t on board;
which not being complied with, he was persuaded it was an enemy, and
accordingly gave them a broadside. Upon this they sent a boat to the
Cicero and convinced Captain Hill, that the vessel was a Spanish
cutter.

"If this is really a true state of the fact, and I have reason to
believe it is, I am persuaded, that your Excellency will not think
Captain Hill's conduct was unjustifiable, or contrary to the common
usage in such cases. Having a valuable prize under his care, it was
his duty to protect it, and as it was impossible for him at night to
discover an enemy from a friend, in any other manner than the one he
used, the Captain of the cutter certainly appears to have been remiss
in not sending out his boat at first as well as at last.

"Both the Cicero and her prize now lie at Bilboa, laden with valuable
cargoes, and expected to sail from thence for North America on the
16th instant. The privateer alone, has one hundred and forty men on
board, and should they not be permitted to sail at the time
appointed, a very considerable expense must inevitably be incurred,
because they would be obliged to wait for the next spring tides.

"As no American vessel can have the least temptation to violate the
rights of Spain, but as on the contrary it is the well known interest,
as well as disposition, of the United States to cultivate the
friendship of his Catholic Majesty, I am convinced, that there was not
in this case the least intention of disrespect to the Spanish flag.
Permit me therefore to hope, that your Excellency will be pleased to
permit the departure of these vessels by a general order, or on
Captain Hill's giving security for the payment of such damages, as he
may become chargeable with, on the issue of a judicial inquiry into
this transaction.

"I assure your Excellency, that no citizen of America will be
countenanced by the United States in any improper conduct towards his
Catholic Majesty, or any of his subjects, and if I had the least
reason to think, that Captain Hill was in this predicament, it would
give me much more pleasure to hear of his being punished than
released.

"I have the honor to be, &c.

JOHN JAY."

The Count's answer to the above.

Translation.

"The Count de Florida Blanca has the honor to present his compliments
to Mr Jay, and to assure him, that the information he has received
rel