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Sir,

[Documents---Continued from No. 7.]

Mr. Monroe to Mr. Fofter.

Department of State, October 11, 1811. I have the honor to transmit to you a copy of the proceedings of a court of enquiry, held by order of the President, on the conduct of commodore Rodgers, in the late encounter between a frigate of the United States, the President, and his Britannic majesty's ship the Little Belt.

The result of this enquiry, which was conducted in public, in a manner the most fair and impartial, and established by the concurrent testimony of all the officers of the American ship, and of others whom it was proper to summon, cannot, it is presumed, leave a doubt in the mind of any one that captain Bingham made the attack, and without a justifiable cause.

That commodore Rodgers pursued a vessel which had at first pursued him, and hailed her as soon he approached within a suitable distance, are circumstances that can be of no avail to captain Bingham, The United States have a right to know the national character of the armed ships which hover on their coast, and whether they visit it with friendly or illicit views. It is a right inseparable from the soyreignty of every independent state, and intimately connected with their peace. All nations exercise it, and none with more rigor, or at a greater distance from the coast, than Great-Britain herself, nor any on more justifiable grounds than the United States. In addition to the considerations which have recommended this precaution to other powers,it is rendered of the more importance to the United States, by the practice of armed vessels from the West Indies, in visiting our coast for unauthorized and even piratical purposes. Instances have also occurred, in which the commanders of British ships of war, after impressing seamen from American vessels, have concealed their names, and the names of their ships, whereby an application to their government for the reparation due for such outrages, with the requisite certainty, is rendered impracticable. For these reasons, the conduct of commodore Rodgers in approaching the Little Belt to make the necessary enquiries,and exchange a friendly salute, was strictly correct.

The President, therefore, can regard the act of captain Bingham no otherwise than a hostile aggression on the flag of the United States, and he is pursuaded that his Britannic majesty, viewing it in the same light, will bestow on it the attention which it merits.

I have the honor to be, &c. &c.

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Mr. Foster to Mr. Monroe.

Washington, October 24, 1811.

Sir, I have had the honor to receive your letter of the 11th inftant, inclofing a copy of the proceedings of a court of enquiry held by order of the prefident of the United States on the conduct of commodore Rodgers, in the late encounter between a frigate of the United States, the Prefident, and his majefty's fhip the Little Belt, fixing on captain Bingham the charge of having commenced the engagement, and claiming in confequence the attention of his majefty's government towards it, as to an act of hoftility on the part of the British officer.

I may be permitted to remind you, fir, that after I had afcertained from you, that no hoftile intentions on the part of the government of the United States were connected with the proceedings of captain Rodgers, all I afked in the firft inftance was, that the Prefident of the United States would be pleafed to order an inquiry into his conduct, which had tended fo feriously to interrupt the harmony fubfifting between our two countries, and which, having hitherto received no palliation whatever from any evidence in contradiction to captain Bingham's ftatement, as officially tranfmitted to his majefty's government, must have continued to appear to them to be utterly incapable of receiving any.

The document you have now done me the honor to communicate to me, with the copy annexed of captain Rodgers' letter (for the first time officially before me,) is, however, fo far fatisfactory, as it fhews that captain Rodgers has endeavored to exculpate himfelf, exhibiting the ground on which he refts his defence, and I fhall without delay tranfmit it to be laid before his royal highness the prince regent. It certainly proves an unaccountable difference to exift between the statement of the commander and officers of the Little Belt, and thofe of the Prefident, as to the firing of the first gun; but I muft remark, that from the concurrent teftimony of feveral of the officers of the U. States' fhip, as to the orders given by captain Rodgers on nearing the Little Belt, there appears to have been an impreffion on his mind, that an encounter was to enfue; and, as the Little Belt was evidently endeavoring to avoid him, fuch an idea, it would feem, could only have arifen from the opinion he entertained of his own proceedings as being likely to bring it on.

I take this occafion to acknowledge the receipt of your letter dated September 14th, in anfwer to mine of the 2d, a copy of which I immediately forwarded to my government.

I have the honor to be, with the highest confideration and refpect, fir, your most obedient humble fervant,

(Signed)

AUG. J. FOSTER.

Correfpondence between Mr. Monroe and Mr. Fofter, relative to the Floridas.

Mr. Foster to Mr. Monroe.

Sir, Washington, July 2, 1811. The attention of his majesty's government has of late been called to the measures purfued by the United States, for the military occupation of Weft Florida. The language held by the prefident, at the opening of the late feffion of congrefs, the hoftile demonftrations made by the American forces under captain Gains, the actual fummoning of the fort of Mobile, and the bill fubmitted to the approbatic of the American legiflature, for the interior adminiftration of the province, are fo many direct and positive proofs that the government of America is prepared to fubject the province of Weft Florida to the authority of the United States.

The Spanish minifter in London addreffed a note, in the month of March laft, to his majefty's fecretary of ftate for foreign affairs, expreffing in fufficient detail the feelings of the government of Spain, refpecting this unprovoked aggreffion on the integrity of that monarchy.

Mr.Morier, in his note to Mr.Smith of December, 1810, has already reminded the American government of the intimate alliance fubfifting between his majefty and Spain, and has defired fuch explanations on the fubject, as might convince his majesty of the pacific difpofition of the United States towards Spain. Mr. Smith in his reply has stated, it was evident that no hoftile or unfriendly purpose was entertained by America towards Spain; and that the American minifter at his majefty's court, had been enabled to make whatever explanations might comport with the frank and conciliatory spirit which has been invariably manifefted on the part of the United States.

Since the date of this correfpondence Mr. Pinkney has offered no explanation whatever, of the motives which have actuated the conduct of the United States in this tranfaction; a bill has been introduced into congrefs for the eftablishment, government, and protection of the territory of the Mobile, and the fortress of that name has been fummoned without effect.

His royal highnefs, the prince regent, in the name and on the behalf of his majefty, is ftill willing to hope, that the American government has not been urged to this ftep by ambitious motives, or a defire of foreign conqueft, and territorial aggrandizement. It would be fatisfactory, however, to be enabled to ascertain that no confideration, connected with the present state of Spain, has induced America to defpoil that monarchy of a valuable foreign colony.

The government of the United States contends that the right to the poffeffion of a certain part of Weft Florida, will not be lefs open to difcuffion in the occupation of America, than under the government of Spain.

But the government of the United States, under this pretext, cannot expect to avoid the reproach, which muft attend the ungenerous and unprovoked feizure of a foreign colony, while the parent ftate is engaged in a noble conteft for independence, against a moft unjustifiable and violent invafion of the rights both of the monarch and people of Spain.

While I wait, therefore, for an explanation from you, fir, as to the motives which led to this unjuft aggreffion by the United States, on the territories of his majefty's ally, I muft confider it my duty to lofe no time in fulfilling the orders of his royal highnefs, the prince regent, by which I am commanded, in the event of its appearing on my arrival in this city, that the United States ftill perfevere by menaces and active demonftration to claim the military occupation of Weft Florida, notwithstanding the remonftrances of his majefty's charge d'affairs, and the manifeft injustice of the act, to prefent to you the folemn proteft of his royal highnefs, in the name and on the behalf of his majefty, againft an attempt fo contrary to every principle of public juftice, faith, and national honor, and fo injurious to the alliance fubfifting between his majesty and the Spanish nation.

I have the honor to be, &c. &c. &c.

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Sir,

Mr. Monroe to Mr. Foster.

Department of State, July 8, 1811.

Í have had the honor to receive the note which you have present ed, by the order of his royal highness the prince regent, to protest, in behalf of the regency of Spain, against the possession lately taken, by the United States, of certain parts of West Florida.

Although the President cannot admit the right of Great Britain to interfere in any question relating to that province, he is willing to explain, in a friendly manner, the considerations which induced the United States to take the step, against which you have been ordered to protest.

It is to be inferred, from your view of the subject, that the British government has been taught to believe, that the United States seized a moment of national embarrassment, to wrest from Spain a province to which they had no right; and that they were prompted to it by their interest alone, and a knowledge that Spain could not defend it. Nothing, however, is more remote from the fact, than the presumption on which your government appears to have acted. Examples of so unworthy a conduct, are unfortunately too frequent in the history of nations; but the United States have not followed them.The president had persuaded himself that the unequivocal proofs which the United States have given, in all their transactions with

foreign powers, and particularly with Spain, of an upright and liberal policy, would have shielded them from so unmerited a suspicion. He is satisfied that nothing is wanting but a correct knowledge of facts, completely to dissipate it.

I might bring into your view a long catalogue of injuries, which the United States have received from Spain, since the conclusion of their revolutionary war, any one of which would most probably have been considered cause of war, and resented as such, by other powers. I will mention two of these only; the spoliations that were committed on their commerce to a great amount in the last war, and the suppression of their deposit at New Orleans just before the commencement of the present war, in violation of a solemn treaty; for neither of which injuries has any reparation or atonement been made. For injuries like those of the first class, it is known to you that G. Britain and France made indemnity. The United States, however, do not rely on these injuries for a justification of their conduct in this transaction; although their claims to reparation for them are by no means relinquished, and, it is to be presumed, will not always be neglected.

When I inform you that the province of West Florida, to the Perdido, was a part of Louisiana, while the whole province formerly belonged to France; that although it was afterwards separated from the other part, yet that both parts were again re-united, in the hands of Spain, and by her re-conveyed to France, in which state the entire province of Louisiana was ceded to the United States in 1803; that in accepting the cession, and paying for the territory ceded, the United States understood and believed, that they paid for the country as far as the Perdido, as part of Louisiana; and that, on a conviction of their right, they included in their laws provisions adapted to the cession in that extent; it cannot fail to be a cause of surprise to the prince regent, that they did not proceed to take possession of the territory in question as soon as the treaty was ratified. There was nothing in the circumstances of Spain, at that time, that could have forbidden the measure. In denying the right of the U. States to this territory, her government invited negociation on that, and every other point, in contestation between the parties. The United States accepted the invitation, in the hope that it would secure an adjustment, and reparation for every injury which had been receiv ed, and lead to the restoration of perfect harmony between the two countries; but in that hope they were disappointed.

[Remainder of this letter in the next number.]

[Documents to be continued.]

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