Correspondence of Jonathan Russell, Esq. charge des| affaires in France. MR. RUSSEL TO MR. SMITH, SECRETARY OF STATE. Paris, January 16, 1811. You will perceive with satisfaction that not only these powers but the system itself under which they were to have been exercised have been abandoned. I have the honor, &c. &c. SIR-Your letter of the 8th of November, rela-Honorable Robert Smith, secretary of state. tive to the powers given by this government to its MR. RUSSEL TO THE DUKE OF CADORE. THE DUKE OF CADORE TO MR. RUSSEL. Paris, 18th January, 1811. SIR-I have read with much attention your note of the 12th January, relative to the licences intended to favor the commerce of the Americans in France, this system had been conceived before the revocation of the decrees of Berlin and Milan had been resolved upon. Now circumstances are changed by the resolution taken by the United States, to cause their independence to be respected. That which has been done before this last epoch can no longer serve as a rule under actual circumstances. Accept the assurances of my high consideration. CHAMPAGNY, DUKE DE CADORE. MR. RUSSEL TO THE DUKE OF BASSANO. Paris, 12th January, 1811. SIR-The public journals and letters from gene ral Armstrong have announced to the American go vernment an imperial decree, by which permission is to be granted to a stated number of American vessels to import into France from certain ports of The honorable Mr. Russel. the United States the articles therein specified, and to export in return such productions of the French empire, as are also enumerated in said decree. This Paris, 29th April,, 1811. trade, it would appear, is to be carried on under the Encouraged by the assurances which your exauthority of imperial licences, and can only be per-cellency was pleased to give in the conversation fected by the act of the French consul residing which I had the honor to hold with you yesterday, within the jurisdiction of the United States at the that the French government was disposed to prospecified ports. mote, as far as it might be in its power, the success of the mission of the special minister of the U. States to the court of Denmark, I dare persuade myself that your excellency will feel no hesitation in return. ing such an answer to the following enquiries, as shall place the facts to which they relate beyond the possibility of doubt or controversy: The United States have no pretension of right to object to the operation of commercial regulations, strictly municipal authorised by the French go vernment to take effect within the limits of its own dominions; but I am instructed to state to you the inadmissibility on the part of the United States, of such a consular superintendance as that which is contemplated by this decree respecting a trade to be carried on under licences. 1st. Did not the minister of foreign relations by a dispatch, dated the 20th of April, 1808, authorise the consuls of France in the United States to deliver France cannot claim for her consuls, either by certificates of origin to vessels destined for neutral treaty or custom, such a superintendance. They or allied ports and prescribe the formalities required can be permitted to enjoy such legitimate functions for such certificates? only as are sanctioned by public law, or by the usage 2d. Was not the dispatch of the duke of Cadore, of nations growing out of the courtesy of indepen- of the 30th of August last, the first that was receiv ed in the United States, either by the French minis dent states. Besides the decree in question professes to invest ter or consul general there, prohibiting the further certain consuls with a power which cannot be regu-delivery by French consuls of certificates of origin larly exercised in the United States without the except to vessels destined to French ports? tacit permission of the American government; a 3d. Was not this last mentioned dispatch first permission that cannot be presumed, not only be- received by general Turreau on the 13th of Novem cause it is contrary to usage, but because consuls ber last, and for the first time communicated by him thus acting would be exercising functions in the on that day to the French consuls. And were not United States, in virtue of French authority only, these consuls in the official and authorised practice which the American government itself is not com until the said 13th of November, of furnishing cerpetent to authorise in any agents whatever. If the construction given by the government of the United States to this decree be correct, the go. vernment of France should not for a moment mislead itself by a belief that its commercial agents will be permitted to exercise the extraordinary power thus intended to be given to them. I pray your excellency, &c. &c. MR. RUSSEL TO MR. SMITH, SECRETARY OF STATE. tificates of origin to American vessels bound to neutra! ports or to ports belonging to the allies of France, and might not some of these consuls, by reason of their distance from the place of residence of general Turreau have lawfully executed and delivered such certificates several days subsequent to that time. These facts are directly established by the letter of general Turreau to Mr. Smith, of the 12th of November last, or necessarily inferred from the declaration contained in that letter, and I cannot permit myself to doubt that your excellency will readi ly repeat them in a form that shall claim the attention of the Danish government and induce it to correct any errors which an ignorance or misapprehension of them may have occasioned in its proceedings against American property. Paris, 21st January, 1811. SIR-On the 18th instant, I received a note dated that day from the duke of Cadore in answer to the representation which I had made to him on the 12th of this month, relative to the exceptionable powers I rely with the more confidence on the frankness intended to be exercised by the French consuls in of your excellency in according the request now the United States in perfecting the contemplated presented to you as a refusal might operate the con trade under licences. [See No. 12, for continuation.] Printed and published by H. NILES, Water-street, near the Merchants' Coffee-House, at $5. per annum. Public Documents, CONTINUED FROM SUPPLEMENT TO NO 11. with a clearance for Lisbon, but actually destined for Gibraltar. Her cargo, likewise the property of Mr. Ruden, consisted of 207 whole tierces and 31 fiscation of much innocent property, and at the half tierces of rice, 330 bags of Surinam cocoa, 10 same time appear to falsify the lawful acts of the hogsheads of tobacco, 6 tierces of hams, 50 barrels consuls and the official declaration of the minister of pork, 60 barrels of beef, 200 barrels of flour, 30 tierces of beans and 64 firkins of butter. On her of France in the United States. I beg leave to renew to your excellency the assurpassage to Gibraltar she was boarded by an English ances, &c. &c. (Signed) JONATHAN RUSSEL. MR. RUSSEL TO MR. SMITH. Paris, 27th May, 1811. SIR-By the first opportunity which presented itself after the admission of our vessels on the 4th of May, I communicated this event to the American charge d'affaires at London, in hopes that it might be useful there. The enclosed is a copy of the note which I addressed him on the occasion. JONATHAN RUSSEL. The hon. Robert Smith, COPY OF A LETTER FROM MR. RUSSEL TO frigate and an English schooner, and after a short detention allowed to proceed. On arriving at Gibraltar, the 26th of August, Mr Munro, the s supercargo, proceeded to sell the cargo, and actually disposed of the flour, the beans and the butter, when about the 20th of September a packet arrived there from England, bringing newspapers containing the publi cation of the letter from the duke of Cadore of the On the receipt of this intelligence 5th of August. Mr. Munro immediately suspended his sales, and after having consulted with Mr. Hackley, the American consul at Cadiz, he determined to proceed with the remainder of his cargo to Bordeaux. He remained, however, at Gibraltar until the 22d of October, that he might not arrive in France before the 1st of November, the day on which the Berlin and Milan decrees were to cease to operate. He arrived MR. in the Garonne on the 14th of November, but by reason of this quarantine did not reach Bordeaux before the 3d of December. On the 5th of this month the director of the customs there, seized the Paris, 10th May, 1811. I hand you herewith, the copy of a letter to me from his excellency the duke of Bassano, dated the *4th instant, and enclosing a list of the American vessels whose cargoes have been admitted by order of the emperor. New Orleans Packet and her cargo under the Milan decrees of the 23d November and 17th December 1807, expressly set forth, for having come from an English port and for having been visited by an English vessel of war. These facts having been As this list contains all the American vessels except one only whose papers were mislaid, which stated to me by Mr. Munro, or by Mr. Mever, the have arrived spontaneously in the ports of France, American vice consul at Bordeaux and the princi since the first of November last, which had not pal one, that of the seizure under the Milan decrees, already been admitted-the measure adopted by being established by the process verbal put into my this government, may perhaps be considered to be hands by Mr. Martini, one of the consignees of the of a general character, and a consequence of the cargo, I conceived it to be my duty not to suffer actual relations between the two countries; grow. ing out of the revocation of the Berlin and Milan it decrees, so far as they violated the neutral rights of the United States. I am, sir, with great consideration, &c. &c. John S. Smith, Esq, &c. &c. MR. RUSSEL TO THE SECRETARY OF STATE. Paris, 9th June, 1811. SIR-The case of the New Orleans Packet having apparently excited considerable interest, it may not be unexceptable to you to receive a more particular account of it than I have hitherto transmitted. the transaction to pass unnoticed and thereby permit to grow into a violation of the engagements of this government. While I was considering the mo-t proper mode of bringing the conduct of the custom house officer at the port under the eyes of his supe riors,I learnt of the arrival of the Essex, at L'Orient, From the time at which this frigate was reported to have left the United States, I had no doubt that she had brought the proclamation of the president, announcing the revocation of the very decrees under which this precipitate seizure had been made. I could not but think, therefore, that it was important to afford to this government an opportunity of disavowing the conduct of its officer, so incompatible with the engagements on which the president had in all probability reposed with confidence, in season This vessel owned by Mr. Alexander Ruden of New York, left that place on the 25th of July, to shew that this confidence had not been mistimed * See this copy in the enclosures of Mr. Russel's letter 16th July, which will be found in a subse quent part of this correspondence. or misplaced. To have waited for the receipt of the proclamation in order to make use of it for the liberation of the New Orleans Packet, appeared to me a preposterous and unworthy course of pro ceeding, and to be nothing better than absurdly the 5th appears to have the application of the Ramand bascly employing the declaration of the president bouillet decree, as unnecessary, I took no notice that the Berlin and Milan decrees had been revoked, of it. as the means of obtaining their revocation. I be On Monday, the 17th of December, my remon lieved it became me to take higher ground, and strance was submitted to a council of commerce, without confining myself to the mode best calculated and referred by it to the director general of the to recover the property, to pursue that which the customs for his report. From this time all further dignity of the American government required. proceedings against the New Orleans Packet were A crisis in my opinion presented itself which was suspended. The papers were not transmitted to to decide whether the French edicts were retracted the council f prizes, nor a prosecution instituted as a preliminary to the execution of our law, or before that tribunal for the confiscation of the prowhether by the non-performance of one party and perty as was professedly the intention of the officers the prompt performance of the other, the order in concerned in the seizure. This prosecution was which these measures ought to stand was to be re not only abandoned, but on the 9th of January the versed, and the American government shuffled into vessel and cargo were placed at the disposition of the lead where national honor and the law required the consignees on giving bond to pay the estimated it to follow. Uncertain what would be the conduct amount, should it definitively be so decided. Noof this government, but clear what it ought to be, thing is now wanting to complete the liberation of I thought it politic to present briefly the honest the New-Orleans Packet and her cargo, but the canconstruction of the terms in which the revocation celling of this bond. of the decrees was communicated on the 5th of It appears therefore that the remonstrance of the August, that the conditions might not be tortured tenth of December arrested the proceeding cominto a pretext for continuing them. I believed this plained of before it had assumed a definite characto be the more necessary, as no occasion had hither-ter, or unequivocally become a breach of faith, and to occurred of offering such an interpretation. Inot only rescued the property from the seizure with likewise supposed it to be desirable to take from this which it had been visited, but, by procuring its government, by a concise statement of facts, the admission, placed it in a situation more favorable power of imputing neglect to the United States, in than that of many other vessels and cargoes which performing the act required of them, for the continued to be holden in a kind of morte main by pose of finding in this neglect a color for again exe-the suspension of all proceedings with regard to cuting the decrees. These were my views in writing promptly and frankly on the occasion.. pur them. I have the honor to be, &c. &c. [Signed] JONA. RUSSEL. James Monroe, Esq. &c. &c. So acceptable indeed did I suppose it would be to the feelings of the American government to obtain at least an explanation of an act ostensibly proving P. S. July 5. I have the satisfaction to announce the continued operation of the decrees, previous to to you, that since writing the above, an order has communicating the proclamation of the president been given to cancel the bond, and a letter just reannouncing their revocation, although I received ceived from the commercial agent of the United this proclamation on the 13th of December, I de- States at Bordeaux, informs me that it is actually ferred the communication of it to the Duke of Ca cancelled. dore until the 17th of that month, nor should I then have communicated it, had not an interview with him on the 15th led me to believe that much time might be necessary to procure official reports from the custom-house relative to the seizure in MR. RUSSEL TO MR. MONROE, Paris, 14th July 1811. SIR-I have the honor to hand you herein a coquestion, and that until these reports were received, of my note of the 8th inst. to the Duke of Basit would be impossible formally to explain or cor-can seamen stated to have been pressed into the sano, claiming the release of twenty-three Amerirect this proceeding. When, however, I declined, French service at Dantzic and in its vicinity.uninstructed as I was, incurring the resposibility When I called on the Duke on the 9th, he acknowof this protracted delay, and decided on communi ledged the receipt of this note, and said that he cating the proclamation before a satisfactory expla should immediately write to the minister of marine nation was received, I took care to guard against on the subject. In the conversation which I had any misconstruction, by explicitly declaring at the outset that this proclamation "had been issued alone on the ground that the revocation of the Berlin and Milan decrees did not depend on any condition previously to be performed by the United States." with him yesterday, he informed me that he had of marine had replied, that no American citizens performed this engagement, and that the minister Dantzic had been required to furnish a certain had been pressed by his orders; that the city of number of seamen, and was alone responsible for The custom house officers at Bordeaux com the manner in which it had complied with this remenced unlading the New Orleans Packet on the quisition, The Duke of Bassano also added, that 10th of December, and completed this work on the my note had been laid before the emperor, and that 20th of that month, as appears by their proces-ver-his majesty had ordered, that on the arrival of the beaux of those dates. That of the 20th expressly seamen from Dantzic at Antwerp, where they were declares that the confiscation of this property was expected yesterday, all that were American citizens to be pursued before the imperial council of prizes should be discharged, and the city of Dantzic at Paris, according to the decrees of the 23d of should be required to furnish others in their stead. November and 17th of December, 1807, or, in From the solicitude which the Duke of Bassano other words, the decrees of Milan. The decree of evidently discovered to get rid of the imputation of the 23d of March, or the Rambouillet decree, is having pressed our citizens, I doubt not every thing also mentioned, but as I wrote my note of the 10th will be done in this affair to remove all cause of comof December, with a view only to the letter of the plaint. I hm, &c. &c. Duke of Cadore, announcing the revocation of the Berlin and Milan decrees, and as the proces verbal of JONA. RUSSEL [Signed] MR. RUSSEL TO THE DUKE OF BASSANO. Paris, 8th July, 1811. peculiar circumstances of the case, I hoped that she should be placed on the same footing as those which had been admitted. The answer [No. 5] SIR--I have just received information by letter which was returned by the duke of Bassano, dated from J. W. Zubre, esq. who holds a commission the 25th and received the 28th, announced to me, as consul of the United States at Stettin, that on however, that this affair must be carried before the the 17th ult. twenty three American seamen passed council of prizes. Wishing to rescue this case that place under escort of a French guard to be put from this inauspicious mode of proceeding, I again on board the ships of war at Antwerp. It is repre addressed him in relation to it, in a note [No. 6. ] on sented to me that these seamen had been forcibly the 2nd of June. I could not obtain at once the pressed at Dantzic and other places on the Baltic restoration of this vessel, it was desirable, at least, by order of his excellency the minister of marine that she should be committed to the benefit of the In confirmation of this fact, I have a letter from general measure, which I insinuated might be taken captain Charles Payne, of the American ship At-in favor of the captured class mentioned in my note lantic, taken into Dantzie by a French cruiser, ofthe 11th of May. stating that twelve of his men, including his mate, had been pressed in this way at that place. These twelve men probably constitute a part of the twen ty-three above mentioned. It is my duty to engage your excellency to cause an enquiry to be had by the competent authority in to these facts and to procure the release of all the seamen above mentioned, who are citizens of the United States. I pray your excellency to accept, &c. (Signed) JONA. RUSSEL. His excellency the duke of Bussuno. As in this note I have stated the case of the Good Intent to be analogous to those of the Hare and the John, it may be proper to explain to you both the points of resemblance and diversity, in order to reconcile this note with my declaration that no cap. tured vessel was on the list of the fourth of May. The cases agree in the destination to places under the authority of France, and in the arrestation by launches in the service of the French government -they differ in the Hare and John having already before they were taken, arrived at the port, and within the territorial jurisdiction of the country to Extract of a letter from Mr. Russel to the secretary of which they were bound, and the Good Intent having state of the United States, dated PARIS, 15th July. 1811. been taken without such jurisdiction, and conducted to a port to which she was not destined. The On the 5th of that month [May] I received a note taking possession of the Hate and the John, may [No. 1.] from the duke of Bassano, dated the 4th, be considered then as a seizure in pot, and that of containing a list of sixteen American vessels whose the Good Intent as a capture on the high seas. cargoes had been admitted by order of the empe- On perceiving that the schooner Friendship was ror. I immediately transmitted to you several copies of this communication, and I gave you on the Sth such an account [No. 1.] of the admitted cases as might aid you on forming a correct estimate of the political value of the measure adopted in their favor. not named in the list of admitted vessels, I caused enquiry to be made at the custom house concerning the cause of this omission. It was stated that her papers had been mislaid, but that search was making for them, and that when found, a report would immediately be made. I waited for this reAlthough I was fully impressed with the import port until the 18th of May, but finding it had not ance of an early decision in favor of the captured been made, I conceived it might be useful, in or vessels, none of which had been included in the der to accelerate it, and to render complete the list abovementioned, yet I deemed it proper to wait admission of the entire class to which this case bea few days before I made an application upon the longed, to attract towards the Friendship, the attensubject. By this delay I gave the government heretion of the minister of foreign relations. With this an opportunity of obtaining the necessary informa [view I presented to him my note (No. 7) of that tion concerning these cases, and of pursuing spon-date. taneously the course which the relations between Having reflected much on the condition attachthe two countries appeared to require. On the 11th, ed to the admission of the American cargoes, to exhowever, having learnt at the council of prizes, port two thirds of the proceeds in silks, and being that no new order had been received there, I judged persuaded that the tendency of this restriction, addit my duty no longer to remain silent, lest this goed to the dangers of a vigilant blockade and to the vernment should erroneously suppose that what exactions of an excessive tarif, was to annihilate all had been done was completely satisfactory to the commercial intercourse between the two countries, United States, and, construing my silence into an I believed it would not be improper for me to offer acquiescence in this opinion, neglect to do more. to this government a few remarks on the subject. I therefore on that day addressed to the Duke of This I was the more inclined to do, as it was to be Bassano, my note [No. 3.] with a list of American apprehended that this condition was not imposed vessels captured since the 1st of November. On as an expedie for temporary purposes only, but the 16th, I learnt that he had laid this note, with a that it was inte...ed to be continued as the essential general report on it, before the emperor, but that part of a permanent system. In a note, therefore, his majesty declined taking any decision with re of the 10th of June, (No. 8.) I suggested to the duke gard to it before it had been submitted to a council of Bassano the evils which might be expected na of commerce. Unfortunately this council did not turally to result from the operation of this restric meet, before the departure of the emperor for Cher-tion on exports. It is indeed apparent that a trade bourg, and during his absence, and the festivals that has to run the gauntlet of British blockade which succeeded it, there was no assemblage of this and is crushed with extravagant duties inwards, and body. shackled with this singular restriction outwards, Immediately on receiving the communication of cannot continue. the duke of Bassano of the fourth of May, I ad On the 14th of June, Mr. Hamilton of the John dressed him a note [No. 4.] concerning the brig Adams, reached Paris, and informed me that this Good Intent, detained at St. Andero. Although vessel had arrived at Cherbourg. Unwilling to this vessel had in fact been captured, yet from the close my dispatches by her, without being able to communicate something of a more definite and time, in the mean while, informed myself of the satisfactory character, than any thing which had proceedings with regard to the captured vessels, and hitherto transpired, I immediately called at the ascertained that in fact, the duke of Bassano had office of foreign relations, but the minister being at made a report in relation to them. The emperor, St. Cloud, I was obliged to postpone the interview it appears, however, still wished for the decision of which I sought until the Tuesday following. At his council of commerce, and the report was laid this interview I stated to him the arrival of the before them on the first of this month, being the frigate, and my solicitude to transmit by her to the first time they had assembled, since the date of my United States, some act of his government, justify-letter of the 11th of May. I waited in daily expecing the expectation with which the important law, tation of hearing the result of their deliberations, which she had brought hither had undoubtedly until the 9th instant, when conceiving sufficient been passed. I urged particularly a reply to my time had been allowed for receiving it, and not feelnote of the 11th of May, relative to the captured ing perfectly at my ease under the responsibility I vessels, and observed that although the mere pecu- was incurring for the unauthorised detention of the niary value of this property might not be great, John Adams, I determined to learn from the duke yet in a political point of view, its immediate libera- of Bassano in person, what I might reasonably extion was of the utmost consequence. I intimated pect in the matter. I accordingly procured an to him, at the same time, that my anxiety was interview with him on the day last mentioned. I such to communicate by the John Adams, à deci- reminded him of what had passed at our conference sion of these captures to the American government on the 18th ultimo, and told him that in consequence that I would detain this vessel until I had received thereof I had kept the ship, but I could not with it. He replied that his sentiments accorded pre propriety detain her longer without the evident cisely with mine in this matter, and ascribed the prospect of obtaining from the French government, delay which had taken place to the same causes as the release of the captured vessels. He expressed I have assigned. He assured me, however, that a conviction of the justice of my observations, and he would immediately occupy himself again with assured me that he was in hourly expectation of this business, and unless a council of commerce receiving a decision on the captured cases, and should be holden within a few days, he would make hoped that the John Adams might not be permitted a special report to the emperor, and endeavor to to return without it. I thereupon consented to obtain a decision from him in person. He approv-keep my dispatches open until the 13th, assuring ed my intention of detaining the frigate, and engaged him that I could not take upon myself to protract to do whatever might depend on him, to enable me the detention of the John Adams beyond that period. to dispatch her with satisfaction. He added that On the 13th about one o'clock, I received a note he had already made enquiries of the competent from the duke of Bassano, of which the enclosed authorities, concerning the Good-Intent and Friend- (No. 9) is a copy. I waited upon him immediately, ship, and that when their reports should be received, and was informed that the Two Brothers, the Good he would do whatever the circumstances of the case might warrant. Intent and the Star, three of the captured vessels, had been liberated. He added that no unnecessary delay would be allowed in deciding upon the whole. [No. 1.] Translation. THE DUKE OF BASSANO TO MR. RUSSEL. I now suggested to him the evils which resulted to our commercial intercourse with France, from I shall dispatch Mr. Hamilton this day, and I the great uncertainty which attended it, owing to shall send with him a messenger to be landed on the the total want on their part of clear and general other side, who will carry to Mr. Smith an account regulations. After making a few observations in (No. 10*) of what has been done here, to be used by explanation of this remark, I requested to know if him as he shall judge proper. he would have any communication to make to me on the subjeci pievious to the sailing of the John Adams. I was led to make this enquiry from information which I had indirectly obtained, that Par s, 4th May, 1811. several resolutions for the regulation of our trade SIR-Ihasten to announce to you that his majesty had been definitively decreed. He replied that no the emperor has ordered his minister of finance such communication would be made here, but that to authorise the admission of the American cargoes M. Surrurier would be fully instructed on this which had been provisionally placed in deposit on head. The resolutions just mentioned, as far as I their arrival in France. have learnt, are to admit the produce of the United I have the honor to send to you a list of the vesStates (excepting sugar) without special permits or sels to which these cargoes belong; they will have licences, to admit coffee, sugar and other colonial to export the amount of them in national merchanproduce with such permits or licences, and to pro-dize, of which two-thirds will be silks. hibit every thing arriving from Great Britain or places under her control. I have not lost a moment in communicating to you a measure perfectly in accord with the sentiments of the union and friendship which exists be tween the two powers. Accept, sir, the assurance of my high consideration. [Signed] DUC DE BASSANO. [No. 2.] He again mentioned the discovery of the regula tion of the year twelve, authorising the certificates of origin for French ports only, or for ports in pos. session of the French armies, but declared that after the most thorough examination of the archives of his department, no document or record had been found permitting these certificates to be granted for the ports of neutral and allied powers. He again, Paris, 8th May, 1811. however, professed a favorable disposition towards SIR-I had the honor to address to you on the our negociations in Denmark, and said "le suc-6th instant, by various ports, several copies of the ces de la mission de la monsieur Erving's accorde note of the duke of Bassano, to me on the fourth, rait parfaitement avec nos sentimens, and ne contraireait nullement notre politique." With the view above stated, I detained the John Adams until the 9th instant. I had from time to MR. RUSSEL TO THE SECRETARY OF STATE. See the letter from Mr. Russelto Mr. Smith,charge des affaires, &c &c. dated the 14th July, enclosed to Mr. Monroe's letter of 17th October, to Mr. Foster. |