Admiralty, and has allowed no person to have them in hist possession. This law is so just, that not a word can be said, and all Nations must approve of such a regulation; for, without it, Papers might be kept back, or altered for purposes contrary to justice. With respect to the original detention of the Vessels, that must be deferred, on the belief that the Vessels and Cargoes are Enemy's property, or that either the Vessel or Cargo is Enemy's property; in either case, the necessity of carrying the Vessel into Port is obvious. This is a tax which Neutrals are subject to; but if it should turn out that there was no just cause for detention, the Vessels are liberated by the Judge of the Admiralty Court, after a trial, and such damage awarded as the case may require. This Tribunal being acknowledged by all Nations, and more particularly by our august Sovereigns in the late Treaty of St. Petersburg, nothing can be more regular than bringing the cause before it as soon as possible. I am aware it may be said, why was not this done immediately? To which I can only answer, that I am very sorry the Judge of the Admiralty appointed by his Majesty for the Island of Malta, from some cause unknown to me, was not arrived. It is to this circumstance that both the Neutral Power and the Captors have equally to regret the not being able to obtain an earlier decision. But wherever the fault or accident of his non-arrival may lie, your Excellency will agree with me, that it does not rest with the Captors; and we can neither of us say, that any one has done wrong in bringing these Vessels to adjudication, until it is proved so. I have every inducement, both of a public and private nature, to wish much prosperity to the commerce of the rising Republic, fostered under the special protection of your august Sovereign; between whom and my Royal Master so happily subsists such a perfect good understanding and harmony. I send your Excellency the report of the Captain making the seizure, on which only I can form my judgment, It appears, if that be correct, that there was great cause to suspect, at least, the Cargoes being Enemy's property. I am, &c., NELSON AND Bronte. TO SPIRIDION FORESTI, ESQ., HIS MAJESTY'S MINISTER TO THE REPUBLIC OF THE SEVEN ISLANDS. [Autograph draught, in the possession of Earl Nelson.] Sir, [Victory, off Toulon, 22nd October, 1803.] I have been honoured with your letter of 23rd September, enclosing one to you from the Prince President, relative to the detention of some Vessels belonging to the Republic of the Seven Isles. Although I have answered Count Mocenigo fully on this matter, yet I shall do the same to you, in order that it may come regularly before His Excellency the Prince President. You communicated to the Government of the Republic that I was entrusted to aid and assist them to the utmost of my power, in case of an attack from the French; and I gave the very strictest order to the whole of His Majesty's Fleet under my command, to respect their Neutrality: therefore, in those respects, as far as related to me, I have done all which the Republic could possibly wish or desire. The detention of the Vessels alluded to, I am confident, must have been made by an impression on Captain [Richardson] that either the Vessels and Cargoes belonged to our Enemies, or that one or other did do so; for certainly no Captain would knowingly either risk his commission by disobedience of orders, or ruin himself by being obliged to pay for making an illegal seizure. I send you Captain Richardson's report of two of the Vessels. The third, I have had no report of. I suppose, from your letter, that she must have been taken by the Braakel, who is stationed in the Archipelago. From the report sent to me, of which I send you a copy, it appears that the Parthenope and St. George belongedeither Vessels or Cargoes, or both-to our Enemies, and although under Ionian colours and Passes, lawful objects of seizure; and the Cargoes being admitted by the President not to belong to Subjects of the Republic, I cannot conceive under what pretence he interferes for the Cargoes, whatever he may for the Vessels. They, by his own account, he can know nothing of, but what he is told. Captain Richardson supposes them to belong to Genoese; and on that belief, he was not only justifiable in sending them into Port if the Vessels were proved to belong bonâ fide (and not covered for purposes contrary to Neutrality) to subjects of the Republic. I sincerely wish they had been liberated. But Captain Richardson seems to have conducted himself,-by the President's account, and no other has reached me,-in strict conformity to the laws and regulations of the High Court of Admiralty, in refusing the Ionian Consul the Papers; for it is justice, and the law of Nations, that must finally decide these matters, and not the pleasure of any individual, however high his rank. Justice presides in the British tribunals, and even the Monarch is not suffered to interfere. I trust the President will be satisfied with this information, respecting our laws; and I can only re-assure him, and the Republic, that as far as my situation will allow me to interfere, in any manner beneficial for them, it will never be omitted by, Sir, &c. NELSON AND Bronte. TO HIS EXCELLENCY HUGH ELLIOT, ESQ., H. M. MINISTER Sir, [Original in the Elliot Papers.] Victory, off Toulon, 22nd October, 1803. I have the honour to transmit your Excellency a letter from Captain Hillyar of his Majesty's Ship Niger, dated the 19th instant, and to mention my regret that the Ports of Sicily afford shelter to the Privateers of our Enemies, so foreign to the laws of Neutrality, by which our Trade from Malta has already materially suffered; and unless some strict prohibition is issued against the French Privateers taking our Trade from the Sicilian Ports and Shores, as mentioned in the said letter, as well as by His Majesty's Consuls, who have complained to me of similar depredations, the Trade of Malta and others passing Sicily must inevitably fall into the Enemies' hands; I therefore trust your Excellency will see the necessity of adopting such measures as may tend to prevent this serious evil. I have the honour to be, &c., NELSON AND BRONTE. TO COMMISSIONER OTWAY, AT GIBRALTAR. [Letter-Book.] Victory, off Toulon, 22nd October, 1803. Sir, Gover's Gun-carriages furnished his Majesty's Ship Narcissus some time ago, having many of them broke, and rendered the Ship almost in a state of distress for carriages, I have to request you will be pleased to consult with the Military Ordnance Store-keeper (and if necessary, Lieutenant General Sir Thomas Trigge) respecting some new ones being made, agreeable to the model sent herewith, as early as possible, for the said Ship; but if found impracticable to be done at Gibraltar, you will have the goodness to forward the model by the first opportunity to the Lords Commissioners of the Admiralty, in order that they may give the necessary directions respecting them, or the Narcissus being furnished with other Gun-carriages in their stead. I am, &c., NELSON AND BRONTE. TO J. B. GIBERT, ESQ., VICE-CONSUL, AT BARCELONA. [Letter-Book.] Sir, Victory, off Toulon, 22nd October, 1803. Your attention in sending wine for the service of the Fleet, and refreshments, was certainly very praiseworthy; and as it ought to have been with me early in August, the Fleet never being off its station for many months, I still am at a loss to account for the conduct of the Patroons of the Vessels not coming to the Fleet: at the same time, I admit it is very hard that you should be a sufferer for such misconduct; what your recompence should be, I must leave to the Commissioners for Victualling His Majesty's Navy. I wanted the wine and waited a month for it before I sent to other places, and it might have been on board our Ships in ten days at farthest, but that, I suppose, is no fault of yours. I send you a letter for the Commissioners of the Victualling, which I hope will produce the desired effect, and afford you all the satisfaction the case requires. I am, &c., NELSON AND BRONTE. P.S.-I have sent the letter to the Commissioners for Victualling His Majesty's Navy under a flying seal, that you may make the proper use of it, and transmit them copies of the letters therein alluded to. TO THE COMMISSIONERS FOR VICTUALLING HIS MAJESTY'S NAVY, LONDON. [Letter-Book.] Gentlemen, Victory, off Toulon, 22nd October, 1803. In July last, I desired Captain Gore of the Medusa, in his way to Gibraltar, to call off Barcelona, and to say to our Consul, Mr. Gregory, that a hundred tuns of good Catalonian wine, with onions and other refreshments, would be very acceptable to the Fleet. The Consul being in England, the Memorandum was delivered to Mr. Gibert, the Vice-Consul. It appears by Mr. Gibert's account, that he sent wine on the 30th of August to the Fleet, but the Vessels never came to the Fleet from that day to this. The reasons are set forth in the several letters of August 30th, September 12th and 18th, and October 7th, of which I have desired him to send you copies. Mr. Gibert feels the hardship of having shipped this wine to serve our Country, and that he is likely to be a loser by his zeal, which he certainly ought not to be. I must, Gentlemen, on your considering every circumstance, leave it to your judgment what to allow him, as I cannot possibly be a judge of these matters. His Patroons have certainly behaved very ill, for the Fleet has never been for two days together, without some one being in the sight of Toulon; but, as I observed before, Mr. Gibert, although he has been unfortunate in his selection, ought not to be a sufferer for his zeal and ready attention to my wishes. I am, &c., NELSON AND BRONTE. TO J. B. GIBERT, ESQ., VICE-CONSUL, BARCELONA. Sir, [Letter-Book.] Victory, off Toulon, 22nd October, 1803. I am very much obliged by the news communicated to me in your letter of the 7th instant, and sincerely desire that Spain, for her own sake, may preserve her Neutrality; and I have also to hope that the Fleet under my command will not meet with any unnecessary impediment in getting bullocks, and other refreshments, at the different Spanish Ports or places they may be ordered to. I am, Sir, &c., NELSON AND BRONTE. |