containing a list of the vessels, the admission of be immediately released, and that orders will be given whose cargoes had been authorised by the emperor. to bring on the trials of the remainder, should such This list comprises all the American vessels a course be judged indispensable, without any unwhich had arrived, without capture in the ports of necessary delay. France or the kingdom of Italy, since the first of November, and which had not already been admitted, excepting the schooner Friendship. The papers of the Friendship had been mislaid at the custom house, and no report of her case made to the emperor. had As the New-Orleans Packet and her cargo been given up on bond in January last, there can be no longer any question with regard to their admisbut to make their liberation complete, the bond should be cancelled. sion; All the vessels mentioned in the list; excepting the Grace-Ann-Green, had come direct from the United States, without having done or submitted to any known act, which could have subjected them to the operation of the Berlin and Milan decrees, had these decrees continued in force. The Grace-Ann Green stopt at Gibraltar, re mained many days there, and in proceeding thence to Marseilles was captured by an English vessel of war. The captain of the Grace-Ann Green, with a few of his people, rose upon the British prizecrew, re-took his vessel from them and carried her and them into the port to which she was bound. The captain considered this recapture of his vessel as an act of resistance to the British orders in council and as exempting his property from the operation of the French decrees professedly issued He likewise made a in retaliation of those orders. merit of delivering to this government nine of its enemies to be treated as prisoners of war. His vessel was liberated in December, and his cargo the beginning of April last, and there is some difficulty in precisely ascertaining whether this liberation was predicated on the general revocation of the Berlin and Milan decrees, or on a special ex emption from them, owing to the particular circumstances of the case. The measure for which I now ask, being in per- His excellency the duke of Bassano, &c. &c. Robinson Ova, from Norfolk to London, cargo tobacco, cotton and staves, taken 21st December, 1810, into Dunkirk. Mary Ann, Charleston, do. cotton and rice, 3d March 1811, do. General Eaton, from London, to Charleston, in ballast, 6th December do. Calais. Neptune, do. do. do. 7th Dec. do. Deippe. Clio, do. Philadelphia, English manufactures, do. do. do. vessel lost off Trequier, part of the cargo saved. Two Brothers, Boston, St. Malo, cotton, indigo, potashes, cod-fish, fish-oil and dye-woods, 20th do. do. St. Malo. N. B. This vessel was taken within the territorial jurisdiction of France. Star, from Salem, to Naples, coffee, indigo, fish, dye.wood, &c. 2d February, do. Marseilles. Zebra, from Boston to Tarragona, 40,000 staves, 27th January, do. do. do. [No 4.] MR. RUSSEL TO THE DUKE OF BASSANO. Paris, 6th May, 1811. I feel it my duty to represent to your excellency, that the American brig Good Intent, from Marblehead, with a cargo of oil, fish, cocoa and staves, bound to Bilboa, was captured in December last, by It is somewhat singular this vessel was placed on an armed launch in the service of the French gothe list of the 4th instant, when she had been libe-vernment, and carried into Santander. Mr. J. P. Rattier, the consul of his majesty the emperor at rated and her cargo admitted so long before. It may not be improper to remark that no Ameri-that place, has taken possession of the cargo and can vessel captured since the Ist of November has yet been released or had a trial. These are the explanations which belong to the measure I had the honor to communicate to you on the 6th instant, and may afford some assistance in forming a just appreciation of its extent and cha racter, sold that part which was perishable, retaining in his hands the proceeds, and placing in depot the articles unsold until he shall receive the superior orders of his government. The present flattering appearance that the relations between France and the United States will be preserved on the most amicable footing, encouraI have the honor to be, sir, with great considera-ges me to hope that the case of the Good-Intent, tion and respect, your faithful and assured servant, JONA. RUSSEL. [Signed] [No. 3.] MR. RUSSEL TO THE DUKE OF BASSANO. Paris, 11th May, 1811. SIR-I have the honor to present to your excel lency a list of the American vessels, which accord ing to the information I have obtained, have been captured by French privateers since the first of November last, and brought into the ports of France. All proceedings in relation to those vessels have been suspended in the council of prizes, with the same view, no doubt, as the proceedings in the custom-house had been deferred with regard to those which had arrived voluntarily. The friendly ad mission of the latter encourages me to hope that such of the former at least as were bound to French ports, or to the ports of the allies of France, or to the United States, especially those in ballast, will' after the long detention that has occurred, will attract the early attention of the French government, and that the property will be restored to the Ameri can owner. I pray your excellency to accept the assurances of my high consideration. (Signed) JONA. RUSSEL. His excellency the duke of Bassano, [No. 5.] DUC DE BASSANO TO MR. RUSSEL. Paris, 25th May, 1811. SIR-The object of the letter you have done me the honor to address to me the 7th of this month, was to remonstrate against the sequestration of the American ship the “Good Intent,” which had been carried into St. Andero by a French vessel. to The minister of the marine to whom I hastened write on this subject, has just answered me, that the case is carried before the council of prizes,, with great inconvenience and loss to the American which is alone competent to decide on the validity merchant. He adds that it is before that of the capture. tribunal, that the owners of the Good Intent ought of imported cargoes in the produce and manufacA general requisition to export the nett proceeds to be prepared to establish their rights, and that he tares of the French empire, would have been so will have no other agency in this affair than to obviously intended to favor its industry, and to prevent any indirect advantage resulting to its enemy by the remittance of exchange, that the right cause to be executed the decision which shall be made. Accept, sir, the assurance of my high considera- and policy of the measure would have been uni tion. By the letter which your excellency did me the honor to address to me on the 25th ult. I perceive that the minister of marine declines interfering in the case of the American brig, the Good Intent, except to enforce the decision which the council of prizes may render. versally acknowledged. The American merchant, in this case, permitted to select from the various and abundant productions of the arts and agricul ture of France, those articles which the habits and tastes of the American people demanded, might freely and advantageously have exercised his commercial skill for the advancement of his interests, and hoped from the profit on his investments here to obtain an indemnity for the loss on his outward voyage. The The condition, however, imposed on him to re ceive two thirds of these investments in a particular As the Good Intent was captured bound to a article takes from him the faculty of profiting of his port in the possession of the French armies, by a experience or information, either in bargaining for launch in the service of the French government, 1 his purchases or in adapting them to the wants of had persuaded myself she would not be treated as a the market for which they are intended. prize, but that she would be restored like the John holder of this article becomes, by this requisition, and the Hare at Civita Vecchia, without the delay the master not only of the price, but of the kind, of a formal trial. It was in this expectation, that and quality of his merchandise, and his interest omitted to place her on the list of American ves- will strongly incite him to abuse the power which he sels captured since the first of November last, which feels. He knows full well that the purchaser cannot I had the honor to address to your excellency in dispense with his merchandise, and that- sooner or my note of the 11th ult. It his majesty the emperor later, he must accede to the terms on which it is should find it improper upon being acquainted with offered. Should indeed the American merchant, the circumstances of this case to distinguish it from from his repugnance to invest his funds in an cases of ordinary capture, I presume there will be article forced upon him, loaded with the arbitrary no objection to extending to it the benefit of any ge neral decision which may be taken in regard to those mentioned in the list aforesaid. I pray your excellency to accept the assurance of my highest consideration. MR. RUSSEL TO THE DUKE OF BASSANO. Paris, 18th May, 1811. exactions of the seller, refuse for a while to receive it, yet beholding the funds inactive and wasting on his hands, and his vessel perishing in a foreign port, he must eventually yield to the duress which he suffers. Such are some of the evils to which the condition in question will expose the American merchant in this country. In the United States it will be by him still more severely felt. The overstock of the article forced by this condition on the market there, exceeding the consumpOn examining the list of vessels whose cargoestion, must necessarily become a drug, and the have been admitted, and which your excellency did American merchant, after having taken it here me the honor to enclose to me in a note dated the fourth of this month, I have discovered that the against his will, and paid for it more than its ordischooner Friendship has been omitted. nary value, will be compelled in the United States This vessel, as I am informed, arrived at Bor to keep it on hand, or to sacrifice it for the most it deaux on the 6th of December last, with a cargo of and to sell under unfavorable circumstances, he will bring. Thus alternately obliged to purchase coffee, which from long detention, has suffered con will have to add to the losses of the outward voyage, siderable damage. As there is no circumstance, the losses on the returns, and the sun of them both within my knowledge, to distinguish the cargo of this vessel from those which have been admitted, I doubt not that her case will be enquired after, and that she will be placed upon the same footing as the others. MR. RUSSEL TO THE DUKE OF BASSANO. Paris, 16th June, 1811. may amount to his ruin. These disasters of the merchant must inevitably impair, if not extinguish the commercial intercourse between the two countries. This intercourse exposed to the unusual perils, and oppressed with unprecedented burdens, has already nothing in the voyage hither to tempt the enterprize of mercantile men, and should it be embarrassed with the restrictions of this condition, rendering the homeward voyage also unprofitable, it must undoubtedly cease. It is in vain to expect the continuance of any branch of trade which in all its relations is attended with loss to those who are engaged in it. SIR-I conceive it to be my duty to represent to I have taken the liberty respectfully to submit your excellency, that the condition, attached to the these observations to your excellency, not without admission of American property in France, to ex- a hope that a consideration of them may lead to a port two thirds of the amount in silks, is attended remedy of the evils which they suggest. The minister of foreign relations has the honor to inform Mr. Russel, charge des affaires of the United States, that he will be happy to receive him at any time to day before two o'clock, if it should] be convenient to him. He begs him to accept the assurance of his perfect consideration. Paris, 13th July, 1811 Correspondence of G. W. Erving, esq. special minister to Denmark with the secretary of state. TO THE SECRETARY OF STATE. Total amount of captures in 1809 and 1810 Of which Were vessels which had broken the can cases Pending cases, including ten convoy cases 42 16 24 10 160 In this year the only two vessels which reached these seas from the United States previous to my arrival, were taken, in the beginning of April, and condemned in Norway; two others just about the time of my arrival were carried in and are now under trial there; but since the 11th instant, upwards of forty vessels from the United States, have passed through the Sound and gone up the Bakic, and Copenhagen, June 23, 1811. more or less are every day passing without interSIR-Having had my audience of his Danish ruption; the papers of some few have been slightly majesty on the 5th inst. on the 6th I addressed to examined in the subordinate court of Elsineur; Mr. de Rosenkrantz, minister of state for foreign there have been tried in the lower prize court of this affairs, a note upon the subject of the American ca place, and acquitted without delay, two or three; ses generally, then under adjudication, by appeal one of them with damages against the captors; before the high court of admiralty ; and on the 7th being the first case in which damages have been a separate note respecting the cases of capture un- given at Copenhagen :-Finally, of the fourteen der British convoy :- Copy of those two notes cases (not convoy cases) which were pending before [A. and B.] and the lists to which they refer, the high court on my arrival, four have been achave the honor herewith to submit. In an inter-quitted, and though the privateersmen and all conview which I had with the minister on the 8th inst. cerned with them (and the ramifications of their in the course of conversation he told me, that as business are immense) have made every effort to the matter of both those notes was very important, bring on condemnations, yet the tribunal, otherand the latter particularly required a great deal of wise perhaps well disposed to proceed, has been consideration, he must have them perfectly trans- steadily held back by the government; and I see lated into the Danish language, to be laid before the the best reason to hope that at least eight of the reking; therefore I must not expect very prompt maining ten cases will be acquitted. As to the replies, but in the mean time that he was sincerely convoy cases my confidence is not so strong, yet desirous of doing, and would do every thing in his even of them I do not despair. The ground on power, to forward our business towards a favorable which they stand, I am aware, is not perfectly solid, termination. I suppose that the convoy question yet I did not feel myself authorised to abandon them, may be referred to his majesty's chancery, which is and therefore have taken up an argument, which the highest tribunal, and that by which the king is may be difficult, but which I shall go as far as posaccustomed to declare his will in matters which he sible in maintaining. does not submit to, or chooses to take out of the ordinary course of proceedings. I have had several interviews with Mr. de Rosenkrantz, subsequent to that last mentioned, and have Having now fully informed myself of the busi- acquired additional reasons to hope for the king's ness entrusted to me, it is with very great satisfac- perseverance in the change of system which has so tion that I find myself authorised to state to you, happily taken place, but he discourages any expectathat the evils, which our commerce has suffered tion of indemnification for the injuries sustained by here, though very considerable, yet have not been our commerce under that which now appears to be quite so extensive as has been generally believed; relinquished. Yesterday he told me very explicitly, and you will learn also, with very particular plea that against the definitive decisions of the higher sure, that the depredations of the Danish privateers court, I must not hope for any redress, he trusted have been discontinued since my arrival. I have that for the future we should not have any cause to prepared lists and statements with a view to place complain: but for the past, there was no remedy. I the whole matter before you in the most particular thought it not opportune to enter much into the and at the same time most distinct and simple form; matter at that time, and therefore contented myself these will be completed when I have received returns with some general protestations against his docfrom Norway and from Holstein respecting the fate of some few of the cases which occurred in the year 1809. In the mean time I can state the results to be nearly thus--Captures in 1809 Condemnations Captures in Norway, in the year 1810 Condemned Peading Convoy cases-year 1810 Condemned 36 8 trines. I cannot close this letter without acknowledging the very great services of Mr. Isaackson, our consul at Christiansand, you will observe, sir, in the lists which I send to you, that of thirty six vessels carried into the ports of Norway, in the year 1810, only four were condemned in the inferior courts of that district; this has been wholly owing to the unwearied exertions of Mr. Isaackson; he found our people in the most distressed situation, entirely friendless-in the hands of, surrounded by, and ready to 68 he sacrificed to the rapacity of the privateersmen 22 jand their connections; he volunteered in their sei6 vice-he boldly opposed himself to the host of their oppressors-he made each man's cause his own, he provided for every man's wants-in short, his intre-` pidity and independence and disinterestedness of practices which may have that tendency; it has character-his constant zeal and industry saved there ore seen with the most indignant sensibility them from ruin, and with gratitude, very honorable various instances of the prostitution of its flag by to themselves, they never cease to praise him. unprincipled adventurers, in Europe, and I have With the most perfect respect and consideration, it in express command to assure his majesty of its I have the honor to be, sir, your most obedient ser-determination to discountenance by all practicable GEORGE W. ERVING. vant. A Copenhagen, June 6, 1811. TO MR. DE ROSENKRANTZ, &c. means such proceedings, and of its sincere disposition to co-operate with his majesty in detecting and punishing all similar frauds and imposture. Your excellency will perceive, in the frankness of these observations and in the loyalty of this SIR-It was under the fullest conviction and the declaration, the true character of the American strongest sense of the injustice which has prevailed government:-they will also, I trust, strengthen in the sentence of the Danish tribunals on cases of my title to that confidence on the part of his majesty American capture, as well as an anxiety immediate which it is at once my duty and my desire to merit. ly to arrest the course of those excesses on the To carry into effect this two fold purpose of my part of the privateers too much countenanced by government;-to protect the property of its citisuch decisions, which are laying waste the pro- zens, and to cast off from any reliance on its property of American citizens; that I ventured on the tection, those spurious and fraudulent cases (if any 31st ult. and on the 2d inst. to request that the pro- such actually exist) which have injured the chaceedings of the tribunals should be suspended, racter of the American trade and jeopardized the until having had the honor of presenting my cre interests of American citizens, I will enter into dentials to his majesty, I should be enabled to en- candid explanations with your excellency upon all ter into regular communication with your excel the questions which arise on the cases now pending; lency. so as to establish the bona fide character of the vesIn this first formal address to you upon the subject sels under adjudication, and thus remove from beof the reclamations with which I am charged, it is fore his majesty every obstacle to that course of incumbent upon me to express the extreme surprise justice which he is always desirous to observe, and and concern with which my government has seen to a manifestation of the amicable and conciliatory the property of its innocent citizens, whilst employ feelings towards the United States which it is coned in fair and legal commerce, ravaged by the crui-fided prevail in his mind. zers of a nation between which and the U. States the I have the honor herewith to transmit to your most perfect harmony has always hitherto subsisted excellency, two lists, containing together twenty-against which they have never heretofore found eight cases of American captures, being those now any cause of dispute or any ground of offence,―actually pending before the supreme court of admiand to which they felt themselves attached not mere-ralty on appeal, or waiting for his majesty's decily by the ordinary ties of reciprocal good offices, sion. The list No. 1, comprising twelve of the but by a common interest in the defence and pre- whole number, are "convoy cases"-that is, cases servation of those neutral rights, which have so in which no question has been raised as to the much contributed to the political importance of genuine character of the vessels, but wherein the Denmark-by which her prosperity has been so decision rests upon the clause "d," of the 11th greatly promoted-and which formerly foremost article of the royal instructions of March 10th, amongst nations, she has so magnanimously and 1810, declaring as a cause of condemnation "the successfully contended for. But at the same time making use of English convoy." I stated to your that I make this reflection so necessary and so ob-excellency in conversation, as well as in the note vious, I must also say, that the president retains an which I took the liberty of addressing you on the entire confidence in the personal good dispositions 2d inst. that it would be my duty to object to the of his majesty-in his steady adherence to those principle assumed in that declaration. I trust that great and liberal principles and those just political I shall be able to show you that it is entirely novel : views which so eminently distinguish his character that it has not any foundation in public law, and and the president assures himself that it is only that it has not even such sanction as might be sup necessary that his majesty should be made acquaint-posed derivable from the practice of other nations. ed with the nature and extent of injuries which the Certainly much effort will not be necessary to rights of the United States as a neutral nation, and prove, that it is entirely repugnant to the broad the property of their citizens have suffered and are ground of neutral right formerly occupied and firmly still exposed to, to induce him to apply an immedi-maintained by Denmark herself; but upon this ate and an adequate remedy to the evils complained point I propose forth with to address to your excelof. His majesty on his part cannot fail to feel that lency a separate note; in the present, I will conconfidence in the correct views and honorable in fine myself to observations on the cases (sixteen in tentions of the United States which their uniform number) mentioned in the list No. 2. conduct in all their negociations and transactions With respect to the "Egeria," captain Law, I with other powers has so justly entitled them to;-send to your excellency a separate note in reply to nor can he be indifferent when the friendly relations that with which you honored me on the 2d instant, and mutual good dispositions which have hitherto that case must now stand so perfectly clear, that I so invariably subsisted between the two countries, am sure I need not trouble you with any additional and which it is so much the interest of each to remarks on it. maintain, are in question. In the two cases, viz. the "Nimrod," and Animated by the most just and friendly disposi-Richmond," the sole objection made is to the tions, the American government whilst it resists French certificates of origin, which they had on all aggressions on its neutral rights, and will never board; these are presumed to be forgeries, upon a cease to oppose all violations of the public law supposition that at the time they bear date, the which may offend them; solicitously avoids any French consuls in the United States had ceased to interference with the rights of others, nor will issue such certificates. Now the cases must be it admit under cover of its name and authority, any relieved from that objection and the question which has been raised upon French certificates of origin, formed through another official channel of the re. be put at rest forever, by the facts which appear in peal of the decrees of Berlin and Milan, it is agreethe correspondence between the secretary of state able to have to confirm to you this new liberal dis of the United States and general Turreau, the position of my court towards the government of the French minister, a copy of which I have herewith states of the union. the honor to inclose [No. 3]. Your excellency You will recollect without doubt, sir, that these will observe that in general Turreau's letter of De- decrees were adopted in retaliation for the multicember 12th, replying to the secretary's letter of plied measures of England against the rights of neuNovember 28th, it is expressly and unequivocally trals, and especially against those of the United stated, that the French consuls in America, "had al-States; and after this new proof of deference to ways delivered certificates of origin to American the wishes of your government, his majesty the vessels for the ports of France,' " and had also, emperer has room to believe, that it will make new "delivered them to vessels destined to neutral or allied efforts to withdraw the American commerce from ports"-by the authority of the French government, the yoke which the prohibitory acts of Great Britain and that it was only by the United States' ship have imposed upon it. You will at the same time "Hornet" which arrived in America in the 13th of observe, sir, that the clearly expressed intention of November, 1810, that the French consuls received my government is, that the renewal of commercial orders to discontinue the granting such certificates intercourse between France and the United States to vessels bound to other ports than those of France: cannot alter the system of exclusion adopted by all Your excellency will also perceive in the secretary's Europe, against all the products of the soil, or of reply, of December 18th, how important this ex. the manufactures of England or her colonies; a planation was deemed by the president in its appli- system, the wisdom and the advantages of which cation to the vessels of the United States taken by are already proved by its developement and its sucDanish cruizers upon the ground of their having on cess. And of which also the United States, as an board such certificates. agricultural and commercial power, have a particuOf the thirteen remaining cases in the list No. 2, lar interest, in aiding in, and hastening the comple eight have been acquitted in the subordinate courts tion. Moreover, sir, this measure of my govern of Norway and at Flensborg, and are now depend-ment and those which yours may think proper to ing in the high court on the appeals of the captors, adopt, will prove the inutility of the efforts of the and five have been condemned in the subordinate common enemy to break the ties of friendship which courts and are depending in the high court on the a humane and generous policy has necessarily formappeals of the American masters. ed between France and the United States, and I annex to this note a summary of each class [A which the actual crisis ought to draw closer. We and B showing the nature of the questions and ought hereafter, sir, to hope, or rather we may be objections which have arisen upon the several cases, assured, that new relations still more close and and I do confide, that if your excellency will be more friendly are about to be formed between Amepleased to lay it before the king, that his majesty ricans and Frenchmen, and that these two people will become immediately sensible to the undue pro-will be more than ever convinced, that their ceedings of his tribunals, and will readily apply his glory, their interest, and their happiness must eterroyal authority to administer prompt and efficacious redress for the injuries and vexations which the commerce of the United States and its citizens are suffering. nally consecrate the principle and the conversation TURREAU. M. SERUKIER TO MR. MONROE. I can only add, that in all cases where any doubt shall arise respecting the authenticity of American documents, I have it fully in my power to establish the truth and I beg leave to re-assure your excel“Washington, July 23, 1811. lency, that on this point, as on every other, you SIR "The new dispositions of your govern. shall not experience any proceedings on my part, ment, expressed in the supplementary act of the 2nd which will not conform to the strict honor and good of March last, having been officially communicated faith, to the just and liberal sentiments which cha. to my court by the charge d'affaires of the United rasterise,and to the friendly and conciliatory disposi-States, his imperial majesty, as soon as he was made tions towards his majesty, which influences the go-acquainted with them, directed that the American vernment which I have the honor to represent. I offer to your excellency assurances of the very distinguished respect and consideration with which I am always, &c. GEO. W. ERVING. (TO BE CONTINUED.) MESSAGE. To the senate and house of representatives of the vessels sequestered in the ports of France since the 2nd of November, should be released. Their car. goes have been admitted, and some of them have departed upon conforming with the municipal laws of the country, that is to say by exporting wines, silks, and the products of French manufactures. Orders were to be given at the same time, that all the American vessels coming from the United States, and loaded with merchandize the growth of the country, should be admitted and received into all the ports of France. "I hasten, sir, according to the orders I have received, to make these dispositions known to your I now lay before congress, two letters to the department of state, one from the present plenipotentiary of France, the other from his predecessor, which were not included among the documents accompanying my message of the 5th inst. the trans-government. Iation of them being not then completed. November 7, 1811. JAMES MADISON. Translation of a letter from general Turreau to the secretary of state, dated NOVEMBER 14, 1810. STR-Although you may have been already in "In order to prevent all difficulty in relation to the cargoes of vessels, the table indicating the merchandise the growth of the United States, has been prepared; and it has been thought that a rule could not be adopted more favorabile and more sure than the statement itself of the exportations made by the Americans during the year which pregeded the em |