wtnir?. '
ran
PUBLISHED (wkeklt) ST AlLMAUD TUESDAY, FEBRUARY 11, 1806.
flo. 475.
4X
Yoiuxt X.
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mem
ri
Jl -1L1LV
. . v.
J-
;y MESSAGE, , -V.--?
trm thtT President of the United States re
specting the violation of the neutral rights i
the depredations- on the colonial tradey and
impressment of American Seamen,
T the Senate and House of V
. Representatives of the 17. States V :
In my message to bothTHotises of Congress,
at the opening pf their present, session, I
submitted to their attention, among otter
subjects, the oppression of our .commerce
and navigation by the irregular practices of
armed vessels, public ahil private, and by the
introduction of new principles, derogatory
of the rights of neutrtils, -and unacknowledg
ed by the usage of nations .
The memorial of teveral bodies of mer
chants of the United States are now .commu
nicated, and will deVelope these principles
and, practices, which "are producing the
most ruinous-.effects" on. our lawful com
merce arid navigation. '
The right of a neutral to carry on commer
cial intercourse with every part oftfce domi
nions of a belligerent, permitted by the laws
, of the country (with the exception of block
aded ports, and contraband of war) was be
lieved to have been decided between Great-
Britain and the United States' by the sen-
icnce i ineir commissoners, mutually tp
pointed to decide on that and other questions
' of difference between the two nations; and
by theactual payment of the damages award,
ed by them against Great-Britain,' for the
.... infractions of. that right. 1 When, there
fore, it was preceived that the same princi
ple was revived, with pthert more novel,
and extepding the injury, instructions were
- Riven to the minister plenipotentiary of the
United States at the court of London, and re
monstrance duly made by him, on this sub
ject, as will appear by documents transmit
ted' herewith. . These were followed bv a
partial and temporary suspension only, with
out any disavowal of the principle. He has,
therefore, been instructed to urpe th'rs' sub
ject anew, to bring it more fully to the bar
of reason, and to insUt on lights too evident,
and too important to be surrendered. In
the mean time, the evil is proceeding under
adjudications founded on the principle which
. is denied. Under these circumstances the
subject presents itself for the consideration
of congress.
. , On the impressment of our seamen, our
remonstrances have never heen intermitted.
A hope existed at one moment, of an ar-
rangement which might have been submit
ted to, but it soon passed awat, and the
practice though rchxed at times in the dis
tant seas, has been constantly pursued in
those in our neighborhood. The grounds on
which the reclamntions on this suhiect have
been urged, will appear in an extwt from
instructions to our minister at London, now
communicated.
TH JEFFERSON'.
fat. 17, 1806.
DOCUMENTS.
Extract ef a letter from the secretary of stale
to Jtmes -Munroe, Lsc, dated,
DiFJMTilMNTof SfATC, Abrtl 12, 1805.
44 The papers herewith Inclosed explain
particularly the cite of the brig Aurora.
" The sum of the case is, that whilst
Spam was at war with Great-Britain, this
vessel, owned by a citizenef the United States,
brought a cargo of Spanish produce, pur-
chased atthc Hava&ns, from that place to
Charleston, where the csrguwat landed, ex
cept an insignificant portion of it, and the
duties paiJ, or secured, according to law,
in like manner as they are required to be
paid, or secured, on a like cargo, from what
CTcr porVnc,nt for borne cousuropiljn that
(he cargo remained on land about three
weeks, when it was reshipped for Barctlonifi
, in old Spain, and the duties drawn buck, with
a deduction of three and a half per cent, as is
permitted to Imported articles in all esses, at
any time within one year, under certain re
futations, which were pursued in this case;
that the fesici was taken on her Toysrje by a
British cruiser, and sent for trial to New
foundland, alert tie cargo condsnmed
by the aourt ef rice-admiralty i andihatthe
taasc was tarried thence, by appeal, to
Great-Britain, where it wss apprehended that
the sentence below would not be reversed.
The ground of this sentence was, and that
ef its confirmation, if such be the result,
roast be, Jhatthe trsde in which, the tern!
was engaged was unlawful, and this unlaw
fulness mutt rest, first, on the general prin
clple assumed by Great liriia in, that a trade
from a colony to ill patent country, being a
trsdt not permitted to other nations In tin
f peace, cannot be made lawful to them in
"time of war; secondly, on the allegation
that the continuity of the voyage from the
llsvanna to Barcelona ws not broken by
landing the cargo in the United States, pay.
log the duties thcrtvn,end thus fulfilling the
kgl pre-requisitiet to a hm consumption
and, therefore, that the cargo wss lulled
to condemnation even under the British re
gulation of January If93, which so far re
laics the rrncraJ brimiple ss to allow a d'-
rect trade between a UUiijtrtnt colony, and
t Bcutral cauutry carrying eu such a trade.
"With rcsnect to the general principle
which disallows to neutral nations in time
of war, a trade not allowed to them in time
of peace, it may be observed. .
t irst, ,1 hat he rtnGrpiejv; j
date ; that it is maintained, as ijr uelievea,
bv no other nation but Great-Britain ; and
, that it was assumecLby her underdhe aus
pices of a maratime ascendancy, which ren-
. 1 . .'. fr .-.Unit
clcrctl such a principle uusei vicuv. i
navicular interest, ihe history of her regu
lations on this subject, shews that they 'have
-i ..ii.. , T.UCl itnrtMi the Influence
UICll UlllllMli iiiuiiiuixi u"i
of that consideration. The course of these
modifications will be seen in an appendix to
the fourth volume of Robinson's Admiralty
Reports. . '
Secondly, That the principle is manifestly
contrary to the generalintercsl of commer
cial nations, as well as to the law of nations
settled by the most approved authorities
which recognises ntrrestrainis on me uauc
of nations riot at war, with nations at war, o-
ther than that it shall be impartial between
the latter, that it shall not extend to certain
military articles, nor to the transportation
of persons in military service, nor to places
actually blockaded or besieged.
. Thirdly, That the principle is the more
contrary to reason and to right, inasmuch
as the admission of neutrals into a colonial
trade shut against them in times of peace,
may, and often does, result from considcra-'
lions which .open to neutrals direct channels
of trade with the parent state, Bhut to them in
timrs of peace, the legality of which latter
relaxation is not known .to have been contes
ted; and inasmuch as a commerce' may be,
and frequently is opened in lime of war, be
tween a colony arid other countries, from
considerations which are not incident to the
war, and which would produce the same ef
fect in a time of peace ; such, for example,
os a failure or dittiunitinn of the ordinary
sources of necessary supplies, or new turns
in the course of profitable interchanges.
Fourthly, That it is not only contrary to
the principles and practice of other nations,
but to the practice of Great-Britain herself.
It is well known to be her invariable practice
in time of war, by relaxations in her naviga
tion laws, to admit hctitrals to trade in chan
nels forbidden to them in times of peace ;
and particularly to open her colonial trade
both to neutral vessels and supplies, to which
it is shut in times of peace; and that one at
least of her objects, in these relaxations, is
to give tohertradee immunity from capture,
to which in her owti hands it would be subject
ed by the war. ' ,
Fifthly. The practice which has prevailed
in the. British dominions, sanctioned by or
ders of council and an act of parliament,
39 G. 3. c. 98. authorising for Britith sub
jects a direct trade with the enemy, still fur
ther diminishes the force of her pretentions
for depriving usofthe colonial trade. Thus
w e see in Robinson's admiralty reports pas
sim, that during the l.nt war, a licensed com
mercial intercourse prevailed between Great
Britain and her enemies, France,' Spain and
Holland, because it comprehended .articles
necessary for her manufactures and agricul
ture ; notwithstanding the effect it had in o
penmg a rent to the Surplus productions of
the others. In this manner she assumes to
susjiend the war ittc'lf as to particular t bjects
ol trade benrficia! to herself; whilst she denies
the right of the other belligerents to supcnd
thr'ir acrustomed commercial restrictions in
favor of neutrals. Put the injustice and in
consistency of licr attempt to press a strict
rule on neutrals, is more foiciUy displayed
by the nature of the trade which isopenly car
ried on between t he colonics of Grrat-Uritniii
end Spain in the Wtst-lndits. The iw!e
of it is detailed In the enclosed copy of alcl-
ler iioro , wntrcin u
wrVibe seen that American tefl and car
oes,sftcr being condemred in Brilhh courts
under pretence of illicit commerce, are sent
on British account', to the emmies of Great
Britain, if not to the very pott of the destina
tion interrupted when they, were American
property. hat respect can be claimed
from others to a doctrine not only of so re
cent an origin, ai.J enforced with so little
uniformity! but which is so conpicuouly
disregarded in practice by the nation itself,
which Hands alone in contending for it ?
Sixthly. It Is particularly worthy of alien-
tion that the board f cmrr'usontrs jointly
constituted by the British and Americsn go
vemmrnts under the sevtnth article of the
treaty cf 1754, by reversing condemnations
of the British rouris (oundid on the British
instructions of Noveroher, IT93, condemned
the principle, that a Trade forbidden to neu
trals in time of frsre, could not be opened to
them in time of war; on which prtcie prin
ciple these Instructions were fmindcd. Ami
as the re vrrsal could be fmiHed by no other
authority than the Isw wf nations, by which
they were guided, the law tfrntlrnv accor
dio to that joint tribunal, crndcratis the
principle here comhatied. Whether the
BritWh commissioners cottcurrtcUn tl.ce re
versals docs hot apprsrt but whether lhey
did or did not, the drf iion was rnually bin
ding andaffwrdia prrirdent which could
nyt be diirtspccud 1 a like succccdirg tri
bunal, and ought not to be without, great
weight with both nations, in like questions re
curring between thrm.
On these grounds the U. S. may justly
regard the British captures and condemna
tions of neutral trade with colonies of the e-
.nemies pf Great-Britain as violtttions of right j
and if, reason, consistency, or that sound
i- , - . i : ... .s.u--.i':
ptHtcy wnicn cannot u ai varicincc wiui ci
ther, be allowed the weight which they ought
to have, tho British government will feel suf
ficient motives to, repairthe wrongs done in
such cases by its cruisers and courts. -,
y. But; apart from ..this general yibw of the
subject refusal to, indemnify the sufferers,
in the particular case of the Aurora, desti
tute of every pretext because,' in" the se
cond place, the . continuity of heroyage
wis cU'Kfty , and palpably broken, alid .the
Wde converted tifloa iiew chrcter. -
It has been already noted that the British
regulation of 1798, admits a direct trade in
time of war between a belligerent colony and
k neutral country carrying on the trade ; and
admits consequently the legality of the im
portation by the Aurora from the Hayanna
to Charleston. Nor has it ever been preten
ded that a neutral nation has not a right.to
re-export, to any belligerent country whate
ver foreign productions, not contraband cf
war, which may have been duly incorporated
and naturalized, as part of the commercial
atock of the country re-exporting it.
v The question then to be decided under
the British regulation itself, is whether, in
landingthe cargo, paying the duties, and
thus as effectually qualifying the articles for
the. legal consumption of the countiy, as if
they had been ii native productionsjht-y
were not at the same time ' equally qualified
with native productions for exportation to a
foreign market. That such ought to be the
decision results irresistibly from the follow
ing considerations.
I. From the respect which is due to the
internal regulation of every country, where
they cannot be charged with a temporizing
partiality towards particular belligerent par
ties or with fraudulent views towards all'of
; them. The regulalionsof the U.S. On this sub
ject, must be free from every possible impute
tion; beingnot only fair in their appearance
but just intheir principles, and having coming
ed thesanre during the periods of war, as
they were in those of peace. It may be ad
ded that they probably correspond, in every
essential feature relating to re-exportations,
wtk the laws of other commercial cruutrics,
and particularly with those rf Grel-Britaic
The annexed outline of them, by the Semta-
ry otthe t reasury, will at once explain their
character, and shew that, in the case of the
Aurora, every legal requisite was duly com
plied with. . ...
2.- From the impossibility of substituting
any other admissible criterion, than that of
landing the articles, and otherwise qualify
ing them for the use ot the country. If this
regular and customary proceeding, he not a
barrier against further enquiries, where, il
may be asked, are the tnrrjirits to stop? By
what evidence are particular articles to be
identified on the high seas, or before a fo
reign tribunal? If identified, how is it to
be ascertained whether ihey were imported
with a view to the market at home, or to a fo
reign market, or as ought always la be pre
sumed, to ihe one or the other as it should
happen to invite f Or if to a foreign market,
whether to one forbidden or permitted by
the British regulations f For it is to be re
collected that among the modifications which
her policy has given to the general principle
asserted by her, a direct trade is permitted
to a neutral carrier from a belligerent clor.y,
to hef ports, as well as' to those of -his ov n
Mintry.Jf, sgain, the .landing of the goods,
and the pay mrnHif duties be not sufficient to
break the continuity of the voyage, what, it
may be asked, is thfc decree of internal
change or alienation which will have that ef
fect? May iwt a claim be set tip to trace
the articles frem hand lo hand, from ship to
ship, in the same port, and even from one
port to another port, as long as they remain
in the country? In a word, in departing
from the simple criterion provided by the
country itself, for Us own 1r jriiimatc and per-
I maneni objects, it Is obvious that besides
I the tlclakations which micht be committed
on our carrying trade, pretests will be piven.
id cruisers lor endless vexations on our
commerce at large, and that a latitude and
delayi will accrue in the distant twoceedins
of admiralty courts, suit more ruinous and
intolerable. .
.1. From the decixirm in the BritWli 1,5 tb
court of admiralty itself, given in the cse.f
the VisMy, J Jsky, master, by a judge deer
which cannot be auinet ted of leai.intr tow in!i
doctrines unjust or injurious to the righ's of
bit on country l; that occasion he ex
pressly declares " It it not my business to
asy what is universally the tet f a bona
fids irapnrta'ion t it is agreed that it would he
sulacirnt that the duties should he raid, and
thst the cargo thmild be landed. If Ure
criteria are tmttobe resorted to, I should be
at a n to Lnnw wtibt hnoU t. i H ,
andl am strongly diluted to J-o!d, Ut it
would be sufficient, that the goods should be
landed and the duties paid." 2 Rob. Rep. p, ,
,1868-9. . ; -. , ' ' ,.-
The president has 'thought it proper tat'
j the subject as is here sketched ; that '$$1
!.( may make ihe use of it best suited to jbe" ;
' occusion. If the trial of the Aurora should' :. .
i not be over it is quesuonable;whethcr the go
. Tcrnment will liiterfereviil? its cqurts.
j Should, tbe' trial be.ovtr and the , sentence f of
the.vice-admiraity .crHirtat.Su Johni have .
been confirmed, you. are to lost ro time in
prescntinK to the British irovelhiinent- a re
presentation corresponding with the scope of
these observations : and in urging that re
dress, in the case, uhicii is equully due to pri
vate justice, to the reasonable expectations
of the United Stu'ea, and to that conBdimce
srnd htrmony, which ought to ,be ' chemhed
between the two nations.
V i jv MESSAGE
From the President, fif the United States, trans
wilting documents and papers relative to com
plaints by the government of France, agaixt
the commerce carried on by American citizens
to the Frenilt Island cf St. Domingo. ,
Is Senatk or the United Statkj, ,
January 10,' 1806.
Read, and ordered to lie for consideration.
7'o the Senate of the United States.
IN compliance with a request of the senate,
expressed in their resolution of December 27,
I now lay before them suclvdocumenjs ancjl
papers (there being nq. othe-ltTformation n
my possession') asrclnte to complaints by the
government of France, against the commerce
carried on by the citizens of the U. States, to
the French Island of St. Domingo.
Til: JEFFERSON.
January 10, 1806. ' " ' , .
From General Turreaii to.the Secretary cf State
- October U, 1805.
The undersigned minister plenipotentiary
of his imperial and royal majesty, to his tx
cellency the Fresident of'thc United States
of America, has testified in his conversation
with the secretary of s'ate. lis just discontent
with the commercial rrh-tions, wl ich numy
citizens of the diffr-rrnt states of the un;on
mainhiin with ihe rebel- of every color, who
have inomenatily withdrawn the colony of
St. Dnmino from the leersl snthoritv.
The principles ini'ii jonsly aff. cted hy such
i commcr"ce, or rntjcr ly such a system of
robbery (brig indatre) are so evident, so ren
erollv acknowledged, and adopted nt ridy ly
nil nations, who havr a rnlori.il syv'em to de
fend, but even hy those who have i.i.ne ; and
moreover evrn by evcrv wie pr-nple io what-
ever political agnrepation they mnv htlri g;
that the statesman, if he has not joM ee;y
idea of jiiMice, of hirhaniv, and rf r.'.;ic
Iw, can no more contest thrir. wi-dom. limn
their existfr.ee. And rertvnlv e- Xirfier.
sienid, in finding bimfelf cn!le! hv l isdiirt
as well ss by his inclination., in the bosom -f
a friendly people, and near the rerectoMe
chief who directs its government; rertairlf
the undersigned oufht not to have expertrd
that his first prjiticaj rtlationt would htve for
their object, a toinplpint so serious, an in
fraction so mamfrst nf lm, the moft sarred.
and tt Ut observed hy every nation tinder
the dominion of ci vilifaiinn. '.""'
But it was not enough for some ritlwn r f
the United Spates, to convey munition rfe
very kind to the rebels of St. I)r,mine6, to
that race of African slaves, the reprrnrKtnd
the refuse of nature ; it wrs member re
cenary to inure the tucres of this Igrrllo
and criminal tn.fr,r by the n$e f ferret
The vessels !est'u-fd to prctrrt it art ren- .
atrycttd, loaded, srmrd. in sllthe.pf.rls. of the
tmion,' under the-ejes Vf'lTe Afrcrirtn pro-"
pie, of it particular siuhr rity. and of the fc
deralovcrnmrni itself ; and this cote rnnvnt,
which bastakrn forthe basis t.r Us political
csreer, the mr-M scmpulcus equity, mdtl e
mot impartial ncutrall'r. dots rot f.rtid iu
Without e'oubt, snd nrtwilhstanding tH
profound consideration, with wl.irhlhe min
itcr plcnipottMlary of the Titm-h tmpi-e if
pcncUatcd for the gotfrrrnenl of the onion
he might enlarge a'.ill farther cjion ihe re.
Rect'ions suggested by aurb a state eft Mors,
a circumstatirs so imponsi.t. o unesrfcted.
But it would beeqtislly ss tftlicting for liim
to dwell vH,r It, lo state its conequcnre,
as It would be forthe government to bear
bim. The Secretary of state, who ptrfccilf
knows the juitire of the principle, snd h
IcK'uimacy of the rights, rtfertd to in this
rpe, wi be of opinion, list tit ItUrsrt sns.
cc ptille of dicuMion j Ucause a prinripla
uiuversally asientcdto, a tight gnerallr ft.
(aui.si.rc, it nrm il.truMcJ, or at lean it
diKiied in vsin. The oi.ly way on for
tic ted'fMcf i!icie tompU'ttts, it to put o
endtothi-tnleranre which products thrm,
and which dZf agrsutct these consft.ucn
cra. Mortotrr this rote, founded rpon facts
not lest evident than fl.e prir.clples which
thry Infract, does hot jrmit the undrriign.
ea in 69Uwt thst the gowrnment t.f tl Urd.
ltd States will take Ihe rm.tt promptf ss tl
at IbcmoH cffctul jrobiVii'.vr mcsiurcs.
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