ap

still you It is seen with satisfaction that On the 5th of August last the duke of Caadmit that the application of an adequate dore announced to general Armstrong, that force is necessary to give a blockade a legal these decrees were revoked, and that they character, and that it will lose that character would cease to operate on the first of November. Since the first of November whenever that adequate force ceases to be plied. As it cannot be alledged that the ap- these decrees have not, to my knowledge, plication of any such adequate force has been in any instance, been executed to the prejucontinued, and actually exists in the case of dice of American property arriving since that the blockade of May 1806, it would seem to be time. On the contrary the Grace Ann Green, a fair inference that the repeal of the orders coming clearly within the penal terins of in council will leave no insuperable difficulty those decrees, had they continued in force, with respect to it. To suppose the contrary, was liberated in December last, and her carwould be to suppose that the orders in council go admitted in April. This vessel had indeed said to include that blockade, resting them-been taken by the English and retaken from selves on a principle of retaliation only, them; but as this circumstance is not asand not sustained by the application of an signed here as the cause of the liberation of adequate force, would have the effect of sus-this property, it ought not to be presumed to ap- have operated alone as such. taining a blockade admitted to require the Whatever special reasons may be supposed plication of an adequate force, until such adequate force should actually take the place of for the release of the Grace Ann Green, that the orders in council. Whenever any block-of the New Orleans Packet must have resulade is instituted, it will be a subject for con-ted from the revocation of the French edicts. sideration, and if the blockade be in conformi- The New Orleans Packet had been boarded ty to the lww of nations, there will be no dis-by two English vessels of war, and had been some time at an English port, and thus doubly position in this government to contest it. transgressed against the decrees of MilanI have the honor to be, &c. On arriving at Bordeaux, she was in fact seiz(Signed) ed by the director of the customs, and these very transgressions expressly assigned as the cause of seizure, When I was informed of Department of State, Oct. 17, 1811. this precipitate act of the officer at Bordeaux, SIR.I have the honor to communicate to I remonstrated against it on the sole ground you a copy of two letters from the charge des that the decrees, under which it was made, affaires of the United States at Paris, to their had been revoked. This remonstrance was charge des affaires at London, and a copy of heard. All further proceedings against the a correspondence of the latter with the mar-New Orleans Packet were arrested, and on the quis of Wellesley on the subject. By this it 9th of January, both the vessel and the cargo will be seen, that Mr. Smith was informed were ordered to be placed at the disposition by the marquis of Wellesley, that we should of the owners on giving bond. This bond has transmit to you a copy of the communication since been cancelled by an order of the gofrom Paris, that it might have full considera-vernment and thus the liberation of the protion in the discussions depending here. perty perfected. The New Orleans Packet has Although an immediate repeal was to have been some time waiting in the Garonne, with been expected from your government, on the her return cargo on board, for an opportunity receipt of this communication, if the new only of escaping the English orders in council. I know of no other American vessels arriproof which it affords of the French repeal was satisfactory, yet it will be very agreeved voluntarily in the empire of France or able to learn that you are now authorised to the kingdom of Italy, since the first of Noconcur in an arrangement that will terminate vember, to which the deerces of Berlin and both the orders in council and the non-impor- Milan could be applied.

JAS. MONROE. Aug. J. Foster, Esq. &c. &c. &c.

MR. MONROE TO MR. FOSTER.

tation act.

P. S. Hearing that you will not be in town for several days, this letter, and one bearing date on the first of this month, whic I had prepared and intended to deliver to you on my return here, are forwarded by a special I have the honor to be. &c. messenger. (Signed) JAS. MONROE. Augustus J. Foster, Esq. &c. &c.

I am, sir, very respectfully, your obedient JONA. RUSSELL. scrvant, (Signed)

I. S. Smith, Esq. Charge des Affaires, London.

MR. RUSSELL TO MR. SMITH.

Paris, 14th July, 1811. Sir-I had the honor to address to you, on the 5th instant, a brief account of the Gence Ann Green and of the New-Orleans Packet. The proof of which these cases furnish e-pcParis, 5th July 1811. cially the latter, ought, when unopposed, as SIR.-I observe by your letter of the 7th it is, by any conflicting circumstance, to be alt. your solicitude to obtain evidence of the considered as conclusive. In addition howerevocation of the Berlin and Milan decrees. Iver to their existence, I have now the satisfac

MR. RUSSELL TO MR. J. S. SMITH,

WELLESLEY.

tion to communicate to you the liberation of with the government of the United States, the Two Brothers, the Good Intent and the respecting the British orders in council. His Star, three American vessels captured since dispatches containing the particulars of the the first of November, and brought into this negociation have not yet reached me: Under empire or into ports under its control. Ithese circumstances I have transmitted a copy should have no doubt been able to have an- of your letter, together with its enclosure, to nounced the release, by one general decision, Mr. Foster, in order that those documents of every American captured since that period, may receive full consideration in the progress if the only enquiry were whether or not they of the discussions, now depending in Amerihad violated the Berlin and Milan decrees.ca. I have the honor to be, &c. Unfortunately, however, the practices of late years render the question of property extremely difficult to be satisfactorily decided amidst the false papers and false oaths; after Washington, Oct. 22, 1811. the most minute and tedious investigation, it I had the honor to receive your letter of the often remains doubtful whether this property 17th instant, together with its three enclobelongs to a neutral or an enemy. The time sures, on the road between Baltimore and employed in this investigation has surely no this city; I had that of receiving at the same connection with the Berlin and Milan decrees, time your letter dated October 1, in answer to and cannot be considered as evidence of their mine of the 26th of last July. Not having had any dispatches from his

continuance.

(Signed)

MR. FOSTER TO MR. MONROE.

It is possible that these decrees may be majesty's government lately, I have not yet kept in force in their municipal character, received the copy of the recent communication and be applied for the confiscation of English from Paris in regard to the supposed repeal merchandize on the continent-and to pre-of the French decrees which the charge d'afvent their performing this function does not faires of the United States at London has intiappear to be a concern of the United States, mated to you that he understood the marquis nor can the measure adopted in retaliation of Wellesley intended to transmit to me, and it, on the part of England, be justly extend which I conclude is the same as that contained beyond its limits and made to reach an unEd in the letter of Mr. Russel, the American offending neutral power, which the act of her charge d'affaires in France. I am however in enemy does not affect. daily expectation of the arrival of his majes It is sufficient for us that the Berlin and ty's packet boat, when it will in all probabilMilan decrees have ceased to be executed on ity reach me, and when if I should receive the high seas, and if the orders in council any fresh instructions in consequence I will still continue to operate there, they surely not fail immediately to acquaint you. In the are not supported by any principle of the law meanwhile however I beg you will permit me of retaliation, but must be considered as a to make some remarks in reply to your letter simple and unqualified violation of our neu-of October 1, being extremely anxious to do tral and national rights. away the impression which you seem to have received relative to the demand I had made for the repeal of the non-importation act of the present year.

The proof now before you of the revocation of the Berlin and Milan decrees consists in the precise and formal declarations of this government, in its discontinuance to execute It is, assure you, sir, with very great rethem to our prejudice in a single instance; in gret that I find you consider that demand as its having exempted from their operation eve-involving in any degree propositions tending ry vessel arriving spontaneously since the first to degrade your nation. Such an idea cerof November, to which they could be appli- tainly never existed with his majesty's go ed; and every vessel forcibly brought in since vernment, nor would it be compatible with that time on which there has been a decision. the friendly sentiments entertained by them After such evidence, to pretend to doubt of for the United States, neither could I have their revocation with regard to us would suffered myself to be the channel of conveyseem to be the result of something more than ing a demand which I thought had such a mere incredulity.

With much respect, &c.

JONA. RUSSEL.

LORD WELLESLEY TO MR. JOHN S. SMITH.

Foreign Office, August 14, 1811.

tendency. However you view the demand made on the part of Great Britain, I can safely say that it was made in consequence of its appearing to his majesty's government on strong evidence that the chief of the French nation had really deceived America as to the SIR-Since the date of my last letter, I repeal of his decrees, and in the hopes that have the honor to inform you, that I have re- the United States' government would thereceived a letter from Mr. Foster, his majesty's fore see the justice of replacing this country minister in America, by which it appears that on its former footing of amicable relations he had actually commenced a negociation SEE NO. 11 FOR CONTINUATION,

Printed and published by H. NILES, Water-street, near the Merchants' Coffee-House, at $5. per annum.

Public Documents.

evidence there is that the lawless and unbounded ambition of the ruler of France has been the origin Continued from the Additional Supplement to No. 10. of it, and it cannot be a secret to the United States' with England, nothing appearing to be more natu- government that his plan has been, and avowedly ral than such an expectation, which seemed a necontinues to be, not to scruple at the violation of cessary consequence of the disposition expressed any law provided he can thereby overthrow the by America to maintain her neutrality, and desi maritime power of England. Is it not therefore rable in every other point of view. I cannot indeed reasonable in Great Britain to distrust an ambigubring myself to think, sir, that your candor would ous declaration of his having suddenly given up allow you, on a consideration, to put any other any part of a system which he thought calculated construction on the matter, and had my arguments to produce such an effect? You say however that had sufficient weight with you in shewing that the the decrees of Berlin and Milan are revoked.-French decrees were still in force, I cannot doubt America, as not being at war and therefore not but you would have agreed with me in the conclu- seeing so nearly into the views of France, may be sion I drew; it would seem therefore only owing to your not viewing the deceitful conduct of the French government in the same light that it appears to his majesty's government that a difference of opinion exists between us as to the proposal I made, which under the conviction entertained by them, was surely a very just and natural one.

less scrupulous as to the evidence necessary to Prove the fact; but, sir, it surely cannot be expected that Great Britain, who is contending for every thing that is dear to her, should not require more proof on a point so material to her. It is undoubt edly a very desirable thing for the United States to

have a free and unrestricted trade with both belli

From the earliest desire of vindicating myself and gerents, but the essential security and most immy government from the charge of making any de portant interests of America are not involved in the grading or unjust demands on that of America, I have question as are those of Great Britain. France taken the liberty to trouble you so far,and I will pro-deadly to the resources of Great Britain, and before has levelled a blow which she hopes will prove ceed to shew why I thought you had misunderstood the passage of my letter which related to the extent the British government can with safety give up the measures of defence in consequence adopted by in which the repeal of the French decrees was required by Great Britain. In the explanation which them, very strong proof must exist of the cessation you desired on this point, I gave you that which the by France of her novel and unprecedented meamarquis Wellesley gave to Mr. Pinkney in answer

sures.

to his letter of August 25, 1810, and I beg to refer I confess, sir, with the sincerest disposition to you to the message of the president of the United discover on the part of the ruler of France a return States on the opening of congress in December to the long established practice of warfare as exer1810, for a proof that the demand of Great Britain cised in civilized Europe, I have been unable to in the extent in which I have stated it was known succeed; and if the French government had really meant to withdraw their obnoxious decrees, it is to your government several months ago; how was I therefore to suppose in the term innovations, as inconceivable why, instead of allowing their intenapplied to the explanation given by me, that you openly and in plain language have declared so-the tion to be guessed at or inferred, they should not could mean otherwise than some really new pretension on the part of Great Britain, such as that decrees themselves having been clearly enough anFrance should suffer British property to be carried nounced on their enactment, why should not their into her ports for the purposes of trade? If the revocation be equally explicit.

warmth I was betrayed into in endeavoring to re- While however numerous declarations bave been fute a supposed imputation of this sort gave any made on the part of France of the continued existoffence, I sincerely regret it, and I will beg permisence of the decrees, and captures made under them sion here to say, sir, that if unconsciously I have of neutral ships have occurred, a few of the Ame by any of my remarks led you to suppose they con-rican vessels seized since November 1, have been veyed any improper insinuations, as one paragraph restored, and the foregoing, a very small part of his of your letter would appear to imply, I am most plunder, is desired by Bonaparte to be considered unfeignedly sorry for it, as I entertain the high-as a proof of the sincerity of his revocation by Aest respect for you personally and for your governmerica; but it must be recollected that besides the ment, and could only have meant what I wrote in object of ruining the British resources by his own the way of argument, or for the purpose of con unauthorised regulations, he has also that of endeatrasting the proceedings of France in her conduct vouring to obtain the aid of the United States towards the United States with that of Great for the same purpose, and herein you will, as I had Britain. the honor to remark in a former letter, be able to In reverting to the extraordinary and unprece- observe the cause of the apparently contradictory dented situation of things that has arisen out of the language held both by himself and his ministers. war in Europe it would seem needless to repeat the I shall be extremely happy, to receive from you

I have the honor to be, with the highest consideration and respect, sir, your most obedient humble servant, AUG. J. FOSTER. To the honorable James Monroe, &c. &c. &c.

MR. MONROE TO MR. FOSTER.

Department of State, Oct. 29, 1811. SIR-I have had the honor to receive your letter

sir, the information that in a frank and unambigu-, I need not repeat to you, sir, what sincere satis. ous manner the chief of the French government faction it would give me if without the sacrifice of had revoked his decrees. Why he should not do so the essential rights and interests of Great Britain is inexplicable if he means to revert to the ordinary all the points in discussion between our two counrules of war, but while he exercises such despotic tries could be finally adjusted. sway wherever his influence extends, to ruin the resources of England, it cannot be expected that Great Britain shall not use the means she possesses for the purpose of making him feel the pressure of his own system. There is every reason to believe that ere long the effects on the enemies of Great Britain will be such as irresistably to produce a change which will place commerce on its former basis. In the mean time, sir, I hope you will not of the 22nd of this month, and to lay it before the think it extraordinary if I should contend that the president. seizure of American ships by France, since No- The assurances which you have given of your vember 1, and the positive and unqualified declara- disposition to reciprocate, in our communications tions of the French government are stronger proofs on the important subjects depending between our of the continued existence of the French decrees governments, the respectful attention which each and the bad faith of the ruler of France, than the has a right to claim, and that no departure from it restoration of five or six vessels, too palpably given was intended in your letter of the 26th July, has up for fallacious purposes or in testimony of his been received with the satisfaction due to the frank satisfaction at the attitude taken hy America, is a and conciliatory spirit in which it was made. proof of their revocation, or of his return to the I learn, however, with much regret, that you principles of justice. have received no instructions from your governI will only repeat, sir, in answer to your obser- ment founded on the new proof of the revocation vations on the late condemnation of the ships taken of the Berlin and Milan decrees, which was comunder his majesty's orders in council, what I have municated to the marquis of Wellesley by the already had the honor to state to you, that the delay American charge des affaires at London, in a docuwhich took place in their condemnation was not ment of which I had the honor to transmit to you in consequence of any doubt existing in his majes- a copy. It might fairly have been presumed, as I have ty's government, as to whether the French decrees before observed, that the evidence afforded by that were revoked, as you seem to imagine, but in con- document, of the complete revocation of those desequence of its being thought that the American crees, so far as they interfered with the commerce government, upon its appearing that they were de- of the United States with the British dominions, ceived by France, would have ceased their injurious would have been followed by an immediate repeal measures against the British commerce. A consi- of the orders in council. From the reply of the derable time elapsed before the decision took place marquis of Wellesley, it was at least to have been on those ships, and there is no doubt, but that had expected that no time had been lost in transmitting the United States' government not persisted in that document to you, and that the instructions their unfriendly attitude towards Great Britain on accompanying it would have manifested a change discovering the ill faith of France, a spirit of conci- in the sentiments of your government on the liation in his majesty's government would have subject. The regret therefore cannot but be increas ed in finding that the communication which I had

caused their release.

In reply to your observations on the pretensions the honor to make to you, has not even had the of Great Britain relative to the revocation of the effect of suspending your efforts to vindicate the French decrees, I beg to repeat that the sum of the perseverance of your government in enforcing those demand made by England is that France should orders.

follow the established laws of warfare as practised I regret also to observe, that the light in which in former wars in Europe. Her ruler by his decrees you have viewed this document, and the remarks of Berlin and Milan declared himself no longer which you have made on the subject generally, bound by them, he has openly renounced them in seem to preclude any other view of the conditions his violent efforts to ruin the resources of Great on which those orders are to be revoked, than Britain, and has trampled on the rights of indepen-those that were furnished by your former communident nations to effect his purpose. If the French cations. You still adhere to the pretension that government make use of means of unprecedented the productions and manufactures of Great Britain, violence to prevent the intercourse of England when neutralized, must be admitted into the ports with unoffending neutrals, can it be expected that of your enemies. This pretension, however vague England should tamely suffer the establishment of the language heretofore held by your government, such a novel system of war, without retaliation, particularly by the marquis of Wellesley, in his and endeavoring in her turn to prevent the French communications with Mr. Pinkney on the subject, from enjoying the advantages of which she is un-was never understood to have been embraced. Nolawfully deprived? thing indeed short of the specific declarations which you have made would have induced a belief that such was the case.

Having explained already the situation in which the question of the blockade of May 1806, rests according to the views of his majesty's government, and the desire of Great Britain to conduct her sys-1 tem of blockade according to the laws of nations, I will only advert to it on this occasion for the purpose of taking the liberty of acknowledging to you the very great pleasure I received from the highly honorable mark of respect which you have taken the occasion to express for the illustrious statesman from whose counsels that measure emanated.

I have the honor to be, &c. &c.
(Signed)
JAS. MONROE.
Augustus J. Foster, Esq. &c. &c. &c.

MR. FOSTER TO MR. MONROE.

Washington, October 31, 1811. SIR-I did not reply at great length to the observations contained in your letter of the first instant on the pretensions of Great Britain as relative to

the French system, because you seemed to me to France a navy at his command equal to the enforc have argued as if but a part of the system continuing of his violent decrees, he would soon show ed, and even that part had ceased to be considered that part of them to be no dead letter. The princias a measure of war against Great Britain. For me ple is not the less obnoxious because it is from neto have allowed this, would have been at once to al- cessity almost dormant for the moment, nor ought low in the face of facts that the decrees of France it therefore to be less an object to be strenuously rewere repealed, and that her unprecedented measures,sisted.

His

avowedly pursued in defiance of the laws of nations Allow me, sir, here to express my sincere regret were become mere ordinary regulations of trade. that I have not as yet been able to convince you, therefore thought fit to confine my answer to your by what I cannot but consider the strongest evidence, remarks, to a general statement of the sum of the of the continued existence of the French decrees, demands against Great Britain, which was, that and consequently of the unfriendly policy of your France should by effectually revoking her decrees government in enforcing the non-importation against revert to the usual method of carrying on war as us and opening the trade with our enemies. practised in civilized Europe. royal highness will, I am convinced, learn with unThe pretension of France to prohibit all com feigned sorrow, that such continues to be still the merce in articles of British origin in every part of determination of America, and whatever restricthe continent is one among the many violent inno-tions on the commerce enjoyed by America in his vations which are contained in the decrees, and majesty's dominions may ensue on the part of Great which are preceded by a declaration of their being Britain, as retaliatory on the refusal by your gofounded on a determination of the ruler of France, vernment to admit the productions of Great Britain as he himself avowed, to revert to the principles while they open their harbors to those of his majeswhich characterised the barbarism of the dark ages, ty's enemies, they will, I am persuaded, be adoptand to forget all ideas of justice and even the comed with sincere pain, and with pleasure relinquishmon feelings of humanity in the new method of car-ed whenever this country shall resume her neutral rying on war adopted by him. position and impartial attitude between the two bel. ligerents.

I have the honor to be, with the greatest consideration and respect, sir, your most obedient humAUG. J. FOSTER.

To the hon. James Monroe, &c. &c. &c. .

OCCUPATION OF FLORIDA.

MR. FOSTER TO MR. MONROE.

It is not however a question with Great Britain of mere commercial interest, as you seem to suppose, which is involved in the attempt by Bonaparte to blockade her both by sea and by land, but one of ble servant, feeling and of national honor, contending as we do against the principles which he professes in his new system of warfare. It is impossible for us to submit to the doctrine that he has a right to compel the whole continent to break off all intercourse with us, and to seize upon vessels belonging to neutral nations upon the sole plea of their having visited an Washington, July 2d, 1811. English port, or of their being laden with articles SIR-The attention of his majesty's government has of late been called to the measures pursued by of British or colonial produce in whatsoever manthe United States for the military occupation of ner acquired. West Florida. The language held by the president This pretension, however, is but a part of that at the opening of the late session of congress, the system the whole of which, under our construc-hostile demonstrations made by the American forces tion of the letter of M. Champagny of August 5, under captain Gaines, the actual summoning of the 1810, corroborated by many subsequent declarations fort of Mobile, and the bill submitted to the approof the French government and not invalidated by bation of the American legislature for the interior any unequivocal declaration of a contrary tenor, administration of the province, are so many direct must be considered as still in force. and positive proofs that the government of America

In the communication which you lately trans- is prepared to subject the province of West Florida mitted to me, I am sorry to repeat that I was una- to the authority of the United States. ble to discover any facts which satisfactorily proved The Spanish minister in London addressed a note that the decrees had been actually repealed, and I in the month of March last to his majesty's secrehave already repeatedly stated the reasons which tary of state for foreign affairs; expressing in suffi too probably led to the restoration of a few of the cient detail the feelings of the government of Spain American ships taken in pursuance of the Berlin respecting this unprovoked aggression on the inteand Milan decrees after Nov. 1. Mr. Russell does grity of that monarchy. not seem to deny that the decrees may still be kept Mr. Morier in his note to Mr. Smith of Decemin force, only he thinks they have assumed a muni- ber 15, 1810, has already reminded the American cipal character; but in M. Champagny's declara government of the intimate alliance subsisting betion, ambiguous as it was, there is no such division tween his majesty and Spain, and he has desired of them into two different characters, for if the con- such explanations on the subject as might convince tingency required by the French minister took place his majesty of the pacific disposition of the United the Berlin and Milan decrees were to cease accord-States towards Spain. Mr. Smith in his reply has ing to his expression without any qualification. If, stated that it was evident that no hostile or unfriendtherefore, a part of them remain or be revived ly purpose was entertained by America towards again, as seems to be allowed even here, why may Spain; and that the American minister at his ma not the whole be equally so? Where proof can be jesty's court had been enabled to make whatever obtained of their existence, we have it, namely, in explanations might comport with the frank and the ports of France, in which vessels have been conciliatory spirit which had been unvariably ma avowedly seized under their operation since Novem-nifested on the part of the United States. ber 1. Of their maritime existence we cannot so Since the date of this correspondence Mr. Pinkeasily obtain evidence, because of the few French ney has offered no explanation whatever of the ships of war whieh venture to leave their harbors. motives which have actuated the conduct of the Who can doubt however but that had the ruler of United States in this transaction, a bill has been