^ 
 
 ^^^. 
 
 
 IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
 ■:■•■;) 
 
 
 ^ 
 
 
 'i 
 
 'i 
 
 1.0 
 
 I.I 
 
 2.0 
 
 IK 
 
 14.0 
 
 Ui& 
 
 
 ^^^^s II ^^^S 
 
 lllll^^^ 
 
 
 ^ 
 
 6" - 
 
 
 ► 
 
 ■ 
 
 
 r 
 
 V 
 
 W 
 
 V 
 
 y 
 
 
 Photographic 
 
 Sdences 
 Corporation 
 
 23 V>«RST A/IAIN STRIET 
 
 wii[»iyr.«i,N.Y. Mseo 
 
 (rtiM 872-4503 
 
 ^^^1^ 
 
 4^V 
 ""^ 
 
•J 
 
 ^ ■ 
 
 ■^ ' 
 
 j 
 
 ! 
 
 i^ 
 
 CIHM/ICMH 
 
 Microfiche 
 
 Series. 
 
 CIHM/ICIVIH 
 Collection de 
 microfiches. 
 
 Canadian Institute for Historical Microreproductions / Institut Canadian da microraproductions historiquas 
 
Technical and Bibliographic Nctas/Notas tachniquat at bibliographiquas 
 
 Tha Inatituta haa attamptad to obtain tha baat 
 original copy available for filming. Faaturaa of thia 
 copy which may ba bibliographically unique, 
 which may alter any of tha imagea in tha 
 reproduction, or which may significantly change 
 the usual method of filming, are checked below. 
 
 D 
 
 Coloured covers/ 
 Couverture de couleur 
 
 I I Covers damaged/ 
 
 D 
 
 Couverture endommagie 
 
 Covers restored and/or laminated/ 
 Couverture restaurAe et/ou pellinulAe 
 
 I I Cover title missing/ 
 
 Le titre de couverture manque 
 
 □ Coloured maps/ 
 Cartes giographiquas en couleur 
 
 D 
 
 Coloured init (i.e. other than blue or black)/ 
 Encre de couleur (i.e. autre que bleue ou noire) 
 
 □ Coloured plates and/or illustrations/ 
 Planches et/ou illustrations en couleur 
 
 □ 
 
 D 
 
 D 
 
 Bound with other material/ 
 Reli4 avec d'autres documents 
 
 Tight binding may cause shadows or distortion 
 along interior margin/ 
 
 La re liura serrde peut causer de I'ombre ou de la 
 distortion le long de la marge intArieure 
 
 Blank leaves added during restoration may 
 appear within the text. Whenever possible, these 
 have been omitted from filming/ 
 II se peut que certainea pages blanches ajoutiea 
 lors d'une restauration apparaiasant dans le texte. 
 mais, lorsqua cela 6tait possible, ces pages n'ont 
 pas 6t6 filmias. 
 
 Additional commanta:/ 
 Commentairas supplAmantairas; 
 
 L'Institut a microfilm^ le meMleur nxemplaire 
 qu'il lui a At* possible de se procurer. Les details 
 d9 cet exemplaira qui sont peut-Atra uniques du 
 point de vue bibliographique, qui peuvent modifier 
 une image reproduite. ou qui peuvent exiger une 
 modification dans la mAthode normala de filmage 
 sont indiquAs ci-dessous 
 
 I I Coloured pages/ 
 
 v/ 
 
 D 
 
 This item is filmed at the reduction ratio checked below/ 
 
 Ce document est film* au taux da reduction indiqu* ci-dessous. 
 
 Pagea de couleur 
 
 Pages damaged/ 
 Pages endominagias 
 
 Pages restored and/oi 
 
 Pages restaurias et/ou pellicul6es 
 
 Pages discoloured, stained or foxec 
 Pages d6color6es, tachet^es ou piquAes 
 
 r — I Pages damaged/ 
 
 nn Pages restored and/or laminated/ 
 
 r~~} Pages discoloured, stained or foxed/ 
 
 □ Pages detached/ 
 Pages ditachies 
 
 Showthrough/ 
 Transparence 
 
 I I Quality of print varies/ 
 
 Quality inigala de I'impression 
 
 Includes supplementary material/ 
 Comprend du material supplimentaire 
 
 Only edition available/ 
 S^ule Edition disponible 
 
 Pages wholly or partially obscured by errata 
 slips, tissues, etc.. have been refilmed to 
 ensure the best possible image/ 
 Les pages totalement ou partiellement 
 obscurcies par un feuillev d'errata. une pelure, 
 etc., ont M filmAes A nouveau de fa^on A 
 obtenir la meillaure image possible. 
 
 10X 
 
 
 
 
 14X 
 
 
 
 
 18X 
 
 
 
 
 22X 
 
 
 
 
 26X 
 
 "" 
 
 
 
 30X 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 7 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 12X 
 
 
 
 
 16X 
 
 
 
 
 20X 
 
 
 
 
 24X 
 
 
 
 
 28X 
 
 
 
 
 32X 
 
 
The copy ffilmad h«ra hat been reproduced thank* 
 to the ovneroeity of: 
 
 Library of the Public 
 Archives of Canada 
 
 L'exemplaire film* fut reproduit grice i la 
 O^nAroaitA de: 
 
 La bibliothAque des Archives 
 publiques du Canada 
 
 The *.r.iiages appearing here are the best quality 
 pot.tible considering the condition and legibility 
 of the original copy and in Iceeping with the 
 filming contract specifications. 
 
 Original copies in printed paper covera are filmed 
 beginning with the front cover and ending on 
 the last page with a printed or illustrated impree- 
 sion, or the back cover when appropriate. All 
 other original copies are filmed beginning on the 
 first page wHh a printed or illustrated impres- 
 sion, and ending on the last page with a printed 
 or illustrated impression. 
 
 The last recorded frame on each microfiche 
 shall contain the symbol ^»> {meaning "CON- 
 TINUED"), or the symbol V (meaning "END"), 
 whichever applies. 
 
 Las images suivantes ont At* reproduites avec le 
 plus grand soin, compte tenu de la condition at 
 de la nettet* de l'exemplaire film*, at en 
 conformiti avec lea conditions du contrat de 
 filmage. 
 
 Lea exemplaires originaux dont la couverture en 
 papier est imprimAe sent filmte en commen^ant 
 par le premier plat at an terminant soit par la 
 darniire page qui comporte une empreinte 
 d'impression ou d'illustration. soit par le second 
 plat, salon le cas. Tous les autres exempleires 
 originaux sont fiimAs en commen9ant par la 
 premiAre page qui comporte une empreinte 
 d'impression ou d'illustration at en terminant par 
 la derniAre page qui comporte une telle 
 empreinte. 
 
 Un des symboles suivante apparattra sur la 
 darniAre image de cheque microfiche, selon le 
 ces: le symbols -^ signifie "A SUIVRE ", le 
 symbols ▼ signifie "FIN". 
 
 Maps, plates, charts, etc., may be filmed at 
 diffarrnt reduction ratios. Those too large to be 
 entirely included in one exposure are filmed 
 beginning in the upper left hand corner, left to 
 right and top to bottom, as many frames as 
 required. The following diagrams illustrate the 
 method: 
 
 Les cartes, planchea. tableaux, etc., peuvent Atre 
 f ilmAa A des taux de ? Aduction diff Arents. 
 Lorsque le document est trop grand pour Atre 
 reproduit en un seul clichA, 11 est filmA A partir 
 de I'angle supArieur gauche, de gauche A droite, 
 et de haut en bas, en prenant le nombre 
 d'images nAcessaire. Les diagrammas suivants 
 illustrent la mAthode. 
 
 1 
 
 2 
 
 3 
 
 1 2 3 
 
 4 S 6 
 
..'.j^vi^.' 
 
 American Question. 
 
 PRICE Is. 6d. 
 
 A LETTER, 
 
 *V' FROM A CALM OBSERVER, 
 
 "i' 
 
 . r'"'?"' •^-■' ■.■;!'. ''P A 
 
 5;is.! .<■ '•-, '"'1 .: ,v'; 
 
 .;wr hi] 
 
 ^oble Xorti, 
 
 
 ::'< ^Af^fMUi hvmy ON THE SUBJECT 'i » .•■■■-':•■; ,*;,,: : ■; ^ 
 
 il^S OF THE LATE DECLARATION li':-.^-,-. 
 
 .i--<',' 
 
 RELATIVE TO THE 
 
 :*'if ••:■■■ 
 
 ORDERS IN COUNCIL. 
 
 ^*'»#'v;' ■• ■■•■ ■ 
 
 ..... 
 
 * 1.'.' ■; ! •>»;•* J" 
 
 PKINTED BY A. J. VAIPY, TOOKe's COV&T, 
 
 t. ; CHANCERY LANE; 
 
 HOLD BY GALE AND Cl>]lTI8, PATE&NOSTEa ROW; 
 
 JAMBS RICHARDSON, OPFOSITB THB ROYAL 
 
 EXCHANGE; AND ALL OTHER 
 
 BOOK8ELLKRS. 
 
 ,■> ^. 
 
 1812. 
 
 
PREFACE. 
 
 I n those vlio tloiilit, and to tlioso wlio believing, still regret, thr 
 ii«((ssity, ill foiiits of Jiistire,of tl.t ()1<1 BaiU-y-pracliir ot'examin- 
 in;; \vitiussrs ir mn^t de |iiiintiil to olivorvc a nmidc so little di&;nificd 
 ailniiitcd at llif liiir ut'oiie of thr jii-fiit roiiiicils nfthe nation; t'spcci- 
 jilly uhiic ;;icli »nrtics iiulicate but too jilaiiily the chicane that ni*j 
 bf (wpcru d »o IV! u\v. 
 
 Siiir< liif Iclter lu'ie jirosented to the public was written, it ha* 
 iip|Kar>(i Imt tdo pinirily that u discrimination is intended to be 
 advaii<'<'il I'i'lwocii the Onicis m Conncil, iiiid tin- nrtifieation ofblork- 
 ■dde of tlip Irili of iMay, 1!)()6 ; and in ordtr to trip the advocates for 
 peace and I'l^r cnniniiM-cial intercourse wilii Ihe United States, the 
 importance of ni^iiiitiiining our niaiitinie rii lits will be piostitnled in 
 an iinrinlitPons ( oniest, in which the false pretence of a desire to 
 invade or diminish them on the part of tltat geveinmcnt will be as 
 nsniil nnhliii-hiiiply a.'jserted. 
 
 Uut vvlii'ther this notification is to be considered as an Order in 
 C'ouiii'il, to which it is itiiiivalent, or as mcrijed in the siib^^eiiuent 
 Ord>.r of January, 1H07 ; as Mr. I'inkney supposed it, there isnodniibt 
 thai its existence in the shape of a mere proelan ation blockade is 
 incompatible with the conditions upon which alone the 1'rP«ident is 
 authorised to restore the intercourse between tlie two countries, 
 jiince it is an edii:l that violates the neutral commerce of the United 
 States : not so a real blockade. This subject is particular^' treated 
 in the litters in a late pamphlet from a Cosmopolite to a Cleigynian. 
 
 'J'liere is another biancli of this question, that sliouid not pass unno- 
 ticed. In a late publication of the exports for seven year?, an average 
 is made up of the four tirst, and of the three last y«ars Fallacies are 
 easily piacticfd in these accounts; but the object lure is too ^'laring, 
 it can be otily by showing a veisily e(iual iraJe on th( urernne of each 
 <if the two periods to keep the actual state out of view. Averages for 
 years hai;k are very t.ood data for forming an estimati' where tlie course 
 of thini;s is the same; but is th're any thing in the three la.st yiars, 
 taken collectively, that i-an turnisli a perspective avera};e? Can the 
 year 1810 for example, when exportations to America were tree, 
 joined to that part oCi*.t1, in which a few goods were exported, form 
 an anticipatory uveiagc for li;12, when we uie exporting noue at all ? 
 Uow ridiculous ! I 
 
 Just Publkhed, hy (he iame Author, 
 
 A SERIES OF LETTERS FROM A COSMOPOLITE TO A 
 CLEIUJYMAN; eoniainin<ja temperate Inquiiy into the Snbjecis of 
 Dispute between Ckfat liniTAiN and America: with remaiks on 
 the erroi.eoMS opiiiion entertained in this country, relative to the 
 partiality of Amkiucv towards France; including authentic docii- 
 oients to prove the contrary. 
 
11 rceret, thr 
 \(:c ot'fxumin- 
 littlc dignifii'd 
 ill ion; »'spcci- 
 :anc that m*j 
 
 i'rittcD, it has 
 tended to be 
 ition of l>lork- 
 advofates for 
 ed States, tlic 
 piostitiilcd in 
 of a ilt'.sire to 
 ent will be as 
 
 s an Order in 
 he siibsc(|iirnt 
 CR' is no donbt 
 in blorkade h 
 ,e l'.p«id»nt is 
 wo countries, 
 of the L'nited 
 Mslar^' treated 
 a Clei jiynian. 
 not pas.s unno- 
 iirp, an average 
 
 Fallaeies are 
 is too ^'taring, 
 reratie of each 
 
 Averages for 
 lere tlie course 
 irec la^f ytars, 
 af;e? Can the 
 ica were free, 
 jxporttd, form 
 ng none at all ? 
 
 )LITE TO A 
 
 the Snbjccts of 
 ith remarks on 
 relative to the 
 uthentic docu. 
 
 A LETTER, 
 
 &C. 
 
 MY LORD, ' 
 
 1 HE declaration published in the Times 
 of yesterday having led to the following reflections, I ply 
 your Lordshtp to receive then, as the dictate of that cor' 
 d.al desire for harmonious intercourse between Great 
 Bnta.n and the United States of America, which is „,o,t 
 natural to a man having „o special bias to mislead 
 h m. And when I assure your Lordship that I have no 
 other motive, I am confident you will excuse the freedom 
 M^ith which, to be better understood, I shall not hesitate 
 to treat the subject. 
 
 My chief object is to show the distinction, which ought 
 to be made between French pretensions and JmeriL 
 acqmescence,^iy^o objects which I am convinced have 
 been most unwarrantably blended; and which, with all 
 due deference, have been, and, in the document before 
 us are continued to be so blended, without excuse on the 
 part of his Majesty's ministers, and with a view to exten- 
 uate measures, which, with the knowledge they ought to 
 possess of the facts, cannot be excused. 
 
The obligation of liis Majesty's ministers, to distinguish 
 in this case between French declarations and American 
 acquiescence, might be very leadily shown : but I shall 
 not grudge the trouble to take up the subject in the order 
 in which it presents itsdf; and hope your Lordship will 
 not find it tedious, though collateral considerations should 
 necessarily be mixed in the narrative. 
 
 I'he revocation of the decrees of Berlin and Milan, as 
 announced in the letter of Champagny to General Arm- 
 strong of the .5th of August, 1810, (the usual mode of 
 such conimunicalioiis, as well in England, as in France,) 
 is in the following words : " Dans ce nouvel ^tat de 
 choses, Je suis autorise k vous declarer, Monsieur, que 
 les decrets de Berlin et Milan sont revoques, et qu'au 
 1 Novembre, ils cesseront d'etre en force, bien entendu 
 qu'en consequence de cctte declaration les Anglois revo- 
 queront leurs Ordres di Conseil, et renonceront au nou- 
 veau principe de blocus qu' ils ont tente d' etablir ; ou 
 que les Etats Unis, conformement a /' ade que vous venez 
 tie communiqner, fevont respecter leurs droits • par . les 
 Anglois." 
 
 Ou the form and manner of thi.s declaration I am aware. 
 there are different constructions. On the part of France 
 it is contended, that as the United States were .the only 
 neutral power, it was to them alone that the renunciation, 
 and the <;onditions of it, could be properly addressed. In 
 England there are those that cousidcr, that the instrument 
 of revocation should be of a more general tenor. How- 
 ever this question may be settled in respect to any other 
 party, it is clear that the mode, as respected the United 
 States, w as unexceptionable. In what light it ought to 
 have been viewed by his Majesty's ministers, will be best 
 seen by a short analysis of the words of the act. 
 
The Berlin and Mil m decrees are declared to be r«- 
 voked, and a dav is appointed, on which they shall ccasr 
 to be in force, under certain conditions, with which his 
 Majesty's government had previously bound itself in that 
 case to comply ; or an alternative condition, with which 
 the United States had bound themselves to comply. — The 
 conditions required of England were, that she should revoke 
 her Orders in Council, and renounce her new principle of 
 blockade. — The principle of blockade here referred to i« 
 evidently that blockade, which is no blockade, to wit, a 
 blockade by proclamation, wanting all the essentials to 
 constitute its legality, according to the construction of the 
 law of nations, of the British courts of Admiralty, and of 
 the government itself, as declared in numerous instances, 
 and as particularly communicated to the United States 
 through Mr. Merry, in his letters to Mr. Madison of the 
 12th of April, 1S04; and of which no justification has 
 ever been pretended, save on the principle of retaliation, 
 to which the revocation in question would put an end. — 
 The pretence of the doctrine of blockade now set up by 
 France, cannot, with any propriety, be made retrospec- 
 tive, in aid of the construction .of the letter of Chanipagny 
 above quoted. — ITie new principle therein referred to, — 
 one and indivisible, as your Lordship will observe,— not new 
 principles, — could only be that of blockade by proclama- 
 tion, then lately set up. — Moreover, it will be seen in the 
 sequel, that the pretensions now set up by the French 
 government were, previously to that date, not only not 
 avowed, but absolutely disavowed, by the government of 
 the United States, in documents that could not fail to be 
 known, as well by llie French, as by his Majesty's govern- 
 
nient.' Had the abandonment of the Orders in Council 
 been the consequence of this revocation, or had any judicial 
 
 99tk April, 1812. 
 ' In the uprrrh of Mr. Rose of lut evenin;; on tlie pttitions agaimt 
 the Orders in Council, referrini; to the Berlin decree, he asserts that 
 the French niinistir explained the exclusion of ships from places not 
 fully blockaded, to mean from places not besieged by land, as well aa 
 by sea ; but there is not a word of land in the caie. In the exordium 
 to the Berlin decree he compluinst, that England declared blockaded 
 places, before which she had not a single vessel of war ; — although a 
 place ought not to be considered blockaded, but when it is so invested 
 as that no approach to it can be made without imminent hazard. He 
 also complains that England extends the right of blockade to ports not 
 fortified, and leaves ample room for prevarication on the question of 
 what constitutes a legal blockade. The evasions that he might have 
 made, however, cannot, I conceive, be taken as conclusive of the 
 question, even us between him and England, still less can they enter 
 ipto the question of principle or construction, as between England 
 and the United States. There is another passage in this speech of Mr. 
 Kose, which cannot be overlooked. He thinks the blockade of the 
 coast from Brest to the Elbe perfectly right, and asserts that " it was 
 certainly legitimate on the ordinary principles of the law of nations^ for 
 wo had u naval (orce/uUy competent to enforce the order." This is some- 
 thing worse than Crede quod habcs, ct Imbes, — where the principle of the 
 law of nations ia to be found, that supposes a blockade to exist because 
 it might exist, I am at a losn to imagine. The sun shines at this mo- 
 nicnt; it was cloudy an hour ago, and might have rained ; but it has 
 not rained, neither docs it rain at present. From what h..s been 
 asserted above, and still more from what follows, in the text, it ap- 
 pears that no such very ordinary principles enter into the British con. 
 Struction of the law of uations. 
 
 There is yet another remark to he made on this speech of Mr. Kos^. 
 The Right Honorable Gentleman is reported to have said as follows: 
 " Then came the decree of Rambouillet, ordering the confiscation (he 
 should have said sequestration) of Americun property, which was tan- 
 tamount to a declaration of war ; and when Mr. Armstrong complained, 
 he was told that the measure was consonant to the principles of eternal 
 justice, and America was declared to be at war with England, whether 
 
cil 
 
 ial 
 
 Mt 
 
 lat 
 lot 
 
 as 
 I in 
 ed 
 
 a 
 ed 
 le 
 ot 
 of 
 ve 
 le 
 er 
 d 
 r. 
 le 
 [. 
 ir 
 
 e 
 e 
 
 » 
 
 I 
 
 \J\ 
 
 7 
 
 ^decision shown that they had ipiso facto become null and 
 void, I am rot prepared tu siiy, ihul iiu previiricatioii on the 
 part of the rneiuy, nor any paramount intitsurcs would have 
 been adopted, but clear it is tliat any such n»(;asurcs 
 
 ahe would cr not." llii not tli<! contempt of phronolPi;ical orJti, lit 
 which event* of inoiv timii two yeiuV distance urc first invertrd, »nil 
 then amalfriiniated, that iiidnccs me to notice tlii» p.its.iLe. Anucliruninin 
 is purdonaiite ut a certain tiinu ut' hlr, even in u /^cntlcnirtn who may 
 have justly boasted, at im earlier period, (fl'liaMtt of oflUial itcciiracv. 
 TI.e decree of Riinihoiiilict, to be sure, which Mas dated the '.'3d of 
 Marcli, and published the 11th of May, 18i(), could not very will 
 have becD the subject of complaint on the part of Mr. Ariiistioug, upon 
 which, he was told, on the llth oftlie piec«di:in Februiiy, lli.it the 
 measure was consoimnt to tln^ pri.iciplts of ctiiii.il ji:-tli'c ; i.iiihcr 
 could it follow, on the l.)th of January, 1808, Hit An, erica wis de- 
 clared to be at war with Kn^land, wiiethcr she would or not. No ilouijt, 
 this aud many other impertinent exprcsiiioiis uic t<> be t'oii'ni in iLc 
 French correspondence, as well as llio bpiritt "I aud appropriate an- 
 swers of tlie government of the United Slates and its niini^tci <, m iiich 
 may be seen in a Pamphlet lately publislied, intit.'ed '* The Di'>;'iite 
 witli America considered, in a Series of Letters from a Cosmrpoliie 
 to a Clergyman." But ^le error I wish particular. y to point out \i 
 that which disparages the translation in the tc\t, respecting the eter- 
 nal principles of justice. The words are (Cadore to Armstrong, tlth 
 of Febnigry, 1810,) ; " Sa Majesty regarderait ses dccrels de Berlin et 
 de Milan conime attentatoircs aux principcs dc justice ^tcrnellc, s'ih > 
 n'^toicnt la consequent obligee des arrets du conseil Britaniqiie, et 
 lurtout de ceiix de Novembre, ii)07." 
 
 Surely these word^, which, however, I find the Right Honorable 
 Vice-President may have seen erroneously translated in the News- 
 papers, convey a meaning even with respect to the decrees they tfeat 
 of, very different from what could be imagined from those mistaken 
 by iiini; and as I find M. de Cudore, in tliis same letter, desiring Mr. 
 Arinitroiig not to submit to any blockade which is not real, " ui a 
 aucun d^cret de blocus, a moins que ce blocus ne soit reel," I cannot 
 but consider how different his pretexts must' have been, if instead of 
 the competency above mentioned, the Right Honorable Gentleman 
 kad h««n able to usart the fact. 
 
8 
 
 would have been obnoxious to the severest censure, 
 and wouhi have thrown on him the odium from tlie pco* 
 pie on the continent, which he hast dexterously turned 
 upon his adversary. Not only the worda of the decrees 
 themselves would in such case be turned against him, but 
 the very strong expression in the note of the Minister of 
 exterior relations to Cjencrai Armstrong, of the 14th of 
 February, IrtlO; "His Majesty would consider his 
 decrees of lierlin and Milan, as violating the principles of 
 eternal justice, if they were not the necessary consequence 
 of the British Orders in Council, and, above ull, of those 
 of November, 1807." 
 
 Tlu: alternative enjoined on the United States, as de- 
 pending on themselves, was simply that they should make 
 their rights respected, conformably to the law, which they 
 had promised in such case to put into execution^, and 
 while that law remains in force as the evidence of their 
 resistance of the unlawful invasion of their rights ; their 
 flag cannot be considered denationalized. The period, 
 within which it would have been competent for govern- 
 ment to revoke the Orders in Council, is not accurately 
 defined ; but if at iiny time between the oth of August, 
 (the date of the revocation) and the first of November, 
 when it was to take effect, the Orders in Council had been 
 withdrawn, Bonaparte would have had no excuse, for 
 maintaining his decrees, that would have satisfied his sub- 
 jects, or his vassals. I have no doubt, my Lord, that 
 the event, as it turned out, was much more conformable 
 M'ith his views, and indeed precisely that which he con-f 
 tenipluted. This, however, is the view of the case as be- 
 tween France and England : the main object of my troub- 
 ling your Lordship : — the difference between the preten-» 
 sions of France and the acquiescence of America, is yet 
 

 to bu cuiisidcrcd. Ami liore 1 will not stop to inquire by 
 what fatuity, or by what tlcsi^n, but shall simply observe, 
 that it does appear to nii*, there is, somewhere, a latent 
 determination to Enthrall the United States in the war 
 against England, and to cajol<i the people into a belief of 
 its necessity : — it does appear to nie that, without sonic- 
 thing of this kind, it would be impossible that the perse- 
 vering eft'orts of the I'nited States, year after year, to use 
 the words of Mr. Madison, and war after war, to conci- 
 liate and place all the subjects of difference on a just foot- 
 ing, should not only fail of their eft'cct, but be perverted 
 and niisrepreaented in a manner so artful and continual, 
 that not only what is not true, but the direct contrary to 
 the most pal])able truths are made to pass current, till 
 nothing but the severest consequences of the error will 
 stop them. 
 
 ^11 the declaration before us, and the debates that pre- 
 ceded it, clearly indicating the quarter from whence it 
 came, the pretensions of » France are so artfully twisted 
 with the pretended hopes, that when America comes to 
 see, she will reject them, nay, it has even been so insult- 
 ingly said, that she will find herself the dupe of France^ 
 that I will venture to say nine people out of ten, that have 
 read them, consider America as asserting the same doc^ 
 trines, and demanding the same conditions on the revoca- 
 tion of the Orders in Council, us respects the United 
 States, as have lately been promulgated to the conserva- 
 tive senate. But ought there not, my Lord, to be some 
 evidence of this, before it is so conclusively determined ? — 
 is there any such evidence, and where is it ? — Bonaparte 
 has demanded now more than he dared think of on the 
 5th of August, 1810; and his demands will probably 
 progress w ith the inarch of his Douanicrs. A year henc? 
 
10 
 
 you \\i\\ find him demanding, that encm^^'s ships, as well an 
 goods, shall pass the ocean freely; but what have the 
 United States to do with that?— it will puzzle administra- 
 tion, my I^ord, to find any where an acquiescence in these 
 modern doctrines; and an ac«juiescence should be proved 
 before the United States are implicated in the pretension. 
 But what will the nation say, if they should discover, not 
 only that Ministers, with whom the burden of proof 
 should lie, have no evidence to produce to this effect, but 
 that they ore possessed of palpable evidence to the con- 
 trary : — evidence not hidden from them, nor afar off, but 
 nigh unto them in their heart, and in their mouth ; — evi- 
 dence, which, if those of them that have been long acting in 
 these concerns, do not possess at their fingers' ends, they 
 are ignorant of what it is their speci'il duty to know : and if 
 they do possess it, they ai e most cruelly deceiving the pub- 
 lic— I will now take the liberty of placing it before your 
 Lordship, or a competent part of it, to prove the fact 
 beyond all doubt. And first on the question of free ships, 
 free goods. 
 
 In the project of a treaty inclosed in the instructions of 
 Mr. Madison to Mr. Monroe, the 6t\\ of January, 1804, 
 after enumerating the articles of which contraband of war 
 shall consist, he adds " and no other articles whatever, 
 not here enumerated, shall be rep-jted contraband, or 
 liable to confiscation, but shall pass freely without being 
 subjected to the smallest difficulty, un/ess they be enemy's 
 properti/." In the treaty of the 31si of December, 1806, 
 article 8th, the above in^ttruction is carried into effect, but 
 it should have been observed in the order of date, that, in 
 the observations accompanying the plan, Mr. Madison 
 has the following words: " She (Great Uritain) will find 
 in both (received authorities and usage) tliat a neutral 
 
 I ; 
 
11 
 
 vessel does not protect certain objects denominated con- 
 traband of war, including enemies serving in the war, nor 
 articles going into a blockaded port ; nor as she has main- 
 tained, and as we have not contested, enemy's property of 
 any kind." 
 
 I will not trouble your Lordship with any other quota- 
 tions on this subject, though it was my intention ; it will 
 be a shorter mode to observe that an examination of the 
 correspondence, and of the public documents of late years, 
 and even of the treaty of Lord Grenvjlle with Mr. Jay, 
 will show a desire on the part of the American government 
 to establish the principle of free ships, free goods, and the 
 perspective hope so to fix it when both nations shall be at 
 peace ; but the sun ender of the pretension, nevertheless, 
 to the English doctrine on diat subject. 
 
 On the subject of blockade, Mr. Madison, in a letter 
 to Mr. Thornton, of tlie ^Tlh of October, 1803, writes as 
 follows : — " The law of nations is perhaps more clear on 
 no other point tlian on that of a siege or blockade, such as 
 will justify a belligerent nation in restraining the trade of 
 neutrals. Every term used in defining tlie case, imports 
 the presence and position of a foice rendering access to 
 the prohibited place manifestly difficult and (laiigerous. 
 Every jurist of reputation, who treats with pieci-ion this 
 branch of the law of nations, refers to an actual and par- 
 ticular blockade. Not a single treaty can be found, which 
 undertakes to define a blockade, in which the definition 
 does not exclude a general or nominal blockade, by limit- 
 ing it to the case of a sufficient force so disposed as to 
 amount to an actual and particular blockade. To a num- 
 ber of such tref fies, Great Britain is a party. Not to 
 multiply references on the subject, I confine myself to the 
 fourth article of tl»e convention of June, 1801, between 
 
12 
 
 Great Britain and Russia, which, having been entered into 
 for the avowed purpose < of settling an invariable deter- 
 mination of their principles upon the rights of neutrality,* 
 must necessarily be considered as a solemn recognition of 
 an existing and general principle and right, not as a stipu- 
 lation of any new principle or right limited to the parties 
 themselves. The article is in the ^rords following : ' that 
 in order to determine what characterises a blockaded port, 
 that denomination is given only to a port where there is, 
 by the dispositions of the power, which attacks it with 
 ships stationary or sufficiently near, an evident danger of 
 entering.'" 
 
 Mr. Thornton having transmitted this representation to 
 his Majesty's government, Mr. Merry, who succeeded 
 him, was instructed to co:nmunicate to Mr. Madison the 
 instructions which the Lords of the Admiralty sent to 
 Commodore Hood, and the Judges of the Vice- Admiralty 
 Courts in the West Indies ; which Mr. Merry inclosed in 
 a letter to Mr. Madison of the 1 2th of April, 1804, in 
 tlie shape of copy of a letter from Sir Evan Nepean to 
 Mr. Hammond, to wit, " not to consider any blockade of 
 those islands as existing, unless in respect to particular 
 ports, which may be actually invested, and then not to 
 capture vessels bound to such ports, unless they shall 
 previously have been warned not to enter them." 
 
 The instructions of Mr. Madison to Mr. Monroe, of 
 the 5th of January, 1804, anticipated this definition, and 
 in those to Messrs. Monroe and Pinkney of the 17th of 
 May, 1806, he refers to it as a rule in the meditated treaty. 
 In a letter of so old a date as the 20th of September, 
 1800, from Mr. Secretary Marshall to Mr. King, the 
 necessity of an investment by land is given up as a depart- 
 ure from principle, which has received some sanction 
 
1 entered into 
 iriab/e deter- 
 Tfneutraliiy* 
 ecognition of 
 ot as a stipu- 
 
 the parties 
 ►wing : ' that 
 ckaded port, 
 lere there is, 
 acks it with 
 nt danger of 
 
 esentation to 
 succeeded 
 Vladison the 
 alty sent to 
 ;e-Adiniralty 
 y inclosed in 
 •il, 1804, in 
 
 1 Nepean to 
 blockade of 
 9 particular 
 then not to 
 
 ' they shall 
 
 n 
 
 • 
 
 Monroe, of 
 inition, and 
 the 17th of 
 ated treaty. 
 September, 
 King, the 
 IS a depart- 
 e sanction 
 
 13 
 
 from practice; and in a letter of so late a date as the 14th 
 of January, 1811, from Mr. Pinkney to Marquis Welles- 
 ley, we have the following words : 
 
 '* It is by no means clear that it may not fuirly be con- 
 tended, on principle and early usage, that a maritime 
 blockade is incomplete with regard to states at peace, 
 unless the place, >Yhich it would affect, is invested by land 
 as well as by sea. The United States however have called 
 for the recognition of no suck rule." 
 
 In respect to ship-timber too, and other articles of naval 
 equipment, we need only look to the ninth article of the 
 treaty of the 3 1st of December, 1806, to perceive that 
 the United States conform to tiie English doctrine, on 
 that subject also. There is nothing in the objections to 
 that treaty that goes to controvert this article. 
 
 Now, my Lord, I beg leave to ask where is the evi- 
 dence of American acquiescence, that should involve the 
 United States in die consequences of the French preten- 
 sions ? — in my conscience, I must say, and I hope your 
 Lordship will join me, that not only do I find no acquies- 
 cence on the part of the American government to French 
 principles; but that on moot points, — points much mooted 
 in Europe, — points in which England stands alone in 
 Europe, and in which the faith of America has been much- 
 shaken, she has still acquiesced in the doctrine of 
 England. — Well then may Mr. Pinkney say, as he does in- 
 the very letter to Lord Wellesley above quoted, " What I 
 have to request of your Lordship therefore is, that you will 
 take our views and principles from our own mouths ; 
 and that neither the Berlin decree, nor any other act of any 
 foreign state, may be made to speak for us what we have 
 not spoken for ourselves." 
 
 A few words, my Lord, on the consequences of thi«. 
 unfortunate and most erroneous identification of French 
 
14 
 
 \i 
 
 ami American principles. — Tho exports from the United 
 State* to the Peniusiiia in one year have amounted at the 
 cost in America, in round numbers, to eighteen millions 
 of dollars. The flour, purchased at an average of nine 
 dollars per barrel, has been furnished to the army by con- 
 tract at fifteen ; a rate at which, when the enormous and 
 hitherto unknown discount of bills on England of more 
 than 20 per cent is added to the freight and msurance, little 
 proflt would remain ; and as ihe other articles may be 
 supp )sed to have averaged in proportion to the flour, we 
 must set down thirty millions of dgllars thus expended in 
 specie, which, at five shillings each, amount to no less a 
 sum than 7,500,(iOO/. Had the edicts of Great Britain been 
 90 revoked as that they should cease to violate the neutral 
 commerce of the United Slates, instead of being paid in 
 specie or its equivalent, in a circuitous exchange, all this 
 property, with the exception of some trifling charges of the 
 ships while in port, would have been paid for in British 
 manufactures, the raw materials of which, imported from 
 abroad, with even the addition of the value of so nnich of 
 the labor employed in them, as might possibly be bestowed 
 on agriculture, would not exceed at most 1 ,500,00(J/. — 
 Here then is a direct loss to the nation, however the sum 
 might have been distributed at home, of six millions by 
 the American non-importation, and nothing can be more , 
 erroneous than to consider this a temporary inconvenience. 
 Every hour of the continuance of this system is adding to 
 the future exclusion of a portion of those manufactures, 
 (the generative produce by which the exhausture of former 
 wars has been supplied) by the establishment of o'hers in 
 the United States ; where the comparative rlit ;ipm\ss of 
 living, which has heretofore influenced the locality of iiiaiiu- 
 factures at home, is enhanced both in fiict a>id in prospect 
 by the measure which is transplanting them, 
 
 
 t . I 
 
 1*1 
 
15 
 
 )m the United 
 loimted at the 
 iteen Djillions 
 erage of nine 
 army by con- 
 snormous and 
 land of more 
 stirance, little 
 ides n)ay be 
 the flour, we 
 expended in 
 
 to no less a 
 Britain been 
 s the neutral 
 eing paid in 
 "ge, all this 
 larges of the 
 • in British 
 ported from 
 so much of 
 >e bestowed 
 00,00<j/.— 
 er the sum 
 niliions by 
 n be more , 
 nvenience. 
 
 adding to 
 lufaetures, 
 of former 
 of hers in 
 apness of 
 <jf rriaiiu- 
 jjrospcct 
 
 In the above estimate are not included the value of 
 twenty millions of dollars (fnst cost) imported directly into 
 Great Britain, and paid for, if not in specie, as the bread 
 purchased for die Peninsula, in something equivalent ; not 
 certainly in the profitable mode by manufactured goods.' 
 
 It cannot be uniijteresting, at this moment, to consider 
 among what hands Uiis money, thus sent out of Uie king- 
 ilom, would have ciiculutcd. I'he sale of those manufac- 
 tures, and the consequent demand for more, would in Uieir 
 
 ■ Mr. Rose, iii his spcpch above referred to, lias also nolknd tlipse 
 exports from the United States. Tiiey include only tiieexpoits of 
 domestic articles ; and the inference he draws from the cireiinistance 
 appears to me to be erroneous in all its branches. That thirty-tight 
 millions, out of forty-five, vivnt to Oieat Britain, and her allies, and 
 only one and a half millions to France, shows to be sure that the 
 United States liav«' a profitable export trade to Great Hrituin and her 
 allies ; as necessary to the sustenance of her army and her allies in the 
 Peninsula, as hard to spare from the n . '.luie at homo. Rut the mode 
 in which these goods arc paid for, is the most pernicious to the interests 
 of the nation that can be ima^'ined. Nolliinj; but the importation of 
 cambrics and laces from Fra'.i(;c can be so ruinous, even in the small 
 proportion that Uicse artick's bear in respect to amount ; it is observ- 
 able too that the disparity arises from the mea-ure complained of. 
 Before the Orders in Council existed, the exports to France and to 
 other foreign ports in Europe bore a very diU'crent proportion. Of 
 seventy-ei^lit millions of dollars, total amount of the exports of the 
 United States in tht year 180 1, only twenty-two niillioiis were exported 
 to Great Britain and all her dependencies; one third of which wan 
 sent to tlie British West Indies ; the same proportion may be pre- 
 sumed, where particulars cannot be hud, of the one hundred and eight 
 T'^illions to which the exports had progressively increased by the year 
 1807, the last preceding the operation of the Orders in Council But 
 the difference here was that, instead of paying in specie, or at a ruinous 
 course 01 exchange, for our own consumption of American produce, the 
 proceeds of a great portion of that consumed abroad were remitted 
 here to pay for their consumption of our manufactures ; and not for 
 their consumption only, but for that of other markets aiito, which, with 
 «U our pretcusious, we know not bow to find. 
 
l(j 
 
 I 
 
 - s> 
 
 I 
 
 Hir«;ct ojM'ration have furnished employmcnl to the valu- 
 able subjects become paupers, aud desperate paupers ; 
 yet Mr. Perrcval asks, is there any one who imagines that 
 under any pretence of conciliating America we ought to 
 rescind our Orders in Council ? — Quis Juror iste noriis?.^' 
 
 If your Lordship will give me credit for the sentiments 
 expressed at the beginning of this letter as respects myself; 
 you will readily conceive that I must be one of the last to 
 believe that either the prince or the people is inimically 
 disposed towards the United States. And if it conforms 
 to the freedom I have asked leave to use, to notice, in the 
 opinions that Ministers have thought fit to propagate, a 
 corps de reserve to justify them in the event of a rupture ; 
 A^ I hope they are not so inveterately detennined to provoke 
 v^ ^ ' it, and that such determination doen not enter so necessarily 
 into the scheme of a mysterious policy, as to be incapable 
 ^ of allowing the true case to be known, or of yielding to 
 ■what must be the desire of both prince and people under 
 ^ a just estimate of the real fact. 
 
 \ To inflict on your friend the evils provoked by your 
 
 \. enemy is unjust, I think, in your Lordship's estimation. 
 
 Vs^ With those who plead necessity, it is a subject of regret. 
 
 ^ But to suffer the contested rules of your enemy to influ- 
 
 si -^ ence the right of your friend who has subscribed to your 
 
 \,'^ own to allow & profitable intercourse with your fiiend 
 
 ^ to depend on, or be? suspended by, the doctrine of your 
 
 A enemy, which he has rejected, is neither just nor necessary. 
 
 Need 1 add my conviction, after what has been said, my 
 
 Lord, that in the present instance it is as ruinous as it is 
 
 wicked. 
 
 U 
 
 I 
 
 London, April Q.Mh, 1812. 
 
 -i i 
 
lie valii- 
 •aupcrs ; 
 nes that 
 ught to 
 
 itiments 
 myself; 
 ; last to 
 mically 
 informs 
 , in the 
 igate, a 
 ipture ; 
 rovokc 
 iSsarily 
 apabic 
 'ing to 
 under 
 
 ' your 
 ation. 
 egret, 
 influ. 
 
 your 
 Friend 
 
 your 
 isary. 
 I, my 
 
 it is