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V V- T r: f m 1" iv ,ss U'i by put? rfc,t UvllkBretbcr. ' FKlDAYJ jANUARYUa, 1812. V XlWh .l , r . J- V V IP "ft. Ml NORTR mmmmm M- 1 -"' a . - ,1 J f W " - -- 'J,1 - DOCUMENTS U m ' Continued.3 ; 4 ' J-ettert of Mr. Pi it k x it, our ltc Minister to C. CritAio. to the c r e t a u y of St atk, )IK.nir TO MI. IMITB. . - ' Xcjidbn, Jan. 17, 181L Sir I had the bono, to receive on - the 5th in st. while I wis confind,by a Bcvere illness, jour letter of the 151h of Norcrnber, and oon as I was aole prepircd a note to Lord Vcllcsley, ia coniormuy wnn-iu . . On the 3d. Int. I had receired' a let ter from Lord Wellcsley, bearing date the 29vh ult. on the subjects of the Or tkrs in Councir and the British Blo-k-ades, In which I wm anxious to rrpJy, a 4the same time tht I obeyed the orders of the President signified in your letter above mentioned- I prtparcd'an n awer accordingly, and sent it in with the other note, and h nble of the I5ih re .apecting two Amerjian schwners lite ly captured on their way to Bourdcaux, for a breach of the Orders in Council. Copies of alt these papers are enclosed. My answer to Lord Wellejly's letter was wiitten under the piessurc of se vere indisposition, and yhe influence of more indignation than could well be sup pressed. His letter prores.what scarce ly required proof, that ir the present go Tf rnment continues,we cannot be friends with England.' I riecd not analyse it to to you.-'1, I am still so weak as to find it cOn Tenicnt to make this letter a short one, and will therefore only add, that I havt demed creat satisf iction from your in- structi ns of the 15h of Morcmber.and bivc dettrmiticd to return to the Uni ted Stages in the Essex. . She will go to L'Onent for Mr. Grayson, and then come to Cowes for me and my family. I calculate o sailing about the last of Febrnrr. The rhoi if a Charge des Affaires embarrasses roetxceedingly tut 1 will di the ics. I can. The d. patches by the Essex were delivered to me by Lieu . Rudgrrs, rn Sunday ' I bare tLe honor to be, lec. SOID WCLLKSLSY TO ML PIRSVXT. iWrn Q ike 29, 1810. , Sta In acknowledging ihe receipt of you- Ittter cf ihr IO:h inst.'J must ex-' press my. regret that you should .have thought it necessary to intioduce into that letter any topics whxh might tend to interrupt, the concilia oiy spirit in .which i ti the sincere disposition of his Maj-styS Rvrmroent o conduct evv n- cociitn ththe government olthe United States. k , tiomu.i xtous desire to avoid all discussions cf thst trndency, I shall pro ceed without any further observa ion to communicate to y u the view which hi. ilajes'.(g veinrpt nt hat taktn of ihe. principal -Question which formed the ob ject of my enquiry, during our confer ente of. h 5'hmsi. The letter of the Frtnch Mn;scr for-Foreipn Alfaiis tn the American Minister at Paris, of thr 9h Augtut 1810, did not appear to hi M jesty's Govcrnntentto enntfin fuch a'n'ufi ation of the rrnral af the French Drrrttnf Uerlin and Milan as could justify his Maj sy Govcrnment-in;re-pea'ing the Brnsh O dcts in Council Tha letter states, TJiat the Decrees jf Beiin and Milan arc .revoked, anil that from the.fi'st of November, 18 10, they will cease to be in f ree, it being undrsto d thil tn cansejUence of this declaration, h English fchll revoke their Orders in Council tuid renounce the new principles of Blochsdc which they have attempted to establish' The purport of this declaration ap- peared to be that the repeal of the de crees of B rlin and Milan would Uke ef fect Kjm the 1st ofNoTembcr, provided th: G J3riuin, antecedenily.to that day and in consequence of th?i declaration; sh'ujd revoke the's Orders in Council. And should renounce those principles" of Ml 1i I . I ' ' V I - . be contained in this declaration, by which America might understand that tne decrees of Berlin and - Milan would actually be repealed on the first of Nov. 1810, provrded that America should re? sent any refusal of the British Govern mtnt to renounce the, new principles of BlcKkade and to revoke tn Orders in Coinril . ' - :HiiV,'V, By our explanation it appears thattht. American Government undcrsUndi the ocxaoe wnitn uierrencneoTcmuieni atledgtd p le nev A separate condi' tioh relating to, Americlj seemed also to r j letter of the French nister as announ. cm? an absolute repeal on the lsvNv. 1810, ot the French Decrees of Berlin! and Milan which . repeal, however, is noUo continue in forcei unless the Bri tish Government,, within a reasorble time after the lt of Nov'r. lSlO, shall fulfil the two conditions stated distinct ly in the letter of the French Minister. Under this explanation; if nothing: more bad been requtredpf G. Britain, for the - - . .r .f purpose til securing ine continuance ui the repeal of the f rench Liecrees man the repeal of our Orders in Council,. I should not have hefitated to declare the perfect readiness of this government to fulfil that condition. On these terms tne British! Government has always, been stncerejy! disposed to repeal 'he Orders in Council. It appears,-However, not only byi the letter of ihe 'French Minis ter, bn by y ur explanation, that the rr- oeal of ! i he Orders In Council wiU not satisfy eijher the French or the Anieri can Government. The British Gvcrn- m ,nr is further required by the letter of the French Mmisur, to renounce thoe principles of Blockade which the French Government alldgts to be ntw. A r -fcrence'to the terms of the JBerlin De- crec will erve to explain the extent of this requisition. The Berlin decree states that Ufcat ornain ex.enas uic ngm ui Mock de to commercial unfortified towns -and to ports, harbors and mouths of rivers, which according to the principles and practice of !1 civilized nations, is only applicable to for.ified places-" On the prt of the Americanovcrnmcnt, I understand you to require that Great Britain Should revoke her order of btock adeolMay 1806. Combining your requi sition with that of the French Minister, I mut conclude, that America demands he revocation of that order of Mock jJc asa practical instance of our renuncia tion of those principles of blockade liat are condemned by the French Govern ment, j Those principles of blockade G. Britain his asserted 16 be ancient and establishtd by the laws of mari mw Mar, rfcknowiedgcd by all ciyilized nations, and onwhich depend the most valuable l ights and interests of this nation. If the Berlin and Milan deciees are tobejeon sidered as still in force, unless vjreat Briiatn shall renounce these established foundati ins of her maritime rights aad interests! the period of time has not yet arrived when the repeal of her Orders in Council can be claimed fom hcr,in her with reference to the' promise of this governmentor to the safety and ho nor of the nation. 1 tiust that the jus tice of the Arnerican Gi.vrrnment will ot consider, that F ancc by ine rrpcal of her obnoxious decrees under such a condition, his placed the question in that state which can warrant A.nerica in enforcing the noninterciurstfact against J ;. Britain and not againit Frar.'x. In reviewing the'actual stale of this qu s-i i n America cannot fail to observe the; i Uc tion in which the commerce of ni u tral nations' has been placed oy. many recent acts of the French G vfuiit. Nor can . America 'easonably ctp-.cr that the hysiem ol violtnce and (iimu4 now pursued by France with umttiiiUed ac ivity, (while it serves to illustrutenhe true spirit of her in emtons) 'ihould nut require some precaution of defence on the part of Great-B itatn . Hfving thus stated. my view of 'he se veral considerations aricg.irom he let ter of !tne French minister, and from that with-which you have, honored me, u remains oniy 'ocxjixs3 m'ntnuui tnat you sti'uld comet ajy.'jniei-preta tinnof either which you mar deem er roneous If. eitulbr the'tenns .T thr oriinal decree to which t be French Mi nister's letter refers, or by any otficr au thentic fdocuraent, yoacan f'rove that the decree of Berhn aitdMuan are ab solutely repealed, and, that .no further condition, is required ov GreatBritain han the repeal of her O'dcrs in Coun cil, I shall receive any Vuch information with most sincere satijfcibp desiring you to understand tba., the' British Go vernment retains arf aniious soltcitudt to revoke the Ordtrs fn ouncil as oo as the Berlin and Milan decrees shall be effectually repealed', wtthout condi tions injurious ,to the maritime rigbu od honor of the Uni ted: Kingdom, r fb ave the honor to bel kc. &o , ' " SIX. to Loan WLt.aiLEY. . . Great CyviTptet'jta,14tlill. r -My IrJ,--il hate received the lettej vhich you did rrle tbe honor to add reV o me dn the 3 9 th of last m'lth and wK not fail to transmit i copy; of it ' to m Gove rnmcoU- In; the mean time I taU v. ; Ihe ;libetjr to trouble -you , wit n the fol lowing reply which a i severe indisposi-; lion has prevented me from preparing ooncrf; . f .v, . --f The fri? paragraph seems to make propclr for rne ro begin'by saying, that the topics tn:roduced into 'rhy letter of the iO;h of Dec. Were intimatelyjton '.ecteo with its principal subject, and flirty jto 'Illustrate and-explain it : and consequently' lhat if the? had not the goodforiune to be acceptable to your Lciixlship the fault ' w is not ! mine. ' Itwfcs scarcely possible to speak with more mod era tip n than myipaper exhi bits, of that portion f a long list of ir. va siotis of the rights of the United States' which it necessarily rcviewstndof the appJrent rluc'ance of the British Go vernment to fjibcar thost invasions in fu'ure. I' Ho not k' ow hal could mo e cycfuily hve abstained from whatever nvght tend to dis urb.the spirit which your Lordship ascribes to his Majesty's goTcrnment, if, instead of being utterly barren and unproductive, it had occasi onally been visible in some practical re sult, in some concession tlther to friend ship or to justice. It would not have beet, very surprising nor very culpable perhaps, if I had wholly forgotten to ad dress myself to a spirit of conciliation, which had met the mostequitable clpirm with 6teady and unceasing repulsion--Uhich had yielded nothing. that could be denied -and had answered complaints of vjury by multiplying tbeir causes.' With this forgetfulness, however, I an n chargeahie ; for, against all the dis ci'uragcments suggested by the past, 1 have acted still upon a presumption that he disposition to conciliate, so often rot"cssed, would finally be provcoLby nie better evidence than a pcrsever atue in oppressive novelties, as obvious y incompatible with such a' disposition m those who enforce them, as in those whose patience they continue to exercis- Upon the commencement of the 2d paragraph, I must observe, that the for-, r earance, which it ' announces, might ave afforded some gratification, if it had 5. en follow d bysurh admissions as my governmmt is entitled to expect, instead of a further manifestation of that disre gard of its-demands by which it has so long been wearied. It has never been my practice to seek discussions of which ;he tendency is merely to irritate ; but I beg your Lordship to be assured that I feci no desire to avoid them,whatever may be tneir tendency, when the rights of my country require to be vindicated against pretensions that deny, and con duct that infringes them. If I comprehend the other parts, of your lordships letter they declare in ef fect that the British government will re peal nothing but the orders in council and that it cannot at pre seit repeal t. ven nrm, "because, in'hefirst place, the French government hs required, in the le ter of the duke of Cadure to General Aimttrong of the 5 h of August, not o iy that L- lintain snail revoKc those orders, buthat she shall renounce cer tain principles of blockade (supposed to be explained in the preamble to the Ber lin decree) which Frapcri alledges to be new ; and, in the second place, because the American government has (as you c.mcludO demanded the revocation of the British order of blockade of May 1 806, as a practical instance tf that same renunciation, or, in . other, words, has made itself a party, not openly in deed, but indirectly and covertly, tot he "entire requisition of Franceas you un derstand that requisition' It is certainly true that the American government has required as indispen sable in the view of its acts of inter course and noniptercourse. the annul ment of the British blockade of May 1806, and iurther . that it has through me declared its confident expectation, that other blockades of a similar char ac ter including that of the Island of Zea land), will be discontinued . But by what process of reasoning your lordship has arrived at the conclusion, that the rbvernmentcf ,the U. States, intended ny this req 'Jsition, to become the cham pion off the. edict of Berlin, to fashion its principles by those of France, whilr it" affected ' to adhere to is own, and to iCt uponme-'partn which" it would fain induce jroiib.j ac knowledge but could not prevail upon It self to avow, i : am not able to conjee, ure. The frank and Jfjonorable charac ter, of the' American government justi fies me m. saying that, 'fvit nad meant to demand of Great Britain" an abitira. uodof all such principles as, the French it would not hare put your Lordship, to the 'trouble of discovering that meaning uy ine aiu or comoinations ana inieren- tcs. discountenance rjy the language of its Minister; but would have . told vou so in explicit terms. ;i What X have to request of ypdr Lordship. ithereforeVii t h at y ou will t a ke? ourfTi e w s and princix pies trom our own mouths and that net. ther, the Berlin 'decree nor- anr other act of 3ny foreign stated may be made to speak for us what wel; have not potEeri tor ourselves. - " f 1 f , ; " 'f-'l c The principles of blockade Which the American government professes, and upon the foundation of j which it haft re peatedly protested agaihs'tj' the? order of May 1806, antf the otfVer kindred ihno vations of these extraordfnary; times, have alreadytbeeri so clearly explained to your Lordship,' in rriy jietter of ' the a t si ot arpt ember, tna it is hardly pos sible to read 'bat letter and jnisUnder statKl them. 'Recnihnieticledby the plain est considerations of, Universal equity, you will find,-them supported with a sirengm ot argurnenr, and a weight of autnonty, ot which they scarcely stand ui uceu, in me papers, wnicn wiji ac company this letter, or were transrhit- ted m that of Sept mhqr. I will nnt re- cond time, in a' particular manner,- to one of the papers to which my letter of September refers, r allude to the co py of an official note, o" the 1 5th of A pril 1 1804 Jron Mr. Merry to Mr. Madir son, respecting a pretended blockade of Martinique and Guadeloupe No pom mcnt can add tbthc value jof that manly and perspicuous exposition of the' law of blockade, as made by fengland her-J sen, in maintt nance ot rules, which have been respected: and Upheld, in all seasons and on nil occasions, by the go vernment of -the United States. I will leave it, therefore , to your Lordship's consideration, with only jthis 'remaik, i hat, w hile that paper f xi&tsjj it will be Huperfluous to seek in ahyjirencA docu ment htr the opinions of the American government on the matter- of, it. The steady fidelity of this government of the United States to its opinions on that interesting subject is known to eve ry vbody. The same principles which are found in the letter of Mr. Madison to Mr. Thornton of the 57h of October 1803,' already before you, were asserted in 1799 by the American; minister at this court, in his correspondence with Lord Grenville, respecmgi the blockade of some, of the ports of Ho! land ; " were the 20ih of sanctioned, in a letter of September 1800, from the Secretary of State of the U. S'ates jp ijlr. King, of which an extract is enclosed ; were In - sisied upon in repeated instructions to Mr., Monroe, and the special mission of 1 806 ; have been maintained by tbe 'U State's againstothers, a well as against England, as" will appear by 'the, enclosed copy of instructions, dated the 2 1st of October 1801, from Mrl steretary Ma dison to Mr, Charles Pihkdy- then A- merican minister at Madrid' .and finally were aclhcrecf to by the United States when . belligerent,' in, the case of the blockade of Tripoli.' , , . ' i A few w ras give a summary, of those principles; and wrheh recalled to y our remembrance, : I m j iid? without hopes that the strong grtindsv'of. law and right , on which theyj stand vill beas apparent to - your Lordship as they arc tome.' 7- ? ''fy-Xui . It s by no means (clear that it ;may not fairly be contended, on principle and early.usage, that a, lmanti;roeblocj&ile is incomplete with . regard! to -state's at peace, unless the place ; pich it woul a ffec t i s i n vested by land asc weU as I b v sea. Tbe United States, however havtf called for 'the ; recognition of "no SQch rule. iThey appear r io ia rlrontentei themselves with, urging- iiwsubstancei that ports - not actually hlo;kaded:by. a present, adequate stationary;' force,tem ployed byc tlie ppWcr which attacks them,' ihall not beebnsidered vas ;1sha'l&'th'df ttal trade in? articles- nbtj'cjori;-iib ()jbf war ; thd though it is stlal for a oelli geren to giye; noUce to 'hefitrl nation when he jntendto institpta jb(padei it is, rwssible ihati he'm ;Hii intention at. all or that j(ie 'icnayexe- cute it insufhctntly, or Chat he rnayvdis cOTtintie'hib! customary to Viveany inbllce th?t cqn sequently, thef presence oFilbe blockad- ijijfoixr Jis haturalriteribrp hich;thei neutralis ; enabjerl? to ascer tain ItheJ existence of w the! blockade at c ip tulate what I cahnpt improve 5 bnt 1 must avail myself of sthis opp ortunity to call your Lordship's attention a, se-. 11 actpa! mve. tment of a besieeed place is I ,thfr evidence by which wededde? whe- ure aicge, wuicp. my oe commenc u, iwcu. rccommenceq ana raiseaa s gain, is continued tor nofc thattofcoulSe vt v mete iiuuuuauan m a ncuirai rnioisier W'i uau v --iOeyTenea urniasnecung 7r-ur with kno iwledgelof tle'ke tiial existpifei of a falockauV 5 either his verrimerit Or ICS Olll7fn thttf ci ?t).deet l0ro) r.nf bound to a blockaded porr shallhot fcr if the Mrwtrnrli-. ;nnli(i nn KUnnMU toivardsirr.hf'hnrr - preytouslypiYamed nqtUoehterttia tJ.isiyiewjotvtbe " , i- i r,r ! 1' wmitt, uwwi. correct ts peculiaHj iriportaht td pk-? f l tions sjJuitedSifHl WeatstancKtenx ...p. .m.fyy, r. BifWf oapauic-oi oDiamin? oioe formation of ; the y actual ports ; .that whole coasts r tnan tardy in-1 vrp; n ' zndl Muhtries'' & IB. ti shall not lwdeelared ffor tht??can never 5 S :be more ihW dechred J to be-Tn aXs&e:ftJ of blockadehd thaj :xht..Kmk ade converted .ipfjot jheeans ; o exin.;; uu lasny nai every Diocxade spaiijpei, impartiatih 4ta'opejatibhHo words, salli'nptlopebanMbu convenience; of the' party that instimtesV, i:M it, and atj thfeifame? time repel theiri V ; merce:;ptthesf!tl become tbeom'ouirjslrum just monopoly, instead ;o ai ' me 'otiW honorable war." :v1'-ry . These pr)ncip!esafelo! and iust to . furnish ah vxmbti ve' rn . thri v . ' v just rto, iurmshiany motive tb -iht British government for hesitatme to re " vuk.c lis orocrs in council ana tnose ana , ? - ' M; .-L.- - t V-Jjr- ' ...'" ' logous oi States hardly, be ..doubted th; will, ultimately accede to them in ! their ; fders of blockade,wilirtheTJ expect to;rje;recalledgIt:a fcT& it- Great-Britaia'iv luuesi extent ; out tii that be a sanguine, r; cajculat ion (as 1 st it is rty it is still r ' incpntrovenibieVaa -disincli this moment jtp ackno wledge jhern V cia f ;1 1 suggest ho raMonai iiiuceit clining to repear, at-J bhcWhaflK li mot pic; pealed t which the French govmirjot l - s -T . ' - . . . . -. --. ... . ? - i - -jr you to abandon,! do npOdke upon ittel MP itfholly.ntmiterial tbitne case oeiwekii J rh ther it be the one oMhei others As to siic'v'Britisb:' It- United States 'desire-ybu -.to :re1iruishr-':H you will rioWil ar sureS i uy vcdSKju urjuzicringip trteOTlnat" iv-; France : tpects yod id relinjqmlfi; If bur mands are suited t6 he" ,;rt?a sure ofdur :bwn;righUi ahd Ibty6W:bh- "Rations .as t theresPect; meliMmmi you cannot think of foundiiie a"iecV-ion Pi Xm? of JhemSipdnahv Irnouted ebrhhanc in tjhTOft-fbfiier ' ."; ' ."I vtv ' U? -j. iL--t" ri- C- With which WfK K v Inn , nritin- .-i tV.'-t. : - t- W&jm t Jhavebne : lUstice-tcij ther you wgo lariner wnaj snail prevent jcurSi in no respect iiaveet mpfard?W-54t''1, case ill be; btW Itf ffSH.1ii pinibalbfjmankihag' provmea nat, ninjiao-ouriir ) yuc. iuuic. i get, ii -c-, rig uis v-oi v V o c rA' 5 succe! reedaelOT Ution aspthinjj ties-tp&fiimsl fwbuld8nihilae tiiamfjifcdfjyoii to yourMcirg&n urerqirhe 'uVrc3Ubth ererjrlhtrtbjgaMipr .'Aattf iherf.iia4 rbitesscctl elu from alt 010317 leii, r d wily as a sys: f nv kretalja tton foi a1tej'! . pr-exUtingf taoroem ihawfeaur nojongr ti&fm peratio'nil'Btttr twBtrb&tittfcefoi&i isor,ofcwrwer3n your britfiayefcu.ti red those edictaj CP der -4! fid;thatcy?w 1". . I v?i fA If m i-i t " I
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