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the first charge, they understand that the circumstance is relied on, of their having been seen off the coast by the employes des Fermes, one or two days. They acknowledge they may have been so seen while beating off Pont Duval, till they could get a pilot, while entering that port, and again going round from thence to the road of the Isle de Bas. The reasons for this have been explained. They further add, that all the time they were at Pont Duval, they had a King s officer on board, from whom, as well as from their pilot, and the captain, by whose advice they left that port for the Isle de Bas, information can be obtained by their ac cusers, (who are not imprisoned) of the true motives for that mea sure. It is said to be urged also, that there was found in their vessel some loose tobacco in a blanket, which excites a suspicion that they had been selling tobacco. When they were stowing their loading, they broke a hogshead, as is always necessary, and is always done, to fill up the stowage, and to consolidate and keep the whole mass firm, and in place. The loose tobacco which had come out of the broken hogshead, they re-packed in bags : but in the course of the distress of their disastrous voyage, they had em- ployed these bags, as they had done every thing else of the same nature, in mending their sails. The condition of their sails, when they came into port, will prove this, and they were seen by witnes ses enough, to whom their accusers, being at their liberty, can have access. Besides, the sale of a part of their tobacco is a fact, which, had it taken place, might have been proved ; but they deny that it has been proved, or ever can be proved by true men ? because it never existed. And they hope the justice of this coun try does not permit strangers, seeking in her ports an asylum from death, to be thrown into jail and continued there indefinitely, on the possibility of a fact, without any proof. More especially when, as in the present case, a demonstration to the contrary is furnished by their clearance, which shews they never had more than eight hogsheads of tobacco on board, of which one had been put ashore at Hampton in Virginia, as has been before related, and the seven others remained when they first entered port. If they had been smugglers of tobacco, the opposite coast offered a much fairer field, because the gain there is as great ; because they understand the language and laws of the country, they know its harbors and coasts, and have connections in them. These circumstances are so important to smugglers, that it is believed no instance has ever oc curred of the contraband of tobacco, attempted on this side the channel, by a crew wholly American. Be this as it may, they are not of that description of men.
As to the second charge, that they have entered a port of
