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Tous les autres exemplaires originaux sont film6s en commenpant par la premiere page qui comporte une empreinte d'impression ou d'illustration et en terminant par la darnlAre page qui comporte une telle empreinte. Un des symboles suivants apparaltra sur la derniire image de cheque microfiche, selon le cas: le symbols —^ signifie "A SUIVRE". le symbols y signifie "FIN". Les cartes, planches, tableaux, etc., peuvent Atre filmte A des taux de rMuction diff Arents. Lorsque le document est trop grand pour Atre reproduit en un seui clichA, II est filmA A partir de Tangle supArieur gauche, de gauche A droite, et de haut en bas, en prenant le nombre d'Images nAcessaire. Les diagrammes suivants illustrent la mAthode. 1 2 3 1 2 3 4 5 6 PAPERS KZIATING TO A. M E R I C A. Prefented to the Houfe of Commons, 1809. LONDON; Printed »)y A.Stxahan, Printeri-Street. i8io. CONTENTS. PAPERS relating to the Encounter between His Majefty's Ship Leopard, and the American Frigate, Chefapeake. Page ^ CORRESPONDENCE between Mr. Secretary Canning and Mr. Pinkney, from September 23, to November 28, 1808. m INSTRUCTIONS to the Honourable D. M. Erlkinc, by Mr. Secretary Caaning ; axid the Correfpondence between the Honourable D. M. Erfkine, and the Honourable Robert Smith. 161 a 2 -*:• PAPERS DELATING TO THB Encounter between Hi« Majesty's Ship Leopard, AND The American Frigate Chefapeake, '■) LIST OF PAPERS. No. I . No. a. No. 3. No. 4. • - '1 ' No. 5. No. (5. No. 7. No. 8. No. 9. No. 10. No ^i I - No. 12. *^OTE from Mr. Secretary Canning to James Monroe Kfq., dated 25th July 1807. Note from Mr. Monroe to Mr. Secretary Canning, dated 27th July 1807. Letter from Mr. Monroe to Mr. Secretary Canning, dated 29th July 1807. Letter from Mr. Secretary Canning to James Monroe Efq., dated 2d Augufl 1807. Note from Mr. Monroe to Mr.Sccrctary Canning, dated 6th Augufl 1807. Letter from Mr. Secretary Canning to James Monroe Efq., dated 8tli Auguft 1807. Letter from Mr. Monroe to Mr. Secretary Canning, dated 9th Auguft J807. Note from Mr. Monroe to Mr. Secretary Canning, dated ift September 1807. Letter from Mr. Monroe to Mr. Secretary Canning, dated 7th September 1807. Inclofure in No. p. Note from Mr. Monroe to Mr. Secretary Canning, dated 9th September 1S07. Note from Mr. Secretary Canning to James Monroe Efq., dated 9th September J807. Letter from Mr. Secretary Canning to James Monroe Efq., dated 2 2d September 1807. No. 13. Lit] I J! [ vili ] No. 13. Letter from Mr. Monroe to Mr. Secretary Canning, dated 29th September 1807. No. 14. Note from Mr. Monroe to Mr. Secretary Canning, dated 9th Od>ober 1807. No. 15. Note from Mr. Secretary Canning to James Monroe Efq., dated loth Odober 1807. No. 1 5. Letter from Mr. Secretary Canning to James Monroe Efq., dated zzd O6lober 1807. No. 17. Letter from Mr. Monroe to Mr. Secretary Canning, dated 23d OrCtober 1807. No. 18. Letter from Mr. Secretary Canning to James Monroe Efq., dated 23d Odober 1807. No. 19. Letter from George Henry Rofc Efq. to James Madifon Efq., dated Waftiington, 26th January i8o8. No. 20. Letter from James Madifon Efq. to Mr. Rofe, dated Department of State, 5th March 1808. No. 21. Letter from Mr. Rofe to Mr. Madifon, dated ■.-, Waftiington, 17th March 1808. )i ! , - > * ( « } -> * '-•: (. ■'. ■ t PAPERS. No. I. COPY of a Note from Mr. Canning to Mr. Monroe ; dated Foreign Office, July 25th, 1807. TVyjR. CANNING prefents his Compliments to Mr. Monroe, and, with Sentiments of the deepefl Regret, has the Honour to inform him, that Intelligence has juft been received of a Tranfadion which has taken place off the Coaft of America, be- tween a Ship of War of His Majeily's and a Frigate belonging to the United States; the Refult of which has been the Lofs of fome Lives onboard the Ame- rican Frigate. The Particulars of this Tranfaftion, and the Grounds of the Juftification of the Britifh Officer, and of the Admiral under whofe Orders he acted, Mr, Canning is not at prefent enabled to communicate to Mr. Monroe. If Mr. Monroe fliould' have received any Accounts of it, Mr. Can- ning irufts that he will lofe no Time in communi- eating them to Mr. Cnnning. But whatever the real Merits and CharaOev of this TranfLiclion may a turn I ( ■ ) turn out to be, Mr. Canning could not forbear ex* prefling, without Delay, to Mr. Monroe, the fincere Concern and Sorrow which he feels at its unfortu- nate Refult ; and afluring him, both from himfelf, and in Behalf of His Majefty's Government, thai if the Britifli Officer Ihould prove to have been cul- pable, the mod prompt and efFeftual Reparation fliall be afforded to the Government of the United States. No. 2. ir li ;. t I 1. ■u COPY of a Note from Mr. Monroe to- Mr. Secretary Canning j dated, Portland Place, July 27th, 1S07. ,, , 'Hi TVyf R. MONROE prefents his Compliments to Mr. Canning, and is much obliged to him for the Information communicated in his Note of Saturday. Mr. Monroe has heard with extreme Regret, the account it contains of a Rencounter be^ tween a Britifh Ship of War and an American Fri-* gate off the Coalt of the United States. He has no Knowledge of the Subjed except what Mr. Can-- ning's Note has fumiflied, but will not fail to com-. municate the earlieft Intelligence which he mav re- ceive of an Event fo deeply to tc lamented. Mr.. Monroe derives, in the mean 1 ime, ranch Satisfac- uon from the friendly Alluranctj of Mr. Cannings ,- '^ ;:-.... ..j^- • -■ .' that ( 3 ) . that this imrortunate Occurrence was not autho* rized by His Majefly's Government, and that full- able Reparation will be made for the Injury, if on Enquiry the Britifh Officer fhall be found the Ag- greflbr. .... .a- No. 3. COPY of a Letter from Mr. Monroe to Mr. Secretary Canning ; dated Portland Place, July 29th, 1807. Sir, A LTHOUGH I have no Inftruftion from my Government on the Subjeft, it is my Duty to requeil the Attendon of His Britannic Majefly's Go- vernment to a late Aggreffion on the Sovereignty of the United States, of a very extraordinary Nature. The Circumftances of the Tranfadion are too dif- tin and carried away forcibly feveral of the Crew* The Conduct of the. Britifli Otliv-er, which, in itfelf, forms an AS: of h i complete C 4 ) ii H ' t complete Hoftility, is rendered more reprehenfibl* from the Confideratlon that juft before this Aggrcf- fion he held a Station within the Jurifdidion of the United States, in the Waters of the Chefapeake, where, while he enjoyed the Rights of Hofpitality, he projected this Attack againft the Ship of a Neutral Power, whofe Commander, relying on the good Faith of His Majefl:y*s Government, and the friendly Relations fubfifting between Great Britain and the United States, could not have fufpecled the Defign. I might (late other Examples of great Indignity and Outrage, many of which are of recent Date, to which the United States have been expofed, off their Coaft, and even within feveral of their Harbours, from the Britifh Squadron; but it is improper to mingle them with the prefent more ferious Caufe of Complaint. 1 have called your Attention to this Subjeft, in full Confidence that His Majefty*s Ga- vernment will fee in the A61 complained of, a fla^ grant Abufe of its own Authority, and that it will not hefitate to enable me to communicate to my Go- , veiTiment, without Delay, a frank Difavowal of the Principle on which it was made, and its Affurance that the Officer who is refponfible.for it, Ihall fuffer. the Punifhment which fo unexampled an Aggreffioa on the Sovereignty of a Neutral Nation juftly de- lerves. ^ -^-)fl■i^^':y^^^i m^j v< I have the Honour to be,. •, , , _ , , ..,;.,. wiih great Confideration, S.e. , ,, ,, i (Signed) Ja?ncs Monvi^* The Right Hon. George Cauning> &c. &c. • "«• ^ J t:OPY of a Letter from Mr. Monroe to Mr. Secretary Canning, dated Portland Place, Augufl 9th, 1807. . •.Jr^ /. Sir, T HAVE the Honour to acknowledge the Receipt of your Note of Yeflcrday, and ihould not hefi- tatc to communicate t!>e In Formation which you have defired, if I poifeffed it ; but as I have not heard from my Government on the Subje£k of the unfortunate Occurrence alluded to, it is not in my Power to {late to you any I hing on the Part of my Government rcfpecting it. I have no Doubt that I fhall be inftruclai in a very few Days to make a Conimuii 'cation to His Majefty's Government on that highly interefting Event, in which 1 (hall be enabled to furnifh a full and jufl View cf all the Circujnitauces attending it. As foon as I receive Inflrudions i ihall hnllen to apprife you of it. Ai-v.'rHi i have the Honour to be, &c. S:c. ,u-i.^ ^ , , ; (Si^nied) James Monroe^ The Right I 'on. George Canning, Ll 'h; &;c. &c. 6cc. n , }-l 'i (t;. il >/> ■*■■ *^ ..-!>•- v-> h i { IC ) .; . : . No. 8. COPY of a Note from Mr. Monroe to Mr. Secretary Canning; dated Portland Place, September I ft, 1807. t?^ii?ii-H>. '^ , ■■ TV/fR. Monroe prefenrs his Compliments to Mr. Canning, and has the Honour to inform him that he has juft received Inftrudions from his Go- vernmert relative to the late Attack on the United States Frigate Chefapeake, by His Majefty's Ship Leonard, off the Coaft of the United States. Mr. Monroe requefts that Mr. Canning would have the Goodnefs to give him an early Interview on that Subjeft. . ■ . --.^ t,) < '"Mr. Monroe requefts Mr. Canning to accept the Aifurance of his high Coniideration. v ' ■I ■» .1 1 1- h No. g. n ' -;•'■.."■ COPY of a Letter from Mr. Monroe to Mr. Canning; dated Portland Place, September 7ih, 1807. "D Y the Order of my Government, it is my Duty to requeft your Attention to the A.ggreffion lately committed on the Peace and Sovereignty of <'^ the ( «» ) the United States, by His Britannic Majefty's Ship of War Leopard, in an Attack on an American Fri- gate, the Chefapeake, off the Capes of Virginia. The Objeft oi this Communication is to obtain of His Majefty*s Government a fuitable Reparation for that Outrage, and fuch an Arrangement of the great Intereft which is connedled with it, as will place the future Relations of the two Powers on a folid Foundation of Peace and Friendlhip. • , * In bringing this Subject again to the View of Hii Majefty's Government, it is unnereiTary to dwell on Circuni{h\nccs which are already fo well known to you. By the Documents which 1 have tlie Honour to iranfmit you, it is ihewn, that while the Outrage was unprovoked and unexpedted on one Side, there was nothing to extenuate it on the other, 'i'he Commander of His Majefty's Squadron on the Coaft of the United States appears to have a6ted on a Prelum ption that he pofltlfed the Power to make War, and to decide on the Caufts of War. It will be dilllcult to explain the Condud of that Officer on any other Principle, and equally fo to find an Exam- ple of an Aggreiiion marked with fuch high Indignity and Injullice to a friendly Power. .' ^ ■ ,fi „*. (-. . * \ The Pretext for this Aggreilion could not fail to heighten the Scnfe ofTnjory which the Aft itfelf was fp iignally calculated to excite. My Government ijyas taught to infer from it, that" there was no Limit >.Jr %0 ( I* ) to a Pretenfion which had already produced fo much .Mifchief, and agahifl: which fo many Remonftranccs had been prefented in its Applicaiion to Merchant- Veffels. But I find with great Satisfadion, that this Pretenfion forms no Topic forDifcufTion between us in refped to Ships of War; and I truft that the juft and enlightened Policy which produced the Dccifion in one Inflance, will furmount the Obftaclc which has hitherto embarrafled it in the other. M ii * The national Charader of the Men who were taken thus violently from on board the Chefapcake, makes no Part of the Queftion. It is inipofTible that it fhould come into View, in eftimating the In- jury which the United States have received. The Outrage involves a great and uncontefted Principle, which ought not in any Viev/ to be affected by ap- pealing to national Senfibilities on either b)ide. I have, however, the Honour to tranfmit you Docu- ments, which will, I prefume, fatisfy you that they were American Citizens. ... With refpe£l to the Reparation which my Go- vernment ought to receive for this Outrage, it will only be neceflfary to appeal to thofe Sentiments which Great Britain would be fure to indulge under like Circumftances : to that Seniibility to national IJonour which has diftinguifhed fo many Epochs of her Hiftory, It will be recollecled that the Injury, which in itfelf was great, was much aggravated by ( '3 ) the Circumftances which attended it: that the peaceful Relations of the United States were vio- lated, and their unfufpeding Confidence furpiifed* But I forbear to recite Details which it is painful to contemplate. You will, I am perfuaded, be f^tis- fied, that in every Light in which the Subject can be feen, the Honour of my Government, and of the whole Nation, has been greatly outraged by the Ag- greflion ; and that it becomes the Honour of Hi$ Majefty's Government to make a diltinguifhed Re- paration for it. i In prefenting, in this friendly Manner, the impor- tant Subjeft to the Confideration of His Mtijefly's Government, I am particularly inflruded to requeft its Attention to the great Caufe to which this and fo many other Injuries of a like Kind, may be traced, the ImprelTment of Men from the Merchant VelTels of the United States. In many efl'enrial Circum- ftances, the Objeiftions which are applicable to Im- preflfment from Ships of "War, are equally applicable- to thofe from Merchant VelTi^ls. '1 o the Indivi- duals who fufter by the Practice, the Injury h the fame in either Cafe. Their Claim on their Govern- ment for Proteftion, is in both Cafes equal : every Maxim of public Law and private Right which is. violated in the one, is equally violated in the other^ The relation of the Belligerent to the Neutral Power, extends to certain Objefts only, and is de- fmed in each by known Laws. Beyond that Limit ilie Rights of the Neutral are iacredj and cannot be enci-roachecT (tf li <1 ■> C 14 ) encroached on without Violence and Injuftice. Is there a yueftion of contraband? Is the Veflfel deftined to a blockaded Port, in violation of eflablifhed Prin- ciples, or docs Ihe contain Enemies Property, the greateft Extent to which the Maridme Law is car- ried by ar.y Nation ? In thefe Cafes {he is conducted to Port for Trial ; the Parties are heard by an impar- tial and rerponfible Tribunal, and are heard again by Appeal, if they defire it. Are any of the PaiTengers on board the Neutral Veflt;! in the Naval or Military Service of the Enemy? If l\ich are found, they are made Prifoners ; but, as Prifoners, they have Rights y?hich the oppofite Belligerent is bouid to rerpe£t. This Pra<5tice, however, looks to other Objeds than are here recited. It involves no Queftion of Belli* gerent on one Side, and of Neutral on the other. It purfues the Veffel of a Friend for an unlawful Pur-^ pofe, which it executes in a Manner equally unlaw- ful. Every Commercial Veflel of the United States that navigates the Ocean, is liable to be invaded by it, and not an Individual on board any of them is fe- cure while the Practice is maintained. It fets up every Officer of His Majefty's Navy as a Judge, from whofe Decifion there is no Appeal. It makes him a Judge, not of Property, which is held more facrcd ; nor of the Liberty of his Fellow Subjedls only, however great the Trufl:, and liable to Abufe on the Main Ocean; but of that of the Citiaens of ano- ther Power, whofe Rights as a Nation are trampled on by the Decifion; a Decifion, in rendering which, every Rule of Evidence is violated, as Itputs the Proof of ( '5 > of Innocence on the accufed, and is further highly objei^ionablc, as there is too much Reafon to believa that it has been often guided more by the Fitncfs of the Party for Service, than any other Circumflance., ThedillreflingExamplcsof thisSyftemofAggreflion» as ithas aff'^^fted Individuals, on aScaleof vaftExtent, it is unncceflary to recount here. They may be eafily imagined. VoUiminous Documents which prove them are in the PofTefTion of both Govevn- ments. . It is pofliblc that this Pradice may, in certain Cafes, and under certain Circumftances, have been extended to the Veflels of other Powers ; but with them there was an infallible Criterion to prevent Error. It would be eafy to diftinguifh between an Englifoman and a Spaniard, an Italian or a Swede ; and the clear and irrefiftible Evidence of his National Charader, and, perhaps, of his Defert'on, would eftahlifh the Britifh Claim to the Individual, and reconcile the Nation into whofe Service he had entered to his Surrender. But the very Circum- ftances which would conllitute an infallible Criterion in thofe C afes, would be fure to produce endlefs Error in the other. Who is fo Ikilful in Phyfiogno* iny as to diftinguifli between an American and ai» Englilhman, efpecially among thofe whofe Profeflion and whofe Sea Terms are the fame .? It is evident that this Pra£lire, as applied to a Foreign Nation ta \my great Extent, has grown out of the American Ri;volutioa, and that it is impoilible for the Uriitedr State* m V-t S) f 'n; ( i6 > States not to fee in it the Aflertion of a Claim which is utterly incompatible with that great Event. When the Charader of th's Claim, and the pernicious Ten- dency of the Praftice, are maturely weighed, it muft be caufe of Surprife, that fome juft and friendly Arrangement has not long fmce been iidopted to prevent the Evils incident to it. My Government is aware that His Majesty's Go- vernment has alfo an Intcrefl of Importance to attend to in this Concern ; and I am inftruded to ftate, on Its Part, that the bell "^^^'fpofition exifts to provide for ii. The United States are far from defi- jring to profit of a Refource which does not belong to them, cfpecially to the Prejudice of a friendly Power. In fecuring them againft a Pradice which is found to be fo highly injurious to their deareft Rights and mofl valuable Interefts, every fuitable Provifion will be made to give equal Security to thofe of Great Britain, On this Point I am autho- rized to enter into fuch an Engagement, as will, I am perfuaded, be adequate to the Objed. > > "i , This great Intereft of Impreflment has been bltnd- ed in all its Relations, as you will perceive, by no Aft of the United States. Its Connexion with the late difailrous Incident has been produced by an extraordinary Ad of Violence, of which they were the Vidims only. That Ad, which exhibits the Pretenfion in its wideft Range, has become identi- fied << ( «7 ) fied m the general Praftice in the Feelings and Sym- pathies of the Nation, and in the Sentiments of the Government. I truft, therefore, that His Majefty's Government will be equally difpofed to take up the whole Subjed at this Time, and in making the Reparation which the particular Injury claims, pro- vide a Remedy for the whole Evil. My Government looks to this complete Adjuftment with Confidence, as being indifpenfably neceflary to heal the deep Wound which has been inflidled on the National Honour of the United States, by fo great and unjuf- tinable an Outrage. I avail myfelf, with great Satisfaftion, of th« Opportunity which this CommunitT^tion affords, to ackno-;^ledge the prompt Affurance which you gave me of the Difpofition of His Majefty's Government to make a fui table Reparation to the Government of the United State^ , for the Indignity of which, by its Order, it h now my Duty to complain ; and for the frank Difavowal of the Pretcnfion on which it was founded. I haflened totranfmit Copies of thofe Documents to my Government, by whom, Itrufl, they are by this Time received. I have the Honour to be, &c. (Signed) Jaffies Monroe. Right Honourable George Canning, &c. &c. &c. f'l.tg Q, (No. a.) T'.f ■•.■-^'■^■■^n.ri: m ( 18 ) "1 •» ! . (No. 2.) . - The Secretary of the Navy to Commodore James Barron. Wafhington, 6th April, 1807. -, . ■ .. , , ^. Sir. TT has been reprefented to me, that William Ware, Daniel Martin, John Strachan, John Little^ and others, Deferters fiom a Britifh 8hip of War at Norfolk, have been entered by the Recruiting Officer at that Place for our Service. You will be pleafed to make full Enquiry relative to th; fe Men, (efpecially, if they are American Citizens) and inform me of the Refult. You will immediately dire£t the Recruiting Officers in no cafe to enter Deferters from Britifh Ships of War, &c. &c. &c. :i •; I' -' (Signed) Robt. Smith, :i :u. i> :■. ,.' Aiifwer of Commodore J. Barron. W^ILLIAM Ware, prefled from on board, the Brig Neptune, Captain r rafts, by the Britilh Frigate • Melampus, in the Bay of Bifcay, and has fervcd • 15 Months on board the faid Frigate. ;'i , . ' ■ ■ ,'■ He is a Native American, born at Bruce's Mills on 'Pipe 'Creek, in the County of Frederick, Mary- land, ( '9 ) land, and ferved his Time at faid Mills. He alfo lived at EUicot's Mills, near Baltimore, and drove a Waggon leveral Years between Hagerfton and Baltimore. He alfo ferved i8 Months on board the U. S. Frigate Chefapeake, under the Command of Captain Morris and Captain J. Barron. He is an Indian-looking Man. ii\ Daniel Martin was impreffed at the fame Time and Place; a Native of Weftport in Maffachuflbts, about 30 Miles to the Eaftward of Newport, Rhode Ifland ; ferved his Time cut of New York with Captain Marrowby of the Caledonia ; refers to Mr, Benjamin Davin, Merchant, and Mr. Ben'amin Corfe of Weftport. He is a ccioured Man. John Strachan, born in Queen Ann's L.junty, Maryland, between Centreville and Queen's Town ; failed in the Brigantine Martha Blund, Captain Wy- vill, from Norfolk to Dublin, and from thence to Liverpool. He there left the Brig, and fhipped on board an Fnglifli Guinttiunan ; he was impreffed on board the Melampus off Cape Fineflerre ; to better his Situation he confented to enter, being deter* mined to make his Efcape when Opportunity offipr- ed ; he ferved on board faid Frigate two Years ; re- fers to Mr. John Price, and Pratt Efq. on Kent Ifland, who know his Relations. He is a White Man, about 5 Feet 7 Inches hi^h. G a William «!'■, ^'f'} { >» ) William Ware and John Strachan have Protec- tions. Daniel Martin fays that he loft his after leaving the Frigate. John Little, alias Francis, and Ambrcfs Watts, cfcaped from the Melampus at the fame Time j are knov^m to the above Pcrfons to be Americans, but have net been entered by my Recruiting Officer. William Ware, Daniel Martin, and John Strachan, ftate, that fomc Time in February laft there was an Entertainment on board the Melam- pus, then lying in Hampton Roads. That while the Officers were engaged, and all the Ship's Boats except the Captain's Gig hoifted in, they and the two other Men mentioned availed themfelves of the Opportunity to feize the Gig and row off. That as foon as they were got into the Boat, they were hailed to know what they were going to do ; they replied they were going alhore; a brilk fire of Muf- quetry inftantly commenced from the Ship, but in Defiance of the Dinger, and at the Hazard of their Lives, they continued to row, and finally cffeded their Efcape to land at Sewell's Point. That they then carefully hauled the Boat on the Beach, rolled up the Coat, and placed that and the Oars in the Boat, &c. ^*'.^! (Signed) J, Barron, ■.,■('.-■. Com- ( " ) Commodore J. Barron to the Secretary of the Navy, on board the U.S. Fiigiite Chefapeake ; Sir, Chefapeake Bay, June 23d, 1807, •y^ESTERD \Y at Six A. M. the Wiud became favourable, and knowing your Anxiety that the Ship fliould fail wirh all poflible Difpatch, we weigli- ed from our Station in Hampton Roads and flood to Sea. In Lynnhaven Bay we pafTed Two Britifh Ships of War, one of them the Bf:llona, the other the Melampus, their Colours flying, and their Appearance fritndly. Some I ime afterwards we obferved One of the Two Line of Battle Ships that lay off Cape Henry to get under weigh and Hand to Sea. At this Time the Wind became light, and it was not until near Four in the Afternoon that the Ship under weigh came within hail, ('ape Henry then bearing N. W. by W. diftant '1 hree Leagues, The Communication which it appeared ro be her Commander's Obje6l for fpeaking the Che- fapeake — He faid he would fend on board, on which I ordered the Ship to be hove to for his Conveni- ence. On the Arrival of .tlie Officer he prefeui( d the inclofed Paper (No. i .) from the Captain of the Leopard, and a Copy of afi Order from Admiral Berkeley, which another Officer afterwards took back, to which I gave the inclofed Anfwer (No. 2.) and was waiting tor his Reply. About this Time I obferved fome Appearances of a ho(!.ile Nature, u - 1^ -' C3 and m iW m M ( " ) and faid to Captain Gordon that it was poflible they were ferious, and requeued him to have his Men fent to their Qu.-^rters with as little Noifc as poflj} ic, not tiiin^ thoft; Ceremonies which we ihoukl have done with an avuwed Eneniv, as I fully fuppofed their Arrangements were rather Menace than any Thing ferious. Cnprain Gordon immedi- ately giivc the Orders to the Officers and Men to go to Quarters, and have all Things in Readinefs ; but before a Match could be lighted, or the Quar- ter-bill of any Divifion examined, or the Lumber on the Gun-deck, fuch as Sails, Cables, Sec. &c. be cleared, the Commander of the Leopard hailed : I could not hear what he faid, and was talking to him as I fuppofed, when fhe commenced a heavy fire, which did great Execution. It is dif- treffing to me to acknowledge that I found from the Advantage they had gained over our unprepared and unfufpicious State, I was not warranted in a longer Oppofition ; nor (hould I have expofed this Ship and Crew to fo galling a fire, had it not been with a Hope of getting the Cun-deck clear fo as to have made a more formidable Defence. Confc- quently our Refi (lance was but feeble. In abeut Twenty Minutes after I ordered the Colours to be ftruck, and fent Lieutenant Smith on board the Leopard to inform herCommander that I confidcred the Chefapeake her Prize; to this Meffage I receiv- ed no Anfwer. The Leopard's Boat loon after came on board, and the Officer who came in her demanded the Mufter-book j 1 replied the Ship and Books ( *i ) Books were theirs, and if he expe£led to fee the Men, he mufli find them. They called on the Par- fer, who delivered his Book, when the Men were ex- amined, and the Three Men demanueci at W.ilh- ington, and one Man more, were taken away. On the Departure from the Ship, I wrote the Com- mander of the Leopard the inclofed, (No. 3.) to which I received the Anfwer (No. 4.). On find- ing that the Men were his only Object, and that he ret u fed to confider the Ship his Prize, and the Offi- cers and Crew his Prifoners, I called a Council of the OiF.cers, and requefted their Opinion relative to the Conduct it was now our Duty to purfue. The Refult was, that the Ship (hould return to Hamp- ton Roads, and there wait your further Orders. Inclofed you have a Lift of the unfortunate kil- led and wounded, as alfo a Statement of the Da- mage fultained in the Hull, Spars and Rigging of the Ship. I have fent this Letter to you by Captain Gor- don, in order that you may have an Op^'Jrtanity of getting fuch further Information as you may wifh. ' I am. Sir, &c. (Signed) /. Barron, ■Ca!I/ C4 (No. I.) H*<«JI )«« W 1 r u ) /»;-'■ '-l! I (No. 1.) The Commander of I^. B. Majefly's Ship Leopard to the Captain of the U. S. Ship Chefapeake; dated at Sea, June 2 2d, 1807. ♦TpHE Captain of H. B. Majefty's Ship Leopard has the Honour to inclofe the Captain of the U. S. Sh'p Chefapeake, an Order from the Honourable Vice Admiral Berkeley, Com- mander in Chief of His Majefly's Ships on the Nerth American Station, refpecting fome De- ferters from the Ships (therein mentioned) under his Command, and fuppofed to be now ferving as Parf of the Crew of the Cheafapeake. The Captjun of the Leopard will not prefume to fay any Thing in Addition to what the Commander in Ch'ef has flated, more than to exprefs a Hope that every Circumftance refpefting them may be adjuded in a Manner that the Harmony fubfifting between the Two Countries may remain uxidif* turbcd. \ i: * Nc. 2. 1 ■?i < ( 25 ) (No. 2.) Commodore James Barron to the Com- mander of His Majefly's Ship Leopard ; dated at Sea, June 22d, 1807. T KNOW of no fuch Men as you defcribe. The Of- ficers that were on the Recruiting Service for this Ship were particularly inftrufted by my Govern- ment, through me, not to enter any Deferters from H. B. Majeity's Ships, nor do I know of any being here. I am alfo inft runted never to permit the Crew of any Ship under my Command to be muf- tertd by any other than their own Officers. It is my Dilpofition to preferve Harmony, and I hope this Anfwer to your Difpatch will prove fatisfac- lory. ^ ' ^i (No. 3.) Commodore James Barron to the Commander , ■ of H. B. Majefly's Ship Leopard; dated at Sea, June 2 2d, 1807. T CONSIDER the Frigate Chefapeake your Prize, and am ready to deliver her to any Officer autho- rized to receive her. By the Return of the Boat I fhall expeft your Anfwer. .' -vri. LIST ( *6 ) II '-J ■ LIST of Dead and Wounded onboard U. S. Frigate Chefapeake, Commodore Jaiaes Barron j June SI 3d, 1807. KILLED. John Lawrence, James Arnold, John She( kley. BADLY WOUNDED, John Haden, Cotton Brown, John Parker, Geo. Percival, Peter Simmons, R. M'Donald, Fra. Courhoven, James Eppes. SLIGHTLY WOUNDED. Com* Ja' Barron, Mid" Ja' Broom, Petrr Ellifon, W. Hendricks, Tho. Short, W. Mt^ody, Dav. Creighton, Jn. Martyr, Enian.Fernandes, John Wilfon. (Signed) J.G.r.Huni, Surgeon of the U. S. Frigate Chefapeake. SURVEY on the Hull of the Chefapeake. Sir, ' "' -■ -^^ AG REE ABLY to your Requifition of this Date to us directed, we have takenaftrid: and careful Survey on the Hull of the U. S- Frigate ... ; , i; 6 ' ' Chefapeake, ( *7 ) Chefapeake, and find it as follows : — Twenty-two round Shot in the Hall, viz. Twcnty-one on the Starboard, and One on the Larboard Side, t Given under our Hands on board the late U. S. Frigate Chefapeake, June 23d, 1807. (Signed) Benj. Smithy 1 ft. Lieut. Sidney Smith i 5th Lieut. Sanu Brooke, Mafter. To Captain Charles Gordon. SURVEY on the Mafts and Standing Rig- ging of the Chefapeake. Sir, j^GREEABLY to your Requifition of this Date to us directed, we have taken a ft:rid: and care- ful Survey of the Mafts and Standing Rigging of the late U.S. Chefapeake, and find them in the follow- ing State: The Fore and Main-rnafts are incapable of being made fea-worthy ; the Mizen-maft badly wounded, but not incapable of bei«g repaired on Shore ; Three ftarboard and Two larboard Main-flirouds, Two ftarboard Fore-fhrouds, Two ftarboard Mizen- ihrouds. ■ Qn this 1 -^th Day of July (L.S.) 3 1807, before me, EhHalket, Notary Public, duly eleded and quahficd, and dwelling in the Town of New Bedford, perfonally appeared Benjamin Davis Efquire, and made fo- leam Oath t3 the Truth of the foregoing Affidavit by him fubfcribed. In Teftimony whereof I have hereunto fet my Hand and Notarial Seal, the Day ard Year firft written. (Signed) £// HaJJieU Not. Pub. I, Nancy ( 33 ) I, Nancy HoNxIand, of New Bedford, in the Couti- ty of Briftol and Commonwealth of Maflachufetts, "Widow and Relift of William Rowland, late of Weftport, in fald County, Mariner, do depofe and fay, that in the Month of Auguft, A. I). 1792, ac- cording to the belt of my RecoUedion, my faid Hu£band brought with him on a Voyage from Buen Aira, Daniel Martin, a coloured Boy, then in the Seventh Year of his Age, who was bound to him as an Apprentice v/f Servant by his Mother ; that after the Death of my faid Hufband, and at the Arrival of the faid Daniel at the Age of Fourteen Years, he bound himfelf by a Law of this Com- monwealth to me, the Deponent^ and after living with me about One Year, left me, and fmce that Time I have never feen or heard from the faid Daniel until thv? Application to take this Tefti- mony. At the Time the faid Daniel left me, he 7as about a common Stature, and I do not now re- colled any particular Marks by which he could be readily defcribed ; he was very flraight at the Time. The Indentures ^y which he was bound, by Acci- dent and Length of Time, are miflaid or loft. (, T, ' (Signed) Nancy Howland, i ,*1 U. States of America, ^ On this 1 3th Day of July Ma^ffrhXZ' Mol. \ » 807, before me Eli Halket, . „ • (L. S.) J Notary Public, duly cleded and qualified, and dwelling in the Town of New Bedford, perfonally appeared Nancy Rowland, and K D made M m I M! 1 Is i I 1 (34;) made folemn Oath to the Truth of the foregoing Statement of Affidavit by her fubfcribed, . , . •fvt J 'I ^K> \ t: ^ t ' ■*:": /!■ ■I\. t '■.>■{ v.'' fif- In Teftimony whereof I have hereunto fet my Hand, and affixed my Notarial Seal, the Day and Yeai* above ntten. '^ (Signed) Eli Hajket, Not. Pub- ''v^ V V'^^hl State of Maryland, \ William M*Nair, being dufy egany oun y, . f^y^j^ ^^ |.jjg j^^jy Evangclifts of Almighty God, depofeth and faith, it is about Twdve Years ago. when he was employed as an Overfeer by Upton Bruce, Son of Normand Bruce, who then lived with his Father on the Farm at Pipe Creek, of which he then had the Management, his Father giving it into his Hands; and that among the Lads under his Diredlion was one of a very bright Colour, like a very dark White Man, and plainly fliowed the Mixture, and as defcending from White and Black Parents ; that among the Female Slaves was one called Phillis, who acknowledged this Boy as her Child, and no Doubt could be of the Faft, and was fo univerfally known by the whole Family and Neighbcurhood. His Mother was a dark Mulatto, and his Father, as was well underftood, was Andrew Ware, who I knew well. This Boy was as much a Slaye to Mr, Bruce as .a.. .. -r any '( 35 ) RY\y other he had, and no Doubt Was Tuggefled to the contrary that ever I heard ; nor was his Origin or Birth qucftioned. That he is by giiefs Five Feet Seven Inches high, rather (lender made, his Hair rather curly, and his Age, to the bed of this Depo- nent's Knowledge, is now about Thirty Years. That he underftood he made fome Agreement with his Mafter, by which he was fufFered to go at large ; and the laft Time this Deponent recollects to have feen him was driving a Team on the Baltimore Road, between Six and Seven Years ago ; that he then paflfed by the Name of Romulus, and this De- ponent underftood he afterwards took to the Sea. - > i . , ; » 1 I.J. (Signed) TVilliam M^Nain , r. The within fworn to this 1 7th Day of July 1 807, before me one of the Juftices of the Peace for Al- legany County aforefaid. • ... (Signed) jlnd, Bruce, '■^acuiif. >.t] • V' ti ..(. State of M*rylartd, \ I hereby certify that An- Allegany County, to wit. / ^^^^ 3^^^^ ^^^ ^^^^,^ whom the Depofitions hereunto annexed appear I'o have been taken, and who has thereto fubfcribed his Name, was at the Time of taking and fign- ing the fame one of the State of Mar)^land'i Juftices of the Peace in and for Allegany County aforefaid, duly comminioned and fworn, and to all his ASs as fuch, due Faith and Credit is and ought to be given, as well in Courts of Juilice as thereout. ^m fffi yi ir0 m :'-^ m% t'fj ( 36 ) In teftimony whereof I have hereto fubfcribed my Name, and affixed the Seal of Allegany County Court, this. Eighteenth Day of July, in the Year of our Lord Eighteen hundred and feven, and Thirty-fecond Year of the Independence of the United States of America. -^ - : (Signed) John Lynn, ' - - . ClLofAll. Co.Ct. iu. , .,..i % State of Maryland, ") Sarah Lewis, being duly AUegany County, &c. | f^Q^n on the Holy Evange- Ms of Almighty God, depofeth and faith, that fhe lived many Years in Frederick County, of this State ; that fhe lived in the Neighbourhood of Nor- mand Bruce's Family, was well acquainted there, and that among his Servants fhe well recollefts hav- ing noticed a very bright Mulatto Child, approach- ing nearer to White than any Mulatto fhe ever faw. That at the Time fhe firfl noticed this Child he was about Four or Five Years old ; that his Birth or Origin fhe never heard doubted, his being the Child of PhiHis, a dark Mulatto Woman Slave to Nor- mand Bruce, who lived on Pipe Creek, by Andrew Ware, a White Man. That (he knew the faid Child from that Time until he grew up and reached near the Age of Twenty ; that during that Time he remained in the Family of the faid Bruce, as bis Slave, upon the fame Footings and treated as hi» ^ - • other ( 37 ) Other Slaves ; that when he grew up he was not a large Man, being fpare, a round or flattifh Face ; that he mufl now be about Thirty Years of Age, ot upwards ; that then he paiTed and was called by the Name of Romulus ; that his Mother had a Daughter by the fame Father, as was acknowledged and appeared from her Colour and Refemblance to her Brother. He left the Service of his Mafler by his Permiffion, or fome Agreement I fuppofc, and as I underftood afterwards went to Sea. her • -l-'-^' ' Sarah ^ Lewis y . ,.■ i ■( . -M'i , Mark. '»;i^\if ' ■ t' Sworn to this 17th Day of July 1807, before me, one of the Juftices of the Peace for Allegany County aforefaid. (Signed) jind. Bruce, m ■'\, St»te of Maryland, "I William Brucebeing fworn Allegany County, to wit. / Qj^ the Holy Evangelifts of Almighty God, depofeth and faith, that about the Age of Twelve Years he went to Frederick County, and lived with his Uncle Normand Bruce, on Pipe Creek, for fcveral Years, going occafionally to School ; that among the other Servants he well re- members a remarkably bright Mulatto Boy ; or he might pafs for a very dark iwarthy white one. This Boy I always underftood wat the Son of a Slave ♦' -/i. D J named If 111; ( 38 4 jiaped Phillis, by a white Man, called Andrew Ware ; I never heard to the contrary, nor can 1 doubt it, the Boy acknowledging this Phillis as his Mother, and (he receiving him as her Child ; and it was fo admitted and underftood by the whole Fa- mily and NeighbourhooS. I knew this Boy for feveral Years afterwards, and until he grew up. He was in Height about Five Feet Five or Six Inches, his Hair dark and fomewhat curly, and his Make thin ; he went by the Name of Romulus ; and I luiow of no particular Mark to diflinguifh him, except a Scar on one of his Thumbs, I think occa- fioned by a Bite in fomc Fight he had, and is now, I fuppofe, about Twenty-eight or Thirty Years of Age ', and further this Deponent faith not. (Signed) W* Bruce^ • ,,. (Signed) Thr,m:is Thifllc, State of Maryland, 1 I hereby certify that T. Allegany County, to wit. \ 'j^hif^le, Efq. before whoni the aforegoing Depofirion appears 10 liave been made, and who has thereto fubfcribed his Name, was at the Time of taking and figning the fame, One of the State of Maryland's Jultices of ijie Peace in and for Allegany County aforcfaidj duly commif- fion^d and fworn, and to all his Ads, as fuch, due I'aith and Credit is and ought to be given, as well ill Courts of Jultice as thereout. ui W .In Teftimony whereof I have hereto fubfcribed my Name, and affixed the Seal of Allegany County Court; Wit i}fj iifj ( 41 ) Court, this 1 8ch Day of July in the Year of our Lord 1S07, and 3 2d Year of the Independence of the U. S. of America. ' ' «l>u:> : . • : (Signed) John Lynn^ . Clk. of All. Co. Court. t.iii Perfonally appeared before me, William Thorn, ton, One of the Juflices affigned to keep the Peace in and for the Diftrift of Columbia, duly appoint- ed and commilfioned by the Prefident of the United States, Doftor John Bullus, Conful of the United States for the Iflands of Minorca, Majorca, andlvica, and Navy Agent to the U. S. Squadron in the Me- diterranean, who being folemnly fwom on the Holy Evangelifls of Almighty God, does depofe and fay, that he was on board the U. S. Frigate Chefapeake, on Monday lad, the 2 2d Day of this prefent Month (June), then lying-to. Three Leagues diftant from C.ipe Henry, or thereabouts. That about Four o'clock in the Afternoon of that Day (he was hailed from the Britifh 5o-gun Ship, Leopard, the Flag- fhip of Admiral Berkeley, by Captain H. Hum- phreys, who mformcd Comm.odore Barron that he had a Difpatch to deliver to him from Admiral Berkeley. Very foon after a Lieutenant from the Leopard came on board of the Chefapeake, and de- livered to Commodore Barron a Letter from Captain Humphreys, inclofmg an Order of Admiral Berkeley, on the Subject of Ibme Seamen faid to have deferted from on board the Britilh Frigate Me- lampus, and to be then in the Chefapeake. Com- i! 8 modorc ( 43 ) nodore' Barron, in the Prefence and Hearing of this Deponent, then ftated to the Lieutenant of the Leo- pard, that a fair and full Inquiry had been made into the Cafe of the Seamen whom he demanded, and that after a minute Invefligation into all the CIrcumftances, the Britifh Minifter, Mr. Erlkine, was perfectly faiisfied on the Subject, inafmuch as they were native American Citizens, imprefled by the Officers of the Melampus. Jommodore Bar- ron then pointed to this Deponent, and ftated fur- ther to the Lieutenant of the Leopard, that this Deponent was particularly acquainted with all the Fafts and Circumftances relative to the Tranfaftion; and that he had received his Information from the Honourable Robert Smith, Secretary of the Navy of the U. S. This Deponent then informed the Britifh Officer, that he was ready to go on board the Leopard, and to give to Captain Humphreys all the . Information he poflefled ; but the Lieutenant replied, that they did not know Mr. Erlldne in the Bufinefs. All this Converfation was had, and Explanations given, before a Gun was fired from the Leopard. (Signed) John Bullus^ Swo.n before me at the City of Waffilngton. in the Diflri^ of Columbia,^ this 27th Day of June in the Year 1807. . (Signed) JVilliam Thornton. ( til i». .'•! ' • ' . '< Perfonally came before me, William Thornton, pnc of the Juft;ices affigned to keep the Peace in and for >^..i; \h Li Ill I ■ j i 1 1 1 ! 1 il '! . H ||i ■) ( ( 44 ) for the DIfl:ri6t of Columbia, duly appointed and commiflioned by the Prefideut of the United States, Charles Gordon, Efq. Mafter Commandant in the Navy of the United States, and Captain on board of the Fi igate Chefapeake, who being duly fworn ©» the Holy Evangelills of Almighty God, does de« pofe and fay, that he was on board the United States Frigate Chefapeake on Monday lafl, the 2 2d Day of this prefent Month (Jane), when the Britifh ^c Gun Ship /lied into her Four or Five Broadfides ; that aflei the Chefapeake flri'ck her Colours, feveral Officers of the Leopard came on board of her; that this Deponent informed the fenior Britifh Officer, that the Seamen he was taking from the Chefaneaka wero nati^^e American Citizens; that one of rhem in particular he knew himfelf to be a Citizen pf the State of Maryland, from his own Neighbourhood. > The Britifh Officer replied, if they v^^ere native Ame- rican Citizens, they had received the King's Boi.'.nty. (Signed) Charles Gordon, Sworn before me, at the City of Wafliington, in the Diflrift of Columbiaj this 27th Day of June, in theYer*r 1807. (Signed) William Thornton* »» t vr> > >» 45 ^' ■ No. lo. NOTE from Mr. Monroe to Mr. Secretary Canning J dated Portland PlacCj Septem- ber oth, 1807. "]%/rR. Monroe prefents his Compliments to Mr. "^ "^ Canning, and has the Honour to inform him, that he called at his Office Yefterday for the Purpofe of making fome Remarks on the Subjed treated in his Note vhich was fent to Mr. Canning. Mr. Monroe regrets that he had not thePleafureof feeinjj Mr. Canning at that Time, and requefts that he will be fogood as to give him anlKtervicvV To-morrow, at fuch Hour as may be convenient to him. Mr. y Jiiroe will be happy to attend Jvlr. Canning in the Country, (hould it be more agreeable to Mr. Can- njhg to receive him there. ■p III 11 19 1» J ■ Tit ) I ..':-■ No. 1 1 . NOTE from Mr. Secretary Canning to V"; Mr, Monroe ; dated Wednefday, Sep- ,."»;.' ''J tember 9th, 1807. lyi R . Canning prefcnt> his Compliments to Mr. Monroe, and will be happy to have the Honour of feeing hmi at the Foreign-Office, To-morrow, at Twelve o'clock. • - •'. '>i: Mr. Canning has but this Moment received Mr. Monroe's Note. '; Uk.i • h - - * '-- ' -r AS ) >.<■ ■r> ,(,!,, ■ .T^/:.'^^i^ ^: ^ No. 12. 'r ■■/•<'< bni: ^-.> A>*vi: COPY of a Letter from Mr. Secretary Canning to Mr. Monroe ; dated Fpreigtt Office, September 22d, 1807. . [^t^ T HAVE laid before the King my Mafter, the Let- ter which I had the Honour to receive from you on the 8 th of this Month. Before I proceed to obfervc upon that Part of it which relates more immediately to the Queflioh now at Iffue between our Two Governments, I am commanded in the firfl Inftance, to exprefs the Sur- prife which is felt at the total Omiflion of a SubjcSt upon which 1 had already been commanded to apply to you for Information j — the Proclamation purport- ed to have been iflued by the Prefident of the United Stales. Of this Paper, when laft I addrelTcd you tpon it, you r ^ofeflfed not to have any Knowledge beyond what t» e ordinary Channels of public Infor- mation afforded, nor any Authority to declare it to be authentic. ; ii ■ ■ 'I.' I feel it an indifpenfable Duty to renew iry In* quiry on this Subjed. The Anfwer which I may. receive from you is by no Means unimportant to the Settlement of the Difcuflion which has arifen from, the Encounter between the Leopard and the Chefa- " peakc. ( 47 ) peake. The whole of the Queftion arifing "out of that Tranfaftion, is, in Faft, no other than a Quef- tion as to the Amount of Reparation due by His Ma- jefty for the unauthorized Aft of his Officer ; and you will therefore readily perceive, that in fo far as the Government of the United States have thought proper to take that Reparation into theii own Hands, and to refort to Meafures of Retaliation, previoufly to any direft Application to the Britifli Gorern- rnent, or to the Britifli Minifter in America, for Re- drefs, in fo far the Britifli Government is entitled to take fuch Meafures into /.ccount, and to confider them in the Eft:imate of Reparation which is ac- knowledged to have been originally due. The total Exclufion of all Ships or War belong- ing to One of Two Belligerent Parties, whil" the Ships of War of the other were protefted by the Harbour's of the Neutral Power, would fumifli no light Ground of Complaint again fl: that Neutral, if confidered in any ottier Point of View than as a Meafure of Retaliation for a previous Injury; and fo confidered, it cannot but be neceflary to take it into Account in the Adjufl:ment of the original Dif- pute. I am therefore diftinftly to repeat the Inquiry, Whether you are now enabled to declare that the Proclamation is to be confidered as the authentic Aft of your Government? And if fo, I am further to inquire w^hether you are authorized to notify the ' " Intention 1-1 m C 48 ) Intention of your Government to withdraw that Proclamation on the Knowledge of Hi» Majefty 's DiTavowalof the i\d which occafioned its Pubhca- ticn. r, f 'Hi \,'[f ij? 'uj' ri. >; The Light in which you are direfted to reprefcnt Admiral Berkeley's Condud, and the Defcription which you give of the Character of the Meafure im- puted to him — that '* he afted as if he had the Power to make War, and to decide the Caufes of War,*' fufficiently evince the Neceffity of compre- hending in this Difcuffion all the Circumftances which have led co, or have followed, the Adion with the Chefapeake. ' -> ' ' -' ■'■ ■ '^ '• ' lo- i'")! il.-''S^ Undoubtedly the Attack upon a National Ship of War is an A61 of Hoftility ; and the very Eflence of the Charge againft Admiral Berkeley, as you repre- ftnt it, is the having taken upon himfelf to commit an A61 of Hoflility without the previous Authority of his Government. The Provocation which may have led to fuch an A61 being committed without fuch previous Autho- rity, if it cannot juflify, may poflibly extenuate it ; as the Steps which hav been taken in Reprifal, though they cannot alter we Charafler of the origi- nal A£t, may, and do materially afFe6l every Quef- tion concerning the Reparation claimed fur it 7ji.!t;^.u,. j;,. j;jn?j . On this Ground it is, that while I am command* ed to repeat to you (what you confider as fb fatis* fadory), ( 49 ) fe£ioi7)) that the getieral and unqualified Pretenfion" to fcarch Ships of War for Deferters is not aifened by this Couniry, I am precluded from concurring in the Inference, that therefore " the national Cha- ra(^er of the Men who were violently taken from on board the Chefapeake makes no Part of the prefent Queftion." If the Right to fearch Ships of War for Deferters is not infiflied upon by this Country, it is not be- caufe the Employment and t.ie Detention of Britifli Mariners on board the National Ship of any State are confidered as lei. injurious towards Great Bri- tain than their Employment on board of Merchant Veffels (a Propofiticn which would be manifeflly abfurd). It is not intended to allow that the Sailors of Great Britain may be jullly employed againft their Confent in Foreign Ships of War ; hut merely that Redrefs is, in that Cafe, to be fought by Govern- ment from Government; and not to be fummarily enforced by the unauthorized Officer of any of His Majefty's Ships of War. It follows, from this Rcafoning, that not only the *' national Charader" of the Men taken out of the Chefapeake is Matter forConfideration, but that the Reparation to be made by the Bridfh Government to that of the United States would depend, among other Circumftances, on the Queftion whether an Aft, which the Britifh Government would be jufti- fied in confidering as an Aft of Hoftility, had been, - fi committed ' n i • m S:\ I'M ( so ) committed by the Government of the United State* (in refufmg to difcharore Britifh Seamen in their Na- tional Service) previoufly to the Commiffion of an ACt of Hoflility by an OHicer of His Majefly. ' The A61 of the Brltifii Officer would flill be an unauthorized Adl^ and, as fuch, liable to Complaint and Difapprobation ; but the Cafe, as betv^een Go- vernment and Government, would be materially varied. At the fame Time that I offer to you this Expla- nation of the Principles upon which His Majefty has authorized me to difcufs with you the Subjed of your Reprefentation, and that I renew to you the Allurance of the Difpofition to conduft that Difcuf- fion in the moft amicable Form, and to bring it to a ' .onclufion fatislndlory to the Honour and to the Feelirgs of both Countries. It is Matter of Regret that you {hould have been inftrucSled to annex to the Demand of Reparation for the Attack of the Leopard upon the Chefapeake, any Propofition whatever refpeding the Search for Britifli Seamen in Merchant VeiTels — a Subject which is wholly un- connefted with the Cafe of the Leopard and the Chefapeake ; and which can only tend to compli- cate and embarrafs aDifcuffion, in itfclf of fufficient Delicacy and Importance. In dating the Grounds upon which your Govern- ment exptds with Confidence that " the whole Sub- ject of Impreflment fhall be taken up at this Time," & and ( 5' ) and that in making the Reparation which is claimed for the particular Injury alleged to have been fuf- tained by the United Slates in the hitc unfortunate Tranfadion off ihe Capes of Virginia, " a Renitdy ihall be provided for the whole Evil," you appear to have been diretled to aiTnme that this At\ ( f Vio- lence rfuch as you defcribe it) is the natural and almofl neceirarv Rcfult of the Pradicc of Imortja- ment of Biitidi Seamen from the Merchant Vcliels of other Stares, and to reprcfent the particular Tranfa£lion, lind the r^eneral f^uedion of I in pre; 11- ment, as "identified in the Feelings and S) mpa- thies of your Nation, as well as in the Sentiments of your Government." With every Atiention due to the Feclintrs of the People of the Ur.Ited States, I am fure you will readily allow, that thofe Feelings cannot pro- perly be confidered as aflecling the Merits of the Cafe. The firfl: Ebullitions of national Senfibility may very naturally have communicated an Impulfe to the Proceedings of the American Government, but it cannot be expeded that they (hould guide the deliberate Opinions and ConduiSt of the Govern- ment with which you have to treat. I would fur- ther obferve to you, that your Government cannot reafonably claim any Advantage ia Argument from theexpreifed Senfe of its own People, unlefs it be prepared at the fame Time to take upon itftlf a Refponfibility, which there is hoDefire of attributing E 2 , to ( sa ) to it, for the Outrage and Indecency with which, upon the late Occafion, that Expreflion has in too many Inftances been accompanied. It is better for temperate Reafoning, and afluredly it is more ad- vantageous for the Government of the United States, that the Confideration of popular Feeling fliould be wholly omitted from this Difcuflion. 1 1 The Right and the Pradlee of which you arc in- ftru6ted to complain, as irreconcileable with Jufticc, and intolerable in ail their Parts, have been exer- cifed by Great Britain from the earlicll Ages of the BridOi Naval Power, even without any Qualifica- tion or Excepdon in Favour of national Ships of War. / V . The Grounds upon which fuch a Diflindion has been admitted in laterTimes, and upon which, for the Courfe of nearly a Century, the Crown has forborne to inftru^t the Commanders of its Ships of War to fearch Foreign Ships of War for Deferters, I have already had the Honour to explain to you ; and you will have perceived that thofe Grounds are wholly inapplicable to Ships in the Merchant Service. , That a Foreign Power will not knowingly retain in its national Service, Mariners the natural-bom Sub- jects of His Majefty, who have been recalled by public Proclamations, may be regarded as a Pie- fumption arifmg out of the hoftile Nature of the Aft, and out of the probable Confeijuences to which fuch ( S3 ) fiich ah AdlofHoflility muftlead; but with refpeO: to Merchant VelTels there is no fuch Prefumption. i^"^ When Mariners, Subjeftsof His Majefty, are em- ployed in the private Service of Foreign Individuals, under private Civil Contrails, the King's Suhje£ls, and the Foreign Individliah with whom they con« tra£t to ferve, enter into Engagements inconfilli^nt with the Duty of His Majefty's Subjcds towards Him: but tothofe Engagements the Government of the Foreign Nation has not made itfelf a Party. ,- In fuch Cafes the Species of Redrefs which the Practice of all Times has admitted and fan6i;ioned, is that of taking thofe Subje£ts at Sea out of the Ser- vice of fuch Foreign Individuals, and recalling them to the Difcharge of that previous and paramount Duty which they owe to their Sovereign and to their Country. ■ ,' ^ ' "■"""" ''''''[" That the Exercife of this Right involves fome of the dearefl Interefts of Great Britain your Govern- ment is ready to acknowledge, and has accordingly authorized you to propofe certain Regulations which you apprehend would be equivalent in their EfFe£l: for the Prefervation of the Interefts con- cerned. ^ ' There will be no Indifpofition here to entertain, at a proper Time, the Difcuilion of fuch propofed Regulations. But when you rtjcolled: that many Propofals to this EfFc£l have already been brought E 3 forward. Ml fv 1 , ( 54 ) forward, nnd h?.ve been found wholly inadmiflihle, when you have yourfeU' recently had Occafiou to experience the Difficulty of framing any fatisr;tdnry Arrangement upon theSubj.dt, wiih all the Anxiety which is properly felt by botu Governments for the fpeedy Adjultment of the Difference between them, and tor the " healing of that deep Wound which *' you ftate to have been inHivitcd on the national " Honour of the United States/' iurely it is not well advil'ed to make the Termination of that DiiTer- ence, and the Healing of that Wound, dependant wholly on the complete Succtrsofaa Attempt which has already been mada fo often^ and v/hich has hitherto uniformly failed. • '^ • ■' Your own Re;:foning f]^"ws ti.atyou are aware of the mcrL; thcin ordinary DifTictdty which mufl attf-'nd any Arrai'gement for the Prevention of Dci'cr!ion between Two Nations whof: Si'r.ilaritv of Manners and Ha'oiis, and whoCc Identity of Language in- terpofe fo many Impediments to the Difcrimination of <♦ National Chara6ter." To thefe Circumflances, and not (as you feem almoft to infinuate) to any peculiar Harflmefs tOr wards the United States, it is owing, that the Ex- erclfe of this Right,, as with refpeft to them, isnecef- farily more frequent than with refped: to any other Nation, and is felt by them to be more rigid and vexatious. But thefe Circumftances cannot furnifh an Argument for the Sufpenfion of theExercife of Right with refpeft to America, unlcfs it be con- ' " tended ( 55 ) tended that Multiplicity of Frauds and Difficalty of Detedion are Reafons againft Sufpicion, or Motives for Acquiefence. ^ . . . As little Foundation [is there for the Complaint, ihnt the Practice is grown out of the Recognition of American Independence, and that the Charadcr of that Event is affected by its Continuance. It IS needlefs to repeat that thcfe Rights exifted, in their fullefl: Force, for Ages previous to the Eila- blilhment of the United States of America as an in- dependent Government ; and it would be difficult to contend that the Recognition of that Independ- ence can have operated any Change in this Refpcd, unlefs it can be fliown that in acknowledging the Go- vernment of the United States, Great Britain virtu- ally abdicated her own Rights as a Naval Power; or unlefs there were any exprefs Stipulations by which the ancient and prefcriptlve Ufages of Great Bri- tain, founded in t!;e founded Principles of natural Law, though ftill enforced againfl: other independ- ent Nations of the World, were to be lu^pendcd whenever they might come in conta£l with the In- terefl or the Feelings of the American People. I would now recall your Attention to the Con- fideration of the Queftion rcfpetliiig the late T; mf- adlion between the Leopard and the Chet'apeake, which till the Receipt of your Letter, I imagined to be the only Queftion actually in Difcuffion between US J and in Confideration of the Delicacy and E 4 preffing 1 n ( 5^ ) prefTmg Importance of which we had, by common Confent, receiv«d the Confideration of all other Matters ponding between our Two Governments* 'KM ;• Into the DifcuiTion of this Qu eft ion I am pre- pared to enter ; with what Difpofition, on the Part of His Majefty*s Government, to confult the Feelings and the Honour of the Government of the United States, it is not neceflary for me here to declare, for you have yourfelf done Juftice to the Sincerity of that Difpofition. The Difficulties in the Way of fuch an Adjuft- ment are already fmoothed by the Difavowal, volun- tarily offered, at the very Outfet of the Difculfion, of the general and unqualified Preteniion to fearch Ships of War for Defcrters. There remained only to afcertain the Fafts of the particular Cafe, and to proportion the Reparation to the Wrong, >, • Is the Britifli Government now t» underftand^ that you, Sir, are not authorized to enter into this Quefdon feparately and diftindly, without having pbtained, as a preliminary Conceffion, the Confent of this Country to enter into Difcuflion with refpeQ: to the Pradice of fearching Merchant Veffels for Deferters? f V Whether any Arrangement can be devifed by which this Praftice may admit of Modification, with- out Prejudice to the elTential Rights and Interefts of ^reat Britain, is a Queilion v/hich, as I have already : ^>:-':'i'-- faid|i ( 57 ) laid, the Britifh Government may, at a proper Se?u fon, be ready to entertain ; but whether the Confent of Great Britain to the entering into fuch Difcuflion, fhall be extorted as the Price of an amicable Adjufl- ment, as the Condition of being admitted to make honourable Reparation for an Injury, is a Queftion of quite a different Sort, and one which can be anfwcred no otherwife than by an unqualified Re» fufal. • - * ' ■ I earneftly recommend to you therefore to con* fider, whether the Inllrudtions which you have re- ceived from your Government may not l^ave yon at Liberty to come to an Adjuitmentof the Cafe of the Leopard and the Chefapeake, independently of the other Queftion with which it appears to have been unncceffarilv connected. If your Inllrudions leave you noDifcretion, I can- yiot prefs you to a£l in Contradidion to them. In that Cafe there can be no Advantage in purfuingaDifcuf- fion which you are not authorized to conclude; and I (hall have only to regret that theDifpofition of His Majefty to terminate that Difference amicably and fatisfaftorily is for the prefent rendered una- vailing. ' . '. In that Cafe His Majefty, in purfuance of the Difpofition of which he has given fuch fignal Proofs, will lofe no Time in fending a Minifter to America, furniftied with the neceil'arv Initrutlions and Powers for bringing this unfortunate Dilpute to a Conclu- fion. !;| Mi ( 5S ) V: fion, confident Vv'Ith the Harmony fubfiftlng between Great Britain and the United States. But, in order to avoid the Inconvenience which h xs arifen from the mixed Nature of your Inftrudlons, that Mini;! ei \\\\l noi be empowered to entertain, as conne6led with this Subject, any Propofition refpcQing the Search cf Merchant Veflels. It will, however, be far more fatisfudcry to His Majefty lo learn that up.)n Re-confic'eration, you think ycurfeli authorized to fepararc the Two guefdons. I hope you will allow me to exprcfs, at the fame Time, the fin cere Pleafure which I fhould feel in having to treat with you. Sir, perfonally, for the Re* eftablifhment of a good Underflanding between our fwo Countries. I have the Honour to be, &c. (Signed) To James Monroe, Efq. George Canning, No. 13. .,. COPY of a Letter from Mr. Monroe to Mr. - Secretary Canning ; dated Portland Place, September 29th, 1807. Sir, T HAVE had the Honour to receive your Letter of the 2i'.d of this Month, and fliall tranfmit it with- out Delay to my Government, I perceive ( 59 ) I perceive by it, with great Regret, that His Bri- tannic Majefty's Government is not difpofed to enter into an Arrangement at this Time, of all the Dif- ferences that have arlfen betv^een our Governments refpecting the Impreflment of Seamen from American Velfels by Britiin Cruizers; that i«- is vvilling to look to One Subjed only, the late Aggreflion, and pro- vide for ir, while the other is left to depend ©n fu- ture Adjuflment. My Government had prefuraed, that His Majefly's Government would have feen in the recent and greater Injury a Itrong Motive for bringing the whole SubjecJ-t into One View, and pro- viding for it at the fame Time. The Excefs of the latter Outrage could not fail to revive in the Mind of the fuffering Tarty, a high Senfe of former In- juries ; and it was reafonable to infer, that the great Injuftice infcpai able from the Practice of which that Incident furniihed fo ftnking an Example, would have produced between our Governments the moft prompt and friendly Co-operation in the Means of fupprefTiug it. That the United States have luffered .1 greater Injury by a recent Occurrence than they had done before, ca'inot be a good Reafon, and ought not to be a Motive, for deh^yiiig Redrefs of the others:, efpeciall w^hen it is confidered that they were alrendv in a Train of amicable Accommoda- tion and Arrangement. Since, however, you in- form me, that His Majefly'G Government is unwil- ling to take up the Subjeft in a combined View, it is unnec^ffary for me to prefs it. You afk, Whether I am authorized to feparate this latter Incident from the general Pradice, and to treat it i: ( 6o ) it as a diflin£l topic ? On this Point I have to ftate, that my Inftruftions, which are explicit, enjoin mc to confider the Whole of this Clafs of Injuries as an entire Subjeft ; and, indeed, fo intimately are they connected in their Nature, that it feems to be diffi- cult, if not impoffible, to feparate them for any iifeful Purpofe to either Party. My Government, being fmcerely delirous to place the Relations of the Two Powers on the folid Bafis of permanent Friend- ihip, is fatisficd, as well by what has occurred in the general Practice, as by the more awful Admonition derived from the late Incident, that that can only be done with EfFe£t by mounting to the Source of the Evil, and providing an adequate Remedy for it. In purfuing this great Objcdl, it is my Duty to repeat that my Government does not feek to confine the Remedy propofed to the Injuries which the United States have fuffered, and continue to fuffer, but is defirous to extend it to thofe alfo which are com- plained of by Great Britain. Experience |hat (hewn, that both Parties complain of Injuries, though certainly of a very different Character, and lefs ur- gent Nature. How much more advifable is it not then, in every View, for them to enter into an Ar- rangement which {hall provide an adequate Remedy for their refpedive Injuries, which fliall bind the Honour of each Government to do what is jufl: and right with refpeft to the other, and enlift the Feel- ings of each Nation on its Side, than to fuffer Things to remain longer in their prefcnt State? How much more advantageous would not fuch an Ar- rangement ( 6i ) i-angcment be lik-ely to prove to Great Britain, ia the particular Objed which flie has in View, than her Adherence to a Pradicc which rejeds a Mean which could not fail to be moie productive; a Prac- tice which cannot be maintained in Principle, which leads by immutable Caufes that ought to infpire different Seiitimenis in the Parties to each other, to great and conftant Abufe, and which is alfo confi- dered by the United States as , fubverlive of their Rights, and degrading to their Charader as an in- dependent Power. . , So much I have thought it proper to ftate, in order to place in a juft Light the Condud of my Government on the prefent Occafion. on this great and very intereding Subject of Impreffment. Well knowing its Defire to cultivate the mod friendly Relations with Great Britain on jud and honour- able Conditions, it would be highly improper that any Doubt fhould be fuffered to exifl on that Point. < You inform me, that His Majefty has determined, in cafe my Inftructions do not permit me to feparate the late AggrefTion from the general Praftice of Impreffment, to transfer the Bufinefs to the United States, by committing it to a Minilter who Ihall be fent there with full Powers to conclude it. To that Meafure I am far from being difpofed to raife any Obftacle, and Ihall immediately apprize my Govern- ment of the Decifion to adopt it. Under fuch Cu*- cumllances :i ip-'-i ( 62 ) cumftances I perfectly agree with you in the Opi- nion thdt it would be ufelefs to purlue a Diicuflion which it would b prevenr. There certainly exited no Defire of gi'/ing a Picference ir; Favour of the Ships of War of One BeliigerenL Party to thofe of ano- ther. Before this Agcreflion, it is well known that His Erii/annic Majcfty*s Ships lay within the Waters of the Chcfapeak, and enjoyed all the Advantages of the mofl favoured Nation ; and it cannot be doubted, that my Government will be ready to re- ftore them to the fame Situation as foon as it can be done confidently with the Honour and Rights of the United States. - . I cannot conclude this Comxunicatlon without expreffing my earneil Hope that the Differences which have unhappily arifen between our Govern- ments may foon be fettled on Conditions honourable and fatisfadlory to both the Parties. To have co- operated with you in the Accomplifiiment of [o great and ufeful a Work would have been highly gratifying to me. The DIfpofition which you brou|;hl to tjic Dlfcudiori, and the Sentiments which !M. ■fM ( 64 ) you communicated on the principal Tranfaftioft, when the firll Intelligence of it was received, in- ijpired me with great Confidence that we fhould foon have been able to bring it to futh a Conclufion. To have been a Party to it would have terminated my Miffion to His Majefty in the Mode which I have long and fincerely defired. I have the honour to be, &c. (Signed) James Monroe* The Right Hon. George Canning, &c. &c. &c. No. 14. C OPY of a Note from Mr. Monroe to Mr. Secretary Canning, dated Portland Place, Odober 9th, 1807. ly/TR. Monroe prefents his Compliments to Mr, Canning, and requefts that he will be fo good as to inform him whether it is intended that the Mi- nifter whom His Britannic Majefty propofes to fend to the Government of the United States fhall be employed in a fpecial I.Iiffion, without having any Connexion, immediate or eventual, with the ordi- nary Legation. Mr. Monroe has inferred from Mr. Canning's Note that the Miffion will be of the fpecial Nature above defcribed, but he will be much obliged to Mr. Canning to inform him whether he has ( 65 ) has taken a correct View of the Meafure. Mr. Mon- roe would alfo be happy to know at what Time it was expected the Minifter would fail for the United States. Mr. Canninf^ will be fenfible that Mr. Mon- roe's Motive in requeftiug this Information is, that he may be able to communicate it to his Govern- ment, the Propriety of which he is perfuaded Mr. Canning will readily admit. ^^: ,^ei iH I 41 No. 15. COPY of a Note from Mr. Secretary Can- ning to Mr. Monroe, dated Foreign Office, Odtober loth, 1807. (Private.) \/rR. Canning prefents his Compliments to Mr. Monroe, and iti acknowledging the Honour of his Note of Yefterday, has great Pleafure in af- furing him, that he is at all Times ready to anfwer any Inquiries to which Mr. Monroe attaches any Importance, and which it is in Mr. Canning's Power to anfwer with Precifion, and without public Incon- venience. But it is not in Mr. Canning's Power to ftate with Confidence what may be the eventual De- termination of His Majefty, in refpeft to the perma- nent Miflion in America. The Miffion of the Mi- nifter whom His Majefty is now about to fend, will certainly be limited in the jirji Injlance to the Dif- cuffion of the C^eftion of the Chefapeake. i'W No. M ir ( 66 ) No. 1 6. COPY of a Letter from Mr. Secretary Canning to Mr. Monroe, dated Foreign Office, 22d October 1807. Sir, T JAVING feen in the American Newfpapers an official Article, (of which I have the Honour to inclofe a Copy) prohibiting all Intercourfe between the Inhabitants of the United States and His Ma- jefty's Ships of War univerfally^ I have the Honour to requeft that you will have the Goodnefs to in- form me, whether this Prohibition will extend to a Ship of War in which a Miniller, accredited from His Majefty, and charged with a Miffion to the American Government, fhall arrive in any of the Ports of the United States ? Or whether you, or Mr. Pinkney, can undertake to furniih Mr. Rofe with fuch Documents as (hall enfure his Admiffion ii^to the American Ports, and a Reception therein fuitable to the Character with which he is invefted? I have the Honour to be, with great Confidera- , Sir, &c. (Signed) George Canning* ( 6; ) (tfe No. 17. COPY of a Letter from Mr. Monroe to Mr. Secretary Canning, dated Portland Place, Oftober 23d, 180/. Sir, T HAVE the Honour to Rate, in reply to your Letter of Yefterday, that the Cafe to which you alluded is fpecially provided for by the Pro- clamation of the Prefident. You will obfcrve on a View of that Document that an Exception is made, from the Prohibition it contains on other Veffels, in favour of fuch Ships of His Majefty as may enter the Ports of the United States with Dif- patches from His Majefty *s Government. Had the cafe of a public Minifter employed ni a fpecial Miffion to niy Government not been comprifed in that Exception, as it clearly is, I have no Hefita- tion in ftating that he would be received without Delay at any Port at which he might arrive, i have the Honour to add, that Mr. Pinkney and myfelf will be happy to give to His Majeily's Minifters every Facility in our Power to fecure him the Re- ception at the Port of his Deflination which is due to his public Charader, and promote his fpeedy Arrival at the Seat of the Government of the United States. I have the Honour to be, &c. (Signed) James Monroe* F 2 i ■*! ( 68 ) Sir, No. 1 8. COP 7 of a Letter from Mr. Secretary Canning to Mr. Monroe, dated Foreign Office, 0 ■ ' ' (Signed) George Ccmnhig. Sir, No. 19. ■ COPY of a Letter from Mr. Rofe to Mr. Madifon. Wafiiington, January a6>. i8o8. - ,^' ..>... "LJAVING had the Honour to ftate to you, that I am exprefsly precluded by my Inftrudions from entering upon any Negociation for the Adjuft- ment ( 69 ) ment of the Difference arifing from the Encounter of His Majelly's Ship Leopard and the Fiigate of the United States the Chcfupeake, as lon^ as the Prochimations of the Prefident of the United St:ites of the 2d of July 1807, (hall be in Force, I beg Leave to offer you i'uch furtlter Explanation of the Nature of that Condition as appears to nic calcuhited to place the Motives under which it has been en- joined to me thus to bring it forward in iheir true Light. In whatever Spirit that Inflrument vvasiiTued, it is fufficiently obvious that it has been produAive of confiderable Prejudice to His Majefty's Interefls, as confided to his Military and other Servants in the United States, to the Honour of his Flags, and to the Privileges of His Minifters accredited to the Ame- rican Government. From the Operation of this Proclamation have unavoidably refulted Efleds of Retaliation and felf-alTumed Redrefs, which might be held to afFedl materially the Queflion of the Re- paration due to the United S ates, efpecially in as much as its Execution has been perfevered in after the Knowledge of his Majefly's early, unequivocal, and unfolicited Difavowal of the unauthorized Aft of Admiral Berkeley. His Difciaimer of thePreten- fion exhibited by that Officer to fearch the National Ships of a Friendb' Power for Defertcrs, and the Aflfurances of prompt and effectual Reparation, all communicated without Lofs of Time to the Minifter of the United States in London, fo as not to leave a Doubt as to His Majefty's jufl and amicable Inten- F 3 tions. rtm f -1 i. "1 ( 70 ) tions. But His Majefty, making every Allowance for the Irritation which was excited, and the Mifap- prehenfions which exifted, has authorized me to proceed in the Negociation upon the fole Difconti- nuance of Meafures of fo inimical a Tendency. You are aware, Sir, that any Delay which may have arifen in the Adjuftment of the prel'ent Differ- ences is not imputable to any Intention of Procrafti- nation on the Part of His Majefty 's Government ; on the contrary, its Anxiety to terminate, as cxpe- ditioully as pofllble, the Difcuflions of a Matter fo interefting to both Nations, have been evinced by the Cjmmunication made by Mr. Secretary Canning to Mr. Monroe, before that Minifter of the United States was even informed of the Encounter ; and now, by the Promptitude with which it has difpatch- ed a Special MiiTion to this Country for that exprefs Purpofe. I can have no Difficulty in ftating anew to you, with Refped to the Provifions of my Inftrudions, calculated as they are to enfure an honourable Ad- juftment of the important Point in Queftion, and to remove the Impreflions which the late Caufe of. Dif- ference may have excited in the Minds of this Na- tion, that I am authorized to exprefs my Convidion, that they are fuch as will enable me to terminate the Negociation amicably and fatisfactory. Having learnt from you, Sir, that it is folely as a Meafure of Precaution the Provifions of the Proclamation are now ( yi ) now enforced, I mufl pcrfuadc myfcif that a due Confidcration of His Majefty's conduct in this Tranf- adion, will remove, as well any Mifapprehcniions which may have been entertained refpecting His Majefty's Difpofition towards the United States, as the Grounds upon which that Enforcement refts, and the more fo, as it has long been a Matter of No- toriety, that the Orders ifTued to the Officers of His Majefty's Navy, in His Proclamation of the i6th Odlober 1 807, afford an ample Security that no At- tempt can be made to affert aPretenfion which His Majefty from the firft difavowed. I may add, that if His Majefty has not commanded me to enter into the Difcuffion of the other Caufes of Complaint, ftated to arife from the Condudl of His Naval Com- manders in thefe Seas, prior to the Encounter of the Leopard and the Chefapeake, it was becaufe it has been deemed improper to mingle them (whatever may be their Merits) with the prefent Matter, fo much more interefting and important in its Nature, an Opinion originally and diftin6lly exprelTed by Mr. Monroe, and aflented to by Mr. Secretary Can- ning. But if, upon this more recent and more weighty Matter of Difcuffion, upon which the Pro- clamation mainly and materially refts, His Majefty's amicable Intentions are unequivocally evinced, it is fufficiently clear that no hoftile Difpofition can be fuppofed to exift on His Part, nor can any Views be attributed to His Government, fuch as requiring to be counteraded by Meafures of Precaution, could be deduced from Tranfadlions which preceded that Encounter. F4 In m I'l.'i] •l') /- ) In offering thefe Elucidations I fhould obferve, that the View in which I have brought forward the Preliminary which I have fpecificd, is neither as to Demand, Conceffion, or Redrefs, as for a Wrong committed, into fuch, the Claims to aDifcontinuance of hoftile Provifions cannot be conftrued, but it is fimply to require a Liberation from, and a Ceffation of Enactments injurious in their Effeds, and which, if perfiftci in, cfpecially after thefe Explanations, mud evince a Spirit of Hoftility, under which His Majefb/ could not authorize the Profecution of the prefent Negociation, either confidently with His own Honour, or with any well-founded Expectation of the Renewal or Duration of that good Underfland- ing between the Two Countries, which it is equally the Interefl: of both to fofler and to ameliorate. I have the honour to be, &c> CH.Rofe, No. 20. LETTER from Mr. Madifoi: to G. H. Rofe, Efq. dated Department, of Sta<:e, ill March 1808, Sir, T HxiVE had the Honour to receive and lay before the Prefident your Letter of the 26th January, in y/hich you date, that you a^c •* w^xprefsly preclude^ ^ by ( 73 ) f by your Inltruftions from entering upon any Ne- gociation for the Adjuftment of the DitFerences arifing from the Encounter of His Britannic Ma- jeiiy's Ship Leopard, and the Frigate of the " United States the Chelapeakc, ..s long as the Pro- *' clamation of thcPrefident of the 2d July 1807 " ihall be in Force-** iC (( <( This Demand, Sir, might juftly fuggeft the fim- ple Anfwer, that before the Proclamation of the Pre- fident could become a Subject of Confideration, Sa- tisfadion fhould be made for the acknowledged A^^- greffion which preceded it; this is evidently agree- able to the Order of Fime, to the Order of Reafon, and, it may bo added, to the Order of Uiage as main- tained by Great Britain, whenever in analogous Cafes (he h; s been the complaining Party. But as you have fu,:)joined to thi' preliminary Demand cer* tain Explanations, with a View doubtlefs to obviate fu an Anfwei^ it w'll beft accord with the Candour of the Prefident, to meet them with fuch a Review of the whole Subject, as will,prefent the folid Grounds ion which he regards fuch a Demand as inadmif- fible. m' If* I begin with the Occurrences from which the Pro- clamation of 2d July refulted. Thcfe are in general Terms, referred to by the Inflrument itfeli; a more particular Notice of the mofl important of them, will here be in Place. Paffinc 5M I If ( 74 ) Pafling over then the habitual, but minor Irregu^ larities of His Britannic Majefty's Ships of War, in making the Hofpitalitics of our Ports fubfervient tb the Annoyance of our Trade, both outward and in- ward, a Praftice not only contrary to the Principles of public Law, butexprefsly contrary to Britifh Or- dinances enforced during Maritime Wars, to which (he bore a neutral Relation ; I am conflrained, un» welcome as the Talk is, to call your Attention to the following more prominent Inftances. in the Summer of the Year 1804, the Britiih Fri- gate the Cambiian, with other Cruizers in Company, entered the Harbour of New York. The Com- mander, Captain Bradley, in Violation of the Port Laws, relating both to Health and Revenue, caufed a Merchant Veffel juft arrived and confefTedly within the Limits, and under the Authority of the LTnited States, to be boarded by Perfons under his Com- mand; who, after refifting the Officers of the Port, in the legal Exercife of their Fundions, actually im- preiTed and carried off a Number of Seamen and Paf- fengers into the Service of the Ships of War. On an Appeal to his voluntary Refpeft for the Laws, he firft failed to give up the Offenders to Juftice, and imally repelled the Officer charged with ihe regular Procefs for the Purpofe. This Procedure was not only a flagrant Infult to the Sovereignty of the Nation, but an Infraction of Jts Neutrality alfo, which did not permit a Bellige- rent ( 7S ) rent Ship thus to augment its Force within the Neu- tral Territory, To finilh the Scene, this Command* ^r went fo far as to declare, in an Official Letter to the Minifter Plenipotentiary of his Britannic Majefty, and by him communicated to this Government, that he coufidered his Ship, whilft lying in the Harbour of New York, as having Dominion within the Dif» tance of her Buoys. All thefe Circumftances were duly made known to the Britifh Government, in juft Expectation of honourable Reparation ; none has ever been offer- ed, (yap tain Bradley was advanced from his Frigate to the Command of a Ship of the Line. At a fubfequent Period^ feveral Britifh Frigates, under the Command of Captain Whitby of the Le- ander, purfuing the Praftice of vexing the Inward and Outward Trade of our Ports, and hovering for that Purpofe about the Entrance of that of New- York, clofed a Series of Irregularities, with an Attempt to arrell: a Coafting Veffel, on board of which an American Citizen was killed by a Cannon Ball, which entered the Veffel whilft flie was within lefs than a Mile from the Shore. The Blood of a Citizen thus murdered in a Trade from one to another Part of his own Coun- try, and within the Sauftuary of its Territorial Ju- jrifdiction, could not fail to aroufc the Senfibiliiy of the Public, and to make a folemn Appeal to the Juftice of the British Government. The Cafe was prefetited moreover to that Government by this, in II mu ( 76 ) in the Accent which it required ; and with due Con- fidence that the Offender would receive the exem- plary Puniiliment which he deferved ; that there might be no Failure of legal Proof of a VaQ. fuffici- cntly notorious of itfelf, unexceptionable Witneffes to eftablifh it, were fent to Great Britain at the Ex- pence of the United States. Captain Whitby was, notwithflanding, honoura- bly acquitted i no Animadverfion took Place on any other Officer belonging to the Squadron ; nor has any Apology orExplanation beenmadefince theTrial was over, as a conciliatory Offering to the Difap- pointment of this Country at fuch a Refult. A Cafe of another Character occurred in the Month of September 1 806. The Impetueux, a French Ship of 74 Guns, when a-ground within a few Hundred Yards of the Shore of North Caroli- na, and therefore vifibly within the 'lerritorial Jurif- diftion and hofpitable Proteftion of the United States, was fired upon, boarded, and burnt from the Britifh Ships of War under the Command of Captain Douglas. Having completed this Outrage on the Sovereignty and Neutrality of the United States, tht Britifh Commander felt no Scruple in proceeding thence into the Waters near Norfolk ; nor,in themidfl of theHofpitaliticsenjoyedbyhim»to add to what had pafTed, a Refuf« tc difcharge from his Ships imprefled Citizens of the United States, not denied to be fuch, on the Ptea that the Govern- ment ment of the United Stares had refufed to I'ur- render to the Demand of Admiral Berkeley, certain Seamen alledged to be Britifti Deferters ; a Demand which, it is well underftood, your Government dif-r claims any Right to make. It would be very fuperfluous to dwell on the Fea- tures which mark this aggravated Infult; but I mud be permitted to remind you, that in fo ferious a Light was a fimilar Violation of Neutral Territory, by the De(tru6tion of certain French Ships on the Coafl: of Portugal, byaBritifti Squadron under the Cemmand of Admiral Bofcawen, regarded by the Court of Great Britain, that a Minif- ter Extraordinary was difpatched for the ex- prefs Purpofe of expiating the Aggreflion on the Sovereignty of a Friendly Power. Laftly prefents itfclf ihe Attack by the Britifh Ship of War Leopard, on the American Frigate Chefapeake ; a Cafe too familiar in all its Circum- ftances to need a Recital of any Part of them. It is fuf- . ficient to remark, that the conclufive Evidence which this Event added to that which had preceded, of the unconiroukd Exceffes of the Britifti Naval Com- mander, in iniiilting our Sovereignty and abufmg our Hc^pitality, detenninec the Prcfident to extend to all Britilh armed Ships, the Precaution hereto- fore applied to a few by Name, of interdict- ing: to them the Ufe fmd Privileges of our Harbours and Waters. This I ■m r I'l ^1 B P k 1 f 1 i: : n 5'^ 1^ W- ^ 1 1 ( 7S ) This was done by his Proclamation of the 2d July 1807, referring to the Series of Occurrences ending with the Aggreflion on the Frigate Chefa- peake, as the Confiderations requiring it : and if the Apprehenfion from the licentious Spirit of the Britifli Naval Coaimanders, thus developed, and uncontrouled, which led to this Meafure of Precau- tion, could need other Juftification than was afford- ed by what had pafled, it would be amply found in the fubfequent Conduft of the Ships under the Command of the fame Captain Douglas. This Officer, neither admoniflied by Reflections on the Crifis produced by the Attack on the Che(a- peake, nor controuled by Refped for the Law of Nations, or the Laws of the Land, did not ceafe, within our Waters, to bring too by firing at Veffels purfuing their regular Courfe of Trade : and in the fame Spirit which had difplayed itfelf in the recent Outrage committed on the American Frigate, he not only indulged himfelf in hoftilf Threats, and in In- dications of an hoftile Approach to Norfolk, but ac- titally obfl:ru6ted Citizens in the ordinary Commu- nication between that and neighbouring Places. His Proceedings conftituted, in Fad, a Blockade of the Port ; and as real an Invafion of the Country, ac- cording to the Extent of his Farce, as if Troops had been debarked, and the Town befieged on the Lan4 Side. Was it poffible for the Chief Magiflrate of the Nation, who fcit for its Rights and its Honour, to do ( 79. ) do lefs than iivrerpofe fome Meafure of Precaution, at lead, againfl: the Repetition of Enormities which had been fo long uncontrouled by the Government whofe Officers had committed them, and which had at lad taken the exorbitant Shape of Hoftility and of Infult feen in the Attack on the Frigate Chefa- peake ? Candour will pronounce that lefs could not be done J and it will as readily admit that the Pro- clamation comprifmg that Meafure, could not have breathed a more temperate Spirit, nor fpoken in a more becoming Tone. How far it has received from thofe whofe Intrufions it prohibited, the Re- fpeft due to the National Authority, or been made the Occafion of new Indignities, needs no Explana- tion. The Prefident, having interpofed this precaution- ary Interdict, Ic It no Time in inftiudling the Minif- ter Plenipotentiary of the United States, to reprefent to the Britifh Government the fignal Aggreflion which had been committed on their Sovereignty and their Flag ; and to require the Satisfa^ion due for it, indulging the Expe^ation that His Britannic Majefty would at once to be the trueil Magnanimity as well as the ftridled Juf- tice, to offer that prompt and full Expiation of an acknowledged Wrong, which would re-eftablifh and improve, both in Fad and in Feeling, the State of Things which it had violated. This Expedation was confidered as not only ho- nourable to the Sentiments of His Majeity, but was fupported ( .8o ) fupported by known Example, in which, being the complaining Party he had required and obtained, as preliniinary to any Counter-complaints whatever, a precife Replacement of Things, in every pn»fticable Circumftance, in their pre-exi(ting Situation. Thus, in the Year 1764, Bermudians and other Britifli Subjefts, who had, according to annual Cuf- tom, taken Pofleflion of Turks Ifland, for the Seafon of making Salt, having been forcibly removed with their Veflels ^nd EfFeds by a French Detachment from the Ifiand of St. Domingo, to which Turks Ifland was alledged to be an Appurtenance ; the Britifh Anibaflador at Paris, in purfuance of In- flrudions from his Government, demanded, as a Satisfadion for the Violence committed, that the Proceedings fhould be difavowed, the Intention of acquiring Turks Ifland difclaimed ; Orders given for the immediate Abandonment of it on the Part of the French ; every Thing refliored to the Con- dition in which it was at the Time of the Aggref- fion ; and Reparation made of the Damages which any Britifli Subjedl fliould be found to have fufl:ain- ed, according to an Efl:imation to be fettled between the Governors of St. Domingo and Jamaica. A Compliance with the Whole of this Demand was the Rcfult. Again, in the Year 1789, certain Englifti Mer- chants having opened a Trade at Nootka Sound on the North-weft Coaft of America, and attempted a Settlement ( «I ) u Settlement at that Place ; the Spaniards, who had long claimed that Part of the World as their exclu- five Property, difpatched a Frigate from Mexico, which captured Two Engliih VelTels engaged in the Trade, and broke up the Settlement on the Coaft. The Spanifh Government was the Firfl: to complain, in this Cafe, of the Intrufions committed by the Bri- tifh Merchants ; the Britifh Government however, demanded that the Veflels taken by the Spanifli Fri- gate fhould be reftored, and adequate Satisfaftion granted previous to any other Difcujfion, This Demand prevailed ; the Spanifli Government agreeing to make full Relloration of the captured Veifels, and to indemnify the Parties interefted in "them for the LoiTes fuftained. They reftored alfo the Buildings and Tn\6ls of Land, of which the 'Britifli Subjects had been difpoflclTcd. The Britifh, however, foon gave a Proof of the little Value they fet on the PofTeflion, by a voluntary Dereliction, under which it has fmce remained. The Cafe which will be noted lad, though of a Date prior to the Cafe of Nootka Sound, is that of Faulkland's Iflands. Thefe Illands lie about loa Leagues Eaftward of the Straights of Magellan': The Title to them had been a Subjed of Contro- verfy among fcveral of the Maritime Nations of Europe. From the Pofition of the lilands and other Circumftances, the Pretenfions of Spain bore an advantageous Comparison with thofe of her Com- petitors. In the Year 1770, the Britifh took Pollef- G iioa i !^ 1; •'St. ♦m' ( 8» ) fion of Port Egmont in one of the Iflands; the Spaniards being in Poflbllion of another Part at the Time, and protefling againll: a Settlement by the Britifh. The Protelt being without EfFed, Ships and Troops were lent from Buenos Ayres by the Governor of that Place, which forcibly difpoffefled and drove oft' the Britifh Settlers. The Britifti Government, looking entirely to the Difpofftflion by Force, demanded as a fpecifick Con- dition of preferving Harmony between the Two Courts, not only the Ditavowal of the Spanifti Pro- ceedin;Ts, but that the Afl'aiis of that Settlement fhould be immediately rellored to the precife State in which they were, previous to the ntt of Difpof- fefllon. The SpaniHi Government made fome Difficulties, requiring particularly a Difavowal on the Part of Great Britain, of the Conduit of her Officer at Falkland's Iflands, which it was alledged gave Occafion to the Steps taken by the Spanifh Governor, and propofmg an Adjuflment by mutual Stipulations in the ordinary Form, ,; The Reply was, that the Moderation of His Bri- tannick Majefty having limited His Demand to the fmal left Reparation he could accept for the Injury done, nothing was left for DifcufTion but the Mode of carrying the Difdvowai and Reilitution into Exe- cution ; Reparation lojvig its Value if it be conditional^ and to be obtained by any Stipulation whatever from the Party injured. . The { 83 ) The Span Ifli Government: yielded; the violent Proceedings of its OHicers were disavowed ; the Fort, the Port, and ev ryThing cilc v.ere a;.;rc{rd to be immediately reftored to the pretife 6i*:iation which had been diftiirbi^d; and '''')i';l'cate'^<.f Or- ders, iflueJ lor the Purpofe, to the Spanifli OfR.:ers, were delivered into the Hands of One of the Bntifli Principal Secretaries of State. » Here again It is to be remarked, that Satistadion "having been made for thefdrcihleDi^vitreili'Mi, the lilands loft their Importance in the Eyes ^ if the i3ri- tilh Government, vcre in a Ihort Time linJly eva- cuated, and Pen •'gmont remains, with every other Part of them, in tixc Handb of Spain. Could ftrongrr Pledges have been given thnn vm» here found, that an honourable and infi-^i/.v; 'f ri)-4ni- tion would be made, in a Cafe ditibriri'; uo < vherwif.'. from thofe recired, than u it i'^-niihi;d r.^ uit ixm^i Monarrh of a g.ei." Na'i;>n an Opportm V i- .^;,oy«?., that .iGii-ring alwaybto the fa. me immu^yble Princi- ple, he wds as ready lu do Right to o^^ers as to re- quire It lor hiir.felf. Returning to the InftrutStions given to the Mi.u^ iter Pienipntti.-riary of tiiC Unii -i States at Tndv..., I am to ohierve, that ihe Preiidci uicu£.bt il \vit and expeuient to infert as a rxcehciy Ii.j;;redicut in. the Adjuftment of the Outrage conmiitted on the American Frigate, a Secumy againft the future ^2 Practice :^\ t IMAGE EVALUATION TEST TARGET (MT-S) 1.0 I.I 1.25 lii|2£ ■^ Ui2 12.2 Its lU 11° 112.0 1.4 I 1.6 6' Va a % ^^..V > '^' (? / v: /A Photographic Sdences Corporation 23 WfST MAIN STREET WEBST'cK, N.Y. 14580 (716) 872-4503 m \ ^\ LV 6^ '^^ ^ ^ 4^ i/.A ( 84 ) Pradice of Britlfh Naval Commanders, in impreff- ing from Merchant Ships of the United States on the High Seas, fuch of their Crews as they might undertake to denominate Britifh Subjefts. To this Aflbciation of the Two Subjedls, the Pre- fident was determined, firft, by his regarding both as rcfting on kindred Principles, the Immunity of private Ships, with the known Exceptions made by the Laws of Nations, being as well eflablifhed as that of public Ships; and there being no Pretext for in- cluding in thefe Exceptions, the Impreflment (if it could be freed from its enormous and notorious Abufes^ of the Subjtds of a Belligerent, by the Offi- cers of that Bellip^erent. The Rights of a Bellige- rent againfl: the Ships of a Neutral Nation, accrue merely from the Relation of the Neutral to the other Belligerent, as in conveying to him Contraband of War, or in fupplying a blockaded Port. The Claim of a Belligerent to fearch for and feize on board Neutral Veflels on the High Seas, Perfons under his Allegiance, does not therefore reft on any Belligerent Right under the Law of Nations, but on a Prerogative derived frm Municipal Law ; and involves the extravagant Suppofition that one Na- tion has a Right to execute, at all Times and in all Cafes, its municipal Laws and Regulations on board the Ships of another Nation not being within its ter- ritorial Limits. The ( 85 ) The Prefident was led to the fame Determination j Secondly, by his Defire of converting a particular Incident into an Occafion for removing another and more extenfive Source of Danger to the Harmony of the Two Countries. And, Thirdly, by his Per- fuafion, that the Liberality of ihe Propofitions au- thorized with this View, would not fail to induce the ready Concurrence of His Britannic Majefly ; and that the more extenfive Source of Irritation and Perplexity being removed, a fatisfadory Adjuflment of the particular Incident would be the lefs difficult. The Prefident flill thinks that fuch would have been the Tendency of the Mode, for which he had pro- vided ; and he cannot therefore but regret, that the Door was (hut againft the Experiment by the pe- remptory Refufal of Mr. Canning to admit it intp Difcuflion, even in the mofl: informal Manner, as was fuggefted by Mr. Monroe. The Prefident felt the greater Regret as the Step he had taken towards a more enlarged and lasting Accommodation, became thus a Bar to the Adjufl- ment of the particular and recent Aggreilion which had been committed againft the United States. He found, however, an Alleviation in the fignified Pur- pofe of His Britannic Majefty, to charge with this Adjuftment a Special Million to the United States, which, reftrifted as it was, feemed to indicate a Difpofition frpm which a liberal and conciliatory Arrangement of one great Objed, at leaft, might be confidently effeded. ;^ 03 lo '^ lii '.1-- Mi ■'•.■i« , 1"; ill m III ( 86 ) In this Confidence, your Arrival was awaited witfi every friendly Solicitude, and our firfl: Interview having opened the Way, by an Acquicfcence in the Separation of the two Cafes infifled on by His Britan- nic Majefty, notwithftanding the ftrong Grounds on which they had been united by the Prefident, it was not doubted, that a Tender of the Satisfaftion claimed by the United States for a diflinguiflied and an acknowledged Infult by one of His Officers, would immediately follow. It was not therefore without a very pninful Surprize,^ that the Error of this Expectation was difcovered. Inftead of the Satisfadlion due from the original AgpjreflTor, it was announced that the firfl Step to- wards the Adjuftment mufl proceed from the Party injured ; and your Letter now before me formally repeats, that as long as the Pi oclamation of the Prefident, which iiTued on the 2d July 1807, fhall be in force, it will be an infuperable Obftacle to a Negociation even on the Subje£l of the Aggreflion which preceded it j in other Words, that the Pro- clamation mufl be put out of force, before an Ad- juflment of the Aggreflion can be taken into Difcuf- fion. .. , . >, . i ' >*■ I ■ .. '■ ■ * In explaining the Grounds of this extraordinary Demand, it is alledged to be fupported by the Con- fiderations, that the Proceeding and Pretenfion of j the offending Officer has been difavowcd ; that general A.ffurances were given of a Difpofition and Intention ( 8; ) Intention in His Britannic Majefty to make Satis- fadlion ; that a Special Minifter was difpatched with Promptitude, for the Purpofe of carrying into EfFefl this Difpofition, and that you have a perfonal Con- viftion that the particular Terms, which you are not at Liberty previoufly to difclofe, will be deemed by the United States fatisfadlory. With refpe£l to the Difavowal, it would be unjufl: not to regard it, as a Proof of Candour and Amity towards the United States, and is fome Prefage of the voluntary Reparation which it implieth to be due. But the Difavowal can be the lefs confounded with the Reparation itfelf; fince it was fufficiently re- quired by the Refpeft which Great Britain owed to her own Honour, it being iHipofTible that an en- lightened GGV<^rn.iient, had Hoftility been medi- tated, would have commenced it in fuch a Manner, ' and in the midft of exifting Profeflions of Peace and Friendiliip. She owed it alfo to Confiftency with the Difavowal on a former Occafion, in which the fame Pretenfion had been enforced by a Britifli Squadron againlt the Sloop of War Baltimore be- longing to the United State?, and finally to the In- terefl which Great Britain has, more than any other Nation, in difclaiming a Principle which would ex-» pofe her fuperior Number of Ships of War to fo many Indignities from inferior Navies. . . ' ' As little can the general Aflurances that Repa- ration would be made, claim a Return which could 04 properly f. f" '^"m ( S8 ) properly follow the aQual Reparation only. They cannot amount to more than a Difpofition, or at moft a Promife, to do what the xiggreflbr may deem a Fulfilment of his Obligation. They do not prove even a Difpofition to do what may be fatisfac- tory to the injured Party, who cannot have lefs than an equal Right to decide on the Sufficiency of the Redrefs. In difpatching a fpecial Minifter for the Purpofc bfadjulling the Difference, the United States ought cheerfully to acknowledge all the Proof it affords on the Part of His Britannic Majefty, of his pacific Views towards the United States, and of his Refpcft for their Friendfhip. But whilft they could not, under any Circumftances, allow to the Meafure more than a certain Participation in an honourable Reparation, it is to be recolleded that the avowed and primary Objed of the Miffion, was to fubflitute, for the more extended Adjuilment propofed by the United States at London, a Separation of the Sub- jects, as preferred by His Britannic Majefty, and you well know. Sir, how fully this Objed was iiccomplifhed. ' . With refpect to the perfonal Conviftion which you have expreffed, that the Terms, which you decline to difclofe would be fatisfa^lory to the United States, it is incumbent on me to obferve, that with the higheft refped fo^ your Judgment, and the moft pcrfed Confidence in your Sincerity, aa ( 89 ) an infuperable Objedion manlfeftly lies to the Ac- ceptance of a perfonal and unexplained Opinion, in place of a Difclofure which would enable this Go- vernment to excrcife its own Judgment, in a Cafe affefting fo elfentially its Honour and its Rights, Such a Courfe of Proceeding would be without Ex- ample, and there can be no Hazard in faying, that one will never be afforded by a Government which refpefls itfelf as much as yours juftly does, and therefore can never be reafonably expeded from one, which refpeds itfelf as much as this has a Right to do, • ., ' "■ - -' . ' I forbear, Sir, to enlarge on the intrinfic Incon- gruity of the Expedient propofed ; but I mull be allowed to remark, as an additional Admonition of the fingular and mortifying Perplexity in which a Compliance might involve the Prefident, that there are in the Letter of Mr. Canning, communicating to Mr. Monroe the fpecial Million to the United States, pregnant Indications that other C^eftions and Conditions may have been contemplated, which would be found utterly irreconcileable with the Sentiments of this Nation. If neither any nor all thefe Confiderations can fuftain the preliminary Demand made in your Com- munication, it remains to be feen whether fuch a Demand refts, with greater Advantage, on the more precife Ground on which you finally feem tg place it» , , ' The m ■ i m ( 9^ ) The Proclamation is confidered as a hoftile Mca- fure, and a Difcontinuance of it, as due to the Dif- continuance of the Aggreffion which led to it. It has been fufficiently fliewn that the Proclamation, as appears en the Face of it, was produced by a Train -cf Occurrences terminating in the Attack on the . American Frigate, and not by this laft alone. , To a Demand, therefore, that the Proclamation be revoked, it would be p^rfediy fair to oppofe a De- mand that Redrefs be firft given for the numerous Irregularities which preceded the Aggreflion on the American Frigate, as well as for this particular Ag- . greilion, and that eft'eftual Controul be interpofed • againft Repetitions of them. And as no fuch Re- drefs has been given for the paft, notwithftanding the Lapfe of Time which has taken place, nor any fuch Security for the future, notvvithftanding the undiminiflied Reafonablenefs of it ; it follows, that a Continuance of the Proclamation would be con- 1 fiflent with an entire Difcontinuance of one only of the Occurrences from which it procet;ded. " But it is not ncceffary to avail the Arguments of this View of the Cafe, although of itfelf entirely conclufive. Had the Proclamation been founded on the fmgle Aggrefiion committed on the Chefa- peake, and were it admitted that the Difcontinu- ance of that Aggreflion merely, gave a Claim to the Difcontinuance of the Proclamation, the Claim would be defeated by the inconteftable Fa<3:, that that Aggreflion has not been difcontinucd. ( 9^ ) It has never ceafed to exifl:, and Is in Exigence at this Moment. Need I remind you, Sir, that the Seizure and Afportution of the Seamen belonging to the Crew of the Chefapeake entered into the very LfTence of that Aggreflion ; that with an Ex- ception of the Vidim to a Trial, forbidden by the mofl foiemn Confiderations, and greatly aggravat- ing the Guilt of its Author, the Seamen in Queflion are dill retained, and confVqiicutly that the Ag- greflion, if in no other Refpe6l, is by thatAd alone ftill continued in force. If the Views which have been taken of the Sub- ject, have the Juftnefs which they claim, they will have fhcwn, that on no Ground whatever can an Annulment of the Proclamation of 2d July be rea- fonably required, as a Preliminary ro the Negocia- tion with which you are charged. On the contrary, it clearly refults from a Recurrence to the Caufes and Obje6l of the Proclamation, that, as was at firft intimated, the flrongeft Sandlions of Great Britain herfelf would fupport the Demand, that previous to a Difcuflion of tlie Proclamation due Satisfafl;ion fhould be made to the United States : that this Sa- tisfaction ought to extend to all the Wrongs which preceded and produced th;it Act, and that even li- miting the Merits of the (^leflion to the fmgle Re- jation of the Proclamation to the Wrong commit- ted in the Attack on the American Frigate, aid de- ciding the Queftion on the Principle that a Difcon- tinuance of the latter required of Right a Difconti- nuancc of the former, nothing appeal's that does UQt • 'ha ' t '» •rii m ( 9* ) not leave fuch a Prtliminary deftltute of every Foundation which could be aflumed for it. NT' With a Right to draw this Conclufion, the Pre- lident might have inftrufted me to clofe this Com- munication with the Reply flated in the beginning of it ; and perhaps in taking this Courfe, he would only have confulted a Senfibility to which moft Go- Ternments would, in fuch a Cafe, have yielded., But adhering to the Moderation by which he has been invariabb' guided, and anxious to refcue the Two Nations from the Circumftances under which, an abortive Iflue to your Miflion neceflarily places them, he has authorized me, in the Event of your difclofing the Terms of Reparation, which you be- lieve will be fatisfadory, and on its appearing that they are fo, to confider this Evidence of the Juftice of His Britannic Majefly as a Pledge for an effec- tual Interpofition with refpeft to all the Abufes, againft a Recurrence of winch the Proclamation- was meant to provide ; and to proceed to concert with you a Revocation of that Ac^, bearing the fame Date with the Ad of Reparation to which the United States are entitled. I am not unaware. Sir, that according to the View which you appear to have taken of your In- ftru6ions, fuch a Courfe of Proceeding has not been contemplated by them. It is pofTible, never- thelefs, that a Reexamination of the Spirit, in which I am well perfuaded it will be made, may difcover them r 93 ) them to ^e not inflexible to a Propofition, in fo high a Degree liberal and conciliatory. In every Event, the Prefident, in authorifing it, will hav^ manifeftcd his Willingnefs to meet your Govern- ment, on a Ground of Accommodation, which fpares to his Feelings, however mifapplied he may deem them, every Conceflion, not eflentially due to thofe which muft be equally refpefled ; and confequently will have demonftrated, that the very ineligible Poflure given to fo important a Subject, in the Relations of the two Countries, by the un- fuccefsful Termination of your Miflion, can btr re- ferred to no other Source than the rigorous Rc- /Iridions under which it was to be executed. m ■'Hi •*M I make no Apology, Sir, for the long Interval between the Date of your Letter and that under which I write. It is rendered unneceflary by your Knowledge of the Circumftances to which the De- lay is to be afcribed. With high Confideraiion, &c. (Signed) James Madifon, ■' .'f 0, H. Rofe Efquire, &c. &c. &c. ,-fv » i: M ( 94 J No. 21. LETTER from Mr. Rofe to Mr. MadIfon> dated Wafliington, 17th March 1808* Sir, TiEING deeply imprefled with the Senfc of His Majcfly'r. Anxiety, thai full Effect fliould be given to thofe Views of Juftice and Moderation, by which His Conduct has been regukitcd through the "Whole of the uDfortunate 'i'ranladion whence the fu'efcnt Differences have aril'en ; and of the Dif ip- poiniment of which he would learn the Fiuilration of H:r jult and <^quitable Furpufes ; I have felt it incumbent upon nie, on the Receipt of the Letter which you did mc the Honour to addrcfs to me on the 5th Inrtant, to apply anew to this Matter the mod ample and ferious Conlideration. It is with the mod painful Senfations of Regret that I find myfelf, on the Rtfulr, under the Neceflity of de- clining to enter into the Terms of the Negociation, which, by Direction of the Prefident of the United States, you therein offer : I do not feel myfelf com- petent in the prefent Inftance to depart from thofe Inftrudtions whi h I flated in n\y Letter of the 26th of January lafl, and which preclude me from ac- ceding to the Condition thus propofed. I fliould add, that I am abfolutely prohibited from entering upon Matters unconnected with the fpecific Objed 1 am authorized to difcufs^ much lefs can I thus give ( 95 ) give any Pledge concf.rnin'.^ them. The Condition fuggelled, moreover, leads to the dired Inference, that the Proclamation of the Prefulent of the United States of the 2.I ui Tuly 1H07, is maintained either as an Eqiilvalcnt k^v Reparation foi* the Time being, or as a Coinpiiliion to make it. m It is with the more profound Regret, that I feel myfelf under the Necelliry of declaring, that I am unuble tr) adl upon the Terms thus propofed, as it becomes my Duiy to inform you, in Conformity to my Inllrudions, tliat on the Rejedion of the De- mand dated in my former Letter on the Part of f lis Majefty, my Miflion is terminated. And, as His Majefty's Government, in providing me with thofe Inftrudions, did not conceive, that afttr the Decla* ration of his Sentimijuts refpeding the Affairs of the Chefapeake was made known to this Government, the State of my Tranfactions pending or unter- minated between the Two Nations could juftify the Perfevcrance in the Enforcement of the Prefident's Proclamation, I can exercife no Difcretion on this Point, , As on a former Occafion I detailed, though mi- nutely, the Motives for that Demand on the Part of His Majefty, which 1 with fo much Ccmcern learn to be deemed inadmi liable by the Govern- ment of the United States ; I fhould here ab« ftain from an Expolition of them, which vifibly can ,Jiave no further Effed upon the Negociatlon, if I did m 96 ) did not deem it eflential that they fhoiild not be Mt under any Mifapprehenfion which I might be able to remove. I fliall therefore take a fliort Review df the Tranfadlion which has given Rife to thefe Dif- cuilions, in order the more correctly to determine the Soundnefs of the Principle on which that De- mand is made. Certain Defcrters from His Majefty's Navy, many of them His natural-born Subjects, having entered into the Service of the United States, were repeat- edly and fruitlefsly demanded by the Britifh Officers of the Recruiting Officers of the United States, but were retained in their new .Service. .As it was a Matter of Notoriety, that feveral of thefe Deferters were on board the Frigate of the United States the Chefapeake, they were demanded of that Frigate on the High Seas by His Majefty*s Ship Leopard, and all Knowledge of their Prefence on hoard being f^enied, flie was attacked, and Four of them, One avowedly a native Englifhman, were taken out of her. Without being deterred by the Confideratioh of how far Circumflancts hoilile in their Nature had provoked, though they undoubtedly by no Means juftified, this Adt of the Britifli Officer; His Ma- jefty's Government direded, that a pofirive Difa- vowal of the Right of Search afi'erted in this Cafe, and of the Ad of the Britifh Officer as being unau- thorized, and a Proniife of Reparation, i'^.uld K Chefapcakc, that His Majefty's Naval Com^ ji 3 manners £:ii !t ( 102 ) lii I rnanders In thefe Waters had afcertahed that they were fafe from the FfFervefcence of that popular Fury, and under which the moft glaring Outrages were committed, and by which they were very na- turally led to the Suppofition that they were Objects of particular Hoftility, and that a State of War againft them, requiring Preca^ations on their Part, had commenced, no Conduct has been imputed to them which could vindicate the Neceflity of main> taining in force the Prefident's Proclamation. Since that Time, fuch of thofe Officers as have been ne- c^flitated by the Circumftances of the War to re- main in thefe Waters, have held no Communication with the Shore, except in an In (lance too trifling to dwell upon, and inftanly dilavowed by the Com- manding Officer ; and they have acquiefced qflietly in various Privations, highly prejudicial to the Ser^ vice they were upon, and in confequence of an In- terdid, which had they been regardlefs of their Du- ties towards a State in Amity with their Sovereign, and had they not carefully repreffed the Ffeelings, its t one and Language had a direct Tendency to provoke in them, would have rather excited than have averted the Evils it was dated to be intended to prevent ; were they regardful of thefe Duties it was unneceflTary :•;— had th^y felt thcmfelves obliged completely to evacuate tiie Waters of the United States, efpecially whilfl: an Enemy's Squadron was harboured in them, they could have done it ; but ynder the Admiffion of hoftile Compullion, and Vnder fuch Compulfion parried into iiill Efle6t, Hi»- Majefty { 103 ) Majefty could not have diffembled the Extent of the Injury received. ' ^ n, In the federal Cafes adduced, m which Great Britain required certain Preliminaries, previoufly to entering into Negociation, (he regulated lier Conduct by the fame Principles to which fhe now adheres, and refufed whilft no Hoftility was exhibited on her Part, to treat with Powers whofe Proceedings de- noted it towards her ; aiid who maintained their Right in what they had aflumed. From the Coniiderations thus offered, I truft that neither the order of Reafon or that of Ufage are in Contradi£tion to the Demand I have urged, nor am I aware how the order of Time oppofes the Revoca- tion, in the firft Inftancc, of that Aft, which afFedts injurioufly one of the Parties, and is ftill avowed by by the other. ' - ... * The Subje£t Is thus prefented to yoti, Sir, in the Light which it was natural that it Hiould offer itfelf to His Majefty 's Government. It certainly con* ceived the Prefident's Proclamation to reft chiefly, and moft materially, upon the Attack made upon the Frigate of the United States, the Chefapeake, by His Majefty's Ship the Leopard, although other Topics were adduced as Acceflaries. In this Ap- prehenfion it may be held to have been fufficientiy warranted, by the precife Time at which, and the Circumftances under which it was ijQfaed, and by its whole Context, and the more fo, as the Impulfe . >;. n 4 under Uf Wi>, ( »04 ) il under which it was drawn up, appears to have been fo fudden as to have precluded a ae Examination of all the Grounds of Allegation contained in it. And here I beg Leave to afl'ure you, that with re- fpefl to the Spirit and Tone of that Inftrument, it would be highly fatisfadory to me, if I could feel myfclf juftified in exprefling, on the Part of Hi Majcfly, any Degree of Coincidence with the Opinions you have anouncedj or when thus ap- pealed to, and making every Allowance for the Irritation of the Moment, I could diflemble the extreme Si rprize experienced by Great Britain, that the Government of a friendly Nation, even before an amicable Demand of Reparation was made, and yet meaning to make that Demand, ihould have iffued an Edid diredcing Meaiures of In- jury very difproportionate to what it knew was aa unauthorized Offence, and both in its Terms and its Purport fo injurious to the Government to which that Demand was to be addreifed, and tending to call forth, in both Nations, the Feelings under which a friendly Adjuftment would be the mofl difficult. But if, as I learn from you, Sir, the Proclamation refls fubftantially on other Caufes, it is then pecu- liarly to be regretted, that together with theDemand for Redrefs made in September laft, the Govern- ment of the United States did not think fit to offer a Negociation, or an Explanation of fo momentous a Meafure,or to declare that itsRecallmuft be more or lefs connected with the Adjullment of other alledged Wrongs. Neither did it think it ncc^lfary to return iV any ( *o5 ) at\y Anfwei* to the Remonftrance given in by His Majcfty's Envoy at Wafhington on the i -^th July 1807, in which he reprefented* " that heconfiJered ** that Interdiction to be fo unfriendly in its Objedl:, "and lb injurious in its Coni'equences to His Ma- jcfty's Interefts, tliat he could not refrain from expreffing the mofl fincere Regret that it ever ** fhould have been ifl\iwd, and moft eameflly depre- *' eating its being enforced. " ' ' ' ' ' ' (C i( tt :'->'-^:\ It could not be fuppofed that a Circumrtance of fo great Weight could be overlooked by His Ma- . jefty's Government, in determining the Line of Con- du£t to be held in the Negociation : and as little could it be expeded to pafs it over, when on the. Failure of the Difcuflion with Mr. Monroe, it dired cd a Special Miflion to be fent to the United States. It had the lefs Reafon to iinaoine that any other Grievances could be conneded wiih that for the , Adjuftment of which I am empowered to negociate, as Mr. Monroe, in his Letter to Mr. Canning of the 29th July laft, had ftated with refpedl to other Sub- jeds of Remonftrance, that it was improper to min- gle them with the prefent more ferious Caufe of Complaint, an Opinion to which Mr. Camiing de- clared his perfeft Afient in his Letter to that Mi- nifter of the 2d of the fubfequent Month, ft) that this A£t was left as fmgle and diftinO:, to be fingly. and diftinftly confidered. His Majefly's Govern, mcnt, therefore, could not confiftently with any View of the Subjed then before it, or indeed with the jurt . ^- Objeci I I ti^ ( io6 ) Objed of ray Million, direct or empower mc to en- ter upon Matters not conneded with that of the Chcfapeake j and they could with the lels Propriety do it, as in order to render the Adjuflinent of Dif- ferenpcs of fuch a Nature the more eafy and the more confpicuous, the Minifters charged efpeciall/ with fuch Offices have been, with few if any Excep- tions, reftriftcd to the precife Affair to be nego-. ciated. With refpeft, therefore, to thofe other Caufes of Complaint upon which you inform me that the Prefident's Proclamation refts, I cannot be furniflied with Documents enabling me either to admit or tq^ controvert thofe Statements of Grievance, foreign to the Attack upon that Ship, contained in your Lctr ter, or authorized to difcufs the Matters themfelves. I fhall therefore not allow myfelf to offer fuch Coni-^ ments as my pcrfonal Knowledge of fome of thofe Tranfadions fuggcft to me, although their Tendency would materially affecl both the marked Maimer in which thofe Tranfadions are pourtrayed, and the difadvantageous Lights in which His Majefty*s Go^ ' vernment is reprefented to have aQ:ed refpeding them. I am moreover led to the Perfuafion that my Government will be the more eafily able to ref-j^ cue itfelf from Inculpation, by the Inference arifing' from PafTages in Mr. Monroe's Letter to Mr. Secre- tary Canning of the 29th of September laft, that the Differences unhappily exifting between the two Nations were in a Train of Adjuftment, ' : ' ' Jf His Majefty has not permitted me to enter into- th^ Dirci^flion of the Search of Neutral Merchant; C i«>7 )■ Ships for Britiih Seamen, together with the Adjuft- ment of the Amount of Reparation for the Attack upon the Chefapeake; it was no wife with the View ' of precluding the furtlier Agitation of that Queftion at a fuitable i ime ; but it was that the Negoclation might be relieved from the Embarraflmcnt arifing from the Connedion of theprefent Matter with the One fo foreign to it ; and, as it was but too well known, fo difficult to be adjufted, of a Right dif- tin£tly difclaimed, with one which Great Britain has at all Times aflferted of enforcing her Claim to the Services of her NaturaKborn Subjects, when fduhd on board Merchant Veffels of other Nations ; a Claim which fhe founds on the Principle of Univer- fal Law, which gives to the State the Right of re- quiring the Aid and Affillancc of her native Citi- zens. . . . . m "Fill ml The Recurrence, therefore, to that Courfe of Htc gociation which had been originally fettled between Mr. Secretary Canning and Mr. Monroe, and which hixd been alone broken in upon by the Orders fub- fequenily received by that Minifter, can only be confidered as a Refumption of thatCourfe of Things which Great Britain ftrenuoufly contended there was no Ground to depart from, I may obferve, that this Purpofc might have been effedled without the Intervention of a fpecial Minift^. Tt will be in your Recollediion, Sir, that in our ftrfl: Interview I ftated the Conditions which m^ikea -r.i the ( "^3 ) the Subje<5l of the prcfent Letter, before I was in- fbrmcil by you, that the Prefident of the United States would confent to the Separation of the two Subjects. t had truftcd that the Expofition which I added in my Letter of the 2tvth of January to the ycrbal Explanation I had before offcircd, of the Grounds of His Majefly's Demand, was both in its Purport and in the Terms in which it was couched, fuch as to prevent a Sufpicion that they were in their Inten- tion derogatory to the Honour, or calculated to wound the juft Senfibility of this Nation. . I may add, that fuch a Suppoiition could not be reconciled with the various oflenfible and unequivocal Demon- flrations of His Majefl:y*s good Faith and Anxiety, that this Tranfaftion (hould be brought to an ami- cable Termination, wliich were exhibited even prior fo any Remonllrances on the Part or by Order of this Government* '\ he other Topics which I felt myfelf authorized to advance in that Letter, in Illuftration of that amicable Difpofition on the Part of the King, were brought forward from the Con- viftion I entertained that they muft be of a Nature to be fatisfadory to this Government, and therefore fuch as it was particularly my Duty to enforce ; but not with a View to reft upon them the Right to ad- vance the Claim which I have ilated. vUi^'^':y^'!H i ''■' '■(•■ 'lOT BETWEE17 Mr. Secretary CANNING and Mr. PINKNEY, 11 r From September 23 to November 28^ iSoS* ■m, tM '. «:'J*. J i..^\ " ill •e Vt, J LIST OF PAPERS. No. I . /^OPY of a Letter from Mr. Secretary Canning to Mr. Pinkney, dated September 23d, 1808. No. 2. Copy of a Letter from Mr. Pinlcney to Mr Secre- tary Canning, dated Oftober 10th, 1808. No. 3. Copy of a Letter from Mr. Secretary Canning to Mr. Pinkney, dated November 22d^ 1808. No. 4, Copy of a Letter from Mr. Pinkney to Mr. Secre- tary Canning, dated November 28tk» 1808. il i 1 ' if •/. ■1 ■ i ■ ..■ , ! ,. : [ ii 4 C »i5 ) ail PAPERS. No. I. II' Copt of a Letter from Mr. Secretary Canning to Mr. Pinkney ; dated Sep- tember 23d, 1808. Sir, Foreign Office, September 23d, 1808. TN laying before the King your Letter of the 23d Auguft, and in commmiicating to you the ac- companying Anfwer,* which I have received His Majefty*s Commands to return to it, I confefs that I feel fome little Embarraflment from the repeated References which your Letter contains, to what has pafledbetwcen us in Converfation : AnEmbarraflment arifingin no Degree (as you are perfeftly aware) from any feeling of Diftrufl in you perfonally, b':it from a Recollection of the Mifreprefentation which took place in Americaof former Conferences between us. You gave me, on that Occafion, the moft fa- tisfatlory Proof that fuch Mifreprefentation did not I * This Anfwer was laid before tiie Houfe, and ordered to be printed, on the ift of February 1809. 1 2 riginate I ,1 r 'i ( "6 ) originate with you, by communicating to me that Part of your Difpatch in which the Conferences par- ticularly referred to were related, and related cor- redly ; but this very Circumftanee, while it efta- blifhes your perfonal Claim to entire Confidence, proves at the fame Time, that a faithful Report of a Conference on your Part, is not a Security againft its Mifreprefentation. It was for that Reafon principally, that, after hearing with the mod refpcclful Attention all that you had to ftate to me verbally on the Subject of the prefent Overture, I felt myfelf under the Necef- fity of requiring, as *' indifpenfable," a written Communication upon the Subjed. . ■■■■■, It is for that Reafon alfo, that as in your written Communication, you refer me to our late Converfa- tions for tl»e " Bearings and Details" of your Pro- pofal, I feel it neceflary to recapitulate, as (hortly as I can, what I conceive to have palFed in thofe Converfations beyond what I find recorded in your Letter. The principal Points in which the Suggeftions brought forward by you, in perfonal Conference, appear to me to have differed in fome Degree from the Propofal now flated by you in Writing are,— • the firfl, that in Converfation, the Propofal itfelf was not diflin^tly ilated as an Overture authorized ( >>7 ) by your Government ; — thefecond, that the benefi- cial Confequences likely to refiilt to this Country. froni the Acceptance of that Propofal, were " pur- fued" through more ample " Illuftrations/' In the firft of our Conferences, I underftood you to fay little more, on the Authority of your Govern- ment, than that you were inflructed to remonftrate againft the Orders in Council of the 7th January and of the 1 ith of November 1807, but to add, as from yourfelf, an Exprefllon of your own Convic- tion, that if thofe Orders were repealed, the Prefix deni of the United States would fufpend the Em- bargo with refped to Great Britain, Upon the Confequences of fuch a Sufpenfion of the Embargo, while it would Itill continue to be enforced againft France, you expatiated largely, (till fpeaking how- ever, as I underftood, your own individual Senti- ments. 1!;:: iiiin.;y m It was fuggefted by you, that America, in that Cafe, would probably arm her Merchant Ships againft the Aggrefuons of Fr.mce, an Expedient to which, you obfervcd, it would be perfectly idle to refort againft Great Britain. The Collefion of armed Velfels would probably produce War. and the United States would thus be broueht into the very Situation in which we muft wiih to place them, that of HoftiHty to France, and virtual, if not for- mal Alliance, with Great Britain. In I 1 MS .1:1 ill ( U8 ) In our fecond Conference, you repeated and en^ forced thefe Arguments, as calculated to induce th^ Britidi Government to confent to the Repeal of the Orders in Council, and in this Conference, though not dating yourfelf to be authorized by your Go- vernment formally to offer the Sufpenfion of the Embargo as an immediate Confequence of that Re- peal, yet you did profeFs, as I underllood you, a Readinefs to take upon yourfelf to make that Offer, provided that I faould give you before hand an unofficial AfTurance, that, coupled with that Offer fo made, the Demand of the Repeal of the Orders in Coi:ncil of January a!id Noveuiber 1S07, would be favourably received. I of courfe declined to giveany fuch previous Alfu- rance ; but as you appeared to attach great Impor- tance to this SuggefHon, and as I was led to think that a Compliance with it might relieve you from a Difficulty in c' ecuting the Infbudions of your Government, I confented to tiike a few Days to confider of it, and to rcferve my definitive Anfwer until I fhould fee you again. I never doubted in my own Mind as to the Inex- pediency and Impropriety of encouraging you to take an unauthorized Step, by an unofficial Pre? mife, that it fhould be well received. But in a Matter of fuch Delicacy, 1 was defirous of either confirming or correding my o\yn Opiniou by the Opinions of others, The ( "9 ) The Refult was, that in a Third Interview which took place fhortly after the Second, I had the Ho- nour to inform you, that after the mod mature De- liberation, I found it impoflible to yield to your Suggeftion, and that it therefore remained for you to frame your Propofition according to the Inftruc- tions of your Government, or to your own unbialfed Difcretion. My own Share in thefe feveral Conference!, be- yond what is implied in the above Statement, was very fmall. , . ■ I have, as you know, always rather widied to re- fer the argumentative Difcuffion of the Subjed: of the Orders in Council to the official Corrcfpondence which ihave more than oncebeentaughttoexpedl you to open upon it, than to engage with you in a verbal Controverfy, which, if confined to ourfelves, would be ufelefs ; if afterwards to be reduced into Writ- ing, for the Purpofe of being communicated to our refpe£tive Governments, fuperfluous. But in anfwer to the Rcprefentations which you have repeatedly made againft the Orders in Council of January and November, as violating the " Rights *' of the United States, and affedting moft deflruc- *' tively their befl: Interefts upon Grounds wholly *' inadmiffible both in Principle and in Faft,'* 1 have uniformly maintained the unqueftionable Right of 14 His ( lao ; HJs Majefly « to refort to the fullefl: Mcafures of ** U wtaliation in consequence of the unparalleled ** i^ggreflion of the Enemy, and to retort upon " that Enemy the Evils of his own Injufticc ;** and have uniformly contended, that " if Third Parties " fufFer from ihoie Meafures, the Demand of Re- ** paration mult be made to that Power which firft '* violates the eftablifhed Ufages of War and the " Rights of Neutral States." I ;■ It 1 1 !l!i -. '1. There was indeed one Point upon which I was particularly anxious to receive precifc Information, and upon which, from your Candour and Franknefs, I was fortunate enough to obtain it. The connefting together, in your propofed Over- ture, the Sufpenfion of the Embargo and the Re- peal of the Orders in Council, as well thofe of No- vember as the preceding one of the 7th of January, might appear to impl) that the Embargo had been the immediate Confequence of thofe Orders, and I was therefore defirous to afcertain whether in Fa£t, the Orders in Council in November had been kno^vn to the Government of the United States pre- vioufly to the Meffage of the Prcfident propofmg the Embargo, fo as to be a moving Confideration to that MelTage. , . , . I had the Satisfaflion to learn from you, Sir, that fuch was not the Fad ; that Rumours might indeed have reached America of fome Meafure of further A Retaliation ( I" ) Retaliation being in the Contemplation of the Bri- tilh Government ; that perhaps (as I underftood you) fome more fevere and fweeping Moafare might have been expected : — but that of the Orders in Council of the nth of November, as having been a£kually iffued, there was no certain Knowledge in America, or at leafl: none in the Pofleflion of the American Government, at the Time of propofmg the Embargo. Such, Sir, is, according to the beft: of niy Recol- leftion, correctly the Subflancc of what has palFed between us at our levcral Interviews previous to the Prefentation of your Official Letter, and fuch I have reprefentcd to have been the Subftance of what pafled on thofe feveral Occafions, in the Reports of our Conferences which it has been my Duty to make to the King. ^ !i •I Hfi ilfl ''I n If in this Recapitulation there is any Thing mif- taken or any Thing omiited, you will do me the Juftice to believe the Error unintentional, and you may rely upon my Readiaefs to fct it right. I have the Honour to be, &c. Ceo, Canning, W. Pinkney. Efq. &c. &c. &c. ( "2 ) '.'■'" ■ . -y. ! it ."■) •i No. 2. COPY of a Letter from William Pinkncy, Efq. to Mr. Secretary Canning ; dated Great Cumberland Place, iothO«^ober ' 1808. "/'. Sir, TF my Reply to the Letter which you did me the Honour to addrcfs to me on the 23d of laft Month, fhould be of greater Length than the Occa- fion may be thought to require, you will, 1 am fure, impute it to its real Caufe, an earned Defire on my Part, arifmg from a Feeling of fincere Refped for you, that the Statement which I am to give of Fads deemed by you to be important, (hould be full as well as accurate. . . 'i!i I will not fatigue you. Sir, with Aflurances that no Perfon could be lefs difpofed than I am to find Fault with the Objed of your Letter, which appears to be to guard againfl: all Mifreprefentation of " what has pafled in our late Interviews beyond " what you find recorded in my Note." You have told me that I have pcrfonally, no Con- cern in that Objeft, and I did not require to be told that rny Government has as little. I underfland, indeed, that the Circumflance which has fuggefted a peculiar Motive for this Proceeding, was one of thofe ( 1^3 ) thoFe Newfpaper Mifreprer;;ntations which every Day produces where the Trcfs is free, which find no Credit aiid beget no Confequence, and fur which it is greatly to be feared your Expedient 'vvill pro. vide no Remedy. Of my Condud, when that Cir- cumftance occurred, in giving you unfoHcited Proofs that I had tranfmitted to Mr. Secretary Madifon a faithful Report of our Conferences, miftaken by public Rumour or private Conjeclure,it is not necef- fary for me to fpeak ; for you have yourfelf done Juflicc to it. The Motive to which I am indebted for the Ho- nour of \oiir Letter, appears to have been inftru- mental in producing another EfFed equally unex- ceptionable. But you will allow me to fay, that: until the Receipt of that Letter, I had not been ap- prized by the flightell Intimation, that it was in any Degree owing to fuch a Caufe that you declined, on the Part of His Majefty's Government, after Two Conferences, in wl";icii I had been fuifered, if not encouraged, to uufold myfelf individually as well as officially, at great Length, and with perfed Frar5k|iefs, to give an Anfwer to my verbal Over- ture. At ourfirfl: Interview (on the 29th of June) verbal Communication was not difcountenanced, but com- mended : For, after I had made myfelf underftood as to the Purpofe for which the Interview had been rcquefted, you alked mcifl thought of taking a more I: H ( 124 ) . more formal Courfe, L t immediately added, that you prefumed I did not, for that the Courfe i had adopted was well fuitcd to the Occafion. My Re- ply was in Subftance, that the Freedom of Couver- fation was better adapted to o'lr Subjecl, ind more likely to conduct us to an advantageous Ccnciufion, than the Confc-aint and Foimaiity of written Inter- courfe J and that I had not intended to prefent a Note. At the fccond Interview (on the 20th July) it did not occur to me that I had any Reafon to con- cl"de, and certainly I did not conclude, that verbal Communication had not contin aed to be acceptable as St preparatory Courfe ; and it was not until the third Interview (on the 29th of Juiy) that it was rc- jc<5tcd as inadimffible. But even then I v/as not told, and had not the fmallcft Sufpicion, that this Rejeftion was to be afcribed, either wholly or par- tially, to the Motive which your Letter has lince an- nounced to me. That this Mctive had, ncverthe- lefs, all the Influence now imputed to it, I am entirely confident, and 1 tiike Notice of it only becaufe, as I have not mentioned it to my Govern- ment in my official Account of our Conferences, I can no otherwife juflify the Omiflion either to it, or to you, than by fhewing that I had in Truth no Knowledge of the Faft when th^L Account was tranfmitted. I may take Occafion iu let forth in the prefent Letter, the Import of all that can be material of our feveral ( 125 > feveral Converfations, according to my Recolleftion of them ; but there are feme Points to which I ought to pay a more particular Attention, becaufe you have thought tbem entitled to it, aUhough I ihould my- felf, perhaps, have been inclined to think that they had loft much of their Importance by the Prefenta- tion of my Note, and the Receipt of your written Anfwer, both of which are perfedly intelligible, upon thefe Points at leaft, without the Aid of the Conferences that preceded them. I kC ^! Us IV' I ll 1 i t vcrnment ; but that the Manner of conducling and illuftrating the Subjeft, upon which I had no preeife Orders, was my own. I even repeated to you the Wcrdi: of my Liflruclions as they were upon my Memory ; and 1 did not underfland, either then or afterwards, that there was any Doubt as to their Exilceiice or their Sufficiency, or any Defire to have a more exad r,nd forma! Communication of them, while the Refult of our Difcullion was diftant and unccrtiiin. I laid, undoubtedly, that I had been di- re.5tcd to require the Revocation of the Britifli Or- ders .ii Council ; but 1 laid alio, that, although the Gf^Trnment of the United States ftill fuppofed it- felf to be authorized to pxj eft their Repeal upon the Ground of Right as ii exifted, from the firfl: (a Subject:, however, which 1 informed you I did not wifti at tliai rime to agitate) I was notwithftanding empowered to give you the above-mentioned Al- i'urances, which would, as I prefumed, hold out In- ducements to Great Britain, as well on the Score of Policv as on that of Juftice, to fulfil that Ex- peftation. si 'A I fhould fcarccly have undertaken to offer fuch AiTurances as from .iiyfclf, or upon my own " Con- viflion" that the Prefident would aft in Conformity with them. And I Ihould ftill lefs (if that were poffi- ble)have ventured to aik ot you that you would make them, in that Form, the Subjeft of repeated Con- ferences, and even of Reference to others, as placing the Qucition of a Recal or Coniinuance of the Or- ders »t.. \\ ( 127 ) ilers in Council upon new Grounds of Prudence and Equity. If it is merely intended (as I doubt not it 10 to- fay that I did not make, or declare my In ten don tv) make, my Overture in Writing before i had eude avour- ed to prepare for it by perfon-il Explanations, fuch a Reception as I felt it deferved, and before I could • fcertain what Shape it would be mod proper to give 10 it, or how it would be i- ,c by this Government, nothing can be more corred. It was my fincere Wifh that my F'-opofal, which I believe to be advantageous to Great Britain, as well as honourable to the United States, fliould be ac- cepted ; and accordingly I preferred a Mode of Proceeding v/hich, while it was calculated to avoid unproiitable Difcuflions upon Topics of feme De- lica' ; ari*^. great Difficulty, would furnifh Opportu- nit'e. ■ -* 'rank and friendly Communication upon all the ij^irings of my Propofal, and lead to the Re- fult at which I aimed, if that Refult fhould be prac- ticable, in fuch Way as upon mature Refledion, and after a liberal Interchange of Sentiments, (hould be found to be moft for the Honour of our refpec- ti * Governments. I'hefe Views were laid before )ci without Rcferve, and fecmed to be approved ; and I confefs to you, Sir, that when I was afterwards informed, that if I would obtain an Anfwer to my Overture, I mufl make it in Writing, and that I mult not look out for any previous Intimation of the Nature of that Anfwer^ I did not allow myfelf ( >28 ) any longer to anticipate with much Confidence fuch an Klue as I defired. The Second Difference which your Letter fup- pofes to exifl; between my Note and verbal Suggef- tions, cannot, i think, "^ nnv View be very material. I will fay Ibmething upoi* however. My Note declares, that if I forbear to purfue cer- tain Ideas through all the Illuftrations of which they are fufceptible, it is becaufe our perfonal Confer- ences, as well as the obvious Nature of the Ideas themfelves, render it unneceffary. This implies un- doubtedly, that more had been faid in our Con- ferencej?, explanatory of thefe Ideas, than is to be found in the Note itfelf ; and that Implication can fcarcely be otherwife than true, if I " expatiated " largely,'* as you very juftly fay I did, " upon the " Confequences of a Sufpcnfion of the Embargo as ** to Great Britain while it ftill continued to be en- " forced agalnfl: France." The general Idea to which the Note refers, is, that Juftice and Intereft confpired to recommend that you Ihould take Advantage of my Propofal. The particular Pofitions are, that if your Orders and our Embargo fhould be refcinded in the Manner fuggefted, our commercial Intercourfe would be immediately revived ; that if France followed your Example, and retracted her Decrees, the avowed Purpofe of your Orders would be accompliihed i that ( 129 ) that if France refufed to retraft, the American Em* bargo continuing as to her, would occupy the Place of your Orders, 'ind perform their Office even better than they could perform it themfelves, with- out any of the Difadvantages infeparable from fuch aSyftem. It is certain, that in our Convcrfations I endea- voured to prove that thefe general and particular Notions were founded in Truth by a Variety of Ar- guments, thrown out in a very defultory Way, wiih more Zeal than Precifion, and with that entire Free- dom which unlimited Confidence in your Candour, and a firm Opinion that the Views of my Govern- ment would derive new Titles to Refped from a full Examination, were calculated to produce. I (hould not deal ingenuoufly with you, Sir, if I were to pretend that I think my felf able to recapitu- late thefe disjointed Arguments as they were adually delivered ; and I am quite fure that I fliall confult your Gratification, as well as my own Credit, by declining fuch an Undertaking. But I think I can ftate in a condenfed Form what I intended you fhould\indcrfland, and 1 preiume that whit 1 did fay was not very wide of my real Impreffions. Upon the Footing on which my Overture would place the Juflice of the Britifh Orders, I did not go into much Detail at any one of the Three Inter- K views 'I V' lifpi' li r ft I mmt \\H IS ( 130 ) views mentioned in your Letter. But combining my unconnedcd and occafionalObfervations on that Point, as they were made at different Times, and more efpecially as they were afterwards given and enlarged upon when I had the Honour to fee you on the 26th of Auguft (of which however it is proper to fay I have only a very fcanty Memoran- dum) their Import will not perhaps be found to be much, if at all miftaken, in fuch Parts of the fol- lowing Statement as relates to that Branch of the Subjed. I meant to fuggefl:, then, thai: upon your own Principles it would be extremely difficult to decline my Propofal ; that your Orders inculcate, as the Duty of Neutral Nations, Refiftance to the Mari- time Decrees of France, as overturning the public Law of the World, aad profeffedly rely upon that Duty, and an imputed Abandonment of it, for their Inducement and their Juflification j that of thefe Orders, that of the yih of January 1807 (of which the fubfequent Orders of November are faid in your official Reply to my Note of the 33d of Auguft, to be only an Extenfion, an Extenfion in Operation not in Principle) was promulgated and carried into EfFedt a few Weeks only after the Berlin Decree had made its Appearance, when the American Go- vernment could not poffibly know that fuch a De- cree exifted, when there had been no Attempt to enforce it, and when it had become probable that it would not be enforced at all to the Prejudice of Neutral ( '3« ) Neutral Rights ; that the other Orders were ifrued before the American Government, with Reference to any pradlcal Violation of its Rights, by an At- tempt to execute the Berlin Decree in a Senfe dif- ferent from the Stipulations of the Treaty fubfifting between the United States and France, and from the Explanations given to General Armftrong by the French Minifter of Marine, and afterwards implied- ly confirmed by General Champagny, as well as by a correfpondent Pradice had any fufficient Oppor- tunity of oppofing that Decree, otherwife than it did oppofe it ; that your Orders thus proceeding upon an aflumed Acquiefcence not exifling in Faft, reta- liated prematurely, and retaliated a thoufand fold, through the Rights of the United States, Wrongs rather threatened than felt, which you wdrc not au- thorized to prefume the United States would not themfwlves repel, as their Honour and their Interefts required ; that Orders fo ifliied were, to fay the leaft of them, an unfeafonable Interpofition between the injuring and the injuredPariy in a Way the mod fatal to tlie latter ; that, by taking Juftice into your own Hands before you were intitlcd to do fo, at the Ex- pence of every Thing like Neutral Rights, and even at the Expence of other Rights, juftly the Obje^l of yet greater Senfibility, and by infliding upon Neutral Nations, or rather upon the United States, the only Neutral Nation, Injuries infinitely more fe- vere and extenfive than it was in the Power of France to inflid, you embarrafll'd and coni'oimded, and rendered impracticable that very R':li!lance ' ■ K 2 ' ■ which i 1 i i. It ( '3^ ) which you demanded of us ; that my Propofal de- ft royed all imaginable Motives for continuing, what- ever might have been the Motives for adopting, this new Scheme of Warfare ; that it enabled you to withdraw with Dignity, and even with Advantage, what fliould not have come between France and us ; that its neceffary Tendency was to place us at Iflue with that Power, or in other Words, in the precife Situation in which you have maintained we ought to be placed, if it fhould perfift in its obnoxious Edifts ; that the Continuance of our Embargo, fo modified, would be at lead equivalent to your Orders, for that in their mod efficient State your Orders could do no more, as regards the United States, than cut off their Trade with France and the Coun- . tries connected with her, and that our Embargo re- maining as to France and rhoie Countries would do exactly the fame ; that if the two Courfes were barely or even nearly upon a Level, in point of Ex- pediency, Great Britain ought to be forward to adopt that which was confident with the Rights and refpeftful to the Ft^elings of others ; that my Pro- pofal, however, had powerful Recommendations, which the Orders in Council had not ; that it would re-eftablifti, without the Hazard of any Difadvan- tage, before new Habits had rendered it difficult if not impoflible. a Traffic which nourifiied your moft effential Manufaftures, and various other important Sources of your Profperity ; that k' would not only reflore a Connection valuable in all its Views, but prepare the Way for the Return of mutual Kind- nefs. It; JLi ( 133 ) ^lefs, for .Adjuftments greatly to b: defired, and in a Word, for all thofe Confequences which follow in the Train of Magnanimity and Conciliation aflb- ciated with Prudence and Juftice. Among the Obfervations intended to illuflrale my Opinion of the certain probable and poffible Ef- fe£ts of the concurrent Ads which my Propofal had in vie*v, were thofe to which you allude in the 6th Paragraph of your Letter ; having ftated that re- newed commercial Intercourfe between Great Bri- tain and the United States would be the firf; EfFed, I remarked in the Progrefs of the Converfation, that the Edi£ts of France could not prevent that In- tercourfe, even if France fhould adhere to them, although Great Britain by her fuperior naval Means might be able to prevent the Converfe of it ; that the Power of France upon the Seas was in no de- gree adequate to fuch a Purpofe, and if it were otherwife, that it was not to be fuppofed that the United State?, refuming their lawful Commerce with this Country after a Rec?l of the Britifli Orders in Council, would take no M.afures againd fyfte- matic Interruptions of that Commerce by Force and Violence, if fuch fhould be attempted. If, when I was honoured with the different Inter- views before-mentioned, I have been able to conjec- ture the Nature of the Arguments which were to have an Influence againft my Propofal. as I now find them ftated in your AnfvVer to my Note, 1 fhould probably ' K. 3 have H ( '34 ) m f : 3ir,, have ventured to fugged, in addition to the Re- marks aftually fubmitted to your Confideration, that if tlie Blockade of the European Continent by France, and the Powers fubfervient to or In Combi- nation with her, to which your Orders, as a tempe- rate but determined Retaliation, were oppofed, has been raifed even before it had been well tftablifhi d, md if that Syftem fo oppofed, of wliich Extent and Continuity were the viti.l Principles, has been broken up into Fragments utterly harnilefs and contemptible, there feems fcarctly to be lelt, in your own Viev/ cf the Subjctl, any intelligible Juftiiicalion for Perfeve* ranee in fuch of the retaliatory Meafures of Great Brirain as operate through the acknowledged Rights of a Power confeffediy no Party to that Combination, and ready to fulfil her fair neutral Obligations if you will fufrcr her to do fo. Under fuch Circu r fiances, to abandon what is admitted to have lofl: its only le- gitimate Objetfl, is not Conceffion, it is fimpie Juf- tice. To Fiance, indeed, it might be Conceflion ;" but it is not France, it is the Government of America, neither fubfervient to France nor combined with France, a third Party, whofe Rights and Interefls your Orders deeply affe^l, without any adequate Ne- ceflity, according to your own fhewing, that requires their Recal; and that too upon Terms which cannot but promote the declared Purpofes of ihefe Orders, if any remain to be promoted. I fay, without any- adequate Neceility, according to your own (hewing ; for iamperfuaded, Sir, you do not me^nto tell us, as upoi^i ( 135 ) upon a hafty Perufal of your Anfwer to my Note might be imagined, that thofe Rights and Inter^fls are to be fet at nought ; left a Doubt fliould remain to diftant Times of the Determination and the Abi- lity of Great Britain to have continued her Refift- ance, or that your Orders may indefinitely give a new Law to the Ocean, left the Motive to their re- peal (hould be miftaken by your Enemy ; if this might indeed be fo, you will, perhaps, permit me to fay, that highly as we may be difpofed to prize the firm Attitude and vaft Means of your Country at this eventful Moment, it would poffibly fuggeft to fome Minds a relu£lant Doubt on the Subjed of your Obfervation, that the Strength and Power of Great Britain are not for herfelf only but for the World. im I might alfo have been led to intimate, that my Propofal could apparently lofe nothing by admitting that, ** by fome unfortunate Concurrence of Cir- " cumftances, without any hoftile Intention, the ** American Embargo did come in aid of the" be- forementioned " Blockade of the European Conti- " nent, precifely at the very Moment when, if that *' Blockade coulJ have fucceeded at all, this Inter- *^ pofition of the American Government would moft ** effeftually have contributed to its Succefs." Yet I fliould probably have thought myfelf bound to re- mind you, that, whatever may be the Truth of this Speculation, the fame Embargo withheld cur Ton- nage and our Produftions from that Communication K 4 with Ji •*!: ( '36 ) vviih the Colonies of your Enemies and wiih the Eu. rope;m Continent, which you had afleited your Right to prevent; which, as a dirc6l Comnuinica- tlt>n (with the Continent) you had in faift prohiluted; which, even through BritiHi Ports, or in other qua- lified Forms, you had profcnfeJ to tolcia^e, not as that which could be claimed, but as an Indulgence that could at any Time be withdrawn : which, as a Traffic for the United States to cnc;Aae in, you had at leaft difcouraged, not only by Checks a id Difi- cuhies in the Way of its Piofecution, but by niani- fcfling your Intenfi'^ns to mould it into all the Shapes whi .h thcbi'lligerent, fifcal, or other peculi^ir P licy of Great Biitain might require and tf) lubje^t it to the exclufivc: Jurifdidion of her municipal Code, armed with all the Pi erogatives of that univerial Law to which Nations are accufiomcd to look for the E-ights of Neutral Commerce. MC; , -H; In giving an Account of our fecond Conference, vou fay, thp*^ though not dating myfelf to be autho- rized oy my Government formally to offer the 8uf- penfion of the Embargo as an immediate Confe- quence of the Repeal oi' tiie Orders in Council, yet I did profefs my Readinefs to take upon myfelf to make that Offer, provided that y 3U would give me beFore-hand an unofficial AlTurance, that coupled with that Olfer fo made, (he Demand of the Repeal of the Orders would be favourably received ; that you of courfe declined to give any fuch previous Af- furance j but, as I appt.ared to attach great Import- ance 5 ;:■ ( 137 ) ance to this Su^cjeflion, and you were led to think that a Comphance with it might relieve me from a Diflicuhy in executing the Inftruclions oF my Go- vernmcnt. yon confentcd to take a few Days to con- fider of it, and to rcferve your definitive Anfwer until you (liould fee me again. You then obferv.;, that you never doubted in your own Mind as to the Inexpediency and Imnropricty of encouraging me to take an unauthorized Step by an un-official Promife that it fliould be well received. I an. furc you did not, Sir ; but I muft take the Liberty to fay, that I am equally fure that I never thought of afl^ing you to give me Encouragement to take an unauthorized Step of any Kind. I am, inJced, truly mortified that my Conduct has appeared to you in thatLii^ht; and I fliould not be readily confolcd, if I did not reflect that in condefcending to liflen even tor a Mo- ment, to what mud have ftruck you as an Irregu- larity, as vain and nugatory in its Purpofe as reprehenfible in its Principle, you mufi: at leafl have given me Credit for good Intentions, and for a ftrong Defire finccrely felt, although erroneoufly obeyed, that our Countries fhouid find themfelvcs in that relative Pofition which fuits the Intercfls and tends to the llappinefs of both. When I profelTed a Readinefs to make my Pro- pofal in Writing, it was, as you Itatc, provifionally; but I did not intimate that 1 was aciinc: without Authority, nor did I comprehend thatfuch was, as I now know it to have been, your ImpreiTion. The ,- r provifioiial ,1., il C '38 ) If* m ] I provifional Nature of myCifer arofe out of CircVira- ftar.ces, and was afterwards prefled upon ConviftiDn, that if it was meant to adopt the Views of the Pre- iident nothing more could be neceflary, I under- Jlood you to be defirous of afcertaining whether I was empowered and difpofed, with a View to a final Arrangement, to prefent what I had fuggePtcd in a written Form, as an Overture originating with my Government. I faid, of courfe, that every Thing being firfl matured, a Note fliouli be prefented, but that I would, v/ith your P^irmiflion, take a little Time to confider of the Manner and Terms, i did not at that 1 imc fuppofe that we wa'e converfjiig about a written iropc^fal, which was to be made only to be rejeded, or even for the Purpofe of Deli- beration, and confcquently in profeding my Wib lingnvsfs to make it ns foon as we were prepared for iti I prefumcd that I had done all that you defired ; and I was confiimed in this Opinion, not only by your faying Nothing, aslfuppofed, to tne contrary, but by your rcqucfling me, as I was about to leave the Room, to employ niylelf before the next Inter- view upon fiich a Note as v/e had been talking of 5 and then retracting that Requefl by obferving, that I v/ould doubilefs firft defire to know what were your Ideas and Intentions upon the Subject of it, with which I was given to underfland I ihould be made iicq'iainted it another Conference. At the Tliird Interview, after fpeaking of a Tranfa€tion u^on the Lakes, of which your Traders complained, ( 139 ) complained, and of another Occurrence in the Bay of Paflkmaguddy,yoii obferved that you had thought loud and anxioufly upon what I had fuggcfted to you; that the Subjed had at firft ftruck you as being much more fimple than upon careful Exvimi- nation it had been found to be ; that in t!ie aQ:ual State of the World it behoved both you and me to mo\^e in this Affair with every pofliblc Degree of Circumfpeflion ; that without fomc explicit Propofal on my Part in Writing, upcii which the Britis'h Go- vernment couid deliberate and ad, nothing could be done ; and finally, that you muft leave me to con- fult my own Difcretion whether I would make fuch a Propofal. It appeared to me, that if this L'etermination f'lould be perfiiled in, my Overture vas not likely to be fuccefsful, and I urged accordingly the Pro- priety of going on in a Courfe wh'cti would lead us to a better Iffue ; that Courfe was, that we fliould underftand one another as to our refpeftive Views, and that a concife Note, which I had in fart pre- pared fince the laft Meeting, fliould then be p'-efented and aded upon. You informed me, that my Wifii in this Particular could not be acceded to ; that if I preferifed a Note you muft L- leit at pcrfc6l Liber- ty to decide upon what it propofcd ; that you could not give me even an Innmation of the probable Con- fequences of it ; and in a Word, that you would neither invite nor difconrage fuch a Proceed irg. You added, that there were feme Points belorr^ing - ■ ■■•- to M i ( 140 ) '8 .US ' i i 1, '.'Is ■fr 1 to the Subject which it would be prrper to difcufs in Writing, One of which was, the Connexion be- tween our Fmbargo, and your Orders of November, fuppofed to be implied by my Propofal ; I remarked, that with an a6tual Refult in View, and with a Wifh to arrive at that Refult without Delay, it could fiot be advifable to entangle ourfelves in a written Cor- refpondencc, undefined as to its Scope and Duration, upon Topics upon which we were not likely to agree ; and th.tt if I were to frame my Note with a Knowledge that it was to provoke Argument, in- flead of leading at this Crifis to a falutary Change in the State of the World, you muft be confcious that I too muft argue ; — and where would this end ? To what v.holcfcme Confequence would it condu£t us ? — At the Clofe of the Interview I cbferved, that as the Footing upon whxh the Subjeft was now placed, made Delay of no Importance, 1 ftiouldtake Time to prepai'e fuch farther Proceeding as the Oc- fion required. '* On the 26th of Auguft, I had the Honour to fee you again ; and after entering more at hirge than I had before believed t^ be proper, into a Confidera- tion of the Effect Oi iiy Propofal on the Equity of adhering to your Orders in Council ; and after read- ing to you Part of my Inftrudions, I delivered an official Note, in which the Propofal was made in the Form required, i- -:•.. '" . ...f,." ' Something was faid at this Interview of the AiTalr of the Chefapcake, and the Prefidcnt's Proclamation, which ( HI ) ■which it is not, I prefume, neceflary to repeat ; it will be fufficient to ftate, that you afked me what was to be done with thefe Subjeds ? And that my Reply was, that they had no Connexion with the prefent ; but that 1 cculd fay wit Confidence, that my Government had every Difpofition to attend to them, with a View to fuch an Adjuflment as would be honourable to both Paties. I did not luppofe that it was expected (for you did not intimate fuch an Expedation) that renewed Negotiation upon thefe Points fhould, as well as the Repeal, upon Terms of your Orders in Council, be invited by a a formal Overture from the Government of America. ml I will not trouble you with many Ci^iVrvatlons more. You ftate in your Letter, that ^' there was one <« Point upon which you were particularly anxious " to receive precife Information, and upon which, , " from my Candour and Franknefs, you ware for- *' tunate enough to obtain it." — This was, " Whe- " tlier, in Faft, the Orders in Council of November *' had been known to the Government of the United :** States previouily to theMtflage of the Prtfident " propoling the Embargo, fo as to be a moving " Confideration to that Mefage?*' — I quote this PafTage, principally, that I may rjcal to your Re- colledion that my Suggeftions upon the Siibjedt of at were not made oflicially, or as being authorized • ^ / or ( U2 ) lui -t; t .:i w or furniihed by any Communication from my Go- verniiient, or in Aufwer to any cireft Enquiries on your Part. They were very briefly made, near the Clofe, as I think, of our third Interview, in confe- quence of your Intimation (intended, perhaps, to amount to an Enquiry) that my Propofal implied that the Embargo had been produced by the Orders of November; to which you added, that this could ■ not be admitted^ and (as I comprehended what you faid) that it even required to be made the Subjcft of lome Notice of Difcuflion in Writing, as intimately conneded with my Propofal, if it fhould be brought forward in that Shape. And I underftood you to allign this as one of the Reafons why a written Over- ture was indifpenfible. In replying to that Intimation, and the Remarks which followed it, I profefled to fpeak, as I did in Fa£t fpeak, from general Information only, and dif- claimed, as it was my Duty to do. all Authoiity to fay more, upon the Nature and Origin of the Em- bargo, than I had fome 1 ime before communicated to you, in Obedience to ths Orders of the Prefident. yhe Purpofe of my Obfervations was chiefly to (hew that there was no Inducement for embarking in for- mal Dii'cullions upon this Poin and I afliired ycu that it was not in my Power, either as re'pectcd In- ftrudkions from my Go'/ernment or Knowledge of Fads, to do fo. My Opinion was, and I fpoke ac- cordingly, that it was o^e of thofe C^ieflions wbicji might be left completely at reft, without theVleaft Injury f'l ( '43 ) Injury to the WIfdom or the Juftice of our Conclu- (ions upon the great Object of our Conferences. There could be no Objedion, however, to my giving you on this Head fuch conjeduial Informa- tion as I was able. On the contrary, by fully dif- clofing to you my own Materials for forming an Opinion upon it, you would be enabled more dif- tindly to fee, that I could take no Part in any Dif- cuffion which you might propofe to apply to it. And I could not but be alTured thu. any Anxiety you might feel to obtain a Knowledge of the Fads in Queftion, fprung from Confiderations which had every Claim to my Refpedtj for I knew that your Mind was far above the Reach of Prejudices which would afcribe the American Embargo to Participa- tion m the Councils or Views of your Adverfary, or of any Foreign Power whatfoever. My Suggeftions were to the following EfFe£t ; that I believed that no Copy of your Orders of Novem- ber had arrived in the United States at the Date of the Prefident's Meflage ; that a recent Change in the Conduct of France to our Prejudice did appear to be known ; that Intelligence had been received, and a Belief entertained, of your Intention to adopt fome further Meafure, as a Meafure of Retaliation againft France by which our Commerce and our Rights would be affected ; that there was Rcafon to conclude that you had ai^ually adopted fuch a Mea- fure; that (as I collected from American Newfpa- pers) this had appeared from private Letters, and die 5 Newfpapcrs m H t 1 1 ( H4 ) N^wrpaprrs of this Country received in the United Srat.iM'bme Days before the Mefliige of the Prefi- deijt, aMt! probably known to the Government ; that ill a Word, various Information concurred to fhew that our Trade was hkely to be aflailed by the com- bined Ffforts of both the Belligerent Parties; and that the Embargo was a Meafure of wife and peace- ful Precaution, adopted under this View of reafon-' ably anticipated Peril. You obferve, in another Part of your Letter, *' that you have always rather wilhed to i, .r the " argumentative Difcuffion of the Subject of the *' Orders in Council to the Official Correfpondence, which you have more than once been taught to expe£l me to open upon it.'* If I Ihould objedl to any Part of this Statement, of which the Sub- ftance is i idoubredly correct, it would be to the Words " more than once." Your Wifh has always appeared to be fuch as you now reprefent it ; and you had Reafon to exped that I would commence a written Difcuflion of the Orders of November foon after their Publication. I had toU you that I fliould do fo, and you faid that there could be no Objedlion to it But you were afterwards informed, that upon Refledion, I had determined to leave the Subjeft where it was, until I fliould know the Pleafure of my Government. te (S • The Orders had been oilicially comnmnicated, not to me, but to Mr. xMadifon through the Biitilh Minifier at Waihington. It fecined therefore to be proper Li ( H5 ) proper (unlefs my InftrutStions fhould make it other- wife) that the View which the Govermnent of the United States took of them fhould find its Way to you through the fame Channel ; and accordingly, the Letters of Mr. Madifon, to which I have referred in my Note of the 23d of Augufl, did open at great Length a DifculTion which I could have no Induce- ment to fhare, although I did not continue to think myfelf authorized to commence it. . ... ^ j • It only remains to add, that your Share in our fe- veral Converfations was what you reprefent it to have been, not confiderable, and that your Manner, although refer ved, was as it always is, perfectly friendly. • . _ , .., ^ r ,. t, . v T f I need not fay, that if in this Letter, written un- der the Influence of fincere Concern that the Propo- fal I had the Honour to lay before you has been un- fuccefsful, any Thing is to be found which you could wiih to be otherwife than it is, I fhall be the firft to regret that I have not been able to do Juftice to my own Feelings and Intentions. ;,; w"t 1 I have the Honour, &c. (Signed) Wm. Pinkney. t' J.< fy \i. : ■■ J ( «4fi ) II No. 3. rii :!H ■• ■■• ■-' "i . i ' I , , I \, , ill 'i':i;i: I. v. COPY of a Letter from Mr. Secretary ,M . CanningtoMr.Pinkney; dated Novere* .. :, ber sid, 1808. ; ;,.> Sir, ' Foreign Office, Nov. aad, 1808T T REGRET exceedingly that an unufual and un- intermitting Preifure of official Bufmefs has pre- vented mc from finding an earlier Opportunity to reply to your Letter of the loth of laft Month. '" The Obfervations which I have to offer upon fome Parts of that Letter are not, indeed, of fuch a Nature as to make it Matter of any great Impor- tance whether you receive them a Week fooner or bter, as they refer lefs to any Point of Public Intercft to our two Governments than to what has paifed, perfonally, between ourfelves. ...-.( 1 : ■ •<'^' 1 !»;•"• ' But I (hould have been much mortified if you could have been led to believe me deficient in At- tention to you ; the Manner as well as the Sub- fiance of the Communication which I have had the Honour to receive from you, entitling it to the moft prompt and candid Confideration. f . Your underftanding of the Motives which in- duced nie to accompany my official Note of the a 3d of September, with my Letter of ths fuax? Date, is fo far imperfe£t as that you feem to imagine that the Wi(h to guard againft Mifreprefentation was the only Motive which iaduced me to write that Letter ; and that, from that Motive alone I fhould, in any Cafe, have troubled you with it : — Whereas I muft have expreffed myfelf very incorredtly in. deed, if I did not convey to you the Affurance, that if what paiTed between us in Converfation had not been referred to by you in your official Letter of the 23d of Auguft, I certainly fhould not have thought it ncceflary or proper to preferve any writ- ten Record of your verbal communications, which I underftood at the Time to be confidential, and which I certainly was f© far from attempting or in- tending to " difcountenance," that I ^ave no Doubt but I expreffed myfelf, as you fay I did, in Favour of the Courfe which you adopted, as well fuited to the Otcafion." But you (late at the fame Time, mod corre^ly, that it was a " preparatory*' courfe, that I underftood and encouraged this verbal and confi- dential Communication. I never did nor could underftand it as being intended to fuperfede or fup- ply the Place of an official Overture. I never did nor could fuppofe that the Overture of your Go- vernment, and the Anfwer of the Britifti Govern^ meat to it, were intended to be entrufted folely to our refpedive Recollections. Accordingly, when the Period arrived at vrhich you appeared to be pre- pared to bring forward an official Propofal, I did, no Doubt, exprefs my Expectation tiiat I fhould re- ceivc that Propofal in Writing, I. 2 It (( it fl t 148 ) m Tt is highly probable that I did not (as you lay 1 did not) aflign to you as the Motive of the Wifh which I then exprefled, my Perfuafion that written Communications are lefs liable to miftake than ver- bal ones, becaufe that Confideration is fufficiently obvious, and becnufe the whole Courfe and Prattic^ of Office is in that RefpeiJ^: fo eltabliflied and inva- riable, that I really could not have fuppofed the Afligiiment of any fpccific Motive to be neceflary to account for my requiring a written Statement of your Propofals previous to n^y returning an official Anfvver to them. ■■ > ■ ^ ■ • ' .-' ;: ' I had taken for granted all along that fuch would, and fuch muff: be the ultimate Proceeding on your Part however you might vviili to prepare the Way for it by Preliminary Converfations. '' • "iFi \i.A In framing your Note, I did not pretend to antici- pate how much of what had been dated by you in our feveral Conferences, you would think it proper to repeat in Writing. But whatever the Tenor of your Note had been, I fhould have felt it Right to conform ftridly to it, in the official Anlwer ; avoiding any Reference to any Part of your verbal Communications, except fuch as by repeating them in Writing, I ffiould fee that it was your Intention to record as official. ' ' :. •. i? r. I confefs, however, I was not prepared for the mixed Courfe which you actually did adopt, I am perfuadcd (I am fmrercly perfuaded) without any Intention ( »49 ) Intention of cheating F.nibarraflfment ; that of rtler- rlng generally to what had palTed in our Confe- rences, as illuflnitlvc of your official' Proportion, and as tending to fupport and to recommend it, but without fpccifying the particular Points to which fuch Reference was intended to apply ; a Courfe which appeared at firll Sight t© leave me no Choice except between the two Alternatives, of either recapitulat- ing the Whole of what you had dated in Convcrfa- tion, for the Purpofe of comprehending it in the Anfwer, or of con/ining myfelf to your written Note, at the Hazard of being fufptded of fup- prefling the mofl material Part of your Statements. The Expedient to which I had Recourfe of ac- companying my official Note with a feparate Letter, dating, to the bed of my Recollection, the Sub- ftance of what I had heard from you in Converfa- tion, appeared to me, afrer much Deliberation, to be the mod refpeftful to you. Such having been the Motives which di6lated my Letter, I cannot regret that it was written ; fmce it has produced, at a Period fo little didant from the Tranfa6lion itfelf, an Opportunity of comparing the Impreffions left on our Minds refpeftively of what pafled in our feveral Conferences, and of correding any erroneous Impreffion on either Side. There are two Points in which our Recolleftions do appear to differ in fome Degree. L 3 The r* i:'' ( '5° ) ' The firft relates to the Authority which you had, and that which I undcrllood you to ftatc yourl'elf to haye at the Time of our firft Conference, for bring- ing forward a diredt Overture in the Name of your Government ; the fecond to the Expectation which I ftated myfelf to have entertained " more than once," of your opening an official Correfpondence on the Subject of the Orders in Council. m. 'ill V II With refped to the firft Point, you will give me Credit when I aflure you, that my Underftanding of what was faid by you not only in our firft, but in our fecond Conference, was precifely what I have ftated it to be in my Letter ; and you will (I hope) forgive me, if, after the moft attentive Perufal of your Letter of the loth of Oftober, and after a careful Comparifon of different I'afl'ages in it, while I am compelled by your Aflurance to acknowledge that 1 muft have mifapprehciided you, I find Grounds in your Statement to excufe, if not to ac- count for, my Mifapprehenfion. According to your Recolleciion, \ou told me explicitly in our firft Conference, " that the Sub- " ftance of what you then fuggtfled, that is to fay, " that our Orders being repealed as to the Unittd ** States, the United States would fufpend the Em- " bargo as to Great Britain, was from your Go- ** vernment : that the Manner of conducing and illuftratlng the Subjed (upon which you had no precife Orders) was your own j" and you even .- '*^ quoted u « ( i5« ) <^iioted Part of your Inftrudtions tc me, which was to that EfFe-"•■. ; .-- My Miflake was at leafl: a very haimlefs one, as whether the Fa£l were that you had no precife Au- thority ( ^53 ) iiiority to give in an official Propofal, or that you had fuch an Authority, but fubjqcl to Contingencies which had net occurred, the prac'^tical Refult mud be of Neceflity the fame. . .., j*i What thofe Contingencies might be it is not for ?ue to enquire ; but if they were of the Nature of which I now cannot but conjedure they 'iiay have been ; if the Overture which you were authorized to make to the Britifli Government, was to be fliaped and timed according to the Refult of any other Overture to any other Government ; I am then at once able to account for thefe Appearances which milled me into a Belief of the Want of a precife Authority on your Part. , ^ Th's Confideration leads me to the other Point on which alone there appears a Difference between us upon any Matter of Faft, but a Difference by no Means fo wide as it appears. Admitting the ;^enerai Corrednefs of the State- ment o*^ my Expectation which I was taught to en- tertain^ of a written Communication from you on the Subjed of the Orders in Council, you add, that it was however only in November lad, and imme- diately after the Publicatioi of the Orders in Coun- cil, that you had diredly announced to me your Intention of opening a Correfpondence upon them ; rn intention from which you afterwards defift- ed, " until you fhould receive the Pleafure of your ** Government :" The Corrednefs- of this State- ment 'ill ( »54 ; m P hi lilt I = - J| .1,., ■ itittit I do not difpute ; but you, I am fure will agtee with me, Sir, in recollecting how many Times ** more than once,** fmce the Period of that firft Intention of your's being announced and withdrawn, my Expeftations that you were about to *' receive the Pleafure of your Government** upon this Sub- jefV, have been excited by the Notification in America, and the Deftination hither of Ships em- ployed by the United States, as it was generally fuppofed, for the fpecial Purpofe of conveying Re- prefentations or Propofals from the American Govern- ment to the Governments of France and Great Bri- *rain, upon theSubjed of their refpeftive Maritime Decrees and Orders. Such was the univerfal Belief both in America and in England, upon the Arrival of the Ofage, upon that of the Hope, of the St. Michael, and of another Veflel named I think the Union. I have certainly no Right to affirm that you fliared in the Expectation which fo univerfally prevailed. I have no Right to fay, that the Government of the United States defignedly created that Expeflation, but that it did prerail, and that I very fincerely believed it to be well found- ed ; you, I think, mufl do me the Juftice to recoi- led ', as in one Indance at leafl, that of the Ofage, fo ftrong was my Perfuafion that you muft have re- ceived Inftrudions from your Government, that I took the Liberty of fending to you to enquire, whether you had not fome Communication to make to me, and received for Anfwer that vou had none. It ,;iii ( '55 ) (■6 (4 It 13 to thefe Miflions that I particularly referred when I faid, that I had " more than once expected you to open a Correfpondencc with me on the Subject of the Orders in Council.** This Expec- tation it was that alone prevented the fending In- Itruiflions to Mr. Erlkine, to reply to the Note ad- dreffed to him by Mr. Maddifon on the 25th of March, in Anfwer to that Note of Mr. Erikine's in which he communicated the Orders in Council. And, in allufion to thefe Miflions, particularly to that of the Ofage, and to the Expedations which had been founded here upon the Return here'of that Vefl'el after its Voyage to France, it was, that I made that Declaration in Parliament, which I fee has been the Subject of fome Mifapprehenfion, (I will not fay Mifreprefentation) in America; that "fmce the " Termination of Mr. Rofe's Miflion, the American Government had not made any Communication here in the Shape of Remonftrance, or m a Tone ^* of Irritation." (C C( k^ : ;|i I am not aware. Sir, that there is any other Part of your Letter which requires that I ihould trouble you with many Obfervations. ; ■ • ^^ Your Report of your Anfwer to the Enquiry which 1 took the Liberty of making, " whether the Orders *'• in Council of November were known to the Go- vernment of the United States, previoufly to the Melfag'e of the Prefident propofing the Embargo, fo as to be a moving Confideration to that Mef- fage; <( •«< cc « ff •56 ; I m B i ]l I'll " Tage,' does not appear to differ in any material Degree, from my Statement of it. That your An- fwerto fuch an Enquiry was official, or authorized by your Government, 1 did not affert nor prefume. I have already faid, that it was not i ill you had iu your official Letter of the 23d of Auguft referred to what paffed in Converfation, that I fhould have thought any fuch Reference allowable on my Part ; and even then, the generality of your Reference pre- cluded me from judging correctly how much of what you had ftated in Converfation was from offi- cial Authority, how much froai your own perfonal Information or Opinion. '.% ». « 1,. You inform me, that your Anfwer to this Quef- tion was of the latter Defcription only *, but even if it were only from your individual Authority, it was very material, and was highly gratifying to learn that the Embargo, which had been fometimes repre- fented both here and in America, as the dired and immediate Confequence of the Orders in Council of November, and as produced folely by them, was, in your Opinion, " a Meafure of Precaution againft '* reafonably anticipated Peril.** The Purpofe of this Letter is not to renew the Difcuffion upon the Subject of your Propofal, but merely to clear up any Mifunderftanding which had exifted between us in the Courfe of that Difcuffion. ■ ... i . /(ti I cannot u ( y$1 ) 1 cannot conclude, however, without adverting very fliortly to that Part of your Letter, in which you argue that the Faikire of France in the Attempt to realize her gigantic Projed of the Annihilation of the Commerce of this Country, removes all Pre- text for the Continuance of the retaliatory Syftem, of Great Britain. • - it; i This Impotency of the Enemy to carry his Pro- je(5tsof Violence and Injuftice into Execution might with more Propriety be pleaded with him as a Motive for withdrawing Decrees at once fo indefcn- fible and fo little efficacious for their Purpofe, than reprefented as creating an Obligation upon Great Britain to defift from the Meafures of defenfive Re- taliation which thofe Decrees have neceflarily occa- fioned. If the Foundation of the retaliatory Syftem of Great Britain was (as we contend it to have been) originally juft, that Syftem will be juftifiably continued in force, not fo long only as the Decrees which produced it are mifchievoully operative, but until they are unequivocally abandoned ; and if it be thus confiftent with Juftice to perfevere in that Syftem, it is furely no me^n Motive of Policy for fuch Perfeverance, that a premaiure Departure from it, while the Enemy's original Provocadon remains unrepealed, might lead to falfc Conclufions as to the Efficacy of the Decrees of France, and might hold out a dangerous Temptation to that Power to refort to the fame Syftem on any future Occafion ; *. ia Refult, which not Great Britain alone, but all commercial ill .' I i'i i; ' I II i ii ( '58 ) commercial Nations are deeply imerefled in pre- venting. . I have now, Sir, only to exprefs my Senfe of the Candour and Liberality with which this Difcuffion has been conduced on your Part , and my Acknow- ledgments for the Jufticc which you render to my Difpofition to treat you at all Times with reciprocal Refpe^^, and to lift en to you with t!;e Attention to which, perfonally as w«ll as officially, you have every Claim. ' I cannot forego the Hope, that it may yet fall to our Lot to be inftrumental m the Renewal of that good Underft:anding betweon our Two Govern- ments which is as congenial to the Feelings as it is €ifi*ential to the Interefts of both Countries ; which nothing, but the forced and unnatural State of the World could have interrupted ; and which there i«, on the Fart of the Britifh Government, the moft anxious and unabated Defirc to reftore. :'/'> I have the Honour to be, &c. (Signed) George Canning. Wiiilam Pinkney Efquire, tic &c. &c. ]■■ 'zi]: *? !•' ( »59 ) No. 4. COPY of a Letter from Mr. Pinkney to Mr. Secretary Canning, dated No- vember 28th, 1808. Great Cumberland Place, Sir, Nov. aSth, 1808. T HAVE had the Honour to receive your Letter of the 2 2d Inflant, and to tranfmit a Copy of i| to my Govtrnment. I , r » - > ' ■ * . . ■ r ' . Without defiring to protrad a Difcuffion, in the Conduct of which neither your Sincerity nor mine will I feel aflbred be doubted by any one, I may be permitted to fay that the Authority under which I afted in our late Communications was not contin- gent, as you now appear to conjedture; and that the Remark contained in my Letter of the icth of Oc- tober, " that the provifional Nature of my Offer to " make my Propofal in Writing, arofe out of Cir- " cumftances," will be found explained in the fame Letter by Paflages which iininediately follf>w the Remark. • . I have faid in uiy Letter of the \ otli of 0<^ober, that '• 1 had no prccife Inftruciions" as to the " Manner of conduffling and illudriiting the Sub- " jed '' confided to my Management j but you will fufiVr hi ( 160 ) fufFer me to enter ray friendly Proteft againfl: all Suppofitions that " the Manner, the Time, and the " Conditions of the Overture" were " left to mv *' own Difcretion ;" that I had a Power " nearly " abfolute" over it ; or that it was " in a great " Meafure of my own Suggcftion." I will trouble you no farther, Sir, on this Occa- fion, than to aflure you, that nothing could give me more fincere Pleafure than to fee fulfilled the Hope which you exprefs, that it may yet fall to our Lot to be inftrumental in the Renewal of good Under- {landing between our Governments. I have the Honour to be, &c. (Signed) Wm- Pinckney. :> {L i^.^.i:\^:'.VlL ~ >^ INSTRUCTIONS T» The Honourable David M. Erjkine^ AND CORRESPONDENCE BETWEEN The Honourable David M. Erjkine^ And the Honourable Robert Smith, Iff M u LIST OF PAPERS. No. I. /^OPY of a Difpatch from ISTr. Secretary Can- ning to the Honourable- D. M. Erlkine, dated Foreign Oilice, January 23c!, 1809. No. 2. Copy of a Letter from the Honourable D. M. Erikinc to the Honourable Robert Smith, dated Wafhington, April 17th, 18-09. No. 3. Copy of a Letter from the Honourable Robert Smith to the Honourable D. M. Erfkine, dated Department of State, April 17th, 1809. No. 4. Copy of a Letter from the Honourable D. M. Erflvine to the Honourable Robert Smith, dated Wafliington, April 18th, i8'C9. No. 5. Copy of a Letter from the Honourable Robert Smith to the Honourable D. M. Erfkine, dated Departmeikt of State, April i8th, 1809. No. 6. Copy of a Letter from the Honourable D. M. Erikinc to the Honourable Robert Smith, dAted Wafhington, April T9th, 1809. Copy of a Letter from the Elonourable Robert Smith to the Honourable D. M. Erfkine, dated Departmrent of State, April 1 9th, 1 809. No. M 2 ( >65 ) PAPERS. No. I. COPY of a Difpatch from Mr. Secretary Canning to the Honourable D. M. Erfkine ; dated Foreign Office, 23d Ja- nuary 1809. Sir, TF there really exifl: in thofe Individuals who are to have a leading Share in the new Admlniftra- tion of the United States, that Difpofition to come to a complete and cordial Underftanding with Great Britain, of which you have received from them fuch pofitive AlTurances ; in meeting that Dif- pofition, it would be ufelefs and unprofitable to re- cur to a Recapitulation of the Caufes from which the Differences between the two Governments have arlfen, or of the Arguments already fo often repeated in fupport of thatSyftem of Retaliation to which His Majefty has unwillingly had Recourfe. That Syftem His Majedy mud unqueftionably continue to maintain, unlefs the Objeft of it can be otherwife accomplifhed. • ' M 3 But u ( i66 ) But after the ProfcfTion on the R^rt of fo many of the leuding Members of the Government of the Uiiited States, of a fincere Defire to contribute to that Object in a Manner which (hould render the Continuance of the Syftem adopted by the Britifn Government unneceflary, it is thought Right that a fair Opportunity ihould be afforded to the American Government to explain its Meaning, and to give Proof c f its Sincerity, The Extenfion o^ the Interdi6lion of the Ameri- can Harbours to the Ships of War of France as well as of Great Britain, is, as dated In my former Dif- patch, an acceptable Symptom of a Syftem of Im- piartiality towards both Belligerents ; the firft that has been publicly manifefted by the American Go- vernment. The like Extenfion of the Non-importation A£l to other Belligerents is equally proper in this View. Thefe Meafures remove thofe preliminary Objec- tions, which muft otherwife have precluded any ufe- ful or amicable Difcufiion. In this State of Things, it is pofTible for Great Britain to entertain Propofitions, which, while fuch iivanifcft Partiality w^as Ihewn to her Enemies, were not confiftent either with her Dignity or her In- tereft. . , From the Report of your Converfations with Mr. Madifon, Mr. Gallatin, and Mr. Smith, it ap- pears: — • tft. mi ( 1^7 ) I fl. — ^That the American Government is prepared, in, the Event of His Majefty's confcnting to with- draw the Orders in Council of January and Novem- ber i8o7, to withdraw contemporaneoullyon its Part the Interdi61ion of its Harboars to Ships of War, and all Non-intercourfe and Non-imp .rtation Acts, fo far as refpecls Great Britain : leaving them in Force with refpedt to France, and the Powers which adopt or aft under her Decrees ; — 2dly. (What is of the utmoH: Importance, as pre- cluding a new Source of Miiunderftanding, which might arife after the Adjuflment of the other y uef- tions), That America is willing to renounce, during the prefent War, the Fretenfion of carrying on in Time of War all Trade with the Enemy's Colonies, from which ilie was excluded during Peace;— •^dly. Great Britain, for the Purpofe of fecuring the Operation of the Embargo, and of the bona fide Intention of iVmerica to prevent her Citizens from trading " '73 ) to thisDifpofition, to make Atonement for the Infult and Aggrelfion committed by one of His Naval Offi- cers, in the Attack on tlie United States Frigate the Chefapeake. As it appears at the fame Time, that in making this Offer, His Britannic Majefty derives a Motive from the Equality now exifting in the Relations of the United States with the Two Belligerent Powers, thePrefident owes it to the Occafion, and to himfelf, to let it be underflood, that this Equality is a Refult incident to a State of Things growing out of diftind Confiderations. With this Explanation, as requifite as it is fnmk, I am authorized to inform you, that the PreliJeiit accepts the Note delivered by you, in the Name and by the Order of His Britannic Majefly ; and will confider the fame with the Engagement therein, when fulfilled, as a Satisfaction for the Iniult and Injury of which he has complained. — But I have it in exprefs Charge from the Prtfident to ftatc, that, while he forbears to infill on a further Puniflnnent of the offending Officer, he is not the Idl, fenlible of the Juflice and Utility of fuch an Example, nor the lefs perfuaded that it would bed comport with what is due from His Britannic Majelly to his own Honour. I have, Scc. Sec. (Signed) R. Smith. The Honourable David Montague Erfkine, &cC. &c. ( m ) No. 4. COPY of a Letter from Mr. FjflLine to Mr. Smith, dated "VVafiiingtoji, Aprifc 1 8 th, 1809. Sir, T HAVE the Honour of informing you, that His Majefly having been perfuaded that the ho- nourable Reparation which he hiid caufed to be tendered for the unauthurifed Attack on the Ame- ^ rican Frigate Chefapeake would be accepted by the Government of the United State? in the fame Spirit •, of Conciliation with which it was propofed, has in-; \ ftru£ted me to cxprefsHis Satisfaction fhould fuch • a happy Termination of that Affair take place, not 1 only as having removed a painful Caufe of Differ- ence but as affording a fair Profpe(^ of a complete and cordial Underflanding being eftablilhed between the Two Countries. The favourable Change in the Relations of His Majefty with the United States, which has been produced by the Act (ufu-jUy termed the Non-in- tercourfe Act; paffed in the lafi: Seffion of Congrefs, was- alfo anticipated by HisMajtfty, and has cncou- faged a furtiier Hope that a Reconfideration of the txifling Differeiices might lead to their fatibfaclory Aajuilment, On il < ^1S ) Onthefe Grounds and Expe£lations I am inftruQ:* cd to communicate to the American Government His Majefty's Determination of fending to the United States an Envoy invefted with full Powers ^o conclude a Treaty on all the Points of the Rela- tions between the Two Countries. In the mean Time, with a View to contribute to the Attainment of fo defirable an Objed, His Ma- jefty would be willing to withdraw His Orders in Council of January and November 1B07, fo far as refpefts the United States, in the Perfuafion that the Prefident would iflue a Proclamation for the Re- newal of the Intercourfe with Great Britain j and that whatever Difference of Opinion fhould arife in the Interpretation of the Terms of fuch an Agree- ment, will, be removed in the prefent Negocia- tion, 1 have the Honour to be, &c. (Signed) A M. Erjhin:. The Hon. Rob. Smith. ( '76 ) % No. 5. COPY of a Letter from Mr. Smith to the Honourable D. M. Erlkine ; dated Depart- ment of State, 1 8th April 1809. Sir, - — ^HE Note, which I had the Honour of receiving from you this Day, I loft no Time in laying be- fore the Prefident, who, being fincerely defirous of a fatisfaflory Adjuftment of the Differences unhap- pily fubfilting between Great Britain and the United States, has authorized me to aflure you, that he will meet, with a Difpofition correfpondent with that of His Britannic Majefty, the Determination of His Majefty to fend to the United States a Special En- voy, inverted with full Powers to conclude a Treaty on all the Points 01 the Relations between the Two Countries. . ' ■!l: I am further authorized to aflure you, that in cafe His Britannic Majefty fliould, in the mean Time, withdraw His Orders in Council of January and November 1 807, fo far as refpec^s the United States, the Prefident will not fail to ilTue a Proclamation, by virtue of the Authority and for the Purpofes fpecified in the Eleventh Sedion of the Statute com- monly called the Non-Intercourfe Act. I have the Honour to be. Sir, &c. (Signed) R, Smith. ( 177 ) No. 6. COPY of a Letter from Mr. Erlkine to Mr. Smith, dated Walliington, April 19, 1809. Sir, I — i N confeqnencc cF the Acceptance by the Prefi- dtiu, as flatcd In your Letter dated the i8th Inrcant, - F the Propofali made by me on the Part of HisMy.iefty, in niy Lett^ r of the faa:e Day, for the R^ntwal of the Irtcvcourfe between the rcfpec- tive Countries, I au: au^'^^rlzed to declare that His Majefty's Orders in Com. :il of i aiuary and No- vember 1807, will I.T-JQ been withdrawn, ^o iar aa refpeas the United &i» ■/A '/ Hiotographic Sciences Coiporation 23 WEST MAIN STREET WEBSTER, N.Y. US80 (716) 872-4503 S. ip V iV \\ [V ^1^ ^^I^ ^^ '<*, yj O^ !^ ( 178 ) No. 7- COPY of a Letter from the Honourable Robert Smith to the Honourable D. M. Erfkine ; — dated Department of State, April 19th, 1809. Sir, TjrAVING laid before the Prefident your Note of this Day, containing an Aflurance that His Britannic Majefty will, on the loth of June next, have withdrawn His Orders in Council of January and November 1807. fo far as refpedls the United States, I have the Honour of informing you, that the Prefident will accordingly, and in purfuance of the Eleventh Sedtion of the Statute commonly called the Non-intercourfe A61, iffuc a Proclamation, fo that the Trade of the United States with Great Britain may on the fame Day be renewed, in the Manner provided in the faid Sefiion. I lijave the Honour to be, &c. (Signed) jR. SnM, The Honourable D. M. Eiikine, &c. &c. &c. -V^ "^^i^^^^ ii INDEX. jiMERICA, Documents proving feveral iniprefled Men to be Citizens of, i8 — 20. The FreHc'ent of, oil-rs to renew the Intercourfe on Greut Britain's withdraw lug ceriain Orders in Council^ 178. B Barron^ Commodore, las Arcoimt of the Attack on the Chefa- peake, 2 J — 2 liis Aiu'wer to the Captain of the Chefa- peake, refpcilmg Deferters^ 25. Canning^ Mr. informs ]\Ir. Monroe, of ■\ Tranfa£lion between a Britiih Ship of War and an Airtrican Frigate, 1. Ex- prcflcs his Concern for the Refnlt, 2. Offers Reparation to the American Gover;'ment, ihid. Requffls Information refpeding an unoiScial Ccpy of an Americar Proclamation, 46,47. His Peply to Mr. Monroe ref}»e6liiitr tuo Right of Search for Defertrry, and the Attack ou the Chefapeake, 47 — 58. Recapitu'atcs the feveral Conferences with Mr. Pinkney, 116 — 121. His Remarks on written State- ments, 146—1.^8. ilis Indrudlions to Mr. Erflcine, re- lative to hiaMiflion, 165 — 169. N a Chefapeake, INDEX. Chefapeah, Remouflrance relative to the Attack on the^ il — I'/. Commodore Barron's account of the Attack on the, 3 J — 23. liiit of the killed and vvounrkd in the Attack on the, 26. Survey of the, sG-— 29. Extract from the LiOg Look of the, ay, 30. Dv'^poniions rcfpe6ting the Attack on the, 42 — ,.}4. Reparation offered for the At- tack on the, 170; which the American Government is willing to accept of as a Satisfaction, 173. ^ D Documents proving feveralimpreffed Men to be Citizens of Aitte- rica, ii> — 20. ; . E Erjkine, the Honourable D. M. Inftruftlons to, refpecling his Miffion to the Ar.icrican Government, 165 — 169. Offers Reparation for the Attack on the Chefapeake, i 70* France, its Impotency in carrying her Proje£l» into Execution agaiuft Britifli Commetce, 157. Great Britain, King of, never afferteda Kight to fearch Foreign Ships of War for Deferters, 6. Offers Reparation for the Attack on the Clitffapcake, 170, 171. His Determination to fend an Envoy to the LUiiied States to conclude a Treaty, 175. Leopard, the Rcmonftrance refpcdling her Attack on an Ame- rican F:i, ale, 3, 4, ii — 17. Letter fiom the Captain of, refi«iSting Defeitcrs, 24. Madtfon, '■■■ ■■ t INDEX. M JifaS/on, Mi'. hU Anfwcr to Mr, Rofc refpei^ing th(? Difffm ences fiihfiftiiv^ betxveen the two Governments, 72—93. Mar/in, D imprclfcd by tbe Britifti, 19. Document proving him to be aa American, ib'ul. Account of his Efcape from the Mclampu3, 2c. Depofitions proving him to be an Ameiican Sabje6t, 31 — 34. Melampusy Account of the Efcape of Three Americans from the, 20. Monroe, Mr. His Remonflrance refpefling the Attack of the Leopard on an American Fiigate, x, 4, 61 ; and on the Imprcflinent of Seamen from American Veflels, 59, 60. o Orders in Counctly Conditions on which His Britannic Majefty will withdraw thein with refpeifl to America, 167, i75» 177- Pkhney, Mr. ObAnvations on his feveral Conferences with Mr. Canning, 122 — 145. Rofe, Mr. his Letter to Mr. Madifon, elucidating his Miffion to the United States, 6S — 72. His Realons for not eQ» teiing into the Terms of the Negociation, 54 — 96. Strachan, J. Documont proving him to be an American, 19. Impreffcd by the Britifh, Hid, Account of his Efcape from the Melampus, 20. ' '■*' > ' . Wars^ INDEX. W Warti W. ««ipreffed by the Britifli, (8. Documents jM-oviag him to be an American, Wti. Account of his Efcape from the Melampus, 20. Depoiitions proving him to be an Americaoy 34-~'4^' FINIS. ^;^ Printed I17 A. Stn1in» PMattnStr«et| Loadoa. [M'oviag )e from be an « • • . ; £ „ J'