friends, without adding to your security against, I do not mean to grant, for I do not think, that your enemies. You are required, there ore, to do right and to leave the consequences to the future, when by doing right you have every thing to gain and nothing to lose. the edict of Berlin did at any time lend even a color of equity to the British orders in council with reference to the United States; but it might reasonably have been expected that they, who have so much relied upon it as a justification, would have suffered it and them to sink together. How this is forbidden by your safety or your honor remains to be explained; and I am not willing to believe that either the one or the other is inconsistent with the observance or substantial justice, and with the prosperity and rights of peaceful states. As to the orders in council, which professed to be a reluctant departure from all ordinary rules, and to be justified only as a system of retaliation for a pre-existing measure of France, their founda tion (such as it was is gone the moment that measure is no longer in operation. But the Berlin de cree is repealed; and even the Milan decree, the successor of your orders in council, is repealed also. Although your lordship has slightly remarked Why is it, then, that your orders have out lived upon certain recent acts of the French government, those edicts, and that they are still to oppress and and has spoken in general terms of "the system of harrass as before? Your lordship answers this ques- violence and injustice now pursued by France," as tion explicitly enough, but not satisfactorily. You requiring "some precautions of defence on the part do not allege that the French decrees are not re of Great Britain," I do not perceive that you depealed; but you imagine that the repeal is not to duce any consequence from these observations, in remain in force, unless the British government favor of a perseverance in the orders in council. I shall, in addition to the revocation of its orders in am not myself aware of any edicts of France which, council, abandon its system of blockade. I am now that the Berlin and Milan decrees are repealed, not conscious of having stated, as your lordship affect the rights of neutral commerce on the seas. seems to think, that this is so; and I believe in fact And you will yourselves admit that if any of the that it is otherwise. Even if it were admitted acts of the French government, resting on territohowever, the orders in council ought nevertheless ial sovereignty, have injured, or shall hereafter to be revoked. Can "the safety and honor of the injure, the United States, it is for them, and for British nation" demand that these orders shall con them only, to seek redress. In like manner it is tinue to outrage the public law of the world and for Great Britain to determine what precautions of sport with the undisputed rights of neutral com- defence those measures of France, which you demerce, after the pretext which was at first invented nominate unjust and violent, may render it expedifor them is gone? But you are menaced with a revient for her to adopt. The United States have only val of the French system, and consequently may to insist that a sacrifice of their rights shall not be again be furnished with the same pretext! Be it so among the number of those precautions. yet still, as the system and the pretext are at present at an end, so of course should be your orders. In replying to that passage in your letter, which adverts to the American act of non-intercourse, it According to your mode of reasoning, the situa- is only necessary to mention the proclamation of tion of neutral trade is hopeless indeed. Whether the president of the United States of the 2d of Nothe Berlin decree exists or not, it is equally to justi-vember last, and the act of congress, which my fy your orders in council. You issued them before letter of the 21st of September communicated, and it was any thing but a shadow, and, by doing so, to add, that it is in the power of the British governgave to it all the substance it could ever claim. It ment to prevent the non intercourse from being enis at this moment nothing. It is revoked, and has forced against Great Britain. Upon the concluding paragragh of your letter Ì passed away, according to your own admission.— You choose, however, to look for its re-appearance, will barely observe, that I am not in possession of and you make your own expectation equivalent to any document which you are likely to consider as the decree itself. Compelled to concede that there authentic, shewing that the French decrees are is no anti-neutral French edict in operation upon "absolutely revoked upon the single condition of the ocean, you think it sufficient to say that there the revocation of the British orders in council;" will be such an edict you know not when, and in the but that the information, which I have lately remean time you do all you can to verify your own ceived from the American legation at Paris, conprediction, by giving to your enemy all the provo-firms what I have already stated, and I think cation in your power to resume the decrees which proved, to your lordship, that those decrees are he has abandoned, repealed and have ceased to have any effect. I will now trespass on you no farther than to suggest, that it would have given me sincere pleasure to be enabled to say as much of the British orders in council, and of the blockades, from which it is impossible to distinguish them. I have the honor to be, with great respect and consideration, my lord, your lordship's most obeWM. PINKNEY. dient humble servant, The most noble the marquis Wellesley, &c. &c. &c. (TO BE CONTINUED.) For my part, my lord, I know not what it is that the British government requires, with a view to what it calls its safety and its honor, as an induce ment to rescind its orders in council. It does not, I presume, imagine that such a system will be suf fered to ripen into law. It must intend to relinquish it sooner or later, as one of those violent experiments, for which time can do nothing, and to which submission will be hoped in vain. Yet, even after the professed foundation of this mischievous system is taken away, another and another is industriously procured for it; so that no man can tell at what time, or under what circumstances, it is likely to have an end. When realities cannot be I communicate to congress copies of a corresponfound, possibilities supply their place, and that, which was originally said to be retaliation for actual dence between the envoy extraordinary and minisinjury, becomes at last (if such a solecism can be ter plenipotentiary of Great Britain and the secreendured or imagined) retaliation for apprehended tary of state relative to the aggressions committed injuries, which the future may or may not produce by a British ship of war on the United States frigate but which it is certain have no existence now, Chesapeake, by which it will be seen that that Affair of the Chesapeake. Message to the senate and house of representatives of the United States. subject of difference between the two countries, is MR. FOSTER TO MR. MONROE. MR. FOSTER TO MR. MONROE. Washington, Nov. 11, 1811. SIR-In pursuance of the orders which I have received from his royal highness the prince regent, in the name and on the behalf of his majesty, for the purpose of proceeding to a final adjustment of Washington, October 20, 1811. the differences which have arisen between Great SIR-I had already the honor to mention to you Britain and the United States in the affair of the that I came to this country furnished with instruc Chesapeake frigate, I have the honor to acquaint you tions from his royal highness the prince regent, in—First, that I am instructed to repeat to the Amethe name and on behalf of his majesty, for the pur rican government the prompt disavowal made by his pose of proceeding to a final adjustment of the majesty (and recited in Mr. Erskine's note of April differences which have arisen between Great Britain 17, 1809, to Mr. Smith), on being apprised of the and the United States of America in the affair of the unauthorised act of the officer in command of his Chesapeake frigate, and I had also that of acquaint- naval forces on the coast of America, whose recal ing you with the necessity under which I found from an highly important and honorable command myself of suspending the execution of those in immediately ensued as a mark of his majesty's disstructions in consequence of my not having per. approbation. ceived that any steps whatever were taken by the Secondly, that I am authorised to offer in addiAmerican government to clear up the circumstan- tion to that disavowal, on the part of his royal highces of an event which threatened so materially to ness, the immediate restoration, as far as circuminterrupt the harmony subsisting between our two stances will admit, of the men who in consequence countries, as that which occurred in the month of of admiral Berkley's orders were forcibly taken out last May, between the United States ship President, of the Chesapeake to the vessel from which they and his majesty's ship Little Belt, when every evi were taken; or if that ship should be no longer in dence before his majesty's government seemed to commission to such sea port of the United States as shew that a most evident and wanton outrage had the American government may name for the purbeen committed on a British sloop of war by an pose. American commodore. Thirdly, that I am also authorised to offer to the A court of inquiry however, as you informed American government a suitable pecuniary provime in your letter of the 11th instant has since been sion for the sufferers in consequence of the attack held by order of the President of the United States on the Chesapeake, including the families of those on the conduct of commodore Rodgers, and this seamen who unfortunately fell in the action, and of preliminary to further discussion on the subject, the wounded survivors. being all that I asked in the first instance as due to These honorable propositions, I can assure you, the friendship subsisting between the two states, I sir, are made with the sincere desire that they may have now the honor to acquaint you that I am ready prove satisfactory to the government of the United to proceed in the truest spirit of conciliation to lay States, and I trust they will meet with that amicabefore you the terms of reparation which his royal ble reception which their conciliatory nature entihighness has commanded me to propose to the tles them to. I need scarcely add how cordially I United States' government, and only wait to know join with you in the wish that they might prove inwhen it will suit your convenience to enter upon tro uctory to a removal of all the differences depending between our two countries, the discussion. I have the honor to be, with the highest conside ration and respect, sir, your most obedient humble servant, AUG. J. FOSTER. The hon. James Monroe, &c. &c. &c. FROM MR. MONROE TO MR. FOSTER. Department of state, Oct. 31, 1811. SIR-I have just had the honor to receive your letter of the 30th of this month. I am glad to find that the communication which I had the honor to make to you on the 11th inst. relative to the court of inquiry, which was the sub ject of it, is viewed by you in the favorable light which you have stated. I have the honor to be, with the greatest consideration and respect, sir, your most obedient humble servant, AUG. J. FOSTER. To the hon. James Monroe, &c. &c. &c. MR. MONROE TO MR. FOSTER. It is much to be regretted that the reparation due for such an aggression as that committed on the United States frigate the Chesapeake, should have been so long delayed; nor could the translation of Although I regret that the proposition which the offending officer from one command to another, you now make in consequence of that communica be regarded as constituting a part of a reparation tion, has been delayed to the present moment, I am otherwise satisfactory; considering however the ready to receive the terms of it whenever you may existing circumstances of the case and the early and think proper to communicate them. Permit me to amicable attention paid to it by his royal highness add, that the pleasure of finding them satisfactory the prince regent, the president accedes to the prowill be duly augmented, if they should be introduc position contained in your letter, and in so doing tory to a removal of all the differences depending your government will, I am persuaded, see a proof between our two countries, the hope of which is so of the conciliatory disposition by which the presilittle encouraged by cur last correspondence. Adent has been actuated. prospect of such a result will be embraced, on my The officer commanding the Chesapeake now part, with a spirit of conciliation, equal to that lving in the harbor of Boston, will be instructed to which has been expressed by you. receive the men who are to be restored to that ship. I have the honor, &c. Augustus J. Foster, Esq. &c. &c. &c. I have the honor to be. &c. Aug. J. Foster, esq. &c. &c. JAS. MONROE. JAS. MONROE. CONGRESS OF THE UNITED STATES. Our sketch of the proceedings of congress for the week last past, must necessarily be short-but as yet nothing of great interest has been done. HOUSE OF REPRESENTATIVES. A resolution was agreed to instructing the committee of commerce and manufactures to inquire into the expediency of encouraging the manufacture of iron, either by imposing additional duties, or prohibiting the importation of certain kinds of iron. Friday, November 8.-On motion of Mr. Dawson THE SENATE have also referred the message to Resolved, that a committee be appointed to bring several distinct committees. On the 12th inst. genein a bill for the apportionment of representatives ral Smith brought in a bill to make further provision among the several states, according to the third enu- for the corps of engineers; which, on the 13th was meration. read a second time and referred-same day he offerSome private petitions were received and referred ed a resolution to request information of the presi-and also a message from the president, inclosing two letters from our present plenipotentiary in France, &c. which shall be duly noticed. The house adjourned till Monday. Monday, November 11.-The following members form the several standing committees, viz. Committee of ways and means. Messrs. Bacon, Cheves, Smilie, Bibb, Burwell, Johnson and Pitkin. Cammittee of commerce and manufactures. Messrs. Newton, Lowndes, Mitchell, M'Kim, Tallmadge, Seybert and Tallman. Committee of claims.-Messrs. Bassett, Butler, Shaw, Brown, Mosely, Stanford and Archer. Committee of public lands. Messrs. Morrow, M Kee, Gold, Breckenridge, Blackledge, Boyd, Smith, of Pen. dent, whether tobacco of the United States "may be purchased by the Regie, to the full consumption of France," and, also to obtain a tariff of the duties imposed by France on sundry articles the produce or manufacture of the United States, &c. ERRATA. The National Intelligencer, from which we have co- Committee for the district of Columbia. Committee of revisal and unfinished business. Committee of accounts. Messrs. Turner, Blount and Little. they An error in punctuation in another part of the same letter materially changes the sense of the sentence. The following is the sentence as it was printed :— "An explanation of the cause of that supposed silence "is not less due to myself, than to the true character "of the transaction with the minister with whom I had the honor to treat. I may add, that an official "formal complaint was not likely to be resorted to, because friendly communications were invited and "preferred." Committee of post-offices and post-roads. The first sentence should have ended at the word Messrs. Rhea, Porter, Lysle, Dinsmoor, Tag-transaction." The other sentence would then read gert, Potter, Law, Chittenden, Hufty, Ridgeley, "With the minister with whom I had the honorto Kent, Sheffey, King, Earle, Hall, (of Georgia,)« treat, I may add that an official complaint was not "likely to be resorted to, &c." Desha and Morrow. November 12.-The house was chiefly occupied in a committee of the whole in a desultory debate arising from certain resolutions offered by Mr. Smilie, for referring different sections of the president's mes sage to different committees, which were agreed to. Sundry petitions were received and a good deal of minor business done. November 13.-A message was received from the president covering the correspondence between Mr. Monroe and Mr. Foster respecting the attack on the Chesapeake (see preceding page,) and also a return of the late census of the United States. The following gentlemen have been named upon the select committees appointed yesterday: Committee of foreign relations.-Messrs. Porter, Calhoun, Grundy, Smilie, Randolph, Harper, Key, Desha and Seaver. On the Army, &c.-Messrs. Williams, Wright, Macon, Nelson, Stow, Maxwell and Talmadge. On the naval force, &c.-Messrs. Cheeves, New ton, Milnor, Quincy, Cook, M'Kim and Fisk. On the Spanish American colonies.-Messrs. Mitchill, Bibb, Blackledge, Taggart, Champion, Butler and Shaw. The general interest excited by the documents accompanying the president's message, and an earnest desire to lay them before our readers in a compact and regular form as soon as possible, has induced us to issue an additional supplement to No. 10, and compelled us to exclude almost every thing else. They will repay the reader for the labor of perusing them.— among the documents is to be found an account of the adjustment of the affair of the Chesapeake." We had several things to mention this week of some concern to the public and ourselves, but must postpone them. It is probable we may issue another supplement next week,by which we shall get through the press of documents, and afford room for a considerable portion of miscellaneous matter. The exertion made to lay the documents before the readers of the Register has prevented the editor from completing the second edition of his four first numbers; but they will soon be ready for delivery, and carefully transmitted to all the new subscribers who have not received them. On hand-" Cebes," No. 2—and a valuable "acOn the manufacturing of cannon, small arms, &c. count of the manners and customs of the ancient inMessis. Seybert, Little, Goodwin, Tracy and Stur-habitants of Louisiana-government-history, &c. &c. from Brackenridge's sketches, corrected and On Indian affairs.-Messrs. M'Kee, Seaver, Mor-amended by the author, and politely transmitted by Thim from St. Louis. row, Sheffey and Brown. ges. SUPPLEMENTARY TO No. 11. -I wish no other herald, VOL. I.] "No other speaker of my living actions, Shakspeare-HENRY VIII. Printed and published by H. NILES, Water-street, near the Merchants' Coffee-House, at $5. per annum. Public Documents. Letters of Mr. Pinkney, our iate minister to Great MR. PINKNEY TO LORD WELLESLEY. THE MARQUIS WELLESLEY TO MR. PINKNEY. Foreign Office, February 11, 1811. SIR-The letter which I had the honor to receive from you, under date the 14th of January, 1811, has been submitted to his royal highness the prince regent. In communicating to you the orders which I Great Cumberland Place, 14th Jan. 1811. have received from his royal highness on the subMY LORD-After a lapse of many months since ject of your letter, I am commanded to abstain I had the honor to receive and convey to my govern from any course of argument, and from any expresment your lordship's repeated assurances, written sion, which (however justified by the general tenor as well as verbal, (which you declined, however, of your observations) might tend to interrupt the to put into an official form) that it was your inten-good understanding which it is the wish of his rogtion immediately to recommend the appointment al highness on behalf of his majesty to maintain "of a minister Plenipotentiary from the King to with the government of the United States. "the United States," the British government con No statement contained in your letter appears to tinues to be represented at Washington by a charge affect the general principles which I had the honor d'affaires, and no steps whatever appear to have to communicate to you in my letter of the 29th of been taken to fulfil the expectation which the above- December, 1810. mentioned assurances produced and justified. In this state of things it has become my duty to inform your lordship, in compliance with my instructions, that the government of the United States cannot continue to be represented here by a minister plenipotentiary. Great Britain has always insisted upon her right of self-defence against the system of commercial warfare pursued by France; and the British orders of council were founded upon a just principle of retaliation against the French decrees. The incidental operation of the orders of council upon the As soon, therefore, as the situation of the king's commerce of the United States (although deeply government will permit, I shall wish to take my to be lamented,) must be ascribed exclusively to the leave and return to America in the United States violence and injustice of the enemy, which compel frigate Essex, now lying at Plymouth; having first led this country to resort to adequate means of denamed, as I am specially authorised to do, a fit per-fence. It cannot now be admitted that the founda son to take charge of the affairs of the American tion of the original question should be changed, legation in this country. I have the honor to-be, &c. (Signed) WM. PINKNEY. The most noble the Marquis Wellesley, MR. PINKNEY TO LORD WELLESLEY. and that the measure of retaliation adopted against France should now be relinquished at the desire of the government of the United States, without any reference to the actual conduct of the enemy. The intention has been repeatedly declaredo f repealing the orders of council, whenever France shall actually have revoked the decrees of Berlin MY LORD-I have the honor to inform you, that and Milan, and shall have restored the trade of neuit has been represented to me that two American vestral nations to the condition in which it stood pre sels (the schooner Polly and the schooner Mary,) vicusly to the promulgation of those decrees. Even laden with codfish, and bound from Marblehead to admitting that France has suspended the operation Bordeaux, in France, have since the 1st inst. been of those decrees, or has repealed them with refercaptured and brought into Plymouth as prizes, for ence to the United States, it is evident that she has an imputed breach of the British orders in council. not relinquished the conditions expressly declared It is my duty to demand the restoration of these in the letter of the French minister, under date the France therefore requires vessels and their cargoes to the American owners, 5th of August, 1810. together with compensation for their unjust deten-that Great Britain shall not only repeal the orders tion, and liberty to resume the voyages which that of council, but renounce those principles of blockdetention has interrupted. I have the honor to be, &c. ade which are alledged in the same letters to be new, WM. PINKNEY. an allegation which must be understood to refer to (Signed) the introductory part of the Berlin decree. Great Britain shall not submit to these terms, it is plainly intimated in the same letter that France quires America to enforce them. The most noble the Marquis Wellesley, &c. &c. Extract of a letter from Mr. Pinkney to the secretary of state of the United States. "LONDON, February 12, 1811. "I received a few hours since a letter from lord Wellesley (a copy of which is enclosed,) in answer to mine of the 14th ult. respecting the British or ders in council and blockades," To these conditions his royal highness on behalf of his majesty, cannot accede. No principles of blockade have been promulgated or acted upon hy Great Britain previously to the Berlin decree, which are not strictly conformable to the rights of P civilized war and to the approved usages and law," vernments;" that more recently "the state of his of nations. The blockades established by the orders" majesty's government rendered it impossible to of council rest upon separate grounds, and are" make the intended appointment ;" and that lord justified by the principles of necessary retaliation, Wellesley was therefore "concerned to find by my in which they originated. "letter of the 14th of January, that the government The conditions exacted by France would require "of the United States should be induced to suppose, Great Britain to surrender to the enemy the most "that any indisposition could exist on the part of important maritime rights and interests of the unit-"his majesty's government, to place the British mised kingdom. "sion in America on the footing most acceptable to I am commanded to inform you that his royal "the United States, as soon as might be practicahighness cannot consent to blend the question which "ble consistently with the convenience of affairs has arisen upon the orders of council with any dis-" in this country.” cussion of the general principles of blockade. The two papers a e evidently calculated to pre This declaration does not preclude any amicable vent me from acting upon my late request of an audiscussion upon the subject of any particular block-dience of leave, and they certainly seem to put it in ade, of which the circumstances may appear to the my power, if they do not make it my duty, to forgovernment of the United States to be exceptiona-bear to act upon it. ble, or to require explanation. I have the honor to be, with great respect and consideration, sir, your most faithful and humble servant, (Signed) WELLESLEY. MR. PINKNEY TO LORD WELLESLEY. London, February 13, 1811. MY LORD-I have had the honor to receive your letter of the 11th instant, and will transmit a copy I have it under consideration(looking to the instruc- I have the honor to be, with great respect, &c. of it to my government. I can have no inducement The secretary of state of the United States. LORD WELLESLEY TO MR PINKNEY. (Marked “ Private.") Foreign office, Feb. 15, 1811. SIR-In the various unofficial communications which I have had the honor to make to you, respecting the appointment of a minister plenipotentiary from the king to the United States, I have endeavoured to explain to you in the most distinct manner, the circumstances which had delayed that appointment; and I have expressed my intention to recommend that it should be carried into effect as soon as the situation of his majesty's government might permit. Great Cumberland Place, 13th Feb. 1811. The delay was occasioned in the first instance MY LORD-Referring to my letter of the 14th of (as I stated to you repeatedly) by an earnest desire last month, I beg to be informed by your lordship of rendering the appointment satisfactory to the at what time his royal highness the prince regent United States and conducive to the effectual eswill do me the honor to give me audience of leave.tablishment of harmony between the two governI have the honor to be, with great respect and ments. Since that period of time the state of his consideration, my lord, your lordship's most obe- majesty's government rendered it impossible to dient humble servant, make the intended appointment. (Signed) WM. PINKNEY. MR. PINKNEY TO THE SFCRETARY OF STATE. I was therefore concerned to find by your letter of the 14th of January, that the government of the United States should be induced to suppose that any indisposition could exist on the part of his majesty's government, to place the British mission in America on the footing mest acceptable to the United States, as soon as might be practicable, consistently with the convenience of affairs in this country. London, February 16, 1811. SIR-I received at a very late hour last night two notes from lord Wellesley (bearing date "February 15th. 1811"), of which copies, marked No. 1, and No. 2. are enclosed.-Taken together (as of course they must be), they anounce the appointment of Mr. Foster as envoy extraordinary and minister pleni- In pursuance of the intention so often declared potentiary to the United States, and set forth the to you, his royal highness the prince regent has reasons why an appointment has been so long de been pleased, in the name and on behalf of his malayed. jesty, to appoint Mr. Foster, (lately charged with You will perceive in the second and third para-his majesty's affairs in Sweden) to be his majesty's graphs of the unofficial paper, a distinct disavowal envoy extraordinary and minister plenipotentiary of the offensive views which the appointment of a to the United States; and that appointment will be mere charge d'affaires, and other circumstances, notified in the next gazette. appeared originally to indicate. You will of course exercise your own judgment We are now told, in writing, that the delay in under these circumstances, respecting the proprieappointing a minister plenipotentiary was occasionty of requiring an audience of leave, on the grounds ed in the first instance, not by any such considera which you have stated, tions as have been supposed. but, "by an earnest "desire of rendering the appointment satisfactory to the United States, and conducive to the effectual "establishment of harmony between the two go. I have the honor to be, with great respect and consideration, sir, your most obedient and humble servant, WELLESLEY. (Signed) |