wtnir?. ' ran PUBLISHED (wkeklt) ST AlLMAUD TUESDAY, FEBRUARY 11, 1806. flo. 475. 4X Yoiuxt X. mm 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. tv .1 1 1 V i if 5 if