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TO THE COUNT DE VERGENNES.

Paris, November 14,1785.

Sir,

I take the liberty of troubling your Excellency on behalf of six citizens of the United States, who have been for some time confined in the prison of St. Pol de Léon, and of referring for particulars to the enclosed state of their case. Some of the material facts therein mentioned, are founded on the bill of sale for the vessel, her clearance from Baltimore, and her log-book. The originals of the two last, and a copy of the first, are in my hands. I have, also, letters from a merchant in Liverpool to Asquith, which render it really probable that his vessel was bound to Liverpool. The other circumstances depend on their affirmation, but I must say that in these facts they have been uniform and steady. I have thus long avoided troubling your Excellency with this case, in hopes it would receive its decision in the ordinary course of law, and I relied, that that would indemnify the sufferers, if they had been used unjustly: but though they have been in close confinement now near three months, it has yet no appearance of approaching to decision. In the mean time, the cold of the winter is coming on, and to men in their situation, may produce events which would render all indemnification too late. I must, therefore, pray the assistance of your Excellency, for the liberation of their persons, if the established order of things may possibly admit of it. As to their property and their personal sufferings hitherto, I have full confidence that the laws have provided some tribunal where justice will be done them. I enclose the opinion of an advocate, forwarded to me by a gentleman whom I had desired to obtain, from some judicious person of that faculty, a state of their case. This may perhaps give a better idea than I can, of the situation of their cause. His inquiries have led him to believe they are innocent men, but that they must lose their vessel under the edict, which forbids those under thirty tons to approach the coast. Admitting their innocence, as he does, I should suppose them not the objects on whom such an edict was meant to operate. The essential papers, which he says they re-demanded from him, and did not return, were sent to me, at my desire. I am, with sentiments of the highest respect, your Excellency’s most obedient

and most humble servant,

Th: Jefferson.

The case of Lister Asquith, owner of the schooner William and Catharine, William M’Neil, captain, William Thomson, William Neily, Robert Anderson, mariners, and William Fowler, passenger.

Lister Asquith, citizen of the State of Maryland, having a lawsuit depending in England which required his presence, as involving in its issue nearly his whole fortune, determined to go thither in a small schooner of his own, that he might, at the same time, take with him an adventure of tobacco and flour to Liverpool, where he had commercial connections. This schooner he purchased as of fifty-nine and a quarter tons, as appears by his bill of sale, but she had been registered by her owner at twenty-one tons, in order to evade the double duties in England, to which American vessels are now subject. He cleared out from Baltimore for Liverpool, the 11th of June, 1785, with eight hogsheads of tobacco and sixty barrels of flour, but ran aground at Smith’s point, sprung a leak, and was obliged to return to Baltimore to refit. Having stopped his leak, he took his cargo on board again, and his health being infirm, he engaged Captain William M’Neil* to go with him, and on the 20th of June sailed for Norfolk in Virginia, and, on the 22nd, came to in Hampton road, at the mouth of the river on which Norfolk is. Learning here, that tobacco would be better than flour for the English market, he landed fifty barrels of his flour and one hogshead of tobacco, which he found to be bad, meaning to take, instead thereof, nine hogsheads of tobacco more. But the same night it began to blow very hard, with much rain. The 23d, the storm became more heavy; they let go both their anchors, but were driven, notwithstanding, from their anchorage, forced to put to sea and to go before the wind. The occurrences of their voyage will be best detailed by short extracts from the log-book.

* This was the officer, who, on the evacuation of Fort Mifflin, after the British had passed the chevaux-de-frise on the Delaware, was left with fifteen men to destroy the works, which he did, and brought off his men successfully. He had, before that, been commander of the Rattlesnake sloop of war, and had much annoyed the British trade; Being bred a seaman, he has returned to that vocation.

June 24. The weather becomes worse. One of the fore shrouds and the foremast, carried away.

June 25. Shifted their ballast, which threw them on their beam ends, and shipped a very heavy sea. Held a consultation; the result of which was, that seeing they were now driven so far to sea, and the weather continuing still very bad, it was better to steer for Liverpool, their port of destination, though they had not their cargo on board, and no other clearance but that which they took from Baltimore.

June 29. The first observation they had been able to take N.lat. 38° 13’.

June 30. Winds begin to be light, but the sea still very heavy.

July 5. Light winds and a smooth sea for the first time, in lat. 43° 12’.

July 9. Spoke a French brig, Comte D’Artois, Captain Mieaux, from St. Maloes, in distress for provisions. Relieved her with three barrels of flour.

Aug. 6. Thick weather and strong wind. Made the Land’s End of England.

Aug. 7. Unable to fetch the land, therefore bore off for Scilly, and came to with both anchors. Drove, notwithstanding, and obliged to get up the anchors, and put to sea, running southwardly.

Aug. 8. Made the land of France, but did not know what part.

Here the log-book ends. At this time they had on board but ten gallons of water, four or five barrels of bread, two or three pounds of candles, no firewood. Their sails unfit to be trusted to any longer, and all their materials for mending them exhausted by the constant repairs which the violence of the weather had called for. They therefore took a pilot aboard, who carried them into Pont Duval; but being informed by the captain of a vessel there, that the schooner was too sharp built (as the American vessels mostly are) to lie in that port, they put out immediately, and the next morning the pilot brought them to anchor in the road of the Isle de Bas. Asquith went immediately to Roscaff, protested at the admiralty the true state of his case, and reported his vessel and cargo at the custom-house. In making the report of his vessel, he stated her as of twenty-one tons, according to his register. The officer informed him that if she was no larger, she would be confiscated by an edict, which forbids all vessels, under thirty tons, to approach the coast. He told the officer what was the real truth as to his register and his bill of sale, and was permitted to report her according to the latter. He paid the usual fees of ten livres and seven sols, and obtained a clearance. Notwithstanding this, he was soon visited by other persons, whom he supposes to have been commis of the Fermes, who seized his vessel, carried her to the pier, and confined the crew to the vessel and half the pier, putting centinels over them. They brought a guager, who measured only her hold and part of her steerage, allowing nothing for the cockpit, cabin, forecastle, and above one half of the steerage, which is almost half the vessel, and thus made her contents (if that had been of any importance) much below the truth. The tobacco was weighed, and found to be six thousand four hundred and eighty-seven pounds,* which was sent on the 18th to Landivisiau, and on the 19th, they were committed to close prison at St. Pol de Léon, where they have been confined ever since. They had, when they first landed, some money, of which they were soon disembarrassed by different persons, who, in various forms, undertook to serve them. Unable to speak or understand a word of the language of the country, friendless, and left without money, they have languished three months in a loathsome jail, without any other sustenance, a great part of the time, than what could be procured for three sous a day, which have been furnished them to prevent their perishing.

* A hogshead of tobacco weighs generally about one thousand pounds, English, equal to nine hundred and seventeen pounds French. The seven hogsheads he sailed with, would therefore weigh, according to this estimate, six thousand four hundred and twenty-three pounds. They actually weighed more on the first essay. When afterwards weighed at Landivisiau, they had lost eighty-four pounds on being carried into a drier air. Perhaps, too, a difference of weights may have entered into this apparent loss.

They have been made to understand that a criminal process is going on against them under two heads. 1. As having sold tobacco in contraband; and 2., as having entered a port of France in a vessel of less than thirty tons’ burthen. In support of the first charge, they understand that the circumstance is relied on, of their having been seen off the coast by the employés des Fermes, one or two days. They acknowledge they may have been so seen while beating off Pont Duval, till they could get a pilot, while entering that port, and again going round from thence to the road of the Isle de Bas. The reasons for this have been explained. They further add, that all the time they were at Pont Duval they had a King’s officer on board, from whom, as well as from their pilot, and the captain, by whose advise they left that port for the Isle de Bas, information can be obtained by their accusers (who are not imprisoned) of the true motives for that measure. It is said to be urged also, that there was found in their vessel some loose tobacco in a blanket, which excites a suspicion that they had been selling tobacco. When they were stowing their loading, they broke a hogshead, as is always necessary, and is always done, to fill up the stowage, and to consolidate and keep the whole mass firm and in place. The loose tobacco which had come out of the broken hogshead, they re-packed in bags: but in the course of the distress of their disastrous voyage, they had employed these bags, as they had done every thing else of the same nature, in mending their sails. The condition of their sails when they came into port will prove this, and they were seen by witnesses enough, to whom their accusers, being at their liberty, can have access. Besides, the sale of a part of their tobacco is a fact, which, had it taken place, might have been proved; but they deny that it has been proved, or ever can be proved by true men, because it never existed. And they hope the justice of this country does not permit strangers, seeking in her ports an asylum from death, to be thrown into jail and continued there indefinitely, on the possibility of a fact, without any proof. More especially when, as in the present case, a demonstration to the contrary is furnished by their clearance, which shows they never had more than eight hogsheads of tobacco on board, of which one had been put ashore at Hampton in Virginia, as has been before related, and the seven others remained when they first entered port. If they had been smugglers of tobacco, the opposite coast offered a much fairer field, because the gain there is as great; because they understand the language and laws of the country, they know its harbors and coasts, and have connections in them. These circumstances are so important to smugglers, that it is believed no instance has ever occurred of the contraband tobacco, attempted on this side the channel, by a crew wholly American. Be this as it may, they are not of that description of men.

As to the second charge, that they have entered a port of France in a vessel of less than thirty tons’ burthen, they, in the first place, observe, that they saw the guager measure the vessel, and affirm that his method of measuring could render little more than half her true contents: but they say, further, that were she below the size of thirty tons, and, when entering the port, had they known of the alternative of either forfeiting their vessel and cargo, or of perishing at sea; they must still have entered the port: the loss of their vessel and cargo being the lesser evil. But the character of the lawgiver assures them, that the intention of his laws are perverted, when misapplied to persons, who, under their circumstances, take refuge in his ports. They have no occasion to recur from his clemency to his justice, by claiming the benefit of that article in the treaty which binds the two nations together, and which assures to the fugitives of either from the dangers of the sea, a hospitable reception and necessary aids in the ports of the other, and that, without measuring the size of their vessel.

Upon the whole, they protest themselves to have been as innocent as they have been unfortunate. Instead of relief in a friendly port, they have seen their misfortunes aggravated by the conduct of officers, who, in their greediness for gain, can see in no circumstance any thing but proofs of guilt. They have already long suffered and are still suffering whatever scanty sustenance, an inclement season, and close confinement can offer most distressing to men who have been used to neither, and who have wives and children at home participating of their distresses; they are utterly ignorant of the laws and language of the country, where they are suffering; they are deprived of that property which would have enabled them to procure counsel to place their injuries in a true light; they are distant from the stations of those who are appointed by their country to patronize their rights; they are not at liberty to go to them, nor able to have communication through any other than the uncertain medium of the posts; and they see themselves already ruined by the losses and delays they have been made to incur, and by the failure of the original object of their voyage. They throw themselves, therefore, on the patronage of the government, and pray that its energy may be interposed in aid of their poverty and ignorance, to restore them to their liberty, and to extend to them that retribution which the laws of every country mean to extend to those who suffer unjustly.