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it cannot be expected that Great Britain fhall not use the means the poffeffes for the purpose of making him feel the preffure of his own fyftem. There is every reafon to believe, that, ere long, the effects on the enemies of Great Britain will be fuch as irrefiftibly to produce a change which will place commerce on its former bafis. In the mean time, fir, I hope you will not think it extraordinary if I fhould contend that the feizure of American ships by France, fince November 1, and the pofitive and unqualified declarations of the French government, are ftronger proofs of the continued existence of the French decrces, and the bad faith of the ruler of France, than the restoration of five or fix veffels, too palpably given up for fallacious purposes, or in teftimony of his fatisfaction at the attitude taken by America, is a proof of their revocation, or of his return to principles of juftice.

I will only repeat, sir, in answer to your observation, on the late condemnation of the ships taken under his majesty's orders in council, what I have already had the honor to state to you, that the delay which took place in their condemnation, was not a consequence of any doubt existing in his majesty's government, as to whether the French decrees were revoked,as you seem to imagine, but in consequence of its being thought that the American government, upon its appearing that they were deceived by France, would have ceased their injurious measures against the British commerce. A considerable time elapsed before the decision took place on those ships, and there is no doubt, but that had the United States' government not per sisted in their unfriendly attitude towards Great Britain,on discovering the ill faith of France, a spirit of conciliation in his majesty's government would have caused their release.

In reply to your observations, on these pretensions of Great Britain relative to the revocation of the French decrees, I beg to repeat that the sum of the demands made by England is, that France should follow the estab⚫lished laws of warfare as practised in former wars in Europe. Her ruler, by his decrees of Berlin and Milan, declared himself no longer bound by them; he has openly renounced them in his violent efforts to ruin the resources of Great Britain, and has trampled on the rights of independent nations to effect his purpose. If the French government make use of means of unprecedented violence, to prevent the intercourse of England with unoffending neutrals, can it be expected that England should tamely suffer the establishment of such a novel system of war without retaliation, and endeavoring in her turn to prevent the French from enjoying the advantages of which she is unlawfully deprived.

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

I need not repeat to you, sir, what sincere satisfaction it would give me, if, without the sacrifice of the essential rights and interests of G. Britain,all the points in discussion between our two countries could be finally adjusted. I have the honor to be, &c. (Signed) AUG. J. FOSTER. [Documents to be continued in No. 5.]

CONGRESSIONAL REPORTER.

No. 5.1

Sir,

TWELFTH CONGRESS.... FIRST SESSION. [1811-12.

[Documents---Continued from No. 4.]

Mr. Monroe to Mr. Foster.

Department of State, October 29, 1811. I have had the honor to receive your letter of the 22d of this month, and to lay it before the prefident.

The affurance which you have given of your difpofition to reciprocate, in our communications on the important fubjects depending between our governments, the refpectful attention which' each has a right to claim, aud that no departure from it was intended in your letter of the 26th July, has been received with the fatisfaction due to the frank and conciliatory spirit in which it

was made.

I learn, however, with much regret, that you have received no inftructions from your government, founded on the new proof of the revocation of the Berlin and Milan decrees, which was communicated to the marquis Wellesley, by the American charge d'affairs at London, in a document of which I had the honor to tranfmit to you a copy. It might fairly have been prefumed, as I have before observed, that the evidence afforded by that document, of the complete revocation of thofe decrees, fo far as they interfered with the commerce of the United States with the Britifh dominions, would have been followed by an immediate repeal of the orders in council. From the reply of the marquis of Wellefley, it was at least to have been expected that no time had been loft in tranfmitting the document to you, and that the inftructions accompanying it would have manifefted a change in the fentiments of your government on the fubject. The regret,there. fore, cannot but be increased, in finding that the communication, which I had the honor to make to you, has not even had the ef fect of fufpending your efforts to vindicate the perfeverance of your government in enforcing those orders.

I regret alfo to obferve, that the light in which you have viewed. this document, and the remarks which you have made on the fubject generally, feem to preclude any other view of the conditions on which those orders are to be revoked, than thofe that were furnished by your former communications. You ftill adhere to the pretenfion, that the productions and manufactures of Great Britain, when neutralized, must be admitted into the ports of your enemies. This pretenfion, however vague the language heretofore held by your government, particularly by the marquis Wellesley in his communications with Mr. Pinkney on the fub

ject, was never understood to have been embraced. Nothing,indeed, fhort of the fpecific declarations, which you have made, would have induced a belief that fuch was the cafe.

I have the honor to be, &c.

Sir,

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Mr. Foster to Mr. Monroe.

Washington, October 31, 1811.

I did not reply at great length to the obfervations contained in your letter of the 1ft inftant, on the pretenfions of Great-Britain as relative to the French fyftem, becaufe you seemed to me to have argued as if but a part of the fyftem continued, and even that part had ceafed to be confidered as a meafure of war against G.Britain. For me to have allowed this, would have been at once to allow in the face of facts that the decrees of France were repealed, and that her unprecedented meafures, avowedly purfued in de fance of the laws of nations, were become mere ordinary regulations of trade. I therefore thought fit to confine my anfwer to your remarks, to a general statement of the fum of the demands of Great Britain, which was, that France fhould, by effectually revoking her decrees, revert to the ufual method of carrying on war as practised in civilized Europe.

The pretention of France to prohibit all commerce in articles of British origin, in every part of the continent, is one among the many violent innovations which are contained in thefe decrees, and which are preceded by the declaration of their being founded on a determination of the ruler of France, as he himfelf avowed, to revert to the principles which characterized the barbarism of the dark ages, and to forget all ideas ofjuftice and even the common feelings of humanity in the new method of carrying on war adopted by him.

It is not, however, a queftion with Great Britain of mere commercial intereft, as you feem to fuppofe, which is involved in the attempt by Bonaparte to blockade her both by fea and land, but one of feeling and of national honor, contending as we do againft the principles which he profeffes in his new fyftem of warfare. It is impoffible for us to fubmit to the doctrine that he has a right to compel the whole continent to break off all intercourse with us, and to feize upon veffels belonging to neutral nations, upon the fole plea of their having vifited an English port, or of their being laden with articles of British or colonial produce, in whatsoever nanner acquired.

This pretenfion, however, is but a part of that fyftem, the whole of which, under our conftruction of the letter of M. Champagny of Auguft 5, 1810, corroborated by many fubfequent declarations of the French government, and not invalidated by any unequivocal declaration of a contrary tenor, must be considered as fill in full force.

In the communication which you lately tranfmitted to me, I am forry to repeat that I was unable to difcover any facts which fatisfactorily proved that the decrees had been actually repealed, and I have already repeatedly ftated the reafons which too probably led to the restoration of a few of the American fhips taken in pursuance of the Berlin and Milan decrees after November 1. Of their maritime exiftence we cannot so easily obtain evidence, because of the few French fhips of war which venture to leave their harbors. Who can doubt, however, but that, had the ru. ler of France a navy at his command equal to the enforcing of his violent decrees, he would foon fhew that part of them to be no dead letter. The principle is not the lefs obnoxious because it is from neceffity almoft dormant for the moment, nor ought it there. fore to be lefs an object to be ftrenuously refifted.

Allow me, fir, here to exprefs my fincere regret that I have not as yet been able to convince you, by what I cannot but confider the strongest evidence, of the continued exiftence of the French decrees, and confequently of the unfriendly policy of your government in enforcing the non-importation against us and opening the trade with our enemies. His royal highne fs will, I am convinced, learn with unfeigned forrow, that fuch continues to be ftill the determination of America, and whatever reftrictions on the commerce enjoyed by America in his majefty's dominions may enfue on the part of Great Britain, as retalitory on the refusal by your government to admit the productions of Great Britain, while they open their harbors to thofe of his majefty's enemies, they will, I am purfuaded, be adopted with fincere pain, and with pleafure relinquifhed whenever this country fhall refume her neutral pofition and impartial attitude between the two belliger

ents.

I have the honor to be, &c. &c.
(Signed)

AUG. J. FOSTER.

Correfpondence between Mr. Monroe and Mr. Fofter, relative to the encounter between the United States' frigate the Prefident, and the British floop of war Little Belt. Mr. Morier, Charge D'Affairs of his Britannic Majefty, to Mr. Monroe.

SIR,

Baltimore, June 26, 1811. I have the honor to enclose an official letter addreffed to rearadmiral Sawyer, by captain Bingham, commanding his majesty's floop the Little Belt, which contains an account of the late engagement between that fhip and the American frigate the Prefident. In thus communicating to you without orders from his majefty's government this document, which in the most effential fact

differs fo materially from that of commodore Rodgers, I truft that this government will receive it as a proof the fincere defire which exifts with me, to open the way to an amicable arrangement of the queftion which may arife out of this unfortunate affair, when it fhall be known to his majefty's government.

I have the honor to be, &c.

SIR,

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Mr. Monroe to Mr. Morier.

Department of State, June 28, 1811.

I had the honor to receive yesterday your letter of the 26th inftant communicating a statement from captain Bingham to admiral Sawyer, of the circumftances attending the late unfortunate encounter between the United States' frigate the Prefident and his Britannic majefty's floop the Little Belt.

It is to be regretted that the statement made by captain Bingham fhould have varied in any circumstance from that made by the commander of the American frigate. I flatter myfelf, with the difpofition of the prefident, which I am authorized to exprefs, to make it the fubject of mutual and friendly explanations, that its difagreeable tendency will be obviated. I am induced to exprefs this expectation with the more confidence, from the concilatory manner in which you have made this communication. I have the honor to be, &c. (Signed)

SIR,

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JAS. MONROE.

Mr. Foster to Mr. Monroe.

Washington, July 3, 1811. The affurances which you did me the honor to give me yefterday verbally, that no inftructions whatever had been given to commodore Rodgers which could, under any conftruction, be meant to authorize his attempting to recover by force any perfon claimed as an impreffed American citizen from on board any of his majefty's fhips of war, were amply fufficient to convey to my mind every fatisfaction upon that fubject. The reports, however, current in the United States and connected with commodore Rodgers' conduct and proceedings, as well as the inferences which will be drawn from the expreffions which he ufed to the captain of his majefty's floop the Little Belt, being of a tendency to create doubts in Great Britain as to the nature of the authority under which he acted, I willingly accept your offer of making me the flatement in a more formal manner, in order that I may tranfmit it to my goverment, to prevent all poffible mistake on fo important a point.

The queftion arifing out of the rencounter between the United States' frigate the Prefident, and his majefty's floop the Little Belt, will then remain limited to the act itself. You are already, fir, in poffeffion of the British commander's statement of the cir

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