Autograph, Contemporaneous or Certified Copy, Signed

Constitutional Legality of Claiming Privateer Ships in Charleston Port

Makes reference to a Spanish brig brought into the port of Charleston. Considers the Constitution the supreme law of the land in regards to treaties with France, and rejects the President's request to take captivity of the brig as a prize. Seeks to maintain neutrality.

1794

01

23

Henry Knox

William Maultice

Sans Pareille

George Washington

Captain Boutielle

Captain Hewiuex

Privateers

Spaniards

French

South Carolina

Charleston

France

Spanish Brig St. Joseph

Constitution

Treaty

1794012340001

1

4

Copy of a Letter from
the Governor of S. Carolina
to
The Secretary of War
23rd January
1794
Copy of a letter from his Excellency William Moultrie
Governor of South Carolina to the Secretary of War
dated Charleston 23rd January 1794
Sir,
Your communication of the 29th 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
the request therein through you made by the
President relative to that capture.
When I look into the sixth 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 inter-
ference which the President has therein request-
ed through you, however deserious I may be to
comply with the request of the Federal Execu-
tive. 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 every
investigation, that she took the Brig St. Joseph
as a prize without the limits prescribed by the Pre-
sident for the Capture of prizes on the American
coast, these two facts not being contested, but admit-
ted, I feel myself tied up by the 17th Article of the
Treaty of amity and commerce between France and
America, from taking or keeping longer possession
of the St. Joseph in the port of Charleston, or making
any determination respecting the lawfulness or 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 can,
Sir, pursue no line of conduct but that which the
Law and Constitution of my Country have mark
-ed out for me, in however respectable a shape, the
request may be presented, I must exercise my own
Judgement in this matter, and which I think is
too plain for me to hesitate longer on: In order
to preserve that Neutrality which the President
has inculeated in his Proclamation, as well, as to
conform to the Spirit and letter of the Treaty, I
conceive it to be my duty to avoid every Act
which may be considered as a deviation from them to
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 collusion

between Capt. Boutielle and Hewieux; the result of any
interference or examination I might make therein as
requested, will only constitute an Examination and determina-
tion of the legality of the prize, which I am persuaded from
doing. Had the St. Joseph been brought in here by Capt:
Hewieux's Vessel or any other of the proscribed Privateers,
there the case might have been different, but as Capt> Bou-
tielle'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 Govern-
or 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 affida-
vits and other informations which were laid before me
on the subject.

I have the honor to be Sir
with respect
Your most obediant
& most humble Servant
(signed) Willm Moultrie

PS Copies of this letter I have given to the french
Consul, & W. Schoolbred Agent for the Spaniards
Henry Knox Esq: Secretary of War True copy - F Flagg his clerk