Folios 223-225: [Continuing the list of enclosures with folios 211-212]. Copy of...

Folios 223-225: [Continuing the list of enclosures with folios 211-212]. Copy of a letter from Captain Stephen Poyntz, HMS Melampus, Hampton Roads, to British Consul John Hamilton, 17 September 1806. Acknowedges the Consul's letter and the enclosed correspondence from the French Vice Consul, claiming that the crew of L'Impétueux are not prisoners. He considers that the French forfeited this claim because they ran the ship aground rather than coming to anchor inside American territorial waters, and there is also evidence that the French had prepared to fire on the British if they had come within range. He believes the line of neutrality is equal to the distance of a cannon shot from the shore. He will leave it to Mr Hamilton to try to agree terms with the French officials. 17 September 1806. Copy of a letter from British Consul John Hamilton, Norfolk, Virginia to French Vice Consul M Oster. He had sent M Oster's previous letter to Captain Stephen Poytz of HMS Melampus, which is holding the prisoners sent in by the senior British officer, Captain William Hargood, encloses Captain Poyntz's reply. This states that until the status of the crew are agreed between M Oster and the American authorities, he is prepared to allow the prisoners ashore if M Oster will give a provisional parole for the prisoners and the French officers give their own parole.

Folio 225: enclosed with folios 211-212. Translation of letter from Monsieur M Oster, Vice Commissary of the Commercial Relations of France in Virginia, to British Consul John Hamilton, 18 September 1806. Acknowedges Mr Hamilton's letter enclosing one from Captain Stephen Poyntz of HMS Melampus. His opinion seems to differ from that of Captain William Hargood, who took possession of L'Impétueux inside American territorial waters. Feels he needs to gather more substantive evidence before he can reply fully to Mr Hamilton's letter.

Folio 226: enclosed with folios 211-212. Original French text from which Folio 225 was translated.

Folio 227: enclosed with folios 211-212. Translation of a letter from Monsieur M Oster, Vice Commissary of the Commercial Relations of France in Virginia, to British Consul John Hamilton, 19 September 1806. The commanding officer of L'Impétueux has told him that the British commander in the Chesapeake has never considered the French officers and crew as prisoners of war, and so he himself cannot acknowledge them as such.

Folio 228: enclosed with folios 211-212. Original French text from which Folio 227 was translated.

Folio 229: Enclosed with Folio 221: Copy of a letter from British Consul John Hamilton, Norfolk, Virginia to French Vice Consul M Oster. Acknowledges Monsieur Oster's letter of the previous day concerning the status of the crew of L'Impétueux. Despite what M Oster says about the conflicting opinions of British officers, it is a fact that the senior British officer asked him to obtain an acknowledgement that the officers and crew were prisoners of war.

Folio 230: [Blank].

Folios 231-232: enclosed with folios 211-212. Letter from British Consul John Hamilton, Norfolk, Virginia to Captain William Hargood, senior British officer, 20 September 1806. Recounts the sequence of events since he received Captain Hargood's letter of 14 September from Captain Stephen Poyntz of HMS Melampus concerning the crew of L'Impétueux. As it would have taken 16 days for him to receive a reply from the British Envoy Extraordinary, he instead wrote to the French Vice Consul. Encloses copies of some of the resulting correspondence, and Captain Poyntz has the rest. The French authorities are asserting that Captain Hargood told the French officers he did not consider them or their crew as prisoners, and as Captain Poyntz has allowed the prisoners to go ashore before receiving the French reply, there is no prospect of the French changing their minds or of the French officers giving their parole. Postscript. Adds a list of the correspondence enclosed.

Folio 233: enclosed with folios 211-212. Copy of a letter marked Private from British Consul John Hamilton, Norfolk, Virginia, to Captain William Hargood, senior British officer. In reply to Captain Hargood's private letter of 14 September, advises him that the United States considers that its territorial waters extend one league, or three geographical miles, from the coast. From what Captain Stephen Poyntz has told him, it seems that the French ship was destroyed within this limit, but the fact that the French commander ran his vessel ashore rather than anchoring inside US territorial waters and claiming neutral protection suggests that Captain Hargood is right to claim her as a prize. However, the matter will have to be sorted out at a more senior level. so he has sent copies of the correspondence to Anthony Merry, His Majesty's Envoy Extraordinary.

Folio 234: [Blank].

Folios 235-236: enclosed with folios 211-212. Letter from Captain William Hargood, HMS Belleisle, off the Chesapeake, to Briticise Consul John Hamilton, 25 September 1806. He received copies of the correspondence which Mr Hamilton had forwarded in HMS Melampus yesterday from Vice Admiral Sir John Borlase Warren. Thanks the Consul for his efforts but must contradict the French captain's assertion that Captain Hargood did not consider him and his crew to be prisoners of war. They were prisoners, and he wishes they had been sent to Halifax, only decided to send them into the Chesapeake because some were sick. He will probably be leaving the station, so any further information should be given to Captain John Erskine Douglas of HMS Bellona.

Folio 237: enclosed with folios 211-212. Copy of orders from Captain William Hargood, HMS Belleisle, at anchor off the Sand Hills 10 leagues South of Cape Henry, to Captain Stephen Poyntz, HMS Melampus. Orders him to take the French prisoners from L'Impétueux and obtain a receipt for them as prisoners of war from the British Consul at Norfolk.