-r VIT- : i . ..' -i, . FRIDAY, NOVEMBER 22, 11 1. 11 .V'?3r ' &tatr papers. DOCUMENTS , .''CCootinued.3 COTIREPONDENCE Sctvcc Moro Md Mr. rtrr( o tb rabjct ( tk ORDERS JX COUA'CtL. P.. FOSTER TO MB. MONROE. traMbintfrn fuh 16, 18li. ' Sm I had the honor to receive the Ieter which you addressed to we under yesterday's date, requesting an explana tion frofo mu n consequence of my let ters of the 3d and 14h mit. ol the pre ciie extent in which a repeal of the French decrees is by his Majesty's go tinmen made a condition of the repeal of the British orders and particularly whether ihe condition embraces the sei zure of vessels and merchandize enter ing French ports in contravention of the French regulations, as well as the cap ture on the high seas of neutral vessels and their cargoes, on the mere allega tion that ihey arc bound toor from British ports, or ibttbey have on board British productions or' manufactures ; as also, stating that in your view of thd French decrees they compromise regulations essentially different in "iheir principles, some of them violatingthc neutral rights of the TJ. States, others operating against C. Britain without any such violation. You will permit tnr, sir, for the pur pose of anwering your qucsiionsas dear ly and concisely as possible, to bring in to view the French decrees themselves. together with the official declarations of the French Minister which accompanied trura. In the body of those decrees, and in the declarations alluded to, you will find, sir, express avowals that the principles n which thev were founded, and the i I minemles contained in them, are whollv new. unbrcctdented. and in direct oppo- aition to all idcasof iusrice and the prin. dptes and usjges of all civilized nations. The French gTeroraen; did Dot pre tend to say that any one of the regula tions contained in these decrees was a regulation. which France hid ever been in the previous practice of. V Thry were conieqoently to be consi dered, & were indeed allowed by France herself io belj of them, parts of a new tys'teoYcf warfare, unauthorised by the established laws of nations. : 1: is in ihii light in which France her self has placed her decrees, that Great Britain is obliged to consider them. The submission of neutrals to any re gulations madr oy France, authorised by the laws of nations and practised in for mer wars, will never be complained of by Great Britain ; but the rcgultins of the Berlin and Milan decrees do and are declared to violate the laws of na tions and the rights of neutrals, for the purpose of attacking thro' thrm the re sources of Great Britain. The ruler of France has drawn no distinction between any of them, nor has he declared the cessation of any one of thm in the speech which he so lately addressed to he deputation from the free imperial llanse .Towns, wmch was on the con trary a conSrmation of them all. No until the French. decrees, there, fore, shall be effectually repealed, and thereby neutral commerce be restored to the situation in which it stood previ ously to their promulgation,can his Roy al Highness conceive himself justified, consistently with what he owes to the safety and honor of Great-Britain, in foregoing the juU measures of retalia tion which His Majesty, in his defence, was necessitated to adopt against them. 1 trust, sir that this explanation in answer to your enquiries will be consi-J dcred by you sufhrientljr satisfactory ; shou'.d you require any furthtr, Ic which it may be in my power to give, 1 1 shall with the greatest cheerfulness afibrd it. I sincerely hope, however, that no further d'lay will be thought necessary by he PreWent in restoring the rela tions of amity which should eveV subsist bewen America and Great Britain; as the delusions attempted by the govern ment of France' have now been made manifest, and the perfidious plans of i's ruler exposed ; by which be adds toa d aggravates his system of violence agains neutral trade, he endeavors to throw all the odium of 'his acts upon Great Bri tain, with a view to engender discord between the neutral countries and the only power which stands up as a bul wark against his efforts at universal ty ntAny and oppression Excuse rae, sir, if I express my wish as carlr as po&ible to dispatch His M. tesry'a Packet boat with the result, of our 'communications, as nis majesty s tioTernment will necessarily oe racai anxious to hear from me. Any short period of time, however, which may ap pear to you to be reasonable, I will not hesitate to detain her. MR. MOHBOI TO MR. FOSTER. Department efJSiatt, July 23, 1811, Sir I have submiued to the Presi dent your several letters of the 3d and 16 h of this month relative to the Bri tish orders In council and the b!ock2de of May, 1806, and I have now the hon or to communicate to you his sentiments on the view which yoif have presented of those measures of your government. It was hoped that your communica tion would have led to an immediate ac commodation of the differences subsis ting between our countries, on the ground, on which alone it is possible to meet you. It is regretted that you have confined yourself to a vindication of the measures which produced some of them The United States are as little dispo sed now as heretofore to enter into the question concerning the priority of ag gression by the two bclugeients, which could not be juslifi-d by either, by the priority of those of the other - But as you biing forward that plea in support of the orders in council, I must' be per mitted to remark that you have yourself furnished a conclusive answer to it, by admi ting that the blockadeof May 1 806, which was prior to the nrst of the rrench decrees, would not be legal, unless sup ported through the whole extent of the coast, from the Elbe to Brest, by an ad equate naval force. That such a naval force was actually applied and continued in the requisite strictness until that bloc kade was comprised in and superceded I . . A . y e orders oi ovrmuci oi nt c frl- Mowing year, or even until the French decree of the same year, will not I pre- sume be alledged But waving this question of priority, can it be seen without both surprise and regret, that it is still contended, that the orders in council are justified by the principle of retaliation, and that tfyis principle is strengthened by the inability of France to enforce her decrees. A retaliation i in its name, and its essen tial. character, a returning like for like. Is the deadly blow of the orders in coun cil against one half of our commerce, a return of like for like to an empty threat in the French decrees, against the other half ? .It may be a vindicative hostility, as far as its effects fall on the enemy. But when falling on a neutral who on no pretext can be liable far more than the measure of injury received through such neutral, it would not e a retalia tion, but a. positive wrong, by the plea on which it is founded. ' ' It is to be further temarked that the orders in council went even beyond the plea, such at this has appeared to be,' in rxtending its operation against the trade like Rutia hid not adopted the Fench decrees, and with all nations which had merely excluded the British flag ; an exclusion resulting as rnatter of course with respect to whatever nation G. Bri tain migh happen to be at war.- . I am far from viewing the modifica tion originaUy contained in these orders, which , permits neutrals to prosecute their trade with the continent, through Great Britain, in the favorable light in which you represent it. It is impossi ble to proceed to notice the effect of this modification without expressing our as tonishment at the extravagance of the political pretension set up by it ; a pre tension which is utterly incompatible with the sovereignty. and independence of other states. In a commercial view it is r ot less objectionable, as it cannot fail to prove destructive to neutral com merce. As an enemy, G. Britain can not trade with France. Nor does France oermit a neutral to come into her ports from G.' Britain. The attempt of G. Britain to force our trade through her ports,: would have therefore the com mercial effect of depriving the U. States altogether of the market of her enemy fof thcir productions, and ordestioying their value in her market by a surcharge of it. Heretofore it has been the usage of belligerent nations to . carry on Jheir trade through the intervention of neu trals ; and this bad the beneficial effect of extending to the former the advanta ges of peace, while suffering under the calamities of war ' To reverse the rule, and to extend to naliona at peactthe Ga llamities of war, Fsa change as novel & extraordinary as tt is at variance with justice and public law. ' ! Against this unjust system, the Unit ed States entered, at an early period, their solemn protesU They consider ed it their drr.v to evince to the world their high disapprobation of it, and theyt nave aone so by such acts as were aeemr ed most consistent with the rights' and polics . of the nation. Remote from ihe contentious scene which desolates Eu- rope, it has been their uniform object to avoid becoming a potty to the war. With this view they nave endeavored to j merely in the enforcement ot tne non culiivate friendship with both parties by 1 importation act against G. Bntain, in a system of conduct which ought to have produced that effect. They have done justice to each party in evcy transac tion -in which they have been separat'ly engaeed with it. They havr observed ihe impartiality which was due to both as belligerents standing on equal ground, having in no instance given a prefer ence to either at the expence of the o- ther. They have borne too with equal indulgence injuricfrbm both, being willing while u was possible to impute them to casualities inseparable from a cauc of war, and not to a deliberate in- tention to violate their rights, and even when that intention could not be mista- k-n, they have not lost sight of the ul- timate o'jicct of their policy. In the measures to which they have been com pelted to resort, they have in all respects maintained pacific relations with both parties. The alternative presented by their late acts, wa3 offered equally to both, and could operate on neither, no longer than it should persevere in its aggressions on our neutral rights. 1 he embargo 5c non-intercourse,w.Te peace ful measures. The regulations which they impostdon our trade were such as any nation might adopt in peace or war, wunoui ouence io any omcr nauon.- 1 he non-importation is of the same cha racter, and if it makes a distinction at this time, in its operation between the belligerents, it necessarily results from a comniiance oi one witn ine oner m iae to both, and which is still open to the compliance of the other. In ihe discussions which have taken place ori the subject cf the Orders in Council and blockade of May 1806, the British government in conformity to the I principle on which the Orders in Coun-1 cil are said to be founded, declared that they should cease to operaie as soon as France revoked her edicts. It Was sated also, that the British govern- ment would proceed pari passu, wi Ii the government of Fi ance, in the revor I cation of her edicts. I will proceedUo anew that the obligation on Great-Bri- tain to revoke her Orders is complete, according to her own engagements, and I that the revocation ought not to be Ion- trer delayed. II Rv the act of Mav 1st, 1810, it is pro- vided, " That if either Great Britain or France should cease to violate the neu- tral commerce of the U. States, which fact the President should declare by proclamation, & the other party should f not within three months thereafter re voke or .modify its edicts in like manner ; that then certain, sections In a former act interdicting the commercial inter course hetween the U. States and G. Britain and France and their dependen cies, should from and after the expos ition of three months from the date of the proclamation, be revived ahd have fu l force against the former, its colonies and dependencies, and against all arti cles the growth, produce, or manufac ture of the same." The violations' of neutral commerce alluded to in this act were such as were committed on the high seas. It was in the trade between the U. States and the British dominions, that France had vio lated! the neutral rights of the U. States, by her blockading edicts. , It waswuli the trade of France and. heialljes jthat G. Britain had committed, Similar vibla lions by similar edicts. It was the rt location of those edicts, so far asthey committed such violations, .which the U. Slates had in view, when they passed the law bf-May 1st, 1810. Oathe 5th of August, -l 8 10, the French minister of Foreign'; Affairs addressed a note to the Minister Plenipotentiary of the U.j States at Paris, informing htm that the decrees of "Berlin and Milan were re voked, the revocation fo take effect on the 1st NvvemJcr following: that the measure had been taken. by his govern-' merit in confidence that tbt Britisty go vernment would .revoke T(s Onlersj and renounce its new principles of blockade, or that the U, 6 tales would causa their I rights'tobe respected, conformably to Ihe 'sct of MayiUt, j I j This measuri olthe French govern ment was founded "on theflaw of'May 1 St, 1 8 1 d, as is expressly declared in the letter of the ,'Uuke ot Laaore ,an nouncing it. Tedicts of G. Britain, the revocation of which - were expected I States should cause heir rights II respected, in case iGJ Britain should not revoke her edicts, i were -Iikewjstto pe fDund in the same ict. . They consisted that unexpected ahd improbable contm- ttency. i 1 heletter.of the 5th August, w men announced the revocation of the French decrees was communicated to mis go verriment, in consequence of which the President issued a proclamation on the 2d of Nov. the day after that' ort which the repeal of the French decrees wis to Mtake tffect,un which he declared, I that 11 all the restrictions .imposed by the act of I May Jst, 18 10, should cease and bedis continued in relation to France and her I ( dependencies. It was a necessary con f sequence of this proclamation, also, that if G. Britain did not revoke her; edicts, the noft-importatiori act would operate Ion her at the end of three months. This actually took place. She declined the revocation, and on the 2d Feb'y last that I iw took effect. In confirmation of the proclamation, an act of Congress was passed on the 2d .of March following. G. Bntain still declines to revoke her edicts on the pretension that France has not revoked hers. Under that impres- ; sion she infers that the United States have done her injustice by carrying in- to effect the nonimportation against her The U. States maintain that France has revoked ber edicts so far as they vio lated their neutral rights, and were con templated by the law of May 1st, 1810, and have on that ground particularly II claimed and do expect of G. Britain a ii simuar revocation. The revocation announced officially ?y the French Minister of Foreign Af- fjirs to the Minister Plenipotentiary of tne u. states at rans, on inejstn ot August, 1810, was in itself sufficient to jusiify the claim of the U. States to'a correspondent measure ft om.G. Britain. Ijbhr had declared that she would. proceed IIwi passu in the repeal with France nd the iay being fixed when there Leal of the French decrees should take L ffct, it was reasonable to conclude that G.Britain would fix the same day for the repeal of her prders.' . Had this been done, the proclamation of the President would have announced the revocation of the edicts of both powers at the same him:, and in consequence thereof the non-importation would have gone into operation against neither. Such too is the natural course of proceeding in trans actions be'tyc independent states, and such the conduct which they generany observe towards each other. In all corn- pacts between nations it is the ;duty of each to perform what it stipulates, and to presume pn the good faith of the other for a like performance. The Uf States having made a proposal to both bellige rents were bound to accept a com pi i- nce from either, and it was no objection. to the French compliance that it was in a form , to take effect 'at a future day, .bat being a form not unusual 'in laws and other public acts. Even when na tions are at war and make, peace, this obligation cf neutral confidence exists and is respected.. In treaties pt com merce by which their-future inter course is to be governed, the obligation is the same. If distrust and jealousy are allowed to prevail, the moral tie that binds nations together, in all their rela tions, in war as well as in peace, is bro ken. ... j! ' What would ,G. Britain have; hazard ed bya prompt c!ompliance in themanv n er Suggested iJi She had declarethat : she hid adopted the restraints jimposed by jief orders in council with reluctance, because of rieir distressing "efiect on neutral' powers. Here then was HI favor able opportunity presented to her to witn draw from thV- measure with honori be the conduct of France afterwards What It mights Had.GBritain rokld hpr or ders, ahrance failed tdful) her4en- gigement, 3be woud have.:air4ed !.credi. at the expence of Franijetjanrl could have- sustained no i injury bjritbetause'the J lauure oi r ranee? -io naioiam per iaiin would iave replicerl di B the point from which she had deMHcdTrTsay that a disaprwintedTtliae 'p& the good faitii.; 1 ' mrni rrmrn i n rrnri r f i-iTiaMMiTM--itr-iiinniwiiMiiMr-ii r tr nr mnirtnmiimnmwirnmmn ir nw mm ifj iwi.nr nff iiwii nr jiaii i -tw iMMTi-TMriiiw-i nrwnii i i mhi nnr-ii fbf her etiy! wpud; have repr$ached ner loresignc, wouiu oc w.'.f iwgne value on- that, quality than on cpnsisten cy and good faith, rand would -sacrifice to iWmere suspition' towards an enemy the plaioljligafioris of jisdcepwi rirls ja :S Cnreat Britain thas declined proceeding pan passu with Frapce itif the reyotibu! of their respective edicts, i She has htld alof, ari!d flaiipf tte raes propt cot! only that France'; has revoked her de- crees, but that she continues to act in conformity with the-revocation. f To; she w tha'tthe repeal is - respected it is deemed sufBcient to state that not one vessel has been'" condemned by French tribunals, op the principles of those decrees since the'first of Novem ber last. The Newrleaps Packet frotn Gibraltar to Bordeaux was' detained but never ' condemned. The. G race Ann Green, frpm the same-'british V01 t0 Marseilles, was likewise detained but af iervar3s delivered up uncondit iqo ally to the owner, as was suclf part of the cargo of the N.. O Packet as consisted 6t the produceof the U. S. ; Both these ves sels proceeding from a British pprt car ried cargoes, some artitlesf Which in each, were prohibited by e laws of France, 'ot admissible by the sanction of the govern ment, alone I( docs not ap pear that their detention waW imputable to any other cause Jf imputable tpthp circumstance of passing from a British -to a French port, or on account of any part of their cargoes, it affords ?ro cause of complaint toG. Britain as a violatipn of bur neutral rights. No such cause would be afforded, even in a case of con demnation. The nght of complaint would have belonged to the U. States. In denying the revocation of uthe de crees, so far as it is a proper' subject of discussion between us, it might reason ably be expected that .you vpuld prd duce some examples bifVcssels taken at sea, in voyageslb British ports or on their return home, and condemn td un- . der them by a French tribunal. fJone such has been afforded by you. None such are known to this government, j You urge only as an eyidenc that tite decrees. are not repealed, the Sjieech of the Emperor of France to the. Deputies from the free citits of. Hamburg, Bee men and Lubeck ; ther Imperial, Edict dated a.t Fontainbleau on the,19ih Oct. 1810 ; the report, of the French Minis ter of Foreign affairs dated in 'Decem ber Lst,,ahd abetter ofr the Minister bf Justice to! the President of: theXouncil oi frizes, ot tne atn oi tnat moiun. MiMZ papers incompatible with the Veyocation 1 States, t It is distinctly declared by the Emperor in his Spech-to he Deputies r;f the Hahse Towns, that the blockade of the British Islands shall cease whn the British blockades, jcease ; and that the Stench blockade shall cease in favor of those nations in whr se favor G. Bri tain revokes hers, or who support their ights against her pretension, as France admifsfthe U. States will, do by enlor cing the non-importatibnctlThe same sentiment is expressed in the report of the Minister of Foreign affairs. The decree of Fontainbleau having no'effrct on the hieh seas, cannot be brought in io. thisHiscussioruttevidentlv has.no codec --.l -A .llr -t-l rJ - i lion wiin neuirai ngnistc leucr irom! the Minister of Justice, to the President vof t he Council of Prizes, is of a difTerent character " It relates in direct terms to . this subject, but nots in the sense! , hi which : you understand iU After reci ting the. noje from, the DuKe'of Cadore of the $th Aug.' lasf, to he'Aroerican Minister at Marisi which 'announced the' repeal of the French decreets, 'and j the pi oclamation of the President in'-conse' quence pfit, it states lhat'all causes a rising undfer those decrees, after the : st" of November, whichrwere then btfote the coprt, or mighty afterwards be bro't before it,, should not be judged pyHtyz ( priricipiearpf the decrees, but b suspen ded tihUfthe February, when"tbe jU. S. having tulfiUd, their engagmentt, tbe.captures should be declared void, Hr the.essehand Uheir cargoes delivered r'dti'to';heit owflrs" This 'Derpfiears to aitord an unequivocal evidence pt ihe revocation of the decreesv so far as re- . lates tq the-U. Statesyf Bjr instructing''. thei French tribunal tp make no deeisHrn till the, 2d ofjjfebruaryi and then t'orc-" store the; property to the.; ownersy bnl i particular event, which has happened, tlt i causeof doubt on that point seems to, ba . rerapved. The U Stnay "justly cptli- plain 'o&layjnhcl "V I ... i 1 11 : '4' i r 14.., i - 4$ Hi A