, President Washington, bent on heading off the war which threatened so ominously, decided to dispatch an envoy extraor- dinary to London. After some delay, John Jay was chosen for the mission on April 19. The reaction to Jay's mission was mixed at the start. The Philadelphia General Advertiser voiced mih- tantly anti-British sentiment in an article which began, "Nego- tiations, negotiations, is yet the cry of the minority in Con- gress. . . ." '^ Yet, even though the embargo proved irksome to some, the American Daily Advertiser, having earlier decried peace overtures, found it necessary to reprove a demonstration of unemployed seamen marching in the streets of Philadelphia with the advice that they "could get 5-6 shillings as laborers or stonecutters." And in spite of the anti-British furor that arose in May over a lurid episode of British arrogance at Newport, Rhode Island, war fever dwindled rapidly ''° as the appeals by Federalist journals for a sense of proportion on the subject of British villainies made steady headway. To many contemporary observers the embargo appeared to have done what had been intended, at least as far as the British West Indies were concerned. Island assemblies soon clamored for relief from the acute scarcity of plantation staples and from the glut of tropical produce overflowing their warehouses, a sit- uation certainly the result of the embargo. Governor after Gov- ernor yielded , suspending the Navigation Acts for periods of six months to a year and inviting neutral traders to their harbors. The prize so eagerly sought by the Americans trading to the West Indies, and so maddeningly denied since the treaty of peace with England in 1783 now seemed within reach. It would have been a shame to allow such ripe plums to fall to the neutral Danes and Swedes. To many of the mercantile community in the United States, burdened with depreciated French assignats, with protested bills of exchange, and with vessels immobilized in continental French ports by embargoes, the loss of trade with such fragments of the French West Indian Islands that 59 April 17, 1794. ^ The British Frigate Nautilus was boarded by representatives of the Rhode Island legislature in May when, after several demands had been made, her captain had refused to release several impressed seamen. The Americans were forcibly removed while the British commander promised dire consequences for the trespass upon one of his Britannic Majesty's vessels. 46 PRFVATEERS IN CHARLESTON, 1793-1796 remained would be small compared to the gain from a liberal- ized trade with the British West Indian Islands. John Jay, who had sailed for England on May 12 to adjust outstanding differences and to negotiate trade agreements with Great Britain, apparently had succeeded in placing the limited opening of West Indian trade on a permanent basis. The embargo was allowed to expire without further re- newal.'^' Once again the country was divided. Some were glad, others were resentful. The democratic societies, divining the effect on the French cause, shrilled against the renewal of inter- course with Great Britain. The sectional issue was raised by Philadelphia's pro-French General Advertiser. "Great News! The Embargo is off—but stop! Great news from whom? For those who have petitioned for an exemption for their fish.''' ^^ But the sound of protest "^ was lost in the bustle of sails being bent and running rigging being overhauled in every port along the Atlantic Coast. At Philadelphia, on the day the embargo ended, 55 vessels dropped down the Delaware, 45 of them cleared for the West Indies alone.^ About 30 vessels sailed from New York and as many from Baltimore. Within a week after the embargo was lifted, a probable total of 300 vessels cleared out of United States ports. In Boston the Reverend Bentley philosophized on the irra- tionality of mercantile man as he observed the busy waterfront: May 24:—last day of the Embargo and all busy to prepare to crowd the market: Some enquiring why it was put on? Others why taken off? (S) ome wounded by their losses others exulting in their gains. Among them all not the least sign of public virtue. May 27:—Vessles against wind and weather striving to get out of the harbor bound to supply the islands from which we have received the greatest Insults. Even a privateer raised on the stocks in resentment was the first to sail with supplies at the risk of the same owners. Never did interest discover its influence more favorably.*''"' ^' An attempt was made in Congress to extend the embargo to June 20 on the grounds it was only beginning to have its desired effect. "2 May 30, 1794. ^^ At Philadelphia and Baltimore, mates and masters of vessels resolved not to go to sea for ten days after the embargo ended as a symbol of their protest to the raising of the embargo (see MCMASTER, vol. 2, pp. 174—175). ^* Only three vessels cleared for Europe; the remainder were coasters. Of the 45, all but four were bound for British Islands, and of the four, three were for Saint Croix (neutral); the fourth was for Dutch Saint Eustatius (General Advertiser, Philadelphia, May 28, 1794). " Dairy of William Bentley, vol. 2, p. 91. lev^^ 3 THE WAY IS CLEARED BY THE UNITED STATES DISTRICT COURT NORTH OF THE VIRGINIA CAPES FRENCH PRIVATEERING dimin- ished rapidly after mid-April 1794. Many of the privateers that had not accompanied the sailing of Admiral Cambis' squadron from New York in November 1793—on Genet's ill-fated cam- paign against the Newfoundland Banks—were drawn off as convoy escorts for the strategically important grain fleet which cleared out of Hampton Roads, April 17, 1794.^ Still others fell victim to Minister Fauchet's campaign to eliminate infringe- ments on United States neutrality.^ By the end of the embargo period the newspapers which had once given the French priva- teers much space contained few allusions to them.^ But, as French privateering decreased north of the Virginia Capes, the reverse was happening at Charleston. From the • Among the privateers that sailed with the convoy were la Cornelia (tx-la Petite Democrate, ex-Little Sarah), and la Carmagnole, both of which were commissioned into the French Navy, and Captain Molinari's le Sans Culotte de Marseille, which had been laid up at Philadelphia du ing the winter months. 2 Fauchet was responsible for the detention and later dismanding of the privateer Van Stabel, which had been fitted out at Norfolk in March 1794. See Miscellaneous Letters, 1796-1906, U.S. Department of State, Secretary of State to the President, June 30, 1794. 3 An attack on two British vessels by the French privateer Liberty on May 27 seems to constitute the sum total of French activity. These were the ship Charles and the schooner Delight, reported as captured in the waters of Chesapeake Bay within a mile of the shore. (BCC, Hammond to Randolph, June 5, 1794, pp. 520-522.) Depositions of the masters of the vessels are included. 294-341 0-^9 5 48 PRFVATEERS IN CHARLESTON, 1793-1796 departure northward of the original "consular privateers" in May 1793, privateering enterprise there had been seemingly the exclusive domain of Jean Bouteille and Jean Baptiste Carvin. By the end of March 1794, new raiders began to make their appearance, some of them converted from the prizes taken by la Sans Pareille and I'Industrie, and some from prizes sent in by raiders that never appeared at Charleston. In June the num- ber of French privateers increased notably, and Charleston rapidly became the primary base of operations on United States soil for French raiders. To the general reason already adduced to account for this rise of Charleston as a French privateer haven, i.e., proximity to the main sea route between the Carib- bean and Europe and the predisposition of Charlestonians for the French cause, might be added the abandonment of the Florida expedition and France's renunciation of any further adventures in that direction.* By June 1794, moreover, two particular elements directly concerned in the acceleration of privateering activity had come strongly to the fore. The first of these was a legal decision handed down by the Federal Dis- trict Court of South Carolina, and the second was the sudden and dramatic reversal of French military fortunes in the West Indies. The case of Castello v. Bouteille, heard during the March term of the District Court at Charleston, paved the way for the later influx of French raiders, and it was ironic that the judge who handed down the decision was Thomas Bee. It is difficult to conceive of a man with deeper distaste for the French revolu- tionary principles being trumpeted through Charleston, or for the brash vulgarity of the defendant in the case, or for the brawling privateersmen who made it dangerous to walk the streets of his native city.° Yet, as we will see, Bee's decisions in case after case challenged the findings of the Supreme Court on points essential to the continued prosecution of privateering by the French operating out of Charleston. The details of ^ When in July 1795 Pierre Adet, who replaced Fauchet as French Minister to the United States, attempted to revive French ambitions in Florida, the privateers- men turned notably cool to the project. See below, p. 102. "^ FISCHER, The Revolution of American Conservatism, p. 397. Fischer lists Bee as one of the "Federalists of the Old School." Bee, the scion of a family of lawyers, was educated at Oxford and read law at Lincoln's Inn. He was a man of wealth, and a holder of slaves on a large scale. In the tradition of old Federalists, Thomas Bee devoted a large part of his life to public service. He had received his appointment as U.S. District Judge in 1790. 3 : THE WAY IS CLEARED 49 Castello V. Bouteille, as well as the decision, are of interest for the instructive insight they afford into at least one corner of the arsenal of deception and chicanery developed by the French privateersmen and their agents in order to maintain their foot- hold in Charleston. The case arose over the seemingly trivial question of the legal status of 50 bales of cotton, against which Captain Castello, formerly master of the Spanish vessel San Jose filed a libel in behalf of the vessel's owners. The San Jose was en route for Cadiz when she was overhauled and captured by the French privateer sloop Fair Margaret, Captain Henri Hervieux, on September 22, 1793.*^ Hervieux made for Cape Fear River with his prize in com- pany, but when he had arrived off Wilmington, North Carolina, news came that the Government at Philadelphia had ordered Sloop Mediator, ca. 1745. Model, in the Smithsonian's National Museum of History and Tech- nology, was constructed from the original plans in the National Maritime Museum, Greenwich, England. That the sloop rig was a favorite in the coastwise and West Indian trade to the end of the 18th century seems con- firmed by the number of them captured by the French priva- teers in the period 1793-1802. * Fair Margaret is not listed as one of the privateers that frequented the port of Charleston. It is possible that she was one of the first commissioned by Genet upon his arrival at Charleston. No other prize made by this privateer is known. 50 PRIVATEERS IN CHARLESTON, 1793-1796 or, more properly speaking, requested, that the Government of North Carolina seize Fair Margaret as one of those privateers proscribed under the directive of June 5, 1793. Hervieux lost no time in clearing out of Wilmington. Once at sea he headed south with his prize still in company. Off Charleston bar, Her- vieux, who had no intention of endangering his prize as at Wilmington, left San Jose to jog on and off shore under her prize crew while he entered port to survey the situation. Possibly Mangourit put Hervieux in touch with Jean Bou- teille, who was in port at the time after his cruise in company with Garvin's I'Industrie, but in any event, the two met, and the result of the meeting was not only the solution of Hervieux's dilemma but also the beginning of a fruitful relationship be- tween the two privateersmen, for Bouteille took la Sans Pareille to sea, where contact was made with the waiting San Jose, and in due course that vessel was "seized." The two vessels then proceeded in company down the coast of Georgia where the master and crew of San Jose were set ashore to make their way as best they could to Saint Augustine. The vessels then made for Charleston, where the prize was duly entered as belonging to la Sans Pareille. She was processed through the consular court, condemned, and cargo and vessel were offered at public sale. By the time that Captain Castello had doubled back to Charleston, all that remained to proceed against was the 50 bales of cotton, and these he accordingly libeled. Acting in be- half of his owners and freighters, Castello sought restitution of cargo and vessel as well as damages for detention. Bouteille's answer to the libel was a plea to jurisdiction, that is, he ques- tioned the right of the court to act upon the case. He steadfastly maintained the regularity of his commission and, in addition, invoked article 17 of the Treaty of Amity and Commerce of 1778, between France and the United States. The libelant built his case primarily on the force of the Presidential directives relating to "proscribed" privateers and maintained that San Jose, now le Saint Joseph, was in point of fact captured by the Fair Margaret and not by la Sans Pareille. Judge Bee, however, refused to recognize the author- ity of the President in this context. According to Bee, who cited the Constitution on the separation of powers, the President's wishes did not have the force of law and hence were not bind- ing. If Fair Margaret was indeed the original captor and a 3 : THE WAY IS CLEARED 51 proscribed vessel, the libelant must have recourse to the Execu- tive for relief. Thus, by virtue of the decisions in the William case in Pennsylvania, and the Catherine case in New York,^ both of which denied admiralty jurisdiction to the Federal Courts, Bee upheld Bouteille's plea to jurisdiction, and Castello's libel was accordingly dismissed.^ Bouteille's victory and the circumstances surrounding the entire case must have been gratifying in the extreme to the pri- vateer fraternity. Not a finger had been raised at either the customhouse or the Governor's mansion to seize the proscribed Fair Margaret or to prevent the transparent sleight of hand of shifting the Spanish vessel from Hervieux to Bouteille. Bee even refused to look beyond the law to take into account the obvious fraud. All this augured as well for the future of French pri- vateering, as did Bee's denial of Federal jurisdiction over the activities of the French privateers. But Judge Bee's observations on the nature of the Franco-American treaties then being so severely manhandled in the northern courts, held even greater significance. They seemed to be a total reaffirmation of the case that France had been urging from the very beginning of the war. The libelants had sought, by citing the U.S. treaty with the Netherlands, even though San Jose's registry was Spanish, to establish that the United States owed certain obligations to those nations with whom she was at peace. Judge Bee, however, was of the opinion that the treaty which bound the United States to France was of a more sweeping nature than the others and was designed to be operative "under all circumstances of war and peace with other nations." ^ The treaty with the Nether- lands, he held, was specific. It provided for the restitution of vessels recaptured by either party from a common enemy. It is difficult to establish or fully to assess the influence that this case had in the rash of conspiracy and bald collusion be- tween the French privateersmen and American officials that marked the year 1794, except to note the coincidence. The machinations, chicanery, and thimblerigging indulged in by the ^ For a discussion of these two cases, see JACKSON, "Consular Privateers," pp. 86, 88, 92n. * It may well be argued that the dismissal of Castello's libel was, in fact, based more on the nonlegal force of the Presidential directive than on lack of admiralty jurisdiction. It should be noted also that while this case was being tried, the Supreme Court was hearing the case of Glass and Appellants v. the sloop Betsey, which resolved the question of admiralty jurisdiction. See above, p. 19. 8 BEE, Reports, pp. 32-33, Castello v. Bouteille, et. al. 5 2 PRFVATEERS IN CHARLESTON, 179 3-1796 privateer operators, agents, and captains is attested to by the barebone records and correspondence which have survived from the court proceedings of the day. Thus, his Britannic Majesty's acting vice-consul for Georgia, South Carolina, and North Carolina,'° seeking to protect the interests of his Government and the property of British shipowners and freighters, was not entirely unjustified when he complained of the difficulties of obtaining cooperation from the persons in authority." Castello V. Bouteille prepared the way for the entry of pri- vateersmen whose operations steered the shadow line between legality and outright piracy, veering from one side to the other as circumstances demanded. The relatively simple deception practiced by Jean Bouteille and Henri Hervieux was elaborated with great ingenuity in subsequent days. While the majority of the Charleston-based privateers at one time or another played fast and loose with the domestic laws of the United States and with the international conventions gov- erning the institution of privateering, few were more consistent and flagrant in this respect than the privateering syndicate in- volving three Americans—William Talbot, Edward Ballard, and John Sinclair. The saga of this trio, constitutes a perfect vade mecum of the mechanics of rascality as practiced at Charleston between 1794 and 1795. When Colonel Jacob Read, attorney for the libelants of one of the prizes made by Edward Ballard, in open court called that worthy, his officers, and crew a "Band of Lawless pirates," he was not far from the truth.^^ We have already met William Talbot, whose arrival at Charleston in late March (see p. 41) caused something of a '" Vice-Consul Benjamin Moodie arrived at Charleston on February 9, 1794, on board the ship Caroline, 70 days from London (South-Carolina State-Gazette, February 10, 1794). From his correspondence with Lord Grenville (Public Records OflBce 133, FO 5, 6, f. 127) we learn that his appointment was a temporary one to replace the deputy consul Shoolbred while on leave. The consulship, however, was actually held by Charles Miller, on leave in England for reasons of health. Moodie was subsequendy made permanent consul, in which office he served until his death in 1837. " "I will readily lodge remonstrance in such cases [i.e., illegal captures] and with such executives as you may direct; but it does not seem to me that they consider themselves called upon unless a legal process is instituted, and the authority of the Federal court is disputed, which has latterly determined me to apply there, in the first instance, by libel; otherwise, even the court will not consider the complaint cognizable." BCC, p. 593. '2 See, PHILLIPS, "South Carolina Federalists II," p. 734. This charge so outraged the hot patriots of the democratic club which Ballard frequented, that a threatened duel was narrowly averted. 3 : THE WAY IS CLEARED 5 3 Stir in privateering circles. His first involvement in privateering is a story often paralleled in those days when Yankee seamen lived in fear of impressment by the Royal Navy and ship- masters faced ruin at the hands of British colonial privateers and prize courts." Talbot was a native of Virginia and a mer- chant seaman by trade. According to his own account he had espoused the French cause and had taken to privateering under the French flag out of resentment for injuries suffered at the hands of the British: During the early days of the war he had been taken into New Providence, which was notorious for the voraciousness of its privateersmen and the corruption of its prize courts, where he lost his brig and cargo. There and then he "resolved to be indemnified and revenged." " Returning to Virginia, he cast about for a berth and, in October 1793, met John Sinclair, who, in partnership with Solomon Nelson of Smithfield and Samuel Reddick, owned the schooner Fair Play. They saw in Talbot qualities needed to forward their plans, and Talbot, for his part, found what he was looking for and readily enlisted in the design to convert the schooner to a French priva- teer. He was to go in her as master and also to receive a share in the vessel. The prospect of arming and equipping an American vessel as a French privateer at that time was not too promising. The furor over Genet was at its height. The Act of June 5, 1793, proscribing the American-commissioned French privateers and the increased vigilance of both State and Federal officers all complicated the business. But Samuel Reddick was an American expatriate, a French citizen, and a legal resident of Guadeloupe. The partners agreed that the vessel Fair Play would go to Guadeloupe and there take out French registry. Great care was to be exercised to comply in detail with the Ship Registry Act of 1790, so that her subsequent operations would not be jeop- ardized by some overlooked technicality. In addition, at Guadeloupe Captain Talbot was to become a French citizen to avoid a recurrence of Henfield's fate. The arming of Fair Play for clearance under United States registry constituted no problem, since it was still within the right of any American merchant vessel to sail armed. With her "In many ways Talbot's story is similar to that of the implacable anglophobe and privateersman extraordinary, Joshua Barney. '^ Talbot's experiences, either provided by himself or the result of an interview, appeared in the American Daily Advertiser, of Philadelphia, May 16, 1794. 54 Pilot boat Coureuse built at New York about 1785. The pilot-boat hull form, with its reputation for speed and weatherliness, was highly regarded for privateering. Relatively inexpensive to build and man, this type of vessel pro- vided a minimum-investment entry into a field that offered quick returns. This one, captured by the British in 1793 was used as a dispatch boat. Sail plan from H. I. Chapelle, "Search for Speed Under Sail" ( New York: W. W. Norton, 1968). PRIVATEERS IN CHARLESTON, 179 3-1796 armament, ammunition, and provisions on board, Talbot re- ceived his instructions and a power of attorney to sell the vessel. Fair Play, with Citizen Reddick as a passenger, must have sailed shortly after October 24. Once at Guadeloupe, Talbot moved with dispatch. On December 28, 1793, he shed his U.S. citizen- ship and became a citizen of the French Republic. On Decem- ber 31 Citizen Talbot formally conveyed the schooner Fair Play to Citizen Reddick and conscientiously took care of all the legal details required for the transfer of registry of an American Coureuse P/7o/- doa/ r/cf, /790 Bonnei 3: THE WAY IS CLEARED 55 vessel. On January 2, 1794, the French armed schooner I'Ami de la Pointe-d-Pitre {ex-Fair Play) received her commission as a French privateer empowered "courrir sus les pirates, forbans, gens sans aveu et generalement sur tous les ennemis de la Republique frangaise." On the very day of commissioning, I'Ami de la Pointe-d- Pitre sailed on her first cruise.^° A report from Saint Kitts also noted the sailing of the "American privateer" and commented: The example of the above vessel will, we apprehend, be followed by many other American vessels, in which case. Great Britain has no alterna- tive and must of course declare war against the American States for having her subjects found in arms .... Thousands of Sans Culottes of America have long carried on war against England under the pretence of neutral trade, and now as their oaths, false papers, and other arts are detected, and that their vessels carry- ing French property cannot escape, we read and wonder at their recourse to French commissions, in order to plunder British subjects.^° By the time Talbot had appeared at Charleston to engage in the Florida expedition, he had captured nine prizes, and it was said that "British privateers of the Leeward Islands were afraid of meeting with him." If the Florida expedition was a fiasco, Talbot nonetheless managed to bag an interesting prize, the British ship Grenada Packet, which he sent into Savannah before hurrying on to Charleston to keep his rendezvous with John Sinclair.^^ The reunion must have been joyous, and we may suspect that after division of the prize money accumulated by Talbot the usual privateersman's rout took place.'^ But the celebration was a short one, for Sinclair had developed new plans involving '5 Columbian Centinel, February 24, 1794, news item datelined Basseterre, Guade- loupe, January 2, 1794: "An American privateer on the first inst. The crew of the above privateer got naturalized and admitted French citizens." 16 The General Advertiser, March 10, 1794. '7 The Grenada Packet, Francis Hamilton, Pensacola for London, entered Savannah on April 19 (Georgia Gazette, April 24, 1794). The French consulate advertised her condemnation trial for April 25. Benjamin Moodie, in libelling the vessel, estimated her worth at £2,500 and her lading at £13,849/19/07 (BCC, Annex 2, pp. 616-617). However, before the vessel could be seized by the marshall she took fire from an overturned tar pot, floated up the river endangering wharfs and longshore property, burned to the water's edge, and sank. She was being fitted out for a privateer at the time she took fire. (Georgia Gazette, May 29, 1794). ^« Georgia Gazette, May 1, 1794, dateline Chadeston, April 28: "We learn from Captain Thomson of the Carolina of the transfer of accumulated prize money from Savannah to Charleston via inland water way, because of prowling British privateers." 56 PRFVATEERS IN CHARLESTON, 1793-1796 the schooner I'Ami de la Liberie in which he had come to Charleston." Sinclair's acquisition of this vessel dated from the arrival of Admiral Jean Van Stabel's French squadron at Norfolk in Jan- uary 1794 and the assembling of merchant vessels, both French and American under French charter, at the rendezvous in Hampton Roads. One of Van Stabel's major problems was the supression of inteUigence leaks to the British on the state of for- wardness of the great grain convoy. In order to prevent the British from fitting out dispatch boats to alert the British Ad- miralty it was necessary to keep the area under close surveil- lance; but with the embargo threatening in March and the stepped-up movement of shipping toward Hampton Roads, security became ever more difficult to maintain. Van Stabel began to charter ships to serve a dual role as tenders and guard- ships cruising the roadstead and its vicinity to keep watch on British shipping—especially on HMS Daedalus, whose presence there was particularly galling to the French. Taking advantage of this opportunity offered by Admiral Van Stabel, Sinclair and his partners had acquired a schooner which they named I'Ami de la Liberie and on April 3, 1794, procured from him what Sinclair later referred to as a "commission." La Liberie, as she will be called for the sake of brevity, was described as "raised from a pilot boat." Fitted with a railing and stanchions and a strake above the planksheer, she apparently had carried some armament when on duty with the French squadron, but upon her entry at Charleston she was noted as being unarmed."^ Between April 3 and 15, Sinclair hired Edward Ballard as captain but continued to remain on board as either passenger or supercargo. During the remainder of the time the French convoy was at Hampton Roads, Sinclair's vessel had served, under Van Stabel's charter, as one of several tenders function- ing as the Admiral's unofficial embargo enforcement agents.^^ When the convoy moved to sea, Sinclair had accompanied it, secure in the knowledge that his "commission" would get him through the embargo. Once clear of the reach of Federal au- '* As were so many other vessels, this one was variously recorded, being Amour de la Liberie, Friends of Liberty, and variations of these names. 20 BEE, Reports, p. 51, Peter Martins v. Edward Ballard & William Talbot. 2' Sinclair was involved in the "unrigging and prevention of sailing of certain vessels," undoubtedly advice boats bought by the British at Norfolk to warn the British fleet of the convoy's sailing. 3 : THE WAY IS CLEARED 5 7 thority, la Liberie parted company with the convoy and headed south. The wind must have been fair and the schooner fast, for on April 20 she crossed the bar into Charleston harbor and there was duly entered at the customhouse as "not in distress, not armed: the embargo then in existence." ^^ Once at Charleston, Sinclair let it be known that he was on a "secret mission" entrusted to him by Admiral Van Stabel. But the appearance of Talbot and his impressive prize Grenada Packet made it important for Sinclair to remain ashore, and this need raised the problem of how to get la Liberie to sea under Ballard, as the "commission" was made out in Sinclair's name. Pleading his inability to command the schooner because of ill- ness, Sinclair prevailed on Citizen Fonspertuis to endorse his "commission" over to Ballard. The consul was either com- pletely bamboozled by the so-called commission or chose to close his eyes to what must have been obvious. The latter is prob- ably nearer the truth.^ On May 3, 1794, the consul's office ap- plied for clearance for la Liberie and on May 5 the schooner sailed on her "secret mission of importance," followed closely by Talbot in la Poinie-d-Pitre. Ballard took la Liberie to Savan- nah, where he embarked guns and ammunition brought to him by Talbot, after which the two vessels set out to cruise in company. While off the coast of Cuba, between May 15 and May 18, the two raiders ran across several strays from a British convoy bound for Europe. Separating, la Pointe-d-Piire picked up the British brig Elizabeth, and on May 16 /a Liberie overhauled the Dutch brigantine Vrouw Christina Magdalena. Ballard placed a prize crew on board the Hollander and the two con- tinued in company. On the same day la Pointe-d-Piire came up with la Liberie and her prize, and Captain Talbot placed an additional prize crew of his own on board Magdalena. On the next day another Dutch prize was taken, the Foriuijn der Zee, and both privateers placed crew members on board. Shortly after Foriuijn was seized, a strange sail was sighted and Talbot hastily removed la Liberie's men from both prizes leaving just his own men in possession. When the danger had passed la Lib- erie's men were again returned to the prizes. 22 BEE, Reports, p. 267, Joost Jansen v. The Brigantine Vrouw Christina Magdalene 23 Justice Bee later took Fonspertuis to task for his irregularity, laying it to either ignorance or a desire to rid himself of importuning applicants (Bee, Reports, p. 24). 22 5 8 PRFVATEERS IN CHARLESTON, 1793-1796 It is not known whether any other prizes were taken on this joint cruise but the four vessels proceeded toward Charleston, remaining in company until two days before making port. Eliz- abeth was sent into Savannah, while Vrouw Christina Magda- lena, along with la Poinie-d Piire and Foriuijn, arrived at Charleston on May 25, followed shortly by la Liberie. Dispensing with the formalities of condemnation, and with little regard for the law, Ballard at once set about converting the prizes into cash. Hatches were opened, cargo landed, bales and packages made free with, and ship's stores appropriated. He would have sold Vrouw Christina Magdalena, ship and cargo complete, had not the District Court of South Carolina intervened in response to a libel filed against the brigantine by her master Joost Janson. In demanding restitution and dam- ages, the libelants alleged that the capture and sending in of Magdalena constituted a breach of the treaty between the United Netherlands and the United States. They further claimed that Ballard "was and is" a United States citizen and that I'Ami de la Liberie "was and is" an American vessel. Bal- lard, the hbel asserted, did not have and could not have a French commission. Ballard, however, was much too busy in further forays against the "enemy" to answer the court's monitions, and after a third and last summons had been issued for him to ap- pear, the libelants were awarded a default judgment. On July 16, 1794, Ballard returned to port and the City Ga- zette reported the arrival of "the French schooner of war Friends io Liberty." ^* It is interesting to note that she was still referred to as "a tender to the French Admiral Vanstabel [sic] who sent her on a particular mission." The cruise had been a good one, for la Liberie had captured the British sloop Ram- bler and two Spanish sloops, la Santa Caterina, from Saint Au- gustine for Havana, and la Juno, which arrived on July 16." When Ballard came ashore he was hit by a deluge of suits. Libels were filed against Rambler and, shortly after, against the Spanish prizes. In the main the respondents' allegations were the same as those in the Magdalena case. Again Ballard chose not to appear when summoned. In his stead appeared the privateer agent Abraham Sasportas, who, conceivably count- 2< It must be noted (see footnote 19) that CAmi de la Liberie was also referred to as "the French National Schooner" (The City Gazette, July 28, 1794). 25 City Gazette, July 12, and July 17, 1794. 3: THE WAY IS CLEARED 59 ing on the weight of Judge Bee's decision denying the juris- diction of the U.S. courts in the case of Castello v. Bouteille, maintained that neither he nor Ballard was bound to appear or to answer the libel on the grounds that I'Ami de la Liberie was a French vessel, "fitted, armed, and commissioned by their [i.e., French]authority," and that Ballard was a French citizen. Sasportas then made a grave error. He said that even if Ballard were not a French citizen he would still have the right to command a French vessel. Judge Bee would have none of this. He found Sasportas not only incompetent to appear in behalf of Ballard, who was then in contempt, but assessed costs against the agent as well. Yet as late as July 25 Ballard, to all appearances, was quite unconcerned by what was building up in the District Court. On that day, we learn. Citizen Edward Ballard, emulating the genial Jean Bouteille, was tendering "to a number of respectable citizens" a feast at Harris' Hotel where it was reported that no fewer than 15 patriotic toasts were offered to memorialize the glories of the two republics. Ballard might have continued his career as a commander of a properly commissioned French privateer had not Captain Tal- bot sought to salvage what he could from the shambles that Ballard had made of the partnership's prospects. "As a French citizen acting under a commission from the Governor of Guade- loupe," he interposed his own claim as well as those of the owners, officers, and seamen of I'Ami de la Poinie-d-Piire. But the ensuing trial succeeded only in disclosing further interesting facts regarding the operations of Talbot, Ballard, and Sinclair. Ballard, of course, was far from being a French citizen and the so-called "commission" under which he was operating was merely a charter party, that is, an agreement for the hire of his vessel, made between Sinclair and Admiral Van Stabel. As a commission it was valueless. The shifting of crews between la Liberie and la Pointe-d-Pitre during and after the capture of Magdalena and Foriuijn was carried out to mask the fact that la Liberie was operating illegally. Indeed, such maneuvering was an old game with Captain Talbot. He had played it before with the "Spanish Launch" San Joseph which he had brought in with him at his first appearance in Charleston in April 1794."'' 2" Not to be confused with the San Joseph (San Jose) of the Castello v. Bouteille case (pp. 48-52 ), nor with the San Joseph captured by la Montagne off Saint Augustine on May 18 nor yet with the St. Joseph reported by Moodie (BCC, Moodie 60 PRrVATEERS IN CHARLESTON, 1793-1796 San Joseph had been bought by Sinclair and Ballard for use as a raider and in some devious manner Governor Moultrie was induced to intercede with Federal officials to release the vessel from the embargo. On April 13 San Joseph, mounting 3 guns and carrying a crew of 50, under the command of Captain Sweet, cleared Charleston for a cruise " and almost immediately fell in with the New Providence privateeer Flying Fish, mounting 12 6- and 4-pounders and manned by a crew of 56, under Captain McKenney. After a 15-minute engagement during which 4 men were killed, San Joseph struck her colors. The French privateer was sent off to Nassau and all but 15 of her men were loaded on board the British vessel Speedwell and sent back to Charleston, where they were set free on May 18.^^ An examination of San Joseph's papers caused some very in- teresting information to come into the hands of British Consul Benjamin Moodie, who, in the cause of justice, handed it over to his Dutch allies, the libelants of Vrouw Christina Magdalena. San Joseph, the evidence revealed, had been cruising illegally under one of la Pointe-d-Pitre's prize passes at the time of her capture by Flying Fish. On August 9, The City Gazette an- nounced the "decree of the long contested case of the Dutch Brigantine Vrouw Christina Magdalena." The facts of fraud were so strong that Judge Bee pronounced Talbot's plea to jurisdiction as irrelevant and decreed the restitution of vessel and cargo."'' It still remains to account for the fate of the ship Elizabeth, the first vessel captured by la Poinie-d-Pitre and la Liberie. This vessel, after her capture, made for Savannah, where her arrival with a cargo of 285 hogsheads of sugar, 90 puncheons of rum, to Bond, December 17, 1794, p. 593) as a "handsome new Baltimore schooner cleared out for Port-de-Paix as a Spanish prize." 2^ Early in March 1795 Captain Sweet appeared as master of the privateer (^a Ira (see City Gazette, March 7, 1795). 28 This incident is treated at some length in the Georgia Gazette, May 22, 1794, under the dateline of Charleston, May 19. 29 Talbot appealed the case and it eventually went to the Supreme Court of the United States (reported in 3 Dallas 133). Thiere the original claim was vastiy overshadowed by the question of whether an American citizen had the right to expatriate himself, a constitutional question that loomed large in the last days of the 18th century. Vrouw Christina Magdalena and her cargo had to be off'ered for sale and the proceeds were held in escrow pending the final disposition of the case. 28 3 : THE WAY IS CLEARED 61 and 7 tons of fustic ^° was reported on May 22 in the Georgia Gazette. Once she was at anchor, the privateer's agents Messrs. Hills, May, and Woodbridge took charge of ship and cargo and proceeded to convert both to their own profit, and through "a fictitious and clandestine sale, [they] did themselves become the pretended purchasers . . . without having the same legally adjudicated, condemned or without forms or processes in the law." ^^ Not until after the Vrouw Christina Magdalena case had been adjudged did Moodie decide to act against the seizure of Elizabeth. The libel was entered in October and, finally, on December 25 ^' the court decision was handed down. Elizabeth was to be returned to her owners and damages were assessed against all concerned in the affair.^^ The career of I'Ami de la Pointe-d-Pitre did not end at this point, although it appears that Talbot no longer commanded her when she arrived at Charleston on October 15, 1794, from a cruise ^* during which she captured the British brig Somerset. This vessel, which had been sent into Savannah, was quickly libeled ^^ and the same court that heard the Elizabeth case re- turned Somerset to her owners with damages.''*' La Pointe-d- Pitre sailed on yet another cruise and was next heard from in the vicinity of the Bahamas, where she took the British schooner George.^' From a news item datelined Falmouth, Jamaica,^^ ^^ A dye-wood (chlorophara tinctoria) native of the West Indies, used to produce a yellow dye. ^' In the Georgia Gazette, October 16, 1794, the text of the libel is printed in full. ^2 Although the case was scheduled to be heard at Augusta on November 2, the illness of the presiding judge caused a postponement until December and the jurisdiction was changed to Savannah. 2^ On January 22, 1795, the Georgia Gazette carried an advertizement announcing the sale of Elizabeth and her cargo by order of the "Admiralty Court." The sale was scheduled for February 10, 1795. 3* The City Gazette, October 16, 1794, carried a garbled name, "Defanamyre," for her master. 35 The Georgia Gazette, November 6, 1794, published a copy of the libel which named both Talbot and Ballard as being involved in the "piratical seizure." '8 The Georgia Gazette of January 22 carried an advertizement for the sale of Somerset and her cargo to be held on February 10, 1795. Both the Elizabeth and Somerset decisions were appealed to the Circuit Court, and on May 4 that court reaffirmed the decision of the lower court (Georgia Gazette, May 7, 1795). " Georgia Gazette, March 26, 1795. An article datelined Nassau, New Providence, stated that four seamen showed up at Nassau in a small boat, claiming to be part of the crew of George lately captured by "Pointe-a-Pitre, 10 guns, 47 men owned in Charleston." Actuailly, the four men were part of the privateer's prize crew, >nd were turned out of George when her crew rose and reseized the ship. ^^ Georgia Gazette, April 2, 1795. 6 2 PRFVATEERS IN CHARLESTON, 1793-1796 we learn of an engagement between la Pointe-d-Pitre and the brig Neptune, presumably an American vessel, on January 8 off the west end of Tortuga. Neptune was ordered to Port-de-Paix in Saint Domingue, where her cargo was subjected to the type of forced sale that had become a standard procedure of the French colonial governments and one of growing concern to American merchants. Thereafter I'Ami de la Pointe-d-Pitre vanished under that name. Reappearing at Charleston as I'Egaliie, commanded successively by Captains Pelletier, Pecheu, and De Latre, she operated with indifferent success until the end of 1795.^' Privateersman Edward Ballard paid dearly for his transgres- sions, not only for his participation in the capture of Foriuijn der Zee but for the seizing of his other prizes as well. If he escaped trial for piracy, his career was just as effectively halted by his confinement in debtor's prison. Even the sale of I'Ami de la Liberie, if its proceeds were indeed used to help him, could not meet the damages assessed against him.*° Sinclair left Charleston for Norfolk at about the time that Ballard and Talbot fell afoul of the law, and in July 1794 was again busily engaged in fitting out privateers. The last we hear of Sinclair is that one of his vessels, the Smithfield, was seized after an information was lodged against her by the resident agent of the United Netherlands, Van Berkel. When Sinclair tried to break his vessel out of detention, she was invested by militia and in November 1794 was finally dismantled.^^ 3* Actually, la Pointe-a-Pitre seems to have come under new ownership while at Port-de-PaLx. On February 25 the schooner Egalite entered Charleston and the City Gazette noted that she had captured no less than 19 prizes on her cruise (City Gazette, February 26, 1794). One of these, the brig Everton was sent into Savannah, where a libel was brought by the British consul and his agent John Wallace. The Everton was noted as having been captured on December 21, and that in addition to her cargo, £3,000 sterling had been taken from the prize. The libel stated that PEgalite and la Pointe-a-Pitre were one and the same vessel. The court acted quickly on the libel. At the beginning of March Everton was returned to her owners. An appeal heard in May 1795, reaffirmed the decision of the lower court. ^^ After some years Ballard applied for relief under an act of Congress for the relief of insolvent debtors. Judge Bee, who heard the plea remorselessly refused on the grounds that Ballard's situation arose from the contravention of the treaty with the Netherlands and not from any civil cause recognized by the act. ^' Miscellaneous Letters, 1789-1906, U.S. Department of State, Attorney for Virginia to the Secretary of State, July 11, 13, 16, 29, November 27, 1794. ahle^A THE PALATINATE CHALLENGES UNITED STATES NEUTRALITY A NASSAU NEWSPAPER NOTED AT THE END OF MAY 1794 that more than 12 privateers, fitted out and commissioned at Charleston, were enjoying considerable success in capturing English and Spanish prizes, and somewhat anxiously observed: Now that the situation of Affairs in the West Indies can admit of a part of the naval force in''that quarter being detached on other service, we trust the depredations on the British trade committed by these French American privateers, will be one of the first objects to attract the attention of our Admirals.^ But the breathing spell for the British in the West Indies was too short to admit of detaching the hoped-for force. On June 2, just when they seemed to have gained control of the Carib- bean and, according to the Reverend Bentley, a rush of shipping was clearing United States ports to take advantage of West Indies trade prospects, a small French expeditionary force under Representant en Mission Victor Hugues had stormed ashore at Cosier on Guadeloupe's Grandeterre. The British gar- rison, plagued by fever, and its high command demoralized by bickering and indecision, was outmaneuvered, outfought, and cut to pieces by the savagery of the French attack. Before the rubble of Pointe-a-Pitre stopped smouldering, Hugues began to rebuild a French stronghold in the Caribbean. ' According to the City Gazette, July 1, 1794, in a story datelined Nassau, New Providence, May 27. 294-341 0^69 6 64 PRFVATEERS IN CHARLESTON, 179 3-179 6 For this effort naval and merchant shipping were essential. But except for the two frigates and three transports that had landed his force at Guadeloupe, not a single French naval unit above the rating of a corvette was to be found in the Caribbean, and the British control of the Lesser Antilles had eliminated French merchant shipping there. Here it must be ^recalled that when the great French grain fleet left the Chesapeake in April 1794, France had ordered every available man-of-war to sea to meet and escort the convoy through the British blockade. Although the convoy successfully reached France, the sea battle (known as the Glorious First of June) between a British fleet seeking to intercept the convoy and the French covering force resulted in a crippling blow to France's naval power which took many years to repair. There- after France had to husband her strength for the multifarious demands in French home waters, and especially to mount offen- sives against England. Naval needs of colonial areas were per- force unheeded and so it was that Victor Hugues could count on little aid beyond the infrequent appearance of French naval units on special missions. Compelled to build his own striking force, he fell back on the classic solution of Caribbean sea warfare, the privateer. The ships necessary to supply the French stronghold were assembled by the simple expedient of capturing British merchantmen. The cargoes of such prizes met his immediate needs for supplies and weapons, while surplus cargoes thus obtained were traded off to neutrals for additional supplies. Prizes suitable for privateering were quickly commissioned and sent out on cruises. Hugues' successful assault on Guadeloupe and the energy with which he exploited his opportunities was directly responsi- ble for saving Saint Domingue from complete collapse. And within six months of the French landings there he had set up a system of agencies in the neutral Swedish and Danish islands that was later to be expanded to the leading ports of the United States. The British, again faced with an active French base in the heart of the lesser Antilles, were forced to abandon the coup- de-grdce they had prepared as a follow-up to their capture of Port-au-Prince on June 5. Meanwhile, the French area commanders on Saint Do- mingue, relieved from immediate threat of invasion and, co- incidentally, from the meddling of the commissioners Sontho- nax and Polverel (who had been recalled to answer to charges of maladministration), managed to iron out their differences _£ cnarli'incnt > e la Guayelouni f^V: CARTE MIlil'lWailK DRKSSKK POVn I.K S IT K ^ CI I.-Tul,U;.u()oluM-l\lc ilonK.iidliiiifi.i CI lli.d.Ti.-. .1.- (it'.-. , for a short time. General Etienne Laveaux was named Gover- nor ad interim of Saint Domingue and supreme commander of French forces in the colony. Together with Toussaint I'Over- ture, whom Laveaux wooed away from his alliance with the Spanish and whom he had made commandant of the Western Cordon, Laveaux succeeded in bringing a degree of stability to the northern part of Saint Domingue. The capture of Jean Rabel in April 1794, and offensive actions against the Spanish invaders had been followed by the clearing away of much of the ruins in the vicinity of Grande Riviere and the reinstitution of a semblance of the old plantation economy. Laveaux like Hugues, was in desperate need of supplies of all kinds to carry out op- erations against the Spanish and the British by land, and he turned to Charleston as a principal source of supply for food, Manuscript map, 1797-1798, of "Departement de la Guadeloupe, An 6^^. Carte Militaire dressee pour le site et le Tableau Gene- rale des Fortifications et Batteries de Cotes." From Archives de France Outre-Mer, Paris, trans- ferred to Archives Nationales. gg PRIVATEERS IN CHARLESTON, 1793-17 96 munitions, and also that most essential element, the bottoms to carry the cargoes as well as to strike out offensively against France's enemies at sea. In Chadeston, Laveaux's appeal for aid, supported by the organizing ability of vice-consul Fonspertuis, called forth an enthusiastic response from privateersmen, outfitters, and the sizable membership of the democratic societies. By midsummer 1794 an organization known as the Council for the Repubhc made its appearance under the leadership of the consul and had assumed the role of agency for the collection and forwarding of supplies of all descriptions to Port-de-Paix.' Laveaux, im- pressed by the importance of the Council to his war effort, sent his personal representative Pressinet as deputy and adviser to aid Fonspertuis. The latter in turn sent Pressinet to Philadelphia to make a first-hand report to Minister Fauchet on the state of affairs in Saint Domingue. This resulted in an emergency ship- ment of 1,600 barrels of flour to replenish the exhausted ware- houses of the colony, and Philadelphia and Baltimore agents and merchants soon thereafter extended credits for further shipments of provisions.^ But as important as were foodstuffs to the renewed effort of the French in the West Indies, even more essential were the munitions of war—cannon, powder, muskets, and shot. And most essential was the need for fast- sailing, well-armed vessels, for, as Victor Hugues had demon- strated, by means of them the other essentials could be summoned into existence. It was the endeavor to clear out shipments of arms and vessels to the resurgent French in the West Indies that brought about a new confrontation between United States national policy and French imperatives in the Caribbean. The war tension in the United States that marked the period from January to May 1794 had revealed, as the country was can- vassed for contractors able to supply cannon, shot and shell, and 2 Le Moniteur Universel, June 5, 1795, quotes a letter from Roger, aide-de-camp of General Laveaux to Pressinet, deputy to the consul at Charleston, that refers to Pressinet's activities at Charleston and his visit to Philadelphia and also to a visit to Port-de-Paix by "le digne republicain" Carvin, and that notes the receipt of Fauchet's shipment of flour. By context the letter may be dated between the middle of July and middle of August. Except for this reference, no further informa- tion about the Council for the Republic has been found in contemporary news- papers, but it may be supposed that the Council was an organ of the Republican Society. 3 CABON, Histoire de Haiti, vol. 4, pp. 118-122. 2 4: PALATINATE CHALLENGES NEUTRALITY 6 7 ship timbers, an appalling lack of any of these essentials of national defense. Consequently, measures were undertaken to conserve what arms were in existence and to encourage the im- portation of the raw materials needed to put the country's de- fenses in some semblance of readiness. One such measure was the Act of May 22, 1794, that placed a one-year embargo on the export of cannon, muskets, pistols, bayonets, cutlasses—in short, on the entire range of arms and armament. An exception was made for the arming of vessels, but if the value of such an arma- ment exceeded 400 dollars, the articles were to be forfeited and the vessel subject to seizure.* This Act was followed on June 4 by another titled "An Act in Addition to the Act for the Punishment of Certain Crimes against the United States," ' which, although primarily aimed at closing the loopholes in the Neutrality Act discovered and used by those fitting out belligerent privateers in American ports, also reinforced the decisions of the Supreme Court ren- dered at the beginning of 1794 and neatly complemented the Act of May 22. It clearly stated that fitting out a vessel or pro- curing one to be fitted out or the issuance of a commission to one within the jurisdiction of the United States for the purpose of privateering ^vas to be punishable by the forfeiture of the vessel concerned, a fine of 5,000 dollars, and a jail term of three years. It further stipulated that any increase or augmentation of armament was unlawful, as was adding to the number and size of the guns, or the addition of equipment "solely applicable to war." On July 22 The City Gazette quoted for the benefit of readers who might be interested what was meant by "augmentation of armament" according to the Secretary of War: The mounting of additional guns, or changing or altering the calibre of guns in any manner whatever; the making of new gun carriages, or the cutting of new portholes in any part of the vessel, are adjudged to be unlawful augmentation of force, and is therefore to be prevented. Much as these Acts hindered the French in their acquisition of weapons for the colonial war effort—this at a time when the tide of British success in the Caribbean seemed to have been halted—a regulation of the Secretary of War, at first not fully appreciated, posed an even greater obstacle to exporting fully armed vessels: * U.S. Statutes at Large, chapt. 32. 6 Ibid., chapt. 50. 68 PRIVATEERS IN CHARLESTON, 1793-1796 The United States being a neutral nation, the vessels of their citizens, in most cases do not require to be armed. To guard against any abuse, no vessel belonging to any citizen of the United States is to be permitted to be armed and sail until after all circumstances concerning her shall have been transmitted to the President and his decision thereon be made known.® This restrictive legislation and the regulations imposed by the Federal Government were met by redoubled ingenuity on the part of Charleston privateering entrepreneurs and arms exporters seeking to evade them. In this, they were aided by conveniently near-sighted officials and by merchants resentful of interference in a lucrative trade. British Minister Hammond, writing in 1896, alluded to that resentment as basic to the Government's lack of success in preventing the outfitting of French privateers: Indeed, Mr. Chase, one of the Federal judges, gave it as his opinioh that the citizens of the United States had a right to build and equip ships of war as an article of trade, and to dispose of them to either belligerent powers without any breach of neutrality, provided that none of them were in any manner concerned in them after they became cruisers.'^ The evasions devised by the privateersmen were many, of which some are revealed in the correspondence of British consul Benjamin Moodie and in records of the lawsuits he instituted. One means of procuring armed vessels, as we have seen, was to capture the enemy's armed shipping. These vessels could be made available for the Caribbean war effort with minimum delay, provided that no attempt was made to alter them in a manner conflicting with the new United States Government regulations, and also provided that the captor's legal position was in good order. The latter provision was very often a real obstacle, however, for the pedigrees of French privateers were closely scrutinized by the British consul and his agents as well as by the agents of His Catholic Majesty. Because so many of the French com- missions were of doubtful validity, the predilection was strong for consular officials, masters, and supercargoes to interpose "shotgun" libels against prizes based on a claim of illegal cap- ture. Also a fertile ground for libels were the still largely unin- terpreted treaties entered into between the United States and the sovereign of the country of origin of the captured vessel. Prizes libeled on this basis could be tied up over an extended 6 The City Gazette, July 22, 1794. 7 BCC, p. 607. 6 4: PALATINATE CHALLENGES NEUTRALrTY 69 period pending htigation, and many appeals were taken as far as the Supreme Court. Benjamin Moodie, for his part, under- took to enter libels against prizes brought in by French raiders as a pohcy of harassment, without regard to the fact that pen- alties were often assessed for failure to make an adequate case. Another and generally preferred means of acquiring armed vessels was to purchase ships of American registry already armed, such as those that had been set up in American yards as privateers when war with England was threatening. Tapping this source of supply had its risks, especially after promulgation of the Acts of May and June 1794, but the number of ready- built American vessels equipped as raiders was such that a brisk market was open to the privateer entrepreneur and ex- porter. A notable example of such a sale was the new brig Pulaski, built by the New York yard of Rivington for the Charleston firm of Cross and Crawley, which arrived at Charleston on November 24, 1794, and was immediately put up for sale.^ This "remarkably fine vessel" as Moodie termed her, was "sold to some Frenchmen for 18,000 dollars." She pre- sumably needed little if any work done to her and after several metamorphoses, as noted below, she reappeared as the French National vessel le Brutus Frangais, (ex- le Pichegru, see p. 84) .^ The majority of vessels, however, whether bought or captured, needed refitting in some degree to ready them for cruising, and hence their owners tended to become entangled in United States laws. The history of the privateer brig le General Laveaux illus- trates the procedures and some of the complications that de- veloped in fitting out purchased privateers. This raider started hfe as the American brig Cygnet. As was true of the Pulaski she had been laid down as a privateer during the war scare.'" She was purchased by the privateer agent and local merchant Abraham Sasportas and Jean Gaillard,^' a former chief officer in Garvin's I'Industrie. Between the middle 8 The City Gazette, November 24, 1794. " Moodie provides this identification in his letter to Phineas Bond dated December 17, 1794 (see BCC, p. 601). '0 Unless otherwise noted, information pertaining to le General Laveaux is derived from British Consul v. ship Mermaid in BEE, Reports, pp. 69-73. " Not connected with the Charleston family of the same name that owned the wharf where much of the ship conversion took place. A brief biography of the man appears in Theric's Memorial. 70 PRIVATEERS IN CHARLESTON, 179 3-1796 of May and the end of June 1794, Sasportas personally directed the work of fitting her out. This entailed, in essence, a recon- version to her warlike origin, rather than the conversion of a merchant ship into a warship, for her original gun ports had been "nailed up and caulked in" outboard, while inboard over the stanchions a ceiling had been installed which effectively masked the ports from view. (It was later stressed, however, that from outboard the old gun ports were clearly defined.) The partners ripped off the inboard ceiling and the outboard plank- ing, and opened her old ports as they had been built. Her quar- ter deck was removed and "rotted timbers and planks were replaced." '^ Moodie watched the proceedings carefully and kept the col- lector of customs advised. In return he was assured that the vessel would be detained. At about the time the embargo ended, Cygnet was reported to have been sold to one Ladevize, an American citizen. With her name changed to le General Lave- aux, her clearance for Port-de-Paix was sought. At this point the collector of customs seized the vessel. She was subjected to an intensive examination, her guns were landed, and her hold was searched for "warlike instruments." Nothing was found, but the new owner was forced to reseal the recently opened gun ports, after which, with no further grounds for detention and over Moodie's protest, le General Laveaux {ex-Cygnet) was allowed to go to sea, since she made no pretentions to being a privateer. If Moodie is to be believed, le General Laveaux's guns were somehow repossessed and sent out to be loaded on board the brig when she had cleared the bar. The lightering service was performed by none other than William Talbot in I'Ami de la Pointe-d-Piire.^^ Every indication points to the fact that le General Laveaux proceeded to Port-de-Paix and there picked up her commission; in subsequent court proceedings no question was raised as to its validity. Upon her return to Charleston, accompanied by the British prize Mermaid, the legality of her outfitting was tested by a libel filed by the British consul. In the ensuing trial Judge Bee '2 The fact that the vessel contained bad timber although she could not have been above six months old at the time presents an interesting commentary on the quality of material employed in order to get a privateer to sea in the shortest possible time when war threatened. " See p. 57, above, on the arming of I'Ami de la Liberie (BCC, Moodie to Miller, November 28, 1794, p. 600). 4: PALATINATE CHALLENGES NEUTRALITY 71 heard "various and contradictory evidence" much of which, he said, he would have rejected if both parties had not "intimated an intention to appeal." The libel charged that le General La- veaux was a French vessel when she sailed from Charleston; that she was fitted out for war in Charleston and that her crew, for the most part, was American. The respondents Sasportas and Gaillard " denied the libel in all its points. Any question about the legality of the transfer of le General Laveaux's registry was quickly resolved when the respondents produced a bill of sale and testimony from the collector of the customs which acknowl- edged that the ship's register had been delivered up legally and that Cygnet's bond was duly surrendered with the change of nationality of the vessel. Ship Recovery built by Retire Becket for E. H. Derby in 1794 for use in the East Indies trade. Vessels like this were much sought by the French because little al- teration was required to make them powerful privateers. She could have carried 18 guns. Cour- tesy the Peabody Museum of Salem, Massachusetts. ^* The fact that Sasportas and Gaillard answered the libel seems at first to give point to Moodie's charge that the sale of Cygnet had been rigged (BCC, Moodie, to Bond, April 28, 1795, p. 602). 72 PRIVATEERS IN CHARLESTON, 1793-1796 The work on le General Laveaux was readily admitted, but the respondents maintained that it was not illegal: the vessel had been originally built as a private ship of war in anticipation of hostilities with Great Britain, and she was merely being re- stored to her original condition rather than in any sense being converted to a warship from a merchant ship. Was it then, illegal to arm the vessel? Bee decided it was not: The laws of neutrality and nations in no instance that I know of, interdict neutral vessels from going to sea armed and fitted out for defensive war. All American Indiamen are armed, and it is necessary that they be so! ^^ Judge Bee's reasoning seems eminently clear when we recall that Cygnet was sold with her armament as part of her "furni- ture and equipment." Thus, as le General Laveaux she retained every right to proceed to sea armed. In many respects the Secre- tary of Treasury's circular letter which had played such an important part in the release of Garvin's I'Industrie from deten- tion at Baltimore a year earlier, again became pertinent. There could hardly have been a question of doubt as to whether le General Laveaux's armament was offensive or defensive, and hence the vessel could not be deprived of her ordnance. The applicability of the two Acts of Congress, particularly that of June 5, 1794, was also assayed. The alteration and refitting of the vessel might have been made pertinent except that the work had been completed prior to the latter Act. The charge that the vessel was manned by Americans could not be substantiated over the denial of the respondents, for the bar pilot who took le General Laveaux to sea testified that her crew of about 40 men "were all outlandish" and only one of them seemed to be able to speak English. Alluding to the alleged infringement of the Act of May 22, Judge Bee considered that the action of the collector in search- ing the vessel, in taking off her armament, and in causing her ports to be restored to their former condition was itself sufficient. The vessel, after all, was still American and there could be no justification in rendering her useless to her owners. As for her being rearmed by le Pointe-d-Piire outside the bar that evidence was held to be hearsay. Finally, since there was no question of the prize having been taken anywhere but on the high seas, Judge Bee dismissed the libel and levied costs against the libelants. >=BEE, Reports, p. 71. 4: PALATINATE CHALLENGES NEUTRALITY 73 Moodie raged against the decision. He complained of the depravity of witnesses who gave evidence "upon oath contrary to their own knowledge" and insinuated that Bee showed a dis- tinct anti-British bias.'' Although plagued by a shortage of funds to stoke his legal backfires, Moodie was aware that it was essen- tial to appeal the decision of the District Court if the four other prizes made by le General Laveaux subsequent to the capture of Mermaid were to avoid the same fate.'' He therefore wearily requested instructions as to whether he should proceed to the next higher court, scheduled to meet in Columbia, South Caro- lina on May 12. As for the ship Phyn, another of le General Laveaux's prizes, which had been sent into Charleston on Feb- ruary 26, 1795," Moodie felt she was not even worth libeling if they were not ready to take her case to the Circuit Court as well: "We can expect little from the District Court." " The fitting out of le General Laveaux was only one of many such operations. They followed the same general pattern, but some of the variations are of interest. The San Jose, the same vessel that was captured by Jean Bouteille and was featured in the trial Castello v. Bouteille et al., was also fitted out for a raider. The San Jose's rig was altered while she was alongside a wharf and when all was ready she was warped out into the harbor and anchored just within the bar. There, just prior to sailing, her quarter deck was razed, gunports cut in, and her guns mounted. Bouteille brought off the job with- out let or hindrance of the authorities.'" i«BCC, p. 602, Moodie to Bond, April 28, 1795. In relating Judge Bee's sum- mation of the evidence Moodie wrote, "The judge said previous to the promulga- tion of the law of June 5 . Sasportas or any other citizen of the United States, had a right to arm their vessels for self-defense, and that the general unanimity then prevailing . to obtain redress for depredations committed by the British on their trade had occasioned the arming all along the continent; and that in such instance the arming became meritorious, and that had a war with Great Britain then taken place, he did not doubt but the British West India Trade would have received a mortal wound [Italics supplied]." '^ Among these were Jamaica and la Tendre Mere (apparendy owned by French emigres under British registry), captured in company with the Charleston-based privateer la Mere Michel, and Tivoli. All these vessels had been taken in February 1795 and sent into Charleston. City Gazette, February 10, 16, and March 26, 1795. '^ A monition for the trial of the ship Phya [sic] appeared in the City Gazette, March 3, 1795. The date for the trial was set for March 12. " Records of the final disposition of the Mermaid case have proved elusive. Newspaper notices indicate, however, that le General Laveaux carried on operations well into 1796. 20 BCC, p. 589, Moodie to Miller, November 28, 1794. 74 PRIVATEERS IN CHARLESTON, 179 3-1796 In another case the outfitters employed a bit more finesse in evading the Act of June 5, 1794. At the end of November a brigantine from Port-de-Paix, very possibly le Port-de-Paix {ex-le Vulcan, tx-le Vainqueur de la Bastille), was fitting out at Gaillard's wharf. This vessel was already pierced for 12 guns upon her arrival at Charleston. While alongside the wharf the bulkhead between her raised poop and waist was knocked out and deck beams were fitted from the old break aft to the coun- ter, without affecting the raised poop. Once clear of the harbor the poop stanchions were sawn through at the height of her bulwarks and the structure was heaved overside. Presto! A fine flush-deck privateer. All that remained to be done was to sway on board her guns and take in her ammunition, all of which were lightered out to her.^^ In the frantic search for armed vessels to meet the soaring demand even candidates for the "boneyard" did not escape the attention of the outfitters. One such was the ship le Dauphin of L'Orient which made her appearance at Charleston during the embargo and on May 20 was advertised for sale "for the benefit of the underwriters." At the auction which took place at Mey's wharf on July 23, 1794, she was bid in by Jean Bouteille for an undisclosed sum. A relic of the American War of Inde- pendence, she had been built for the Continental Congress as the frigate Delaware, and in 1777 was captured and entered into the Royal Navy. In 1788 she was sold out of the service to French South Sea whaling interests. What other trades she served during her 17-year life is not known.^^ With a potential armament of 32 12-pounders and 6 6- pounders (her former establishment as a frigate was 24 guns) the vessel would have been a dangerous weapon in the hands of Etienne Laveaux, then exerting heavy pressure on Britain's Spanish ally. Moodie worked hard to keep the old frigate from sailing and apparently enjoyed some success. In a memorial to the National Convention drawn up by "Les Capitaines & Armateurs des Corsairs Frangais en Rade de Charleston," dated "12 Nivose De L'an 3' [January 1, 1795]," complaint was made that al- 21 Ibid., p. 591, December 14, 1794. 22 For further information on Delaware, see H. I. Chapelle, The History of the American Sailing Navy (New York: Norton, 1949), pp. 75, 78, 90. See also adver- tisements in The City Gazette, May 20, June 4, July 21, 23, 1794: in the latter two she was identified as the former Delaware; her tonnage was given as 604. 4: PALATINATE CHALLENGES NEUTRALITY 75 though Captain Bouteille had been most scrupulous in abiding by the letter of the American law, le Dauphin had been placed in detention by "un ordre Arbitraire & Despotique arrive de [President] Wasghinton [sic]." Bouteille, the memorial noted bitterly, had put all the profits from his successful la Sans Par- eille into this patriotic venture which had been designed as a gift for General Laveaux." Rehabilitation of le Dauphin proved to be long and costly but in March it was finally reported near completion, Moodie, under orders to keep a careful tally of the comings and goings of the French raiders, more often than not was kept in a state of bewilderment by the manipulations of the priva- teersmen. On one occasion, in answering a request from Phil- adelphia on the whereabouts of a vessel called la Signoria (sic), he supposed that she had gone in one of Garvin's fleets to Saint Domingue: Truly, what with the increase in numbers and change of name, commis- sions, and masters, it is impossible to trace them; and still more so to obtain such particular information as Mr. Moore requires. Can he be aware of the partiality of the inhabitants, the number of privateers and that they neither enter inwards nor clear outward at the custom-house? ^* At the time of Moodie's letter the Charleston-Saint Domingue shuttle was at its peak. Jean Bouteille and Jean Baptiste Carvin were in the forefront of the privateersmen who had come to the aid of their countrymen struggling against the British and Spanish in and around Saint Domingue by forwarding arms and munitions and by pressing the war along the sea lanes. Garvin's success at privateering is manifest in his sending to sea what amounted to a privately owned fleet to aid General Laveaux in a design against the Spanish stronghold of Montechristi on the north coast of Hispaniola.^^ Bouteille, not to be outdone by 23 Theric in his Etat Nominatif listing the privateers based at Charleston appended a request that Bouteille be reimbursed and aided in bringing about the completion of the Dauphin. Since the Etat was written no later than May 1795, it seems more than likely that Bouteille had undertaken a job too big for his purse. The subsequent career of this vessel is not known with any degree of certainty. 2^ BCC, p. 592. Moodie's problem in identifying La Signoria may be better appreciated from the following culling of Spanish prizes sent into Charleston by French privateers during the period concerned (the spelling is that of the news paper notices): "Z-a Signiora de la ," "Signora Candelero,''"Sigmor de Car ," "La Sinteric," "La Seignorita.'" 25 See Th6ric, Memorial. The strike against Montechristi did not occur, because Carvin fell ill and Laveaux was reluctant to entrust the flotilla to any but Carvin's 7 5 PRIVATEERS IN CHARLESTON, 179 3-17 96 his former partner, forwarded at his own expense both pro- visions de bouche and a variety of munitions to supply Laveaux's forces. Indeed, la Signoria, about which Moodie had been asked by his superior at Philadelphia, was one of Bouteille's vessels. Together with his la Narbonnaise, commanded by the ubiqui- tous Hervieux, it was part of one of the flotillas which carried an extremely valuable cargo of powder and arms to Port-de-Paix in the last half of November. The provenance of the powder and the chain of events and complications which surrounded its dispatch to Saint Domingue constitute an episode difficult to equal for the number of facets it displays of French privateering operations out of Charleston. The north coast of Cuba had been a favorite cruising ground of the French privateers since the outbreak of the war. Havana was the cynosure of Spanish colonial trade and at that port all cargoes were consolidated for the run to the Iberian Peninsula. This pattern of traflfic was as old as the Spanish empire on Tierra Firme. Between June and December 1794 shipping began to converge on Havana from Caracas, Cartagena de las Indias, Vera Cruz, Campeche, Florida, Santo Domingo, and Puerto Rico, carrying royal treasure and private cargoes for the eastbound convoy. In June, Don Gabriel Aristizabal, Lieutenant-General in command of Spain's naval forces in the Caribbean, set up his headquarters at Havana in order to repair and refit the escort force for the home-bound fleet. Plagued by epidemics of fever in the two squadrons based on Havana and by the devastation of one hurricane which struck on July 22 and another which played havoc with a fleet of merchantmen en route from Vera Cruz, Don Gabriel found himself seriously short of men, arms, muni- tions, and supplies of all kinds. To fill his desperate need he was forced to send out vessels to make levies on every possible source of supply in the Spanish Caribbean.'*^ Towards the end of September 1794 Cesar Peronne, in com- mand of Carvin's 12-gun sloop le Republicain, was cruising the heavily traveled approaches to Havana harbor. He had already taken several prizes when in quick succession, he came into command. Theric notes that involved were ITndustrie, 12 guns; the brig le Sans Culotte, 14 guns; the sloop le Republican; and the schooner la Carmagnole, 16 guns. 26 The details of Spanish naval movements at Havana are contained in "Extracto de las ocurencias diarios de la escuadra del mando de teniente general Don Gabriel Aristizabal ....," Museo Naval, Madrid, Ms. 595, Doc. 1. possession of the British brig Eagle, a Letter of Marque of 14 guns, and the Spanish ship la Trasmerana, of 16 guns, from Vera Cruz for Havana.^^ Upon capturing Ea^/g", Peronne placed on board the British vessel a prize captain and half of le Republicain's crew. The two vessels continued to cruise in com- pany until September 19 when la Trasmerana was overhauled, boarded, and seized. Both prizes were ordered for Savannah where they arrived on September 29."' The cargo of la Trasmerana was a veritable windfall consist- ing of peas, beans, lead, logwood, dried meat, and 842 150- "A Bermudian sloop with a view upon the Spanish Main," three aspects of the same sloop in a West Indian harbor during the last half of the eighteenth cen- tury. Vessels of this type, a favored rig in American and Caribbean waters, often served as privateers. The size and weight of their gear, however, made them less desirable than the schooner. 2' The account of the capture of these vessels is confused. Theric, possibly writing from memory in November 1795, gives the impression that it was Carvin himself who captured Eagle while in command of a new privateer called le Vengeur. However, Theric is alone in associating the capture of Eagle or la Trasmerana with le Vengeur. That vessel does not appear at Charleston until March 1795. Theric also mentions that Carvin had placed Joseph Langlois on board Eagle and that it was Langlois in turn who captured la Trasmerana. Langlois is not mentioned in the libels that were instituted against both vessels. (See Theric, Memorial, if". 212v, 213.) Theric's account is also at variance with that contained in the memorial written by "Les Capitains & Armateurs des Corsaires Frangais en Rade de Charleston . . 12 Nivose de l'an 3^'"^ [January 2, 1795]." "^^ Georgia Gazette, October 2, 1794, announced the arrival of Eagle and la Trasmerana as prizes to le Republicain. The former was noted as mounting 12 guns, from Vera Cruz for Havana "with a cargo of guns, powder, and balls . . ." 78 PRIVATEERS IN CHARLESTON, 179 3-1796 pound boxes of gunpowder, as well as 4,242 Spanish dollars in specie and the vessel's 12 cannon, of unidentified caliber.^^ Al- most immediately upon arrival the privateersmen and their agent, Mordecai Sheftall, began with their usual dispatch to liquidate ship and cargo. It is not clear how much of the cargo was disposed of by the time that la Trasmerana's master man- aged to lodge with the District Court of Georgia, a libel against his former vessel, but from an advertisement which appeared in the City Gazette on October 25, 1794, at least 1,400 pounds of it might have found its way to Charleston. According to the libel, la Trasmerana was not seized by le Republicain but by the brig Eagle, and the presumption was that Peronne was playing William Talbot's game of fobbing off a prize pass as a legal commission. The latter vessel, it was main- tained, had been fitted out at Charleston. The capture was therefore illegal and piratical, and restitution of ship and cargo and damages, were demanded. The libel was followed by seizure of the vessel, and such cargo as remained intact was impounded and duly moved off to a warehouse pending adjudication of the case. The attorney for the captors denied all the allegations in the hbel, insisting that la Trasmerana was a good prize, made by le Republicain, a legally commissioned privateer sloop. As time went by and Peronne failed to show up, tempers began to flare. Privateersmen in both Savannah and Charleston saw in the delay attending the libel hearings on the precious cargo yet another instance of American ill will.^° Nine days later, on October 25, still another of le Republi- cain's prizes, la Princesa de Asturias, a 15-gun brig, entered the Thunderbolt River. The whereabouts of the French privateer was finally learned when, on the same day, the British frigate Hussar, 28 guns, and the sloop-of-war Scorpion, appeared off Charleston bar and announced that they had captured le Re- publicain as well as another small raider.^^ 2» Details of her lading were printed in the libel cited by D. Pedro Trabudua (on November 17, 1794) and printed by the Georgia Gazette, December 4, 1794. Theric reported that Las Tres Meronas (sic) carried 900 chests of 300 pounds each of cannon powder (Memorial, f. 213), while "Les Capitaines & Armateurs" mentioned 105,000 pounds of powder as the lading of the vessel. 3° The outraged "Capitaines & Armateurs" branded the proceeding as "un acte de rigeur et arbitraire en faveur de nos ennemis, les Espagnols." " The City Gazette, October 25, 1794. On January 15, 1795, the Georgia Gazette published, under the dateline "Halifax, November 3, 1794" an account of the taking of le Republicain, "one of the best privateers which, for the disgrace of the 4: PALATINATE CHALLENGES NEUTRALITY 79 It is not certain when Captain Peronne reappeared on the scene; possibly he was one of the French seamen landed from Hussar on the evening of October 25.^^ Moodie gives the im- pression that Peronne was in Charleston on December 17,1794, at the time he wrote his letter to Phineas Bond. He was not, however, one of those who signed the memorial protesting the seizure of la Trasmerana's cargo on January 1, 1795.^^ But if Moodie was correct, Peronne may well have been present at the incident involving the raid on the warehoused powder de- scribed in the memorial of the captains and outfitters: Our brave sans culottes . . . seized from the magazine the amount of powder they could carry on their backs and loaded it aboard the Eagle under the protection of the tricolor. The Americans even took arms to cooperate with our project rather than have the Americans [i.e., their countrymen] turn over to the enemies of our country such a precious cargo under such an iniquitous judgment.^* A search of contemporary newspapers, correspondence, and other records has failed to yield any further information on when and where this serious challenge to the authority of the U.S. Government took place or who exactly was involved. It does seem certain, however, that the crew of the privateer la Carmagnole was involved, and that the incident probably took place between November 1 and 17, for on November 18 the brig Eagle, Latalie, arrived at Charleston from Savannah in company with the privateer schooner la Carmagnole and the prize la Princesa de Asturias. One is led to conclude that after the raid's proceeds had been loaded in Eagle, no time was lost in seeking the more hospitable climate of Charleston.^^ The action against la Trasmerana finally came to trial on January 2, 1795, after having been postponed from its original date of December 4. The indignation, if not the violence, of the privateersmen seems to have been justified, for the Federal Dis- trict Court of Georgia dismissed Captain Trabudua's libel as American government, have been suffered to be fitted out at Charleston." It was reported that she had taken 20 prizes, most of them Spanish, and that she had 33,000 dollars in specie on board at the time of her capture. 32 The City Gazette, October 27, 1794, mendons that some 50 Frenchmen were set on shore and given their liberty. 33 "Les Capitaine & Armateurs ... en Rade de Charleston." The signers of the memorial were H. Gariscan, Guillaume Barre, Alexandre Lory, Jean Baptiste Garvin, Bouteille, and others whose names are illegible. 3< Ibid., translated. 3» The City Gazette, November 18, 1794. 294-34.1 O—69- 80 PRIVATEERS IN CHARLESTON, 179 3-179 6 ■0{(p»WS*«.iX*&:«M. The ship Belisarius of Salem, 1794, was built with an eye toward privateering as well as trade during the Anglo-Ameri- can war scare of 1794. Many such vessels found their way into the hands of French privateering entrepreneurs, and Charleston, South Carolina, did a thriving business in their purchase and sale. From a watercolor copy by M. Macpherson of the original by M. Come. Courtesy the Essex Institute, Salem, Massachusetts. unfounded. Whether costs were also assessed against the libelant is not known."" Without the records of the case one can only wonder what evidence was adduced to cause the District Court of Georgia to throw out the libel of the Spanish vessel, but one can surmise that the libel's flaw lay in the claim that Eagle was fitted out in Charleston, for such certainly was not the case. Perhaps Peronne himself put in an appearance with convincing evidence that he had captured the Spanish ship with le Republicain. Moodie was no more successful with the libel he lodged against Eagle than Captain Trabudua had been with his action against la Trasmerana. Although he managed to tie the vessel up in litigation until early May 1795, she was finally put up for sale at Beale's Wharf,^' purchased by Carvin, and given to Peronne as a replacement for the captured le Republicain.^^ As I'Aigle, she was reported operating, in July 1795 in company with Carvin's le Vengeur, in the vicinity of Crooked Island Passage and the north coast of Jamaica. She continued to appear at Charleston until at least January 1796 when both the vessel and her master were defendants in a law suit brought by the chandlery firm of North & Vesey for payments of supplies delivered to the privateer.^^ 36 Georgia Gazette, January 8, 1795. 37 An advertizement for the sale appeared in the City Gazette, May 12, 1795. 38 As early as December 17, 1794, Moodie, writing to his superior in Philadelphia noted that Eagle was a remarkably fast sailer and that Peronne meant to have her command (BCC, p. 593). 38 BEE, Reports, pp. 78-79, North & Vesey v. Brig Eagle and Caesar Peronne. 4 : PALATINATE CHALLENGES NEUTRALITY g ^ The fitting out and servicing of French raiders continued to be a major concern of privateer outfitters at Charleston until the summer of 1795, despite Benjamin Moodie's best efforts. If the Royal Navy had been able to appear off the port at more frequent intervals, as the already quoted Nassau news- paper (see p. 63) hoped would be possible, perhaps the privateering might have been inhibited at an earher stage. Sub- sequent to the brief visit of HMS Hussar in February 1794, British warships did not make another appearance until mid- August of that year. Thereafter, until the beginning of January 1795, units of Rear Admiral Murray's squadron, including HMS Quebec, the frigates Blonde, Thetis, Terpsichore, and Hussar, and the sloop-of-war Scorpion cruised singly or in units of various size in the vicinity of Charleston and Savannah. Their total effect, beyond infuriating Charlestonians by impressing seamen from the American vessels they systematically over- hauled entering or leaving harbor, seems to have been negligible.^" Hussar and Scorpion, whose visit we have already noted in relation to the capture of le Republicain, had missed an excel- lent opportunity to deal privateering a serious blow by failing to capture the Letter of Marque schooner I'lnirepide which slipped into Charleston the very day the frigate and sloop-of- war arrived, for Jean Baptiste Carvin had come as a passenger in I'lnirepide on one of his regular shuttle trips from Port-de- Paix to oversee the fitting out of two new privateers: the Spanish prize la Princesa de Asturias, taken by le Republicain, and the brig le Pichegru {tx-Pulaski). The latter of these was of great concern to Benjamin Moodie who kept a watchful eye on her progress after her purchase by Carvin. The commander of le Pichegru was Henri Garriscan, a former officer of Carvin's who had commanded I'Industrie during a September 1794 cruise."*^ As an associate in le Pichegru he had taken extreme care in fitting his vessel for sea. When his ^^ A Letter of Marque from Guadeloupe, the schooner la Liberie, was delayed from leaving port between August 22 and September 14, 1795, when she made a dash for sea (see. City Gazette for that period of time) and the privateer la Montagne was brought to bay off Edisto while two of her prizes were chased ashore (City Gazette, April 18, 19, 23, 1794.) " Garriscan held a provisional grade of Lieutenant de Vaisseau in the French Navy, issued by General Laveaux. He was to become a successful privateer com- mander and his le Pandour became known to American seamen in the Caribbean during the Quasi-War with France. 8 2 PRIVATEERS IN CHARLESTON, 179 3-179 6 request for clearance was denied on the grounds that it con- travened United States neutrality laws, and three separate searches yielded nothing to substantiate the charge, Garriscan became righteously indignant.'' After he had fumed to Fons- pertuis about his perishable cargo, the consul finally managed to have the ship cleared out for Port-de-Paix. But Moodie, who was responsible for lodging the information, was again able to delay the sailing of the vessel until HM frigate Thetis once more showed up off the bar. It was not until the end of the first week of January 1795 that le Pichegru managed to slip out to sea. Between January 1795, when le Pichegru sailed, and the be- ginning of July 1795, the outfitting of French privateers reached its peak of activity. It was a particular time of trial for consul Moodie as well. Added to the frustrations he was suffering in the U.S. District Court, and the dark suspicions that he har- bored about the good will of State and Federal officials in carry- ing out the impartial enforcement of United States neutrality laws, was the worry about the seamen from captured British merchant ships turned loose on the town. It was important to keep these men at hand as witnesses for cases in litigation, and this drew heavily on the slim contingency fund Moodie used to fight the French raiders in the law courts. If these seamen were not subsidized they would readily sign on with the French raid- ers, lured by the prospects of prize money or merely to keep from starvation in the streets, since no international convention pro- tected them.'^ On the other hand, the predilection of seamen of whatever nation to go privateering under whatever flag, was used by Moodie to good effect, for it enabled him to plant spies among the privateersmen and obtain intelligence of plans being hatched and learn what vessels were fitting out as raiders.** Early in March 1795 Moodie was confronted by a particu- larly vexing situation. A very valuable Jamaican merchantman ^2 "Copie de la Petition addressee au Citoyen Conssul [sic] par Gariscan, capitaine du navire Le pichegru," dated "Charleston le 11 nivose L'an 3*™® [December 31, 1794]." ^3 Public Records Office, London, 133 Foreign Office 55/11, Moodie to Murray, Charleston, April 25, 1795. Moodie refers to the inadequacy of the subsistence guaranteed to seamen of the Royal Navy—9 pence per diem as not being "sufficient to buy firewood in this expensive place." ** Ibid., Foreign Office 97/98, March 12, 1795. This letter contains material on the French privateer cited below. 4: PALATINATE CHALLENGES NEUTRALFTY 83 had put into Charleston for emergency repair and was ready to proceed on her voyage. How was he to get her safely to sea, with the approaches to the port infested by prowling raiders and with five other raiders lying in the harbor apparently ready for sea at a moment's notice? Two of those in the harbor were notably successful privateers: Alexander Bolchos' la Parisienne, "remarkably fast and manned by Desperadoes of all Nations," and la Mere Michel, a medium-sized schooner of 50 tons but carrying a very heavy armament of 12 to 15 guns.*^ The three other raiders, newly ar- rived, included le Courier National, mounting 16 guns, copper bottomed, and "a fast sailer though an old vessel," *^ and "a 14- gun Bermuda-built ship which had formerly been a Spanish Packet," painted black with a head and galleries. Moodie was impressed by the detail that her iron guns "were painted green to represent brass." This vessel, of course, was Carvin's prize la Princesa de Asturias.*^ The third vessel was the old frigate le Dauphin {ex-Delaware), mounting between 24 and 32 guns; Bouteille had managed to work his way out of his troubles with the port authorities (see p. 75) and had completed the repairs to her, which earlier had been halted. Moodie commented par- ticularly on her "very much altered appearance." The upper deck had been entirely razed, her old ports had been opened and her old head and quarter galleries removed. She was paint- ed a funereal black. Moodie then observed without further com- ment that the work had been done "with a view of making her look like a Collier or a North Country built ship." *^ " Ibid. Considering her size, the reported armament is improbable. La Mere Michel was a relative newcomer. It is not certain that she was fitted out at Charleston but she was certainly owned there. She arrived at Charleston March 1, 1795, after having sent in the British ship Eliza of Jamaica (City Gazette, February 10, 1795) and, in partnership with le General Laveaux, la Tendre Mere (ibid., February 16, 1795). An Edenton, North Carolina, newspaper reported the raider's arrival at that port on February 2 and that she had taken 2 ships, 2 brigs, 2 schooners, and 1 sloop (ibid., February 16, 1795). " BCC, p. 593. Moodie refers to her simply as the "Courier of Liverpool." This vessel had been taken prize by the privateer le Port-de-Paix and her tender le Petit Port-de-Paix in October 1794 and brought into Charleston on October 24. Within one week she was condemned, and hull and cargo were put up for sale. (The City Gazette, October 24 and 30, 1794) Moodie libelled the prize and succeeded in delaying the captors until January 1795, when his suit was dismissed with costs (BCC, p. 590). " See above, p. 79. " Such disguises were not uncommon. In this instance it is conceivable that it 84 PRIVATEERS IN CHARLESTON, 1793-17 96 Moodie may well have asked himself, did these vessels make up another Saint Domingue shuttle fleet, such as those which had been dispatched with provisions and powder earlier, or did the unusual features presented by these vessels portend another use? These questions, when compounded with rumors of the imminent arrival from Port-de-Paix of the former British frig- ate Hyaena,^^ which had been refitted under the tricolor at Port-de-Paix, must have made the situation seem most threatening. On March 12, Moodie addressed a dispatch to Rear Admiral Murray in HMS Cleopatra, thought to be cruising in the vicin- ity, or to the first of His Majesty's ships that could be found, and sent it to sea in a chartered pilot boat under a Mr. Giles. The dispatch requested that a British man-of-war be sent to escort the Jamaican merchantman across the Gulf Stream. He also apprised the admiral of the situation in Charleston, saying that his spies had informed him that the French privateersmen were threatening to kill British prisoners. Admiral Murray would be well advised, wrote Moodie, to question prisoners from French privateers closely on this matter. There is evidence that a British warship did come to Moodie's aid and that the Jamaican got off safely to sea. As for the raiders, if a joint operation had been planned there is no evidence that it was carried out.^" But for Moodie the respite was brief; on April 8 le Pichegru, now named le Brutus Frangais, was once again in Charleston armed with 16 6-pounders and 2 car- was planned to slip Delaware into a British convoy under the cover of night to await a favorable opportunity to make a strike. Privateersmen often resorted to disguise to throw off inquisitive enemy men-of-war while sailing under a neutral flag. Rigs were often altered at sea, and Garriscan's le Pandour appeared as a blacksided schooner from one side and a yellowsided schooner from the other. ^9 On March 19, 1795 the City Gazette published a letter from Port-de-Paix to Fonspertuis which told of the French victories in the Caribbean and stated that the corvette Hyaena would be ready to sail for the continent within 20 days. '" Le Dauphin (ex-Delaware) seems finally to have put to sea, bound for Port-de- Paix. La Mere Michel cleared out toward the end of March on a 30-day cruise (Georgia Gazette, May 7, 1795) and returned with the British 6-gun ship Phoebe and the brig Tivoli as prizes. A subsequent cruise ended in her capture in late June by a New Providence privateer of 20 guns (Georgia Gazette, July 16, 1795). La Parisienne continued her successful raiding career, accounting for at least 14 prizes between the time she sailed in mid-March and December 1795, when it was her misfortune to run ashore and break up on Wading Key. (City Gazette, January 4, 1796). Le Courier Nationale apparendy cleared Charleston toward the end of March and made for Guadeloupe to take part in Victor Hugues' campaign against the PALATINATE CHALLENGES NEUTRALFIY 85 ronades, bearing a Saint Domingue commission and still under the command of Garriscan.^^ Le Brutus had proved her worth during a 30-day cruise by capturing 9 prizes. Nearing Charleston on April 6, Garriscan met with and engaged the Bermudian privateer-ship Sir Charles Grey, Daniel Morgan, armed with 16 12-pounders. This vessel had been lurking about the approaches, intercepting French prizes bound in for that port. One of these was Garriscan's prize, Alfred, which had been run ashore while attempting to cross the bar. If the engagement had been inconclusive, at least the Ber- mudian was sufficiently damaged to force her to draw off and abandon further harassment of the French raiders.^' Le Brutus' return to Charleston was in reality a waystop dic- tated perhaps by the need to consult with the vessel's agent about the disposition of prizes and to transact business with Carvin, whose latest privateer, la Princesa de Asturias, was being readied for sea. On April 21 the two vessels sailed in com- pany and within two days after their departure they ran into a force of four British warships, two ships-of-the-line and two frigates, perhaps the very vessels which Moodie had sent Giles' pilot boat to pursue, more than a month before. The two Frenchmen parted company, each chased by a frigate and a 74. After three days and three nights, le Brutus gave her pursuers the slip after heaving over the side four guns and taking to her sweeps. When Garriscan arrived at Philadelphia he wrote back to Charleston of the incident and expressed the opinion that Carvin must certainly have outrun his pursuers, since la Princesa British islands. On July 3, 1795, the City Gazette carried the news of her capture off Guadeloupe by a British frigate after an obstinate engagement. " From what can be gleaned of her activities in the vicinity of Philadelphia in May and still later in New York, le Brutus seemed to be acting more in the capacity of a naval auxilary than a privateer. Her movements between the United States and the West Indies indicate that she might have been used in carrying dispatches. " Two of le Brutus' prizes—the Spanish schooner Santo Christo de la Caridad, Montechristi for Havana, and the polacre Nuestra Senora del Carmen, Barcelona for Havana—were reported as entering Savannah (Georgia Gazette, April 9); two others, Spanish slavers, were reported as having been ransomed for 41,000 dollars. Alfred was refloated on the next tide and taken up to Charleston, where Moodie libelled her on the grounds that le Brutus had been fitted out at Charleston. Bee found for the respondents. When Moodie brought the case to the Circuit Court, the judgment of the lower court was confirmed, and then carried it to the Supreme Court, where once again the decree of the lower court was confirmed. (See Moodie V. the Ship Alfred, 3 Dallas 307 (1796).) 86 PRIVATEERS IN CHARLESTON, 179 3-1796 ■m. This painting by Mesnier the elder, is dated 1793 and identi- fies the French privateer I'Aven- ture, Captain Reynaud, over- hauling the Philadelphia ship Pigou, Captain Jacob Lewis, laden with wheat for Mauritius, in 1793. From the original in the J. Welles Henderson collection. Courtesy of the owner. handily outsailed his vessel.^^ Le Brutus sailed south from Phila- delphia for the West Indies where Garriscan became involved in Victor Hugues' effort to carry the war to the British. Except for a single call in January 1796, le Brutus never put in at Charleston again. As for la Princesa, Garriscan was right about her escape. She reached Port-de-Paix and quickly emerged as le Vengeur de Sans Culottes, or, more simply, le Vengeur.^^ She was reported as operating in the vicinity of Crooked Island passage on May 21, 1795, in company with another of Carvin's privateers, la Carmagnole, a schooner of 8 guns, commanded by Captain Lory,®^ and shortly thereafter the two vessels were reported 53 City Gazette, March 30, 1795. Extract of a letter from Garriscan in Philadelphia. While at Philadelphia, the crew of le Brutus on May 30 became involved in a fray with some workmen at a ropewalk. Garriscan took the occasion of a city magistrate's dealing with the rioters to deliver some unflattering observations on American hospitality. These were printed in the City Gazette, June 22, 1795 (datelined Philadelphia, May 30). 5* Two other Vengeurs seem to share the scene, one being referred to as le Vengeur de Risque-tout, the other simply as le Vengeur, both of which called at Charleston and Savannah. Of these, the first seems to be identifiable with Carvin's vessel. The second appeared after June 1795, the month in which, it has been established, Carvin's vessel was set afire in the Bahamas. 55 La Carmagnole made her appearance at Charleston first on November 18, after having participated in the affair oi la Trasmerana's cargo (see above, p. 79). She was one of Carvin's most successful investments and made use of the port of Charleston well into 1796. cruising off the north coast of Jamaica between Port Maria and Orracabella in plain sight of shore. According to a letter re- counting the capture of the British ship Hero by the two priva- teers, "they both intended to follow the [Jamaica] convoy through the gulf, as they tell me, which I have not the least doubt of, for they seem to be perfectly acquainted with the situ- ation of the island." '^ The magnet that drew the French privateers away from Charleston by the summer of 1795 was, of course, the opening up, in the very heart of the Caribbean, of new privateering op- portunities brought about not only by the revival of offensive Detail of this handsome painting, which is possibly unique for the period 1793-1802 in its represen- tation of a sharp-built privateer schooner of uncontestably Ameri- can design operating under the French flag. " Georgia Gazette, August 6, 1795: "Extract of a letter from aboard HMS Sloop of War le Serin [sic]. Mole St. Nicholas, May 30, [1795]." Hero never did reach Charleston, for she was run ashore on the Isle of Pines through an error of naviga- tion by her prizemaster (Georgia Gazette, July 30, 1795). Two other prizes taken 88 PRFVATEERS IN CHARLESTON, 1793-1796 Strength in Saint Domingue under Laveaux and Andre Rigaud, who was in command of the Department of the South, but, more fundamentally, by Victor Hugues' expanding operations in the Lesser Antilles. These, as we have noted (p. 64), had temporarily paralyzed Britain's war effort throughout the Caribbean. Even before the final evacuation of Guadeloupe by the British in December 1794, Victor Hugues had gone on the offensive. A small reinforcement from France temporarily allowed him to send out combined flotillas of warships and privateers to harry the approaches to the Caribbean from the latitude of Barbados to Puerto Rico. Britain's hard-worked Caribbean squadrons were accordingly thrown off balance, and her forces were held to the defensive well into 1796 by interminable delays caused by mismanagement and a series of disasters involving reinforce- ments from England. On March 2, 1795, after a carefully prepared campaign of subversion had been launched throughout the British islands of the Caribbean and in Spanish Trinidad, Hugues' storm— which the British called the Brigand's War—broke over the West Indies. A series of insurrections flared on island after is- land, leaving confusion and terror in their wake. Grenada, lying close to the chief British staging area at Barbados, was the first target. There, as at other islands, local insurrectionaries were joined by French expeditionary forces carried by privateers from Guadeloupe. Three days after the outbreak at Grenada, St. Vincent flared up in revolt. The Caribs, long discontented with British rule and carefully propagandized by Hugues' agents were reinforced by French troops and arms and ammunition ferried over to them under the cover of night by privateers. St. Lucia was taken under attack on April 1 and the entire island passed into French hands when the last of the British garrison was evacuated on June 19. To increase the confusion among the British and their French royalist allies, Hugues bombarded the entire Antilles with from the convoy, however, did reach Charleston about July 12, the brigs Kingston and Potowmac (Georgia Gazette, July 16, 1795). These were preceded by the arrival oile Vengeur and la Carmagnole at Savannah (Georgia Gazette, July 2, 1795). Potowmac was subsequently libeled, and as late as March 23, 1796, Phineas Bond, British charge d'affaires at Philadelphia, wrote that the Supreme Court had continued the Potowmac case and that the counsel was not sanguine about the outcome (BCC, Annex 7, p. 621). For reasons unknown, Kingston's capture was not disputed in court. 4: PALATINATE CHALLENGES NEUTRALITY 89 promises of emancipation to the slave populations and blood- curdling proclamations threatening reprisals for any Republi- cans who were executed and the guillotine to any Frenchman who joined the British. As Hugues struck to windward at Grenada, St. Lucia, and St. Vincents and threatened landings on Martinique itself—the nerve center of the British war effort in the Lesser Antilles— the Royal Navy drew off units from the Leeward Islands. Hugues struck unerringly in that direction. The neutral Danish islands of St. Croix and St. Thomas, which under a combination of Hugues' merciless browbeating and a hunger for profits had become a major source of supply for Guadeloupe and a haven for French privateers, became an unwilling host to an expeditionary force aimed at Dutch St. Eustatius. A T L .1 .V r I c O (■ /■; A .\ 90 PRIVATEERS IN CHARLESTON, 179 3-17 96 At St. Kitts, John Stanley, President of the island's Assembly, fearful of the consequences of French possession of the Dutch island, urgently called for aid from Martinique, only to receive the despairing answer that St. Eustatius must be left to its fate. By mid-April not only St. Eustatius but St. Martins were in French hands, while belatedly dispatched British naval units sailed about in bewilderment attempting to fend off the threat to neighboring British islands. By June 23, 1795, the situation of the British in the West Indies was such that the Barbados Mercury lamented: Thus stands affairs: Guadeloupe long since taken. Martinico Attempted. St. Lucia Abandoned. Grenada ruined. St. Vincents laid waste. Antigua unsafe and Dominico on the verge of being lost. In the midst of this calamitous situation to which the West Indies are now reduced, Barbados still remains secure. How long this may be, the virtue of her sons can only determine. i€/}(^5 JAY'S TREATY: THE "GREAT BETRAYAL" THE HIGH TIDE OF FRENCH PRIVATEERING out of the port of Charleston that had been reached between January and July 1795, began to ebb rapidly, but during that brief period, Charleston wore an air that caused a London newspaper to characterize it as "a province of France" and "a disgrace to the thirteen United States." ^ Public celebrations sponsored by the democratic and patri- otic societies flourished as they had in previous years,^ but none of these outdid the public demonstration of grief of the Society of the Sans Culottes at the news of the death of General Dugommier, whose victories in the Pyrenees brought Spain to sue for peace. A decadi's mourning was decreed and, said an announcement, "the Republic [sic] thunder on board the armed vessels in the road shall salute on the morning and evening of the first day [of mourning]; that on all days of said decade, ensigns of distress shall be displayed on board of the vessels—that each day a discharge of cannon shall recall to the ' City Gazette, June 8, 1795, datelined London, March 25 [1795]. 2 On January 21, 1795, all good "sans culottes" assembled on Bequet's Green to renew their civic oaths and to sing patriotic hymns. A parade through town followed, accompanied by a band of music and the martial sound of cannons fired from French shipping in the harbor. The same evening, Citizen Michel, the owner of the successful privateer la Mere Michel tendered an elegant ball to celebrate the occasion. (City Gazette, January 21, 1795.) 9 2 PRFVATEERS IN CHARLESTON, 179 3-1796 Republicans in mourning the great loss they have sustained." ' As has been noted (p. 37), during 1794 rioting had taken on a more vicious character and public reaction to it had become sharper. By April 1795, the City Council was obhged to deal with a particularly ugly outbreak of hoohganism which resulted in a death by stabbing.^ But the city Intendent pro tem, John Edwards, had to deal with an even more serious challenge to peace and order when a "large party of Frenchmen armed with swords and daggers . . . forcibly res- cued . . . Anthony Shepland, alias Cadet, Jean Michael and John Cutteau while under committment for riot and assault" from constables who had them in security. A sizable reward was offered for the apprehending and delivery of the three men to the gaoler of Charleston.^ The outraged citizenry demanded that the Intendent take counsel with the Governor "respecting the most proper measures to be adopted for the tranquility of the city." Some expressed the opinion that nothing short of prohibiting armed vessels from approaching the town closer than Fort Johnson would solve the problem. Shore leave for privateer crews, except for officers, was to be rigidly restricted and, when permitted, only under the command of an officer who would be accountable for the peaceful behavior of the men. None were to be armed.^ Another aspect of lawlessness indulged in by the privateers' commanders was regarded with even more alarm than infrac- 3 City Gazette, May 5, 1795, "Translated from le Patriote Franqais, a French paper just published in this City." * City Gazette, February 19, 1795, "Proclamation, the peace and tranquility of the city is much disturbed . . . several persons while walking the streets were wounded at several times ... 30 dollars reward for information and convic- tion . . . ." ^ City Gazette, April 23, 1795. The incident took place on April 22. Shepland, or Antoine Chaplin, to give him his proper name, was mate of the French privateer la Guillotine then in port. Chaplin made good his escape and soon after was reported molesting American shipping off Port-de-Paix. General Laveaux alarmed by manifestations of outiawry and violence, which began to appear by the fall of 1795, was determined to make an example of Chaplin and paraded him in chains in the streets and forced him to pay a heavy fine. (For details see GV)'Ga^^W^, Novem- ber 10, 1795, datelined New York, November 3, "Extracts of a letter from Port- de-Paix, October 11, 1795.") «City Gazette, April 24, 1795, reporting the minutes of the City Council on the previous day. At the same meeting an ordinance was read for the first time for- bidding mariners from appearing in the streets of Charleston "with swords, pistols or any other offensive weapons under the penalty not to exceed £20 for each offense," offenders were to be proceeded against in the court of the wardens, with the fine to go to the informers. 5: JAYS TREATY THE GREAT BETRAYAL 9 3 tions against the peace and order of the city. This stemmed from their activities in the forbidden slave trade.' Charlestonians had shown great forbearance in allowing the entry of slaves belong- ing to refugees from Saint Domingue in spite of apprehensions held of the possible evil effect they might have on domestic slaves. To counteract possible subversion, a system of surveil- lance was set up to detect and stop the transfer of the infection of egahtarian notions brought in not only by the Saint Domingue slaves but by the outpouring of philanthropic propaganda from the French dominated "clubs." ® In April 1794 a wave of consternation had been caused by the appearance of a Spanish prize belonging to the French privateer la Montagne carrying a partial cargo of slaves, especially since Santo Domingan slaves were reputed to be of "bad character." ^ An anxious committee of citizens inquired into what certainly must have been a collusive infraction of the slave importation act. Each of the 75 slaves was carefully accounted for; 12 had died, 7 who were serving as sailors had made good their escape, 6 had been sent by water to Augusta, Georgia, and 50 remained on hand. The committee was finally mollified by the commander of the privateer who pledged that he would carry the remainder out of the State and use diligence in recovering the runaways. To this the privateer agent Abraham Sasportas promised his assistance. The pernicious effect of the presence of the French-owned slaves was debated hotly for the rest of 1794. In June, at a ^The slave trade had been prohibited in South Carolina in 1787. As a result of the slave upheavals in Saint Domingue in 1793, the prohibition had been reenacted. It must be noted that in the neighboring state of Georgia the slave trade flourished. ^ Colonel A. Vanderhorst of the Charleston Militia on August 26, 1793, issued an order which he had received "this moment" from Governor Moultrie that patrol duty was to be regularly performed and that negro houses "or any other suspected places" were to be searched. If arms were found they were to be sent to Charleston. Large meetings of negroes were to be suppressed and militiamen were to be careful to look out for any tendency of negroes to revolt. (Order Book, 30di Regiment 7th Brigade, South CaroHna Militia, 1793-1814.) The depth of apprehension that some held on this subject may be gauged by an extract from a letter published by the New York Journal and Patriotic Register on October 11, 1793: "They write from Charieston, S.C. the NEGROES have become so insolent in so much that the citizens are alarmed and keep a constant guard. It is said that St. Domingue negroes have sown the seed of revolt and that a magazine has been attempted to be broken open." ^ South Carolina State Gazette, April 10, 1794. 94 PRFVATEERS IN CHARLESTON, 1793-1796 public meeting, a Mr. Hunt offered the proposition that "all negroes without exception that have within the last three years arrived here from the French West Indies be expelled." ^" Under the pen name "Rusticus" a Charlestonian went Mr. Hunt one better by demanding that all French refugees as well as their slaves be deported, asserting that the safety and prosperity of the country was at stake. In July Rusticus, who apparently never succeeded in breaking into print, again sought to express his concern over the slave situation. Prompted by reports which appeared in the Columbian Herald of July 14,1794, which chronicled Laveaux's triumph on Saint Domingue and which attributed much of his success to the effect of the French slave emancipation decree on his negro troops, Rusticus declared himself scandalized that a Charleston newspaper should publish such a report: I never expected that in a paper published by one of our own citizens that the tribute of praise should be so lavishly bestowed upon a race of men who by their example and success hold up every inducement to our domestics to resist our authority and rise up in arms against us ... . They are told that actuated by the spirit of liberty their Brethren have become heroes ... I will not dwell upon the consequences. Your good sense will point out the propriety of preventing a repetition of similar publications. On August 7, Rusticus sounded the tocsin in yet another letter. "It has been asserted that there actually exists within our city a Society corresponding with that which the French term Les Amis des Noirs." On September 5, however, still another incident of slave importation brought forth a public meeting at the Charleston Exchange. A committee of "distinguished citizens" was ap- pointed to examine the details of the importation of 22 Negroes from Santo Domingo in the brig Governor Pinckney, Captain ConoUy." The committee's report was published in The City Gazette on September 8, 1794. Both Captain Conolly and the ubiquitous Jean Frangois Theric had produced the 22 slaves, 17 of whom were lodged in the workhouse for safekeeping. The remaming 5, consisting of 2 free women and their children. '"Quoted in MS. letter "Rusticus" to "Gendemen," dated June 20, 1794. (File 235, Charleston Historical Society, Charleston, South Carolina.) Rusticus is believed to be Alexander Garden, Jr., author of Anecdotes of the Revolution. 11 City Gazette, September 9, 1794. The committee consisted of Thomas Simmons, chairman, Theodore Gaillard, Jr., Benjamin Huger, J. Rudedge, and Solomon Legare, Jr. were kept on board the Governor Pinckney. When the brig was ready to sail, the workhouse would deliver the slaves, and the Committee would make a final accounting at that time.^^ But neither the lawlessness of the privateersmen nor their role in the illegal introduction of slaves into the State of South Carolina, nor yet concern with potential slave insurrection had the least effect toward diminishing the activities of the French raiders. As far as the legal aspect of French privateering was concerned, the United States District and Circuit Courts of South Carolina seemed bent on favoring the raiders. Such was not the case, however, in the neighboring State of Georgia. At Savannah the riotous living of the privateers- men, their disregard of the law, and the chicanery of their "Sketch of the City & River of Savannah," about 1815. Original in the United States National Archives, record group 77, no. 37. " From the lack of further news on the matter of the 22 slaves it can be con- cluded that Pinckney sailed without further incident and with her cargo on board. 294-341 0—6 96 PRFVATEERS IN CHARLESTON, 179 3-179 6 agents had, by early 1794, become a stink in the noses of the sober burghers. The recruiting of a foreign army on the soil of Georgia and the impudent attack on the warehouse storing la Trasmerana s gunpowder seems to have determined the Fed- eral Courts to discourage the privateersmen from entering Savannah and disposing of their prizes there, as the proceed- ings in the cases of the prizes Everton and Elizabeth serve to illustrate. The former had been captured by the French pri- vateer I'Egaliie {ex-l'Ami de la Poinie-d-Piire) at the end of December 1794. The libel served against the prize maintamed that since I'Egaliie and la Pointe-d-Pitre were one and the same vessel, and that the latter was an "illegal armament," the sei- zure of the Everton was illegal. The prize was handed back to her owners although there was never a question of the validity of I'Egaliie's commission. Elizabeth was carried into Savannah as a prize to I'Ami de la Poinie-d-Piire in May 1794. British consul Moodie, motivated by the decision on the Dutch brigantine Vrouw Christina Magdalena, urged Captain Ross to libel his former vessel, which he did in November. On December 19, a decision was rendered in favor of the libelant and upheld in the United States Circuit Court for the District of South Carolma in May 1795.^^ Among the friends of the French privateersmen at Savan- nah, indignation aroused by the Elizabeth decision was voiced in an extract of a letter published in the Charleston City Gazette of July 18, 1795. Referring to Judge Blair's decision the writer mentioned that— He also gave a decree of over seventy-five thousand dollars against Hill, Mag and Woodbridge of this city. It appeared that they were agents for the privateer which sent into this port a ship called Elizabeth: they sold the ship and cargo as such and paid over to the French consul the amount of the sales of the ship and cargo. This decree pa.ssed notwithstanding it was proved that the ship and cargo were advertised and sold by a publicly licensed auctioneer and the sale was not forbid. How far those decrees will be justified with you I cannot say, but I hope your judges of the United States [Courts] will never confirm so iniquitous a decree.^* Certainly French privateering interests at Charleston could not have levelled such charges against the Federal courts in South Carolina, where the United States Circuit Court of Appeals, arrived at Charleston on October 24, 1794, in the 13 Talbot V. Janson, 3 Dallas 133 (1795). 1* The letter was datelined Savannah, May 10, 1795. 5 : JAY S TREATY THE GREAT BETRAYAL person of Associate Justice James Wilson and opened its ses- sions the next day with Judge Bee in attendance.'' Between sittings at Charleston and Columbia the court dealt with a heavy load of admiralty cases, some pending for over a year.'^ During this time it reviewed decisions made by the District Court on 14 appeals of cases in admiralty. Of these, Benjamin Moodie alone had lodged 9 in behalf of British owners. The 12 cases in which the lower court decision was in favor of the French privateersmen were confirmed. And the 2 cases in which the District Court had held against the privateersmen, were reversed by the Circuit Court.'" Yet as high as resentment ran in mid-1795 against the more nefarious activities of the French privateersmen, it was eclipsed by the nationwide furor caused by the revelation of the terms of the Jay Treaty. As early as March, Charleston had already become aware of the contents of the treaty, which had been signed on November 19, 1794, and, as elsewhere in the United States, the debate over its provisions and implications for the future was pre-empting wide attention. The French benefited by the outrage vented on what was held to be an abject surrender to British arrogance. Charleston's American Independence Day celebrations were attended by the French societies and old ties were recalled, and on Bastille Day Charlestonians took advantage of the occasion to declare 97 '5 The City Gazette, October 27, 1794. 1" The court finally adjourned on November 5, 1795. " The cases decided were the following (City Gazette, November 6, 1795): Decision of Appellant Respondent J. Arnold District Judge Lavergne and others Affirmed Benjamin Moodie, vice consul of his Ship Mermaid Affirmed Britannic Majesty (< Brig Eliza Affirmed itA.y; I't- MI.U,. ^.^^^,. 0^>^.^..s.o^..^._,_ 4,.^.... /. Memorial by Jean-Frangois Theric [The translator has endeavored to retain as far as possible the flavor of the manuscript original, a page of which is reproduced opposite, as it was composed by an eighteenth-century French businessmein.] Jean Frangois Theric, businessman at Charlestown, Agent appointed and sent to the National Convention by the captains, officers and crews of vessels fitted out as privateers under the flag of the French Republic based at the port of the said Charlestown, United States of America, To the Minister of the Marine and Colonies: CITIZEN MINISTER: While French courage triumphed in Europe over the numerous intriguing enemies of the Republic, some French seamen, gathered together in South Carolina of America, saw to it that the tricolor flew with honor over the seas of the United States, Mexico and Saint Domingue. History's pencil will trace with approbation their accomplishments and will shield them from the oblivion which until this day has concealed their deeds from the eyes of all France. They have made the French name redoubtable in the New World. It is in the cherished memory of their country that they have fought, in another hemisphere, the enemies of the Republic. They have brought humiliation to the royal navies and merchant marines of the English and the Spanish, and the emulation which has made them heroes has multiplied their numbers. The example was first set by Citizen Jean Bouteille. It was he who fitted out the first, and the vessels armed as privateers rose in Germinal last 118 PRIVATEERS IN CHARLESTON, 179 3—179 6 [March-April] to the number of 38. I attach to the present a list of them (a), and of those prizes (b) taken by our illustrious privateers. It will prove that their gallantry, stimulated by enthusiasm for liberty, seemingly calmed the waves in order to facilitate their carrying of enemy vessels. They alone transported provisions and war supplies to the General [Laveaux] and to their brave brothers-in-arms at Saint Domingue. Such was the use to which they devoted a portion of the fruits of their conquests. Already, Citizen Minister, I have furnished various memorials in their names to the Committee of Public Safety, the Sections of the Navy and of War, and Foreign Affairs. Deign to look into them, and you can judge with what zeal these men have served their country in spite of the obstacles the English factions have put in their way in the fitting out [of their vessels]. All are most deserving. But there are among them men who ought most particularly to be remarked by the government. I shall single them out. CITIZEN JEAN BOUTEILLE, native of Narbonne, 55 years old, having lived for 15 years in Saint Domingue, where he was engaged in the coasting trade, purchased at le Cap a schooner that he named la Sans Pareille. On the very day that he learned of the declaration of war against England he fitted out his schooner with four swivels and shipped a crew of 37 men. On his first sortie he came upon a Spanish corvette with 20 gunports and mounting four guns and with a crew of 40, laden with the King's cargo. He boarded and captured her and sent her to Norfolk, where she has been sold. Some time later he fell in with 4 English vessels, each of 500 tons, armed with cannon and laden with timber. He attacked them, and after a two-hour fight, captured them and took them to Charlestowm. He [Bouteille] is as generous as he is just. He recompenses all officers and men who behave well, and he gives bonuses to those who had the mis- fortune to have been wounded. His patriotism is deep and sincere. It was he, in particular, who for- warded to the brave General Lavaux, at Port-de-Paix, supplies of food and munitions of war. He sent them at his own expense via several vessels, among them the Spanish [prize] schooner la Seignorita, Captain Goureau, and la Narbonnaise, armed with 12 guns. Captain Francois Hervieux. Each time it was learned in the United States that the Republican armies had won some victory over its enemies, he gave, in order to stimulate patriotism, a sumptous banquet to which all the leaders of Charleton were invited, and at the end of the repast he had distributed to the poor of the place food, bread and money. In Germinal Izist, having learned that 300 French seamen were being held prisoner at Havana, he arranged with a Spanish commissioner to ransom them for a new vessel, of 350 tons, named Despillas [sic] which he had taken from the Spanish. Whatever the pleasure of rehearsing virtuous deeds, those of Citizen Bouteille are so frequent that it can be said of him that no day passes with- out his having done some good. APPENDIX 1 : THERIC MEMORIAL 1 19 I solicit for him, and in his name, the Brevet and Grade of Capitaine de Vaisseau. CrriZEN JEAN-BAPTISTE CARVIN of Marseille, age 42, long-time mariner, Captain, at Saint Domingue. Proofs of his courage and of his devotion to the French Republic are incontrovertibly established by the following deeds. At the beginning of the war he bought and took command of the schooner I'Industrie, armed with 12 guns. At present he commands the brigantine le Vengeur, mounting 16 guns. He made several raids on the Spanish coasts [i.e., Puerto Rico, Santo Domingo, Cuba, and Florida]. He seized several vessels even in their very harbors. Among others he captured the Spanish brigantine I'Aigle, armed with 16 guns, and gave her to Captain Joseph Langlois of Missipi [Mississippi] to take into Charles- ton. En route he made a prize of a Spanish vessel called Las tres Meranas [la Trasmerana]. That vessel had as cargo 900 cases of cannon powder, weighing 300 pounds each, bound for Havana. Aware that General Lavaux lacked powder he sent it off to him immediately, and so as not to risk it all in a single vessel which might be captured at a single stroke by the enemy, he divided his shipment, in three and four thousand weights, among several vessels. All of them made port safely at Port-de-Paix. General Lavaux, certain of Carvin's patriotism and courage, ordered him to come to Port-de-Paix with his flotilla of vessels, so that he might take command of a projected expedition against Montechristi, where warehouses of provisions were located that belonged to the Spanish of Saint Domingue and Fort Dauphin, this latter having been captured from the French [in January 1794]. Carvin obeyed the orders of General Lavaux [and took with him] all his vessels, which had been captured from the enemy, that is: I'Industrie, 12 guns; the brig le Sans Culote, 14 gims; the bateau le Republicain, 12 guns; and the schooner la Carmagnole, 6 guns. But unfortunately Carvin fell ill and remained so for two months. General Lavaux did not dare to confide the command of the flotilla to any one but its owner, and so the expedition was a failure. I solicit also for him, and in his name, the Brevet and Grade of Capitaine de Vaisseau. CITIZEN FRANgois HERVIEUX, of Normandy, 28 years old, having resided 6 years at New Orleans, successively fitted out on his own account and commanded several privateers. At present he commands le Qa Ira, which belongs to him. He has taken several prizes, one of very great value. Al- though the [United States] Federal Government, against the letter and spirit of the Treaty of 1778, ordered him to turn over the major portion [of his prizes] to the enemy, his zeal has not slackened at all. Among other deeds that prove both his courage and his seamanship there should be cited the following: For two days he sailed in company with an English vessel of 24 9-pounders carrying a crew of 60 whites and 300 negroes boimd for Havana. During this time he spied a favorable opportunity to attempt a boarding. In order to know the strength of the vessel he sent one of 120 PRIVATEERS IN CHARLESTON, 1793-1796 his officers with six men in a boat to ask for water and provisions [for his vessel]. The English Captain sent him some. The crew of the le Qa Ira, seeing the superiority of the Englishman, urged Hervieux to abandon his project. When the last man [of his crew] left the enemy vessel he fired a broadside into her while hoisting the flag of the French Republic. I solicit for him, and in his name, the Brevet and Grade of Lieutenant de Vaisseau. CmzEN JOSEPH LANGLOIS of Missipi [Mississippi], 26 years old. It was he who, as I have said in the article on Carvin, while taking the prize I'Aigle to Charlestown, captured the Spanish vessel las tres Meranas [la Tras- merana]. Since then he has commanded la Mere Michelle, armed with 18 guns. On his last cruise he took as prize and sent into Charlestown an English brig of 14 guns and another well-armed vessel of 500 tons also English. It was only through his great skill and only after several stubborn engagements that he took them. I solicit for him, and in his name, the Brevet and Grade of Lieutentant de Vaisseau. CITIZEN JEAN GAILLARD, of the Department of Angouleme, 44 years old, commanding the brigantine le GSneral Lavaux, armed with 18 guns. He shared constantly in the operations of Citizen Carvin in the capacity of chief officer. It was to him that the letter had entrusted the carrying of provisions to Port-de-Paix, and he eluded the enemy with great skill. In his last cruise he took by boarding the English vessel Jamaica, of 450 tons, armed with 22 9-pounder guns, laden with sugar and coffee, and two other vessels also richly ladened, but which had not yet entered Charles- town at the time of my departure. I solicit for him, and in his name, the Brevet and Grade of Lieutenant de Vaisseau. CITIZEN FRANCOIS BAR of Bordeaux, 40 years old, commanding the priva- teer le Courier National, armed with 18 9-pounders. He formerly com- manded the schooner le Volcan, of 10 guns. It was with that schooner that he succeeded in taking, after a fight of several hours, the vessel le Courier National, then called the Courier of Liverpool. This vessel, too, was richly laden. I solicit for him, and in his name, the Brevet and Grade of Lieutenant de Vaisseau. CITIZEN ALEXANDRE BOLCHOZ of Paris, 32 years old. He has commanded several vessels since the beginning of the war. At present he is owner of and commands the schooner la Parisienne, of 8 guns. He has taken prizes of the greatest value—all of them armed vessels. He captured an English brig armed wdth 14 guns which he sent into Charlestown. He engaged in a fight of several hours duration with un [word illegible], of 18 6-pounders. [When] the wind freshened he was forced to break off the fight, after he had killed many of the people on the enemy vessel and had inflicted an extraordinary amount of damage. On his side he lost his second gunner and a sailor. His chief officer Jean Fitter [?] of Bordeaux had his right arm shot off and he himself was seriously wounded in one arm. He was one of the first to carry munitions to General Lavaux. APPENDIX 1 : THERIC MEMORL\L 1 21 I solicit for him, and in his name, the Brevet and Grade of Lieutenant de Vaisseau. CrriZEN CESAR PERONNE, 55 years old, from La Rochelle, commanding the brigantine I'Aigle, of 18 guns, he formerly commanded the bateau le Republicain, of 12 guns. He distinguished himself by making several raids on the coasts of Spain [Puerto Rico, etc.] where he captured several armed vessels and burned others. I solicit for him, and in his name, the Brevet and Grade of Lieutenant de Vaisseau. CITIZEN FnANgois CHABERT of Marseille. He commanded with the great- est success the privateer named le Citoyen de Marseille, armed with 30 guns and a crew of 300. He took several heavily armed Dutch prizes and likewise took many English vessels, of which the major part are being de- tained by the Admiralty Court at CharlestowTi contrary to the terms of the treaty of 1778. I solicit for him, and in his name, the Brevet and Grade of Lieutenant de Vaisseau. Finally I solicit for CITIZEN GARISCAN confirmation of the rank of Lieu- tenant de Vaisseau provisionally conferred upon him by General Lavaux. I will not rehearse all the actions which have won him this rank. The Gen- eral knows of them and has recompensed him. CITIZEN MINISTER: I have just named for you those seamen whose actions have won the most renowTi. But those who have fought under their orders, have equal right, by reason of their bravery, to advancement. It is the way to attach them more and more to the success of the arms of the French Republic; it is the way to assure [for France] the support and courage of more than 4,000 seamen dispersed among the different ports of the United States of America. Salut et Fratemite JOHN F. THERIC Paris, 5 frimaire, an 4^ de la rep. frangaise [November 26, 1795] 122 PRIVATEERS IN CHARLESTON, 179 3-179 6 ETAT NOMINATIF [Names doubtfully translated are marked with (?); for further identifica- tion, see Appendix 2. Discrepancies in addition and carry-over exist in the original.] NUMBER 1. List of names and net proceeds from the sale of English, Span- ish and Dutch prizes taken on the high seas of North America and the Antilles by the French seamen, Captains Jean Bouteille, Jean-Baptiste Carvin, Frangois Hervieux, Joseph Langlois, Jean Gaillard, Frangois Bar, Alexandre Bolchoz, Cesar Peronne, Frangois Charbert, and Gariscan, fitted out as privateers under the flag of the Republic of France and based at th& port of Charlestown, United States of America, to wit: English brig 4 Brothers £ 662 19 5 English brig Morning Star 534 9 11 English vessel La Belle 1266 4 7 Brig Anna Magdalena 317 6 8 English brig Jesse 2014 15 6 English brig Providence 500 — — English ship 2 Brothers 1000 — — English brigantine Adventure 280 — — English ship Henriette 2000 — — English ship Souverain 2210 10 6 English brig Betsi 373 8 4 English brig Argot 280 — — English schooner Aurora 1053 11 — English schooner Truro 1090 16 4 Spanish brigantine S*- Joseph 2318 14 4 English ship Friendship 9838 4 — English schooner Minerve 936 2 4 English schooner Aurora 3838 18 9 Spanish vessel S**- Isabella 318 18 1 Spanish schooner S*- Joseph 665 13 — English schooner Hawk 760 — — Spanish schooner Ascension 2858 6 8 Spanish schooner Signora Del Carmel 530 12 4 Spanish polacre S**- Yaime [?] 7024 4 8 Spanish vessel Leon 886 12 4 Spanish schooner Las Dolores 858 10 — Dutch brigantine Vrou. Chr. Magd. [?] 1200 — —• English schooner Anne 374 11 2 English brigantine Suzanne 6901 14 2APPENDIX 1 : THERIC MEMORIAL 123 4791 296 540 10, 090 725 976 914 Spanish brig Del Sillaro [?] English ship Adventure Spanish schooner S*- Joseph Spanish ship Del Gamino English brig Nelly Carl. *[Caroline] Spanish schooner Nostra Seignora Spanish vessel Belinda Carry over £71,430 71,430 8081 1203 1190 964 240 2026 432 180 1664 906 8347 5961 5752 303 3053 7210 6430 866 2000 263 470 1778 79 1400 1161 1000 212 920 1800 25600 1600 1200 20000 25000 920 (Carry over Spanish polacre s**- Tecla Spanish schooner Bonne Mere English ship Rambler English schooner Adventure English ship Friendship Spanish ship s***- Domingo Spanish schooner s*- Joseph English ship Fanny Spanish schooner s**- Clara English schooner Swallow English ship Smith English brig Endeavour English brig Alerte English brig Fanny Spanish ship St. Joseph Desamel English ship Courier de Liverpool Spanish polacre Sans Cayetano Spanish brigantine Nostra S°*- De las Dolores English schooner La Blonde English brig Betsi English ship Brothers Spanish schooner Dorada Spanish ship S'^- Frangois Spanish schooner S** Maria English ship Betzi Spanish schooner Louisiana Dutch ship Denoncekeron Spanish ship Parfaita English brig Elisa These six prizes were unsold in Germinale, but they were esti- mated at these prices. English ship Mermaid English ship Tendre Mere English brig Trivoli English brig Favori Spanish brig Conception English ship Alfred English schooner Prosperite 19 17 12 11 7 4 3 11 19 5 7 7) 5 10 11 5 16 8 13 7 1 9 13 11 17 5 99 11 10 2 7 17 16 7 5 17 12 17 6 4 3 6 5 3 5 2K 6 5 9 9 5 13 11 3 10 4 5 9 3 9 6 4 — 9 3 18 4 6 — Total of two columns, 211,655 18 5}^ 124 PRIVATEERS IN CHARLESTON, 1793-1796 Carried over 211,655 18 5^ To the proceeds of the prizes carried over must be added that of other prizes which entered port later, noting that at the time of my de- parture from Charlestown I was able to obtain only a summary of the proceeds without details. There entered into the ports of Savannah and Wilmington forty prizes which yielded. . 165, 000 There were taken into the ports of French colonies, Danish, and Swedish, thirty prizes which yielded 90, 000 Finally there were burned at sea twenty five enemy vessels to the value of at least... 20, 000 Prizes taken from our enemies, have pro- duced to their loss, a total of 486,655 £ 18^ dVi^ 486,655 18 5^2 This totals, in French money, seven mil- lions seven hundred eighty six thousand four hundred ninety two livres, fifteen sols, four deniers 7,786,485 15 4 Observations The vessel UEsperance, belonging to Citi- zen Bouteille, had taken two Spanish prizes and one English: Captain Peyre brought these prizes to the Windward Islands. The consti- tuted authorities [there] disposed of the major part of those prizes, doubtlessly for the service of the French republic. They were estimated to be worth four millions 4, 000, 000 The total value of a large number of prizes brought into the northern ports of the United States at present cannot be given, the outfitters and captains not having been able to advise me of it before my departure. But these same will give at least 5, 000, 000 Total 16,786,486 15 4 To the considerable losses that our privateers have inflicted on the enemies of the French Republic, must be added the loss of their seamen, a great number of whom have sought service in our vessels. (signed) J.-F. TH6RIC APPENDIX 1 : THERIC MEMORIAL NUMBER 2. List of vessels commissioned as privateers under the Flag of the French Republic according to Letters of Marque, some issued by the Commissioners, others by the Governor General of Saint Domingue, to several seamen, presently based at the port of Charlestown and others of the United States of America, to wit: 125 1. La Sans Pareille 4 swivels 20. Le General Lavaux 18 1 ^ns 2. Le Genet [sic] 10 J ^ns 21. Le Grand Port-de- 12 cc 3. Le Sans-Culote 12 cc Paix 4. Le Vainqueur de la Bastille 4 (C 22. Le Citoyen de Marseille 30 cc 5. LTndustrie 2 << 23. L'Enfant de la 12 cc 6. L'Atiante 8 (C Patrie 7. L'Ami de la Pointe- 12 <( 24. Le Brutus 20 orters have been corrected in brack- ets directly following the name of the prize. Those names that have defied identification have been noted by question marks. Valuations are in pounds sterling unless otherwise noted. The information in the remarks column is derived from the sources noted, of which the following are abbreviated (see Bibliography for full tide) : 1. The City Gazette and Daily Advertiser of Charleston, S.C. (cited as C/G). The Georgia Gazette, of Savannah, Georgia (cited as G/G). 2. British Counter Case and Papers, Arbitration at Geneva (cited as BCC). 3. Theric Memorial, translated from the manuscript original in Appendix 1 (cited as Theric). 4. Bee, Report of Cases . . . (cited as Bee). Spelling of names of prizes is derived from the first three, in the order given. Footnotes are in remarks column. 128 PRIVATEERS IN CHARLESTON, 179 3-1796 Rig From Captured Taken PRIZE and ^to by (17-) (Capteiin) Flag Cargo FRTVATEER July '95 ADVENTURE Schr. New Provi- LA NARBONNAISE (EUiot) Brit. dence-* Aug. '94 ADVENTITRE Schr. Nassau-^ LE Qui-AuRorr- (Mitchell) Brit. New Providence PENSE-A-QA May '94 AoVENTtTRE Sloop Savannadi-* LA SANS PAREILLE, (Griffidi) Brit. Bahamas LA MINERVE Sep. '93 ADVENTURE Snow Jamaica—»^ LA SANS PAREILLE, (Cuzuenne) Brit. Norfolk L'INDUSTRIE Oct. '94 ALERT Brig Jamaica—> LE SANS CULOTTE (Fullington) Brit. London 59 hhds., 8 tier- ces, & 52 bbls. sugar, 19 pun- cheons mm, 33 pipes Madeira, 30 bags coffee, 9 bags pimento, 4)^ tons logwood Apr. '95 ALFRED Ship Jamaica—»^ LE BRUTUS (Bryan) Brit. London Mahog. (logs & plank), sugar, indigo, coffee, pimento, cocoa, cotton, dyewood Apr. '94 ANN* Schr. Jamaica—* LA SANS PAREILLE (Anderson) Brit. New York July '93 ANNA MAGDALENA Brig Hamburg LA SANS PAREILLE Apr. '94 ASUNCION* — Puerto Rico LA MONTAGNE Span. Sep. '94 ATALANTA Oct. '93 ARGO (Kingsley) Ship — LA MINERVE Brit. Brig Jamaica-* LA SANS PAREILLE Brit. Wilmingfton, N.C.APPENDIX 2: PRIZES, 179 3-179 6 129 Value (£) Remarks —Est. (BCC) Notes on See —Sale pr. (BCC) Other text —^Net (Theric) Columns page — Taken near Crooked Island Passage, arrival at 96, Charleston reported (C/O July 26, 1795). 103 — Arrival at Charleston reported (C/G Aug. 2, 1794). 964 0 0 500 1 1 Vessel and cargo advertized for sale (C/G Sept. 29, — 1794); vessel reported not sold and in harbor on 296 17 4 June 14, 1794 (BCC 612); reported bought by captors as store ship (BCC 614). 1,200 0 0 Reported sold to "a Dane" (BCC 614); referred to 14-17 — as a brig in Th6ric's list. 280 0 0 800 0 0* Arrival at Charleston reported (C/G Oct. 14, 1794). 76n — *Vessel and freight (BCC 618). 5,961 2 6 30,000 0 0 Reported as run ashore entering Charleston harbor, 85, — later got off (C/G Apr. 8, 1795). 85n 25,000 8 4* *Estimated, vessel reported as not sold February- March 1795. 817 8 66 10 374 11 10 Arrival April 29 as prize at Charleston reported 43, Of (C/G May 15, 1794); vessel registered at St. Johns, 43n 2 N.B., cleared for Boston after sale (BCC 612). *Th6ric's ANNE, fVessel only. — Arrival at Charleston reported (Philadelphia, Ameri- 16n — can Daily Advertiser, Aug. 7, 1793). 317 6 8* *Cargo only, vessel released as belonging to neutral. — A 12-g^n privateer, captured April 6 off Puerto Rico — after l}fhour fight (C/G May 16, 1794). 2,858 6 8 *Th6ric's ASCENSION. — — 28,28n, 233 6 8 280 0 0 280 0 0 29,42 Arrival of vessel reported (C/G Oct. 21, 1793); re- 17n ported as bought by Thomas Stewart "for a Dane," cleared for Barcelona (BCC 612, 614). 130 PRIVATEERS IN CHARLESTON, 1793-17 96 Rig From Captiired Taiken PRIZE and -»to by (17-) (Captain) Flag Cargo PRIVATEER Dec. '93 AURORA Schr. Jamaica—> L'INDUSTRIE (Dickie) Brit. Charleston Feb.'94 AURORA Schr. New Providence LA SANS PAREILLE (Dickie) Brit. —»St. Augustine Nov. '94 BETSY* Brig Barbados LE PORT-DE-PAIX (Henderson) Brit. (ex-LE VAINQUEUR DE LA BASTILLE) Nov. '94 BETSY (Williamson) Brig Brit. — LE PORT-DE-PAIXFeb.- BETSY* Ship Mar. '95 Brit. June '94 BELINDA Sloop Span. July '93 BELLE* Sloop (Trott) Brit.LA NARBONNAISE Jamaica—* LE VAINQUEUR DE Charleston LA BASTILLE Jan. '95 BETTY CATHCART Ship Port-au-Prince^' LE CITOYEN DE Brit. Glasgow MARSEILLE (See Remarks) Nov. '94 BLONDE Schr. Brit. LE PATRIOTE July(?)'94 LA BONNE MERE Schr. Span. APPENDIX 2: PRIZES, 179 3-179 6 131 Value (£) Remarks —Est. (BCC) Notes on See —Sale pr. (BCC) Other text —Net (Th6ric) Columns page 673 0 0 Arrival of vessel at Charleston reported (C/G Dec. 17n 150 0 0* 1793); vessel purchased by Penman & Co. for the 1,053 11 0 master, cleared for New Providence (BCC 612). ♦Vessel only. 4,088 0 0 Arrival of vessel at Charleston reported (C/G Feb. 17n — 1794); vessel sold to "Smith of Boston," cleared for 3,838 18 9 Boston (BCC 612, 614). — Libeled by British consul Moodie in December 1794 — (BCC 591); Hbel dismissed widi costs (G/G Apr. 2, 2,000 0 0 1795). *Theric's BETSI. Probably the same vessel as prize in next entry. — Libeled by British consul as taken by illegally fitted 15 privateer LE VAINQUEUR DE LA BASTILLE (BCC 591); decreed a lawful prize, case dismissed with costs (C/G Mar. 24 and 25, 1795. See also G/G (Apr. 2, 1795), Williamson vs. Brig Betsy and J. P. Sarjeant (Bee, 67-68), BCC (601). — Noted as restored without damages in BCC (621, — Moodie memorandum May 8, 1795). 1,400 0 0 *Theric's BETZI. — Arrival at Charleston reported (C/G June 23, 1794). 914 19 5 1,768 5 4 250 0 ot 1,266 4 7 866 17 Vessel bought by master, price included "negroes and some stores," reported as still in Charleston on June 14, 1794 (BCC 612, 614); arrived at Charleston July 19, 1793 (BCC 614). ♦Theric's LA BELLE, fVessel only. Arrival reported (C/G Jan. 19, 1795); libeled "To be tried 20th March, if the commission sent to Phila- delphia for the examination of witnesses returned by that time" (BCC 621); cargo itemized, sold by consent of parties, "the captors having appealed" (C/G May 16, 1795); Circuit Court found for captors (Bee, Moodie vs. Betty Cathcart, 292-299); Circuit Court upheld by Supreme Court (BCC 621); Arrival at Charleston reported (C/G Nov. 28, 1794). Theric list. 1,203 11 5 132 PRIVATEERS IN CHARLESTON, 179 3-17 96 Rig From Captured Taken PRIZE and -♦to by (17-) (Captain) Flag Cargo PRIVATEER June '94 BOYD Ship Barbadoes—> LA NARBONNAISE (Frew) Brit. London 78,000 ft. mahog., 21 tons dyewood Feb. '95 BROTHERS Ship St. Johns, N.S.-> LE VOLCAN (CX-LE (Thomas) Brit. Jamaica 14,000 ft. lumber, 40,000 shingles, 12,000 staves, 14 bbls. butter, 40 boxes spirit of ttirpentine, 20 bbls. oil, 31 hhds. stockfish 280 bbls. herring, 31 hhds. salmon (BCC 601) PORT-DE-PAIX) Dec. '94 CAESAR Brig Port-au-Prince—» LA PARISIENNE (Crosby) Brit. Liverpool Coffee, sugar, cotton — CAMIER (?) (Taylor) Brig Brit. — — May '94 DEL CAMINO Ship Span. — — Sep. '95 CASELDEA (?) Sloop Span. 39,100 lbs. Spanish snuff, 1904 quintals tobacco, 108 quintals wax L'EGALIT6 Mar. '95 CONCEPTION [LA CONCEPCION] Ship(?) Span. ~ — Oct. '94 COURIER* Ship LE PORT-DE-PAIX, (Taylor) Brit. 140 bags cotton. LE PETrrApr. '94 LAS DOLORES Jan. '95 DORADA Schr. Span. Schr. Span. APPENDIX 2: PRIZES, 1793-1796 ^33 Value (£) Remarks —Est. (BCC) Notes on Sec —Sale pr. (BCC) Other text —Net (Thdric) Columns page 4,730 0 0* Arrival at Charleston reported (C/G June 24, 1795); — taken by whaleboats of LA NARBONNAISE, vessel and — cargo recovered by British (BCC 594, 621). *Cargo 3,230, vessel 1,500 (BCC 594). 3,000 0 0* Arrival at Charleston reported (C/G Feb. 27, 1795); — vessel libeled, dismissed with costs (BCC 601, 621). 263 12 9 See also Benjamin Moodie vs. The Ship Brothers (Bee, 76-78). *BCC (601). Arrival at Charleston reported (G/G Dec. 18, 1794); libel notice (G/G Jan. 22, 1795); libel dismissed (G/G Feb. 5, 1795); affirmed by Circuit Court (G/G May 7, 1795). Noted in BCC (62n. Noted as having libel dismissed with costs (BCC 620); undoubtedly a misprint for COURIER, q.v. Th6ric list; see NOSTRA SIGNORA DEL CARMINO [NUESTRA SENORA DEL CAMINO]. Libel notice, trial to be held at Augusta, Georgia, second Tuesday in November 1795 (G/G Sep. 10, 1795); Disposition not known. — Cargo and vessel advertised for sale (C/G Mar. 25, — 1795); vessel unsold at time of departure of Th6ric 20,000 9 3 in March-April, 1795. 2,760 0 Of Arrival reported (C/G Oct. 24, 1795); offered for sale, 83, — vessel and cargo, (C/G Oct. 30, 1794); libeled by 83n 3,053 16 5 British consul, dismissed with costs (BCC 590). See also COURIER. ♦Theric's CoinuER DE LIVERPOOL. fCargo 2160/0/0, vessel 600/0/0. (BCC 594). — Thine list (SEE LA SIGNORA DE LAS —). 470 17 9 Vessel and cargo advertised for sale (C/G Feb. 4, 1795). 134 PRIVATEERS IN CHARLESTON, 179 3-1796 Rig From Capmred Taken PRIZE and -»to by (17-) (Captain) Flag Cargo PRTVATEER Sep. '94 EAGLE Brig Brit. Montego Bay LE REPUBLICAIN Feb.'95 ELIZA* (Francis) Brig Brit. Montego Bay LA MERE MICHEL Oct. '95 ELIZA Brig Brit. London—» New Providence dry goods — May '94 ELIZABETH Ship Jamaica-^ L'AMI DE LA POINTE- (ROSS) Brit. London 285 hhds. sugar, 90 puncheons rum (G/G May 22,1794), 7 tons fustic (BCC 594) A-PrrRE, L'AMI DE LA LiBERTEMar. '94 EMANUEL [MANUELA(?)] Sloop Span. L'INDUSTRIE Sep.(?)'94 ENDEAVOUR Brig Jamaica-^ "Letter of Mairque (Cummings) Brit. London 228 hhds. and 6 tierces of sugar, 5 puncheons of rum, 5 tons fustic from Cayenne" Dec. '94 EVERTON Brig — L'EGALIT6 (CX-L'AMI (Davis) Brit. DE LA POINTE- A-PITRE) Oct. '94 FANCY* Brig L'INDUSTRIE Brit. Aug. '94 FANNY (Long) Sloop Turk's Islands LA SANS PAREILLE Brit. Newfoundland APPENDIX 2: PRIZES, 179 3-179 6 135 Value (£) Remarks —Est. (BCC) Notes on See —Sale pr. (BCC) Other text —Net (Th6ric) Columns page — Arrival at Savannah reported (G/G Oct. 2, 1794); 77-78, libel notice (G/G Dec. 4, 1794); auction of vessel 80-81 and cargo advertized (C/G May 12, 1795). — Arrival reported (C/G Feb. 11, 1795); advertized — (C/G Mar. 3, 1795); cargo and vessel advertized for 920 4 5 sale (C/G Apr. 21, 1795). See also BCC (621). *Theric's ELISA. — Arrival at Charleston reported (C/G Oct. 5, 1795); reference to letters aboard (C/G Oct. 9, 1795); sale of cargo advertized (C/G Nov. 4, 1795). 13,500 18 1* Bought by May, Hills and Woodbridge, resold to 57,61, 11,183 1 9 Messrs. Joseph Miller, Mclver & Co., "Captain 96 — Mclver has become a Danish as well as an American citizen," went to West Indies to get Danish papers (BCC 615); libel filed against vessel, also against Talbot and Ballard (G/G Oct. 16, 1794); decision on Elizabeth case: Ballard and Talbot to make good all damages and pay costs (G/G Dec. 25, 1794); decree of District Court upheld by Federal Circuit Court (G/G May 7, 1795). ♦Vessel valued at 2,200 (BCC 594). — Arrival at Savannah reported, cut out of Bay of Cuba 40n (G/G Mar. 20, 1794); arrival at Charleston from Savannah reported (C/G Oct. 25, 1794). 1,400 0 0* *Vessel and freightage (BCC, 618). 8,347 10 3 Libel filed against vessel, cargo and, £8,000 sterling 62n (G/G Feb. 5, 1795); vessel and cargo restored by District Court to owners on Mar. 5 (G/G Mar. 12, 1795); Circuit Court affirmed decree of District Court (G/G May 7, 1795). See also BCC (621). Arrival reported (C/G Oct. 15, 1794). *Theric's brig FANNY. 5.752 7 5 2,000 0 0 Taken August 14, 1794 (BCC 614); vessel and cargo — advertized for sale (C/G Sep. 29, 1794). 432 1 9* *Th6ric lists this vessel as a ship. 136 PRIVATEERS IN CHARLESTON, 1793-1796 Rig From Captured Taken PRIZE and -»to by (17-) (Captain) Flag Cargo PRIVATEER Mar. '95 FAVORITE* Snow* Jamaica—> LA PARISIENNE (Grant) Brit. Dublin 94 hhds., 9 tierces, 4 bbls. sugar; 65 tierces, 11 casks coffee; 120 bales cotton; 11 casks castor oil in bottles; a quantity of dye- wood (BCC 601) May '94 FoRTtmE DER ZEE [FoRTtnN VAN DE ZEE] L'AMI DE LA LIBERT£ Apr. '93 FOUR BROTHERS Brig Nova Scotia—> French National (Robb) Brit. Barbados Frigate L'EMBUS- CADE Aug. '94 FRIENDSHIP (Stranack) Ship Jamaican LA MONTAGNE Brit. Quebec 242 puncheons rum Dec. '93 FRIENDSHIP Ship (Leslie) Brit. Jamaica—* LE LASCAZAS London Sep. '93 GRACE (Brynan) Schr. Jamaica—> LA SANS PAREILLE Brit. Philadelphia Apr.'94 GRENADA PACKET Ship Pensacola-* L'AMI DE LA POINTE- (Wemyss) Brit. London X-PTTRE May '95 HANNAH Feb. '95 HAPPY RETURN (Calvert) Brig. Brit. Snow Brit. APPENDIX 2: PRIZES, 1793-1796 I37 Value (/) Remarks —Est. (BCC) Notes on Sec —Sale pr, (BCC) Other text —^Net (Th6ric) Columns page — Arrival reported (C/G Mar. 25, 1795); vessel libeled — by the British consul, libel dismissed with costs (Bee, 1,200 4 Of British Consul v. Schooner Favorite, and Alexander Bolchoz, 39); decree affirmed by Circuit Court and by Supreme Court (BCC 621). *Th6ric's brig FAVORI. fEstimate; unsold March- April 1795. — Vessel boarded, released after captain and mate taken 57-59 off", libel entered by captain; damages awarded (Bee, Peter Martins vs. Edward Ballard and William Talbot, 51-57). 2,092 19 9 Noted in Th6ric's list as LE BROTHER, "bought by 380 6 8* Penman & Co. for late master." Cleared for Jzunaica 662 19 5 (BCC, 612, 614, 614-15). ♦Vessel only. 5,440 0 0* Arrival reported (C/G Aug. 2, 1794); captain referred — to vessel as MONTAGUE (BCC, 615); vessel and cargo 240 16 8 advertized for sale (C/G Jan. 19, 1795); Circuit Court sent case back to District Court for recon- sideration, "right to inquire into treaty" (BCC, 590); Ubel dismissed (Bee, Stamvick vs. Ship Friend- ship, 40-42). *Cargo 4,840, vessel 600 (BCC 616). 17,644 18 9 435 0 0^ 9,838 4 0 Purchased by H. Grant for owners, cleared for West 27, 28» Indies (BCC 615). 29 ♦Vessel only. 350 0 0 Arrival of vessel reported (C/G Sept. 25, 1793); vessel — reported sunk in harbor (BCC 612, 614). 11,630 6 8 Notification of condenmation by office of French con- 55,55n, 5,843 12 5 sulate (G/G Apr. 24, 1794); account of burning of 57 — GRENADA PACKET (G/G May 29, 1794). — Advertized for sale at auction (C/G May 22, 1795). Reference to capture by French privateer RESOLtmoN [LA RivoLUTiON(?)] (C/G Feb. 6, 1795); protest of captain, maltreatment, etc.; account of wreck of HAPPY RETURN, rescue of crew by Spanish schooner, capture of latter by LA SANS PAREILLE, plundered Americans set ashore on Cuba (C/G Mar. 30, 1795). 138 PRIVATEERS IN CHARLESTON, 1793-1796 Rig From Captured Taken PRIZE and -+to by (17-) (Captain) Flag Cargo PRTVATEER Dec.(?)'94 HARCUM Schr. Brit. — LE PORT-DE-PAIX Sep.'93 HARRIET* Ship Honduras—> LA SANS PAREILLE, (Strong) Brit. London L'INDUSTRIE Mar. '94 HAWK Schr. Jamaica—* L'INDUSTRIE (Cocks) Brit. Norfolk June '95 HERO Aug. '94 ISABEL Feb. '95 JAMAICA Oct. '95 JAMES July '93 JESSIE* Ship Brit. Schr. Brit.(?) Ship Brit. Ship Brit. Brig Brit. Havana—* Baltimore 152 casks molas- ses, 24 boxes sugar, 30 hides, $529 specie LE VENGEUR L'INDUSTRIE LE GENERAL LAVEAUX, LA MERE MICHEL LA SANS PAREILLE Aug. '94 JOLLY BACCHUS (Cox) Sloop Brit. L'INDUSTRIE Oct. '94 JuorrH (Gruikshank) July '94 JUNO July '95 KINGSTON Snow Brit. Schr. Brit. Brig Brit. Montego Bay—» Londonderry 233 hhds. sugar, 50 puncheons rum, coffee, fustic, logwood, pimento, Ma- deira, mahog. Trinidad 317 boxes of sugar Jamaica LITTLE JOHN (sic) L'AMI DE LA LiBERTE LE VENGEUR APPENDIX 2: PRIZES, 179 3-179 6 I39 Value {£) Remarks —Est. (BCC) Notes on See —Sale pr. (BCC) Other text —Net (Theric) Columns page — Libel filed (G/G Jan. 1, 1795); vessel and cargo returned to owners by District Court (G/G Jan. 15, 1795). See also BCC (621). 5,769 19 6 2,000 0 Of 2,000 0 0 866 13 4 160 0 0* 760 0 0 Arrival of vessel reported (C/G Sept. 15, 1793); vessel 17n purchased by Thomas Morris, bought back by owners; saUed for Cadiz (BCC 612, 614). fTh^ric's HENRIETTE. *Vessel only. Arrival of vessel at Charleston reported (C/G Mar. 1794); sold to "Karvint [Carvin], master of the privateer," reported still in harbor on June 14, 1794 (BCC, 612, 614). ♦Vessel only. Ran ashore on Isle of Pines June 15, set afire (G/G 87,87n July 30, 1795). Retaken by a British frigate off" Stono, Georgia (C/G Sept. 23, 1794). "A valuable cargo" (C/G Feb. 10, 1795). 83n — Protest, including description of unidentified French privateer (C/G Oct. 30, 1795). — Arrival at Charleston and details (State Gazette of 16n — South Carolina, July 29, 1793). 2,014 15 6 *Theric's brig JESSE. — Prize reported (C/G Sept. 3, 1794); "taken by Captain Gallaspin [Garriscan] and carried into Wilming- ton, North CaroUna" (BCC 614-615, 620). 12,067 0 0* Arrival at Savannah reported (G/G Oct. 23, 1794); — JUDITH and cargo libeled, privateer alleged as fitted — out at Charieston (G/G Nov. 6, 1794); vessel re- turned to owners, circuit Court of Georgia upheld decree of District Court (G/G May 7, 1795); one half of cargo embezzled (BCC 591). ♦Cargo 9,567, vessel 2,500 (BCC 594). — Arrival at Charieston reported (C/G July 17, 1794). 58 — Arrival at Charleston reported (G/G July 16, 1795). 87n — 140 PRIVATEERS IN CHARLESTON, 1793-1796 Taken (17-) PRIZE (Captain) Rig and Flag From —>to Cargo Captured by PRIVATEER Apr.(?)'94 LEON June '94 Long Island Packet Ship Span. LA SANS PAREILLE Jan.(?)'95 LOIHSIANA Oct. '93 MARIA Apr. '95 MARIANNE (Kinnear(?)) Mar. '95 MARY ANN (Knowland) Feb. '95 MERMAID (Clarke) Schr. — — Span. Brig LA SANS PAREILLE Brit. Schr. Jamaica—* LE GENERAL Brit. Virginia In ballast LAVEAIDC Schr. Jamaica—* LA TENDRE M^RE Brit. (Prize to LE GEN- ERAL LAVEAUX) Ship — LE GENERAL Brit. LAVEAUX Feb. '94 MINERVA* Schr. Brit. L'ATALANTE Apr. '93 MORNING STAR Brig (Fullerton) Brit. Sep. '93 NANCY Snow (Cooke) U.S. Jamaica-+ French National Charleston Frigate L'AMBUS- CADE Havana—♦ LE JOU JOU Charleston NATIONAL July '94 NANCY (Cooke) Jan. 95 NANCY (Tatem) Schr. Bay of Hon- LA GmLLOTINE, Brit. duras—+ LA MONTAGNE Schr. Bay of Hon- LE FONSPERTXnS Brit. duras^ Jamaica June '94 NELLY CAROLINE Brig (Otway) Brit. Savannah—► L'AMI DE LA Jamaica POINTE-X-PTTRE APPENDIX 2: PRIZES, 179 3-179 6 141 Value {£) Remarks —Est. (BCC) Notes on See —Sale pr. (BCC) Other text —Net (Th6ric) Columns page 886 12 4 Theric list. — Recaptured by British privateer. FLYING FISH (G/G 60 July 10, 1794). Th6ric list. 1,161 13 11 — Arrival at Charleston reported (New York Journal 17n and Patriotic Register, Oct. 16, 1793); not men- tioned in Th6ric or BCC. — Vessel libeled, British consul Moodie noted that cost of proceedings did not warrant it (BCC 601). — Arrival at Charleston reported, "afterwards given up to her owners" (C/G Mar. 2, 1795). -— Advertizement of monition to appear in Federal 70,83n — District Court (C/G Mar. 3, 1795); decision of 1,800 9 3^ Court appealed by British Consul (BCC 602). See also Bee (69-73). ♦Estimated; vessel not sold, March-April 1795. — Arrival at Charleston and details (South Carolina 28,28n — State Gazette, Jan. 5, 1795). 936 2 4 ♦Theric's MINERVE. 800 2 0 "Bought by Penman & Co. for late master," cleared 212 6 8^ for Jamaica (BCC 612, 614). 534 9 11 ♦Vessel only. — Vessel seized on suspicion of being enemy property, plundered of $12,000 in specie, court found for plaintiff", levied damages of $12,000 against priva- teer, plus costs (Bee, Thomas Tunno vs. Benedict Preary, 6-8). — Arrival at Tybee Roads reported (G/G Aug. 2, 1794); advertizement by French consulate for claims against prize (G/G Aug. 14, 1794). — Vessel libeled by British consul, returned after cargo plundered (BCC 602; Bee, British Consul vs. Schooner Nancy et al., 73-74). See also BCC (621). 2,030 5 9 Listed as not sold by June 14, 1794 (BCC 612); listed — by Th6ric as NELLY CARL. [CAROLINE]. 725 7 4 142 PRIVATEERS IN CHARLESTON, 179 3-1796 Taken (17-) PRIZE (Capt£iin) Rig and Flag From —»to Cjirgo Captured by PIUVATEER Jan. '95 NOSTRA SEIGNORA Brigtn. DE Los DOLORS Span. [NUESTRA SENORA DE LOS DOLORES] May '94 NOSTRA SIGNORA Ship DEL CARMINO ♦ Span. [NUESTRA SENORA DEL CAMINO] Cuba-♦Spain LA MINERVE "a very valuable cargo" Apr. '95 NUESTRA SENORA Polacre Barcelona—> LE BRUTUS DEL CARMEN Span. June '94 NOSTRA SEIGNORA Schr. — — Span. Jan. '95 DEN ONZEKEN Ship Demerara^ LE CITOYEN [De ONZEKEREN] Dutch London DE MARSEILLE Jan.- PARFAITA(?) — — — Feb.(?)'95 Span. Apr. '95 PELOR (Brian) Brit. — — Apr. '95 PHOEBE Ship Montego Bay—> LA MERE MICHEL (Andrews) Brit. Liverpool "valuable cargo, rum, sugar, coff"ee, cotton" Feb. '95 PHYA Ship — LE G6N6RAL [PHYN] Brit. LAVEAUX Nov. '95 POLLY Schr. New Orleans—> L'EGALITE (Savage) Brit. Baltimore July '94 POLLY (Wright) Sloop Charleston-> LA NARBONNAISE U.S. New Providence July '95 POLLY Schr. New Bruns- (?) wick—> LA NARBONNAISE APPENDIX 2: PRIZES, 1793-179 6 I43 Value {£) Remarks —Est. (BCC) Notes on See —Sale pr. (BCC) Other text —Net (Th6ric) Columns page — Cargo and vessel advertized for sale (C/G Feb. 4, — 1795); reported in Theric as NUESTRA SRA. DE LAS 6,430 5 6 DOLORES. — Cargo and vessel advertized for sale (C/G Sep. 29, — 1794); vessel libeled, libel dismissed with costs (Bee, 10,090 7 11 Don Josiah Salderondo vs. Ship Nostra Signora del Camino, and Hervieux et al., 43—47). ♦Theric's DEL CAMINO(?). — Arrival at Savannah reported (G/G Apr. 9, 1795; C/G Apr. 16, 1795). — Theric list. 976 3 11 — Arrival at Charleston reported, "said to be Dutch" — (C/G Jan. 20, 1795); cargo and vessel advertized 1,000 0 0 for sale (C/G May 14, 1795); mentioned as DINON ZECHERON (BCC 600); reported in Theric as DENONCEKERON. Theric list. 212 3 10 Advertizement of sale of cargo and vessel (C/G Apr. 21, 1795). Arrival at Charleston May 2, 1795, reported, account of engagement, first and second mates and two men killed, almost all men wounded (G/G May 7, 1795). Libeled by British consul (BCC 621); monition ad- vertized for March 12 (C/G Mar. 3, 1795). Advertizement of libel against vessel, John Savage vs. Polly and privateer Egalite; vessel plundered of 36 barrels containing $10,978 "and a half dollar" in silver, also a trunk of plate, $158 from "one Mrs. Freeman"; trial set for Dec. 19, 1795 (G/G Dec. 12, 1795). Disposition not known. Carried to Port-de-Paix, there ruled to be illegal seizure by Court of Admiralty, vessel ran ashore before redelivery to Wright, suit brought for dam- ages, damages awarded (Bee, M'Grath vs. Sloop Candalaro and Henri Hervieux, 60-65). SaUed July 5, 1795, taken same day (C/G July 26, 1795). Vessel probably that of next entry. 144 PRIVATEERS IN CHARLESTON, 1793-1796 Taken (17-) PRIZE (Captain) Rig zmd Flag From ^to Cargo Captured by PRIVATEER July '95 POLLY (Prince) Schr. Mole St. Nich- LA NARBONNAISE (?) olas, Haiti-* Charleston July '95 POTOWMAC NOV. '94 PRINCESS OF ASTtnUAS [LA PRINCESA DE ASTURIAS] June '94 PROSPERITY^ (Kelley) Sep. '93 PROVIDENCE (Shoesmith) Brig Brit. Brig Brit. Schr. Brit. Brig Brit. Jamaica- Cuba^ Jamaica—* Shelburne N.S. 28 puncheons rum, 2 hhds. sugar, 5 hhds. molasses, 6 bales cotton, 1,500 lbs. coffee, $1,636 in specie Honduras—* Jersey LE VENGEUR LE REPUBLICAIN LA PARISIENNE LA SANS PAREILLE June '94 RAGEL(?) LA PARISIENNE July '94 RAMBLER Sloop Brit. Harbour Island —>Abaco 5 negroes L'AMI DE LA LIBERT^ Oct. '95 ROSINA Ship Brit. Jamaica -^ 30 bales dry goods LA CARMAGNOLE Sep. '95 SACRA FAMILIA Ship Brit. La Guayra-^ Indigo, cocoa, tar, cotton LE G£N6RAL LAVEAUX Oct. '95 SAN ANTONIE DES ALMAS [SAN ANTONIO DE LAS ALMAS (?)] Span. LA CARMAGNOLE Oct. to Jan. '94 '95 SAN CAYETANO Polacre Span. —APPENDIX 2: PRIZES, 179 3-1796 145 Value {£) Remarks —Est. (BOC) Notes on See —Sale pr. (BCC) Other text —Net (Th6ric) Columns page — Taken mid-July, vessel owned by Messrs. Penman & Co., Hary (sic) Grant and John Price of Charleston, arrived Charleston July 22, outrages of prize crew reported (C/G July 26, 1795). — Arrival at Charleston reported (G/G July 16, 1795). — Arrival at Charleston reported (C/G Nov. 18, 1794); referred to as being converted to French privateer (BCC 603). 1,155 0 0 Arrival at Charleston reported (C/G June 30, 1794); — listed among vessel taken by Cluirleston privateers 920 6 0 (BCC 614); vessel libeled by the British consul as captured by illegal privateer, formerly the American schooner HAWK (Bee, Kelley, Jun. vs. Schooner Pros- perity and Cargo, and John Cooke, 38-39); vessel restored with damages (BCC 614, 621). ♦Theric's PROSPERmi. 1,699 1 4 Vessel and cargo bought by William Dicker (or 550 0 0^ Decker) and cleared for New York (BCC 612, 614); 500 0 0 arrival of vessel reported (C/G Sept. 14, 1793). ♦Vessel only. — Arrival at Charieston reported (C/G Jun. 8, 1794). 396 13 4 Vessel libeled by British consul Moodie, restored as — taken by illegal privateer with damages (BCC 614, 1,190 0 0 616, 621). See also Teasdale vs. Sloop Rambler and Cargo and Edward Ballard (Bee, 9-11). — Arrival at Charleston reported, captured on "north- side of Jamaica" (C/G Oct. 22, 1795). — Arrival at Charleston September 23, 1795, reported, taken on September 7 off" Puerto Rico (G/G Oct. 1, 1795). — Arrival at Charleston reported, taken on the coast of Cuba after ^-hoiu- engagement, armed with 8 carriage guns (C/G Oct. 22, 1795). Theric list. 7,210 7 2}^ 146 PRIVATEERS IN CHARLESTON, 1793-1796 Rig From Captured Taken PRIZE and ^to by (17-) (Captain) Flag Cargo PRIVATEER Nov. '94 SANTA CATERINA Polacre LE PORT-DE-PAIX [SANTA CATALINA] Span. Red & white wine, vinegar, brandy, salad oil, variety dry goods, 40 ele- phant teeth, anchovies Mar. '95 SANTA CLARA Schr. Span. Havana—> LA PARISIENNE Feb.'95 SANTA MARIA Schr. Span. Havana —> Port-Au-Prince L'EGALITE May '94 ST. JOSEPH ♦ [SAN JOSE?] Schr. Span. — LA MONTAGNE Sep. '93 ST. JOSEPH Brigtn. Cartagena de Las LA SANS PAREILLE [SAN JOSE?] Span. Indias—>Spain (Castello) May '94 ST. JOSEPH [SAN JOSE] Schr. Span. — LA PARISIENNE Sep.- ST. JOSEPH Ship — Oct.(?)'94 DESAMEL (?) Span. June '94 ST. MARY [SANTA MARIA] Schr. Span. Havana-+ — Aug. '94 STA. CLARA ♦ [SANTA CLARA] Span. LA PARISIENNE Jan.(?)'94 STA. ISABELLA [SANTA ISABELLA] Ship Span. — — July '94 STA. TECLA Polacre Span. — — Apr. '95 SANTO CHRISTO — Montechristi -^ LE BRUTUS DE LA CARIDAD Span. Havana July '94 ST. CATHERINE — — L'AMI DE LA [SANTA CATALINA] Span. LiBERTEAPPENDIX 2: PRIZES, 179 3-1796 I47 Value {£) Remarks —Est. (BCC) Notes on See —Sale pr. (BCC) Odier text —Net (Theric) Columns page — Arrival at Charleston reported, taken off" Puerto Rico (C/G Nov. 24, 1795); referred to as SAUNZE CARATANA (sic) (C/G Nov. 27, 1794); advertize- ment of sale of remainder of cargo of the polacre SANTA CALTANA (sic) (C/G Dec. 3, 1794). — Arrival at Charleston reported (C/G Mar. 12, 1795). — Arrival at Charieston reported (C/G Feb. 28, 1795). 79 4 0 — Taken off St. Augustine, Fla. (C/G May 18, 1794). — ♦Possibly the second schooner ST. JOSEPH of Theric's 540 0 0 list. — ST. JOSEPH featured in case of Castello vs. Bouteille, — alleged to have been originally captured by VAIN- 2,318 14 4 QUEUR DE LA BASTILLE (CX-FAIR MARGARET), libel dismissed (Bee, 29-34). — Theric list. — ♦Theric's valuation included schooner ST. DOMINGO, 2,026 13 1* q.v. — Theric list. 303 17 3 Arrival at Charleston reported (C/G June 23, 1794). — Arrival at Charleston reported, vessel taken in St. — Marc (British occupied St. Domingue) (C/G Sep. 9, 180 13 11 1794). ♦Possibly Theric's STA. CLARA. Theric list. 318 18 1 Theric list. 8,081 5 10 Arrival at Savannah reported (G/G Apr. 9, 1795; C/G Apr. 16, 1795). Arrival at Charleston reported (C/G July 11, 1794). 148 PRIVATEERS IN CHARLESTON, 1793-1796 Rig From Captured Taken PRIZE and -*to by (17—) (Captziin) Flag Ccirgo PRIVATEER Nov. '95 ST. CHRIST DE Malaga^ LE VENGEUR MONTE ALVAiR Span. Havana [SANTO CHRISTO DE Wine and firuit MONTE ALVARO?] May '94 ST. DOMINGO Schr. — LA PARISIENNE [SANTO DOMINGO] Span. Sugar, hides, soap, cordage, etc. Dec. '94 ST. FRANCIS^ Ship [SAN FRANCISCO] Span. (Xavier) Jamaica—»Cuba LE R6PUBUCAIN, 26 negroes, trunk LA REVOLUIION of dry goods Apr. '94 ST. JAGO+ Polacre- Barcelona—» Brig Wine, fruit, brandy Span. Apr. '94 SiGNOR DEL CAR~^ Schr. [NUESTRA SENORA Span. DEL CARMEN?] Apr. '94 LA SIGNORA DE LAS Schr. Span. [NUESTRA SENORA DE LAS DOLORES?] ♦ — LA SIGNORIA (?) — Apr. '94 DEL SILLARO (?) Brig Span. July '94 SINTERIC(?) July '94 SMITH Schr. Span. Sloop Brit. Oct. '94 SOMERSET (Ormond) Brig. Brit. LA MONTAGNE LA SANS PAREILLE L'INDUSTRIE (?) LA GUILLOTINE, LA MONTAGNE LA PARISIENNE L'AMI DE LA POINTE- A-PITRE APPENDIX 2: PRIZES, 1793-179 6 I49 Value {£) Remarks —Est. (BCC) Notes on See -Sale pr. (BCC) Other text —Net (Th&ic) Columns page — Arrival at Charleston November 30, 1795, reported; captured on November 8 (G/G Dec. 10, 1795). — Arrival at Charleston reported (G/G May 28, 1795). — ♦Theric's valuation included schooner ST. JOSEPH, q.v. 2,026 13 1* — Arrival in January of "FRANCTSCO" reported (G/C — Jan. 15, 1795); advertizement for sale of vessel and 1,778 6 5 cargo, 10 guns, 4 swivels, "together with all her warlike stores" (C/G Jan. 20, 1795). ♦Th6ric's ST. FnANgois. — Arrival at Charleston April 18 reported, cargo valued — at $150,000 (G/G May 1, 1795). 7,024 4 8 ♦Possibly Th6ric's aTA. JAIME. — Arrival at Charleston April 19, 1794, reported (G/G — May 1,1794). 530 12 4 ♦Probably Th6ric's Spanish schooner SIGNORA DEL CARMEL. — Arrival at Charleston April 23, 1794, reported (G/G — May 1, 1794). 858 10 0 ♦Probably Th6ric's Spanish schooner LAS DOLORES. — Capmred by Captain Carvin (BCC 601). — Th6ric list. 4,791 19 8 — Arrival at Savannah reported (G/G Aug. 7, 1794), — advertizement by French consulate for claims 8,081 5 10 against prize (G/G Aug. 11, 1794). — Th6ric list. 906 9 11 Arrival at Frederica, Ga., reported (C/G Oct. 15, 1794); libel filed in District Court of Georgia against vessel and Ballard for "piratical seizure" (G/G Nov. 6, 1794); vessel restored with cargo to owners (G/G Jan. 15, 1795); "run away with by captors, and the cargo landed and sold at St. Mary's, about 390 bales of cotton, part of the cargo, had been recovered" (BCC 620); Circuit Court affirmed decree of lower court in James Ormond vs. Brig Somerset (G/G May 7, 1795). 150 PRIVATEERS IN CHARLESTON, 179 3-1796 Taken (17-) PRIZE (Captain) Rig and Flag From —>to Cargo Captured by PRTVATEER Sep. '93 SOVEREIGN Ship (Brown) Brit. Honduras—> LA SANS PAREILLE, London L'INDUSTRIE Apr. '94 SUSANNAH^ (Mclsaac) Brig. Jamaica—* LA SANS PAREILLE Brit. London Sep. '94 SWALLOW (Johnson) Schr. — Brit. Herring, 2 Negroes LA PARISIENNE Schr. Brit. Feb. '95 LA TENDRE MERE Ship Brit. Mar. '95 TIROLI [TIVOLI] Brig (Barclay) Brit. Sep. '94 TRES MERONAS [LA TRASMERANA] (Trabadna) Oct. '93 TRURO Port-Au- Prince —> Sugar, cotton, coffee, indigo Kingston ^^ 1013 bales cotton, 5 hhds., 1 tierce sugar, logwood, and mahog. Vera Cruz^^ Havana 842 boxes of gun powder (150 lbs. each), pease, beans, lead, log- wood, dried meat, $4,242 in specie, guns, ball Jamaica -^ New Brunswick LE GENERAL LAVEAUX LA MERE MICHEL LE REPUBLICAIN L'INDUSTRIE APPENDIX 2: PRIZES, 179 3-179 6 I5I Value (£) Remarks —Est. (BCC) Notes on See —Sale pr. (BCC) Other text —Net (Th6ric) Columns page 7,731 10 0 Arrival of vessel reported (C/G Sept. 15, 1793); vessel 500 0 0* bought by Thomas Stewart for owners, in harbor 2,210 10 6 June 14, 1794, cleared for Cadiz by November 1794 (BCC 612, 614). 12,358 10 3 Arrival April 28, 1794, at Charieston, reported; — SUSANNAH, CX-HARRIET, owned by Abraham 6,901 14 2 Sasportas, was taken to Jamaica; there condemned as a prize, sold to British owners, and sent to sea as SUSANNAH; later sold for £163/0/0, reported still in Charleston on July 14, 1794 (BCC 612-613). ♦Theric's brigantine SUZANNE. 1,500 0 0 Arrival reported at Charleston, taken to St. Domingue — (C/G Sept. 9, 1794); vessel and cargo advertized for 1,664 17 5 sale (C/G Sept. 17, 1794); Hbel against vessel dis- missed, vessel valued at £1,200, negroes at £l40, herrings at £140 (BCC 594, 619). SWALLOW was apparendy bought for a privateer and left Charles- ton in late November; reported as taking a British vessel (C/G Jan. 7, 1795); reported by British consul at Charleston as fitting out as a privateer (BCC 593). — Arrival at Charleston reported (C/G Feb. 16, 1795); — prize captured British schooner MARY ANN (q.v.); 25,600 0 0^ prize not sold by March-April 1795 (Theric). ♦Estimated. 9,000 0 0^ Arrival at Charieston reported (C/G Mar. 27, 1795); — mentioned by Theric as not sold by March-April 1,600 9 6t 1795; vessel libeled by British consul Moodie (BCC 601). ♦Vessel only. fEstimated. — Arrival at Savannah with EAGLE reported (G/G Oct. 2, 1794); libel filed against vessel and cargo Dec. 2 (G/G Dec. 4, 1794); Georgia District Court gave decree against libelants of vessel and EAGLE (G/G Jan. 8, 1795); appeal against decree of District Court withdrawn (G/G May 7, 1795). — Vessel reported to have been brought into Savannah, 1,369 12 9 she was bought by Carvin and sent to Charleston. 1,090 16 4 John Wallace, British consul at Savannah, noted that vessel and cargo were sold before he had received "any instructions from the consul-general [Phineas Bond] respecting valuation" (BCC 614). 152 PRIVATEERS IN CHARLESTON, 179 3-1796 Taken (17-) PRIZE (Captain) Rig and Flag From -♦to Cargo Captured by PRIVATEER Sep. '93 Two BROTHERS Bark (Woodman) Br. Honduras—* LA SANS PAREILLE, Liverpool L'INDIKTRIE Dec. '94 VERE Ship Brit. (See remarl May'94 VROUW CHRISTINA Brigm. Curacao-* L'AMI DE LA POINTE- MAGDALENA^ Dutch Amsterdam A-PITRE Oct. '94 Nov. '94 Dec. '94 Jan. '95 Jan. '95 Jan. '95 Feb. '95 Nov. '95 Nov. '95 Nov. '95 Jan. '95 Jan. '95 UNIDENTIFIED Brig. Span. Havana-^ Indigo, etc. LE REPUBLICAIN — — L'AMI DE LA POINTE- X-PTTRE Schr.(?) "from Savana" LE PORT-DE-PAIX Sloop Span. — LE RipUBLICAIN Sloop Brit.(?) New Provi- dence—* LA PARISIENNE Sloop Span. — L'AMI DE LA LlBERTl^ Brig Brit. — LA MfeRE MICHEL Schr. Span. — LA PARISIENNE Schr. Span. — LA PARISIENNE Brig. Span. —■ LE VENGEUR Schr. Jamaica—* New Orleans LE QUI-AUROIT- PENSE-X-QA Schr. LE FONSPERTUISAPPENDIX 2: PRIZES, 179 3-1796 I53 Value (£) Remarks —Est. (BCC) Notes on See —Sale pr. (BCC) Other text —^Net (Thfiric) Columns page 4,266 16 6 Arrival of vessel reported (C/G Sept. 16, 1793); vessel 1,000 0 0^ purchased by Thayer & Bardeu Co., cleared for 1,000 0 0 Providence, R.I. (BCC 612, 614). ♦Vessel only. — About December 1, the vessel was captured by 200 French prisoners who rose and ran her ashore on the coast of Georgia; account of rising and difficul- ties of getting American assistance (BCC 621); libel filed by master before District Court of South Carolina for part of stores etc.; case dismissed on plea to jurisdiction (Bee, Reid vs. Ship Vere, 66-67). — Joost Jansen vs. Brigantine Vrow Cristina Magdelena and — Edward Ballard (libel claimed illegal capture), deci- 1,200 0 0 sion reported (C/G Aug. 9, 1794); cargo advertized for sale (C/G Sep. 30, 1794). ♦Th6ric's "VROtrw. CHR. MAGD." PRIZES Reported entering Savannah River (G/G Oct. 16, 1794). Arrival at Charleston reported (C/G Nov. 27, 1794). Arrival at Charleston reported (C/G Dec. 18, 1794). Arrival at Charleston reported (C/G Jan. 19, 1795). Arrival at Charleston reported (C/G Jan. 19, 1795). "Spanish bottom" arrival reported (C/G Jan. 19, 1795). Arrival at Fort Johnson, February 9, 1795, reported (C/G Feb. 10, 1795). Arrival at Charleston November 10, 1795, one of two, reported (C/G Nov. 11, 1795). Arrival at Charleston November 29, 1795, reported (C/G Nov. 30, 1795). Arrival at Charleston reported (C/G Jan. 19, 1795). Arrival at Charleston reported (C/G Feb. 9, 1795), sale of vessel reported (C/G May 20, 1795). S'Tvdeay Vessels taken as prizes are listed on pages 127-153. Other vessels named are listed at the end of this index, pages 15B-160. Adet, Pierre (Ambassador of France), 101, 102 Aristizabal, Lieutenant General Don Gabriel (Commander, Spanish Forces in the Caribbean), 76 BaUard, Edward, 52, 53, 56, 57, 58, 59, 60,62, 62n Barney, Joshua, 53n Barre, Captain Guillaume, 79n, 109 Bee, Judge Thomas (United States District Court, South Carolina), 48, 50, 51,58, 59, 60, 70-71, 72, 73, 73n, 85n, 96 Bentley, Reverend William (diarist), 34, 44,45, 63 Bert, Colonel (Florida Legion), 38 Blair, Judge John (United States Circuit Court, Georgia), 96 Bolchos, Captain Alexandre, 42, 43, 83 Bond, Phineas (British Consul General, Philadelphia), 79, 88n Bouteille, Jean, 14, 17, 23, 24, 24n, 29, 30, 40, 48, 50, 51, 52, 59, 73, 74, 75, 75n, 76, 79n, 109 Branzon, Captain( of LE LASCAZAS) , 28, 37, 38, 39n, 40, 42 Cambis, Admiral (French Navy), 47 Carvin, Jean Baptiste, 11-12, 14, 16, 17, 29, 40, 41, 43, 45n, 48, 50, 66n, 72, 75, 77n, 79n, 80, 81, 85,86, 103 Castello, Captain (see Castello v. Bouteille) Castello V. Bouteille (case), 48-52,59, 73 Chaplin, Antoine, 92, 92n Clark, George Rogers, 25 Cross & Crawley (Charleston firm), 69 Connolly, Captain (of brig GOVERNOR PINCKNEY) , 94 156 PRIVATEERS IN CHARLESTON, 179 3-179 6 Cunnington, Captain (Charleston Militia), 22 Cutteau, John, 92 Drayton, Stephen, 23, 25 Dupont, Victor (French Vice Consul, Charleston), 101, 102 Edwards, John, 92 d'Estaing, Admiral Charles Hector, 6 Fallon, Dr. James, 5 Fauchet, Jean Antoine Joseph (French Minister to the United States), 35, 36, 37, 38, 39,40,42,47,66,100,101 Ferrey, J. B. E., 100 Folger, Captain Brown (see Folger v. Lecuyer) FolgerV.Lecuyer (case), 18, 19 Fonspertuis, Citizen (French Vice Consul, Charleston), 41, 4In, 43, 57n, 57, 66, 82, 99,100,101,102n Fremin, Citizen (French Acting Vice Consul, St. Marys), 37 Fulton, Samuel, 101-102 Gaillard, Jean, 69, 71 Garden, Alexander, Jr., 94n (see "Rusticus") Garriscan, Captain Henri, 79n, 81, Bin, 82, 85,86, 86n, 109 Genet, Edmond Charles (French Minister Plenipotentiary to the United States), 3, 6-8, 8n, 11, 12, 21, 25, 26, 27, 28, 35, 36, 36n, 37, 48, 53, 101, 109 Giles, Captain (Charleston pilot), 84, 85 Gillon, Alexander, 5, 5n, 25 Grey, General Sir Charles, 20, 3In Hamilton, Alexander, 10, 12 Hammond, Abner, 25 Hammond, George (British Minister to the United States), 8, 12, 13n, 43,68 Hammond, Samuel, 25 Hammond, William, 25 Hammond & Fowler (East Florida firm), 25 Henfield, Gideon, 10, 53 Hervieux, Captain Henri, 16n, 40,49, 50, 51, 52, 76, 109 Hills, May & Woodbridge (Savannah firm), 61 Howard, Don Carlos, 102 Hugues, Victor, 63, 64,65,66, 84n, 86, 88-89, 104 Jansen, Joost (Master of brigantine VROUW CHRISTINA MAGDALENA), 58 Jay, John, 45, 46, 99; Treaty, 97-99, 100, 101, 106 Jefferson, Thomas, 4n, 8n, 9, 13n, 31, 32 Jervis, Admiral John (later Lord St. Vincent), 20, 3In Lang, Richard, 99-100, 102 Langlois, Joseph (Lieutenant on LE LASCAZAS), 77n Latalie, Captain, 79 Laveaux, General Etienne (Governor of Saint Domingue), 65, 66, 66n, 74, 75, 87, 92n de Latre, Captain, 62 Lecuyer, Captain Jacques Louis (see Folger v. Lecuyer) INDEX 15 7 Lory, Captain Alexandre, 79n, 87 Lowell, Judge John, 18-19 Mangourit, Michel Ange Bernard (French Consul, Charleston), 6, 21, 22, 23, 24, 25, 26, 29, 30, 35, 37, 37n, 38, 39, 40, 41, 42, 50, 99, 100 Madison James, 33 Marshall Captain (of sloop ADVICE) , 22, 24 Michael, Jean, 92 Miller, Charles (British Consul, Charleston), 5.2n Moissonier, Citizen (French Vice Consul, Baltimore), 12 Moodie, Benjamin (British Vice Consul, Charleston), 52 (ref. to); 55n, 60, 61, 62n, 68, 69, 70, 71n, 73, 74, 75, 79, 80, 80n, 81, 82-83, 84, 85n, 96, 97, 105 Morgan, Captain Daniel, 85 Morphy, Diogo (Spanish Consular Agent, Charleston), 100, 103 Moultrie, Governor William (of South Carolina), 25, 29, 60, 93n Murray, Rear Admiral (British Navy), 81, 84,104 Mcintosh, John, 99 McKenney, Captain, 60 Nelson, Solomon, 53 Nepomucena de Quesada; Juan (Spanish Governor, East Florida), 100, 103 (ref. to) North & Vesey (Charleston firm), 80 I'Ouverture, General Toussaint, 65 Pecheu, Captain, 62 Pelletier, Captain, 62 Peronne, Captain Cesar, 76, 78, 79, 80, 80n, 109 Peters, Judge Richard, 9 Pinckney, Charles Cotesworth, 99 Pinckney, General Thomas, 31 Polverel (French Commissioner, Saint Domingue), 64 Pressinet (General Laveaux's Deputy), 66, 66n Randolph, Edmund (Attorney General of the United States), 44n Read, Colonel Jacob, 52 Reddick, Samuel, 53, 54 Rigaud, General Andre (Commander, Department of the South, Saint Domingue), 88 Rivington Shipyard (New York), 69 Robespierre, Maxmillien, 34, 37 Rogers, Elijah, 99, 102 Ross, Captain (Master of prize ELIZABETH) , 96 "Rusticus" (Alexander Garden, Jr.), 94, 94n Rutledge, John (Chief Justice of the United States Supreme Court), 98 Sanchez, Bernardino, 27, 28 Sasportas, Abraham, 58, 69, 70, 71, 73n, 93 Sheftall Mordecai (agent), 78 Shepland, Anthony (see Chaplin, Antoine) Shoolbred, G. (British Deputy Consul, Charleston), 30, 52n Silvestre, Captain, 105 Sinclair, John, 52,53,55,56,57,59,60,62 158 PRIVATEERS IN CHARLESTON, 179 3-179 6 Sonthonax, Leger-Felicite (French Commissioner, Saint Domingue), 64 Stanley, John (President of Assembly, St. Kitts, British West Indies), 90 Sweet, Captain, 59n, 60 Talbot, William, 41, 41n, 43, 52, 53, 54, 55, 57, 59, 60, 62, 70, 78 Theric Jean Frangois, 15n, 77n, 94, 109, 110 Trabadua, Captain Pedro, 78n, 79 Van Berkel (Resident Agent for United Netherlands), 62 Van Stabel, Rear Admiral Jean, 35,56, 57, 58, 59 Wilson, Associate Justice James (United States Circiut Court of Ap- peals), 97 VESSELS OTHER THAN PRIZES ADVICE, sloop, 22, 34 L'AIGLE, French privateer, CX-EAGLE, 103 L'AMI DE LA LIBERTE, French privateer schooner, 41n, 56, 57, 58, 59, 60, 62, 134-135, 136-137, 138-139, 144-145, 152-153 L'AMI DE LA POINTE-A-PITRE, French privateer schooner, 41, 42, 55, 57, 58, 59, 60, 61, 62, 70, 72, 96, 134-135, 136-137, 140-141, 148-149, 152-153 (see also FAIR PLAY) L'ATALANTE, French privateer, 28, 28n, 128-129 BLONDE, HM frigate, 81 LA BONNE MERE, French privateer, 130-131 LE BRUTUS, French sloop-of-war, 35 LE BRUTUS FRANGAIS, French privateer, CX-LE PICHEGRU, 69, 84, 85, 85n, 103, 128-129, 146-147 LE QA IRA, French privateer, 60n LA CARMAGNOLE, French privateer, 12 (illustr.) 76n, 86, 104, 105, 144-145 CATHERINE, 51 LA CHARENTE, French frigate, 35 LE CITOYEN GENET, French privateer brig, 8, 10 CLEOPATRA, HMS, 84 LE COURIER NATIONALE, French privateer, CX-COURIER OF LIVERPOOL, 83, 84n CYGNET, American brig, later LE GENERAL LAVEAUX, 69-72 DAEDALUS, HM frigate, 56 LE DAUPHIN, French privateer ship, ex-U.S. Continental frigate DELAWARE, 74, 75n, 83, 84n DELAWARE, former U.S. frigate, later LE DAUPHIN, 74 EAGLE, Bridsh Letter of Marque brig, later French privateer L'AIGLE, 77, 78, 80 L'EGALITE, French privateer schooner, CX-L'AMI DE LA POINTE-A-PITRE, 62, 96, 134-135, 142-143, 146-147 L'EMBUSCADE, French frigate, 8n, 136-137, 140-141 FAIR MARGARET, French privateer sloop, 50 FAIR PLAY, schooner, later L'AMI DE LA POINTE-A-PITRE, 53, 54 LA FLECHA, Spanish brig, 102 FLYING FISH, New Providence privateer, 60 INDEX 159 LE FONSPERTUIS, French privateer, 140-141, 152-153 LE GENERAL LAVEAUX, French privateer brig, CX-CYGNET, 69, 70, 71, 72, 73, 83n, 138-139,140-141, 142-143, 144-145, 150-151 LA GUILLOTINE, French privateer, 92n, 140-141,148-149 HAWKE, schooner, 42, 43 HUSSAR, HM frigate, 30, 33n, 78,19,81 HYAENA, former British frigate, 84 L'INDUSTRIE, French privateer schooner, 11,12-13, 17,17n, 29,40n, 41, 42, 48, 50, 72, 76n, 81, 128-129, 120-131, 134-135, 138-139, 148-149, 150-151 L'INTREPIDE, French privateer, LE JOU JOU NATIONALE, French privateer, 140-141 LE LASCAZAS, French national vessel, schooner, 28, 29, 37, 38, 40, 41, 42, 43, 136-137 LE LEO, French privateer, 103 LA LIBERTE, French privateer schooner, 8In, LITTLE JOHN (alias, see LE PETIT JEAN) LA MERE MICHEL, French privateer schooner, 83, 83n, 84, 134-135, 138- 139, 142-143, 152-153 LA MINERVE, French privateer, CX-MINERVA, 28, 28n, 29, 42, 128-129 LA MONTAGNE, French privateer schooner, 29, 81n, 93, 128-129, 146-147, 148-149 LA NARBONNAISE, French privateer, 76, 103, 128-129, 130-131, 132-133, 142-143, 144-145 NAUTILUS, HMS, 45n LA PANDOUR, French privateer, 8In, 83n LA PARISIENNE, French privateer schooner, 83, 84n, 103, 104, 132-133, 135-137, 144-145, 146-147, 148-149, 152-153 LA PATRIOTE, French privateer, 130-131 LE PETIT JEAN, French privateer, 138-139 LE PETIT PORT-DE PAEX, French privateer tender, 83n, 132-133 LA PETITE DEMOCRATE, French privateer brig, CX-LITTLE SARAH, 8, 8h LE PORT-DE PAIX, French privateer, CX-LE VAINQUEUR DE LA BASTILLE, 74, 83n, 130-131, 132-133, 138-139, 152-153 LE PICHEGRU, French privateer brig, CX-PULASKI, 81, 82 PULASKI, brig, 69 QUEBEC, HMS, 81 LE QUI L'AUROIT PENSE A QA, French privateer, 128-129, 152-153 LE REPUBLICAIN, French privateer sloop, 76n, 77, 78, 80, 81, 134-135, 144- 145, 148-149, 150-151, 152-153 LE ROBERT, French privateer, 29, 29n LA RESOLUTION (see la Revolution) LA REVOLUTION, French privateer, 137, 148-149 EL SAN ANTONIO, Spanish brig, 102 SAN JOSE, converted to French privateer, LE SAN CULOTTES, French privateer, 76n, 128-129 160 PRIVATEERS IN CHARLESTON, 1793-1796 LA SANS PAREILLE, French privateer schooner, 14-17, 17h, 29, 39n, 41, 42, 43, 48, 50, 75, 128-129, 130-131, 134-135, 136-137, 138-139, 140-141, 144-145, 148-149, 150-151 SCORPION, HM sloop-of-war, 78, 81 LA SIGNORIA, 76 SIR CHARLES GREY, British privateeer ship, 85 LA TENDRE MERE, French privateer, 140-141 TERPSICHORE, HM frigate, 81 THETIS, HM frigate, 81,82 LE VAINQUER DE LA BASTILLE, French privateer, 15, 130-131 LE VENGEUR, French privateer, 86, 103, 104, 138-139, 144-145, 146-147, 152-153 LE VENGEUR DE RISQUE-TOUT (see LE VENGEUR) LE VENGEUR DE SANS CULOTTES (see LE VENGEUR) LE VOLCAN, French privateer, CX-LE PORT-DE-PAEX, 132-133 LE VAN STABEL, French privateer, 47n