[Copy of a Letter from the Governor of S. Carolina to The Secretary of War 23 January 1794—] [Copy] Copy of a letter from His Excellency William Moultrie Governor of South Carolina, to the Secretary of War, dated Charleston 23^d January 1794. Sir, Your communication of the 20^th November last, respecting the Spanish Brig St Joseph brought into the Port of Charleston by the Privateer Sans Pareille of the French republic as a lawful Prize, I have the honor to acknowledge the receipt of. I have fully weighed and considered the subject of the request therein through you made by the President relative to that Capture. When I look into the 6^th Article of the Constitution of the United States, and find the Constitution, the Laws of the United States and "all Treaties made or which shall be made under the Authority of the U.S. shall be the Supreme Law of the Land" When I consider our Treaties with France as well as my Oath as Governor of this State to support that Constitution, I feel myself in the strongest degree prohibited from the interference which the President has therein requested through you, however desirous I may be to comply with the request of the Federal Executive. The Sans Pareille is acknowledged by every one I find, to be a Privateer lawfully fitted out, out, armed and commissioned under the authority of the French Republic, and it appears from any investigation, that she took the Brig St Joseph as a Prize without the limits prescribed by the President for the taking of Prizes on the American coast. These two facts not being contested I do not feel myself [undecipherable: let up] by the [undecipherable] Article of the Treaty of amity and commerce between France and America, from taking or [undecipherable] any disposition of the St Joseph in the Port of Charleston, or making any determination respecting the [undecipherable: Captors] of the unlawfulness of the Capture as requested by the President. The Articles of the Constitution, and of the Treaty referred to, will speak for themselves. I am, [undecipherable] in no [undecipherable] but that [undecipherable] the Law and Constitution of my Country force [undecipherable] out for me in [undecipherable] manner [undecipherable] a Step the [undecipherable] may be [undecipherable]. I cannot conceive any [undecipherable] [undecipherable] in this matter, and [undecipherable] I think is so plain for [undecipherable] [undecipherable] [undecipherable]. In order to [undecipherable] that neutrality which the President has [undecipherable] in his Proclamation, [undecipherable] wish to [undecipherable] the Spirit and Letter of the Treaty. I conceive it to be my duty to [undecipherable] every, and to me it appears that any interference will either involve in it an infraction of the Treaty, or of our Neutrality, if not both. — With respect to the circumstance of the collision between Cap^t Bouchette and [undecipherable]; the result of any interference or examination I might make therein as requested, will only establish an Examination and determination of the legality of the Prize, which I am precluded from doing. That the St Joseph been brought in here by Cap^t [undecipherable] Vessel or any other of the proscribed Privateers, there the case might have been different, but as Cap^t Bouchette's Vessel is not of that class, if she make capture of any Enemy's Vessel without the limits, and the other circumstances be ever so illegal, I apprehend that I as Governor of this State, have no authority to investigate the legality of such Capture. For the above reasons I must therefore leave the matter for the decision of the President. I herewith enclose you all the copies of the different affidavits and other informations which were laid before me on the subject. I have the honor to be Sir with respect Your most obedient & most humble servant (signed) Willi^am Moultrie P.S. Copies of this letter I have given to the French Consul, & M^r Schoolbred Agent for the Spaniards.— Henry Knox Esq^r Secretary of War— [undecipherable] [signature]