Mr. Brice to Mr. Knox, Secretary of War.
In Council , August 23, 1793.
Sir: Your communications of the 6th instant arrived in the absence of Governor Lee, who is gone to the Virginia Springs. They were, of course, taken into consideration by the council, whose assistance the governor, for reasons stated to you in his letter of the 6th June last, has constantly required in matters of this kind. We immediately adopted the expedient of deputing a member to Baltimore, furnished with all the authority we could confer, to carry the views of the President into effect. Captain Kilty, who accepted this mission, has returned, and reports as follows:
That on his arrival in Baltimore he began and for two days pursued a diligent inquiry respecting, the two vessels said to be fitting out as privateers, without receiving any satisfactory account. That he then determined to interest the British vice-consul (Mr. Edward Thornton*) in the search; accordingly he opened his busines to that gentleman, who he believes used every endeavor to discover the privateers in question, but without effect. That he (Captain Kilty) then took an actual observation, in the public barge, of all the vessels in the harbor, and remained at length convinced that either those described by the Secretary of War were not there, or that they were not in such a state of preparation for cruising as to make it possible to discover their intention. That he had, however, observed at a wharf on Fell’s Point a schooner mounting twelve guns. Although this vessel, as well from her size as her having come in with the fleet from San Domingo, could not be the Virginia pilot-boat mentioned in the Secretary of War’s letter, yet as she seemed to have been making some equipments, and was evidently intended for a cruise, Captain Kilty thought it proper to make some [Page 358] inquiries respecting her. He did so, as far as was consistent with his resolution not to alarm those concerned in her, until he should have put himself in a condition to seize her, if he should find it necessary. The cautious manner in which this consideration obliged him to proceed rendered his intelligence very incomplete. On the whole, however, it appeared that she had added to her number of guns and made some alteration to her waist since her arrival with the fleet, but where the additional cannon were procured he could not learn. Although the regulations on this subject had not then appeared, it occurred to him that military equipments (although partial ones) were not permitted in our ports, and while he was considering whether the circumstances he had discovered would justify him in detaining the vessel, ad had returned to Fell’s Point to make a final observation and inquiry, he learned that an intimation of his design was on its way to her commander. Apprehending, therefore, that she would draw off into the stream, and make a visit to her difficult, if not impracticable, he resolved to get possession while it was in his power, and accordingly desired Mr. Gray-bill, the deputy marshal, to meet him at an appointed hour with a few gentlemen who could be confided in. This being done Captain Kilty went on board and inquired for the captain and other officers, but none of them were there. He then gave the vessel in charge to Mr. Graybill, desiring him to do whatever was necessary to disable her from moving off. He then inquired without reserve respecting the equipments she had made in Baltimore, but could not learn that she had procured guns or done anything that was essential to her as a privateer. That having left the vessel, he was about to return to the town for the purpose of finding the captain, who was said to be there, but was surprised with the appearance of a considerable body of Frenchmen, with a leader and a drum at their head, marching hastily toward the schooner; that being persuaded they intended to retake her, he opposed their progress, and some circumstances of tumult ensued, which at length subsided by these people protesting their ignorance of her having been taken by authority.
That the next morning Captain Kilty received a visit from the captain, Jean Baptiste Carvin, who is likewise owner of the schooner, and who with great temper asked the reasons of his vessel having been seized. That, on being informed that the principal ground of the measure was his having enlarged his number of guns, he produced papers signed by the proper officers at San Domingo, by which it appeared that his vessel, called the “Industry/’ has carried guns these three years past, and that on the 11th of April last she mounted sixteen, and had a crew sufficient for privateering. He produced likewise a commission or license for cruising, by which, as he explained it, the prizes went to the government, and the captors received a reasonable gratification. After exhibiting these papers, he asserted that he had procured no guns, or anything of a military nature, except a few spare rammers in Baltimore, but that the guns he appeared to have mounted since his arrival were brought in his hold. He acknowledged the purchase of some cordage and the cleaning the bottom of the vessel, with other things of an indifferent nature, and concluded with demanding if the armed vessels in general in the harbor were not equally liable to detention with his.
That, without thinking himself obliged to give entire credit to all these declarations, Captain Kilty still found it impossible to disprove any of them, and, therefore, being satisfied that no representation he should be able to make would induce or authorize the Federal Executive to continue the restriction he had laid on the vessel, but that, on the contrary, heavy damages would be incurred by the public for her detention, he resolved, after he should previously inquire of the French vice-consul respecting the authenticity of the documents exhibited by the captain, to release the vessel. Accordingly, he waited on that officer, who, with great readiness, said much more than was required, and, this ceremony being finished, Captain Kilty directed Mr. Graybill to release the vessel.
We have the honor to be, sir, &c.,
President.
- Mr. Thornton was the father of the present distinguished representative of H. B. M. at Washington.↩