[Untitled]
Most Excellent Sir:On view of your communication, wherein you inform me that you had intimated the commander of the ship Florida, south American corsair, to quit this port, and make known “his reply, whereby he alleges the existence of force majeure, in his being short of provisions, water, and coals to navigate, it is my duty to inform you that I consider that ship only entitled to protection under the general laws of humanity; and I understand that, according to said laws, we need not deny to any one the necessary means of subsistence, and therefore agree to his being furnished with such provisions and water as he may require, but cannot do the same with regard to coals; whereas said ship being built on the mixed system, and being therefore enabled to navigate by means of her sails, as she no doubt has already done, and as is evident from the fact of her having taken eighteen days in coming from Brest to this port; and it not being consistent with my duty that she should, within the territory confided to me, be permitted to furnish herself with that article in a greater quantity than what is necessary for her to leave this port, attain such a distance off as not to be prejudiced by the ship-of-war of the United States which is likewise now at anchor in this port, and for the purpose of cooking on board, I think that I am only authorized in allowing her to be furnished with twenty tons of coals, which quantity, although not sufficient to put her in a position of causing damage is nevertheless sufficient to avert any danger to which she might, by chance, be exposed on leaving this port.
In this sense your excellency will be pleased to communicate with the commander of the aforesaid corsair, and apprise me of the result.
God preserve your excellency.
His Excellency the Captain of the Port of Funchal.