' v V l.,-!''--, - a !:- ;AND V- U'-v-: -'I ..s:' -''-ol'l v ' V :.;c yMij;Sm&:
1 : T ' . . ,. r : A ; . r ..I, , r i 1 ,.' , -fA y ',
vnr. xiii. i i. ... . . - j . j - . ; - . t : -. i - -v,.- i- ,. :. - ,
I
t
&tatc papers
DOCUMENTS
26xA c.ay Lonciuaea-j
511. MOKROi TO MR.BABLOWr.
DcpxrtmcatofSutc,NoT.2i, 1811.
5JR.1I hate the honor to transmit to
you copy of the. President's message
to Congress at the commencement of
the session, nd of the documents which
accompanied it.
In this rcrr interesting communica
tion you will find that the President has
done justice to both the belligerents.
He has spoken of each as it des-rves.
To France he has girtn the credit due
for the reYocaiion of her decrees, while
he has bestowed on those injuries which
remained unredressd their merited cen
sure. Of England he has spoken In
terms of ctnsore only, because she had
in no respect changed her unfriendly
policy- Thus the whole subject of our
foreign relations is. presented fully and
faiily before the Legislature.-and the
public, and, I am happy to add, that so
far as an opinion can now be formed of
the impression mde, the public senti
ment is in strict harmony with. that ex
pressed by the executive. rew,ifny,
seem to be willing to relinquish the
ground which has been taken by the
non-importation act ; and most, seem
to be resolved, if Great Britain does not
revoke her orders in council, to a Jpt
more decis;ve -measures towards her.
If the United States experience any
embarrassment in the course which they
are pursuing in support of ihier rights,
or f'il, " tne ultimate success, it wili
be oiog to the conduct of the French
government It cann.t4c doubted, if
France remains true to her engagements
by a faithful obs rvance of the revoca
tion of her decrees, and acquits herself
on the various other points on which
you are instructed to the ust claims of
this country, that Great Britain will be
compelled to follow htr example ; in
which event the War will immediately
assume a uew character, such as has
been the professed wish of bo h bellige
.rents, mitigating its calamities to both
of them, as well as diffusing the hap
piest effect on neutral states.
The pait which France ought to act
is a plain one. 'It is dictited, in every
circumstance, by the clearest principles
of justice and soundest maxims of policy.
Tbe President has presented to view, in
the message to Congress, tbe promi
nent features of this plan by stating e
qually our rights and injuries. It will
scarctly be necessary for me to go into
any of the details, which are already so
v ell known to you. I will briefly ad
vert to them.
It is not sufficient in the Gnul decision
of a. cause brought brforc a French tri
bunal, that it should appear that the
French dtcrees are repealed. An ac
tive prohibitory policy should be adopt
ed to prevent seizures on the principles
of these decrees. All that is expected
rs that France will act in conformity to
her own principles If that is done,
neutral nations would then have an im
portant object before them, and one bel
ligerent at least prove that it contended
for principle rather than for power : that
it sought the aid of neutral na iocs in
support of that principle, and did not
make it a pretext to enlist them on its
side, to demolish ita enemies. The a
buses that are practised by French pri
vateers in tht Baltic, the Channel, Me
diterranean Sc wherever else they cruize,
have, of late more especially, reached an
enormous height. In the Baltic they
have been more odhus from the tir
cumtance that it was expected that
they had been completely suppressed
there. Till of. late these abuses were
imputed to the privateers of Denmark,
which induced the President so send a
special mission to the Danish Govern
ment, which, it was understood, was
producing the desired effect. .But it is
hw represented that the same evil isi
produced by a collusion between the pri
vtcers of Denmark and those of France.
Hence it assumes a worse' character ;
ta seizures equally unUwful is added,
by carry-ng the causes to Paris, Mill
wore opprcssUedelavs. -
lnt French government is not wil-
Jinj; 10 acopt the general rule alluded
to, in favor of American commerce, it
is presumed that it will not hesitate to
define explicitly, the causes of seizure,
snd to give such precise orders to its
cruizers resecting them, with an assu
rance of certain pucishmcht" to those
who tiohte them, and will' prevent all.
i l
abuse in future. YYtntever oraera are
given, it would be satisfactory to this
government robe made acquainted with
them. The. Preside w. wishes to kiow,
with great accuracy, the principles by
which the French government intends
to be governed, in regard to neutral
commerce. A frank explanation on
this subject will bf regarded as a proof
of the friendly policy whicn r ranee is
disposed to pursue towards the U. S.
What advantage does France derive
from these- abuses ? Vessels trading
from the United States can never afford
cause of suspicion on any principle, nor
ought they to be subj .ct to se zure. Can
the few French privateers, which occa
sionally appear at tea, make any gene,
ral lmpression on the commerce or G
Butain ? They seldom touch a British
vessel. Legitimate and honorable war
fart is not their object. The unarmed
vessels of the U. States are their only
prey. The opportunities of fair prize
are few, even should Fiance maintain
the British principle. Can these few
prizrs compensate her for the violation
of her own principles, and forihe effect
which it ought, and cannot fail, to pro
duce, here ?
Indemnity must be made for spolia
tions cn American progeny under othrr
decrees. On Ihis subject it is unneces
sary to add any thing to your present
instructions. They are detailed aird
explicit.
The trade by licences must be abro
gated. I cannot too strongly express
ihe surprise of the President, after the
repeated rcmot.strances of this govern
ment, and more especially after the let-
er of the duke of Cadore to Mr. Rus
sell of the last informing
him that that system would" fall with
the Berlin and Miln Decrees that it
should be still adhered to. The exe
quaturs of the consuls who have granted
such licences w.m'u long since have
been revoked, if orders to them to dis
continue the practice had not daily been
expected, or, in case they were not re-
cived, the more eff cuial interposition
f Congress to suppress it. h will cer
inly be p ohibited by law, under se
vere penalties, in compliance w'nh the
recommendation of the. President, if
your dispatches by the Constitution do
not prove that your demand on this sub
ject iiai been duly attended to.
Ii is rxpected also thit the commerce
between thv. U. States and France and
her allies will be placed on ihc basis of
a fair rcciproci y. If 'he oppressive re
strictions which still feter and ha'rass
hour comraerre there are not removed, it
oannot Ije doubt' d that Congress will,
as soon as it appears that a suitable
change may not be expected, impose si
milar res' i aints on ihe commerce of
France. Should such a state of things
arise between the two countries, you
will readily perceive tbe obvious ten
dency, or rather certain effect on the
relations which now subsist between
thtm.
This is a short skefch of the policy
which it is expected France will observe
in regard to ii' utral commerce, and the
other just claims of the U. States. A
compliance with it will impose on her
no onerous conditions ; no concessions
in favor of the United States. She will
perform no act which she is not bound
to perform, by a strict regard to justice.
She will abstain from none, tht- absti
nence from which is not dictated by the
principles which she asserts, and pro
fesses to support. What in also of great
importance the course pointed out can
not fail to prove, in all its consequences,
of the highest advantage to her.
Among the measures necessary to
support the attitude taken by this Go
vernmeot, it is more than probable that
a law will pass authorising all merchant
vessels V arm in their own defence. If
England alone, by maintaining her Or
Vlcrs in Council, violates our neu'ral
rights, with her only can any constitw
tion take effect. But in authorising
merchant vessels to arm, the object will
be to enable them to support their rights
Hjjainst'all who attempt to violate them.
This consideration ought to affrd a
strong-additional motive to France to
inhibit her privateers from interfering
with American vessels. The United
State will maintain their neutral rights
equally against all nations who' violate
them. .
nYou will find -among the documents
which accompany, the President's mes
sage,-a correspondence between Mr.
Foster and me, 6y which the difference
relative to the attacked the Chesapeake
is terminated. - it was thought advisa
ble not to decline the adyjnee ol the
British government on this point, althu
none was made on any other i arid, as
the terrns offered were such as bad been
in substance approved before to accept
them. .The adjustment however, tif
this difference, does not authorise the
expectation of a favorable result from
the British Government on; any other
point. This i government will pursufe
the Same policy towards Great Britain,
in regard to other injuries, as if this had
not .been "accommodated. !
You will also find among the printed
documents a correspondence with Mr.
Foster, respecting the Floridis. To his
remonstrancq against the occupation of
West Florida by the troops pof the Uni
ted States, he wastold that it belonged
to them by a title which could not bt.-
improved. And to that relative to Eist
Florida, he was informed that Spain
pwed the United States for spoliations
on their commerce, and for the suppres
sion of the deposit of New Orleans,
more than it wai worth ; that the Uni
ted States looked to East Florida for
their indemnity ; that they would .suffer
no power to t;ike it, and 'would take it
themselves, cither at the invitation of
the inhabitants, or to prevent its f .11 ng
into th hands of another power. Wi h
so just a claim on if, and ' without any
adverse claim, which, uncJcr exiting
circumstances, is any wise sustainable,
more especially, as the necessary seve
rance of the Spanish colonies from old
Spain is admitted, and the known dispo
ition and interest of the inhabitants are
in fvor of the United States, the idea
of purchasing the territory, otherwise
:han as it has been already more than
paid for, in the property wrongfully ta
ken from the citiz.-ns of the U. Stat es,
does not merit, and has riot received a
moment's consideration here. You wiii
therefore, discountenance the idea every
vhere, and in every shape. A . '
You will be furnished with a copy of
my correspondence with Mr.'Serrurier
on the subject of a vessel called the,Ba
Uou, No. 5, (formerly the Exchange)
bearing a commission from the emperor
of France, lately libelled ir the District
Court ofth'j U. States for Pennsylvania.
The decision of that C urt was in favor
of a discharge of the ve- sel. An appeal
was tak-n from it to the jCuit Cour,
by which the sentence was reversed.-
The cause was then carned'by appeal,
at the instance of the government, to ihe
Supreme Court of ihe U, States where
it is now depending. The whole , pro
cess in favor of the French govtrnment
is conducted on the part of, and at the
expence of, the U. States without, how
ever, making themselves a party to it.
This vessel was one of those that were
seized under the Kambouillet decree.
The French government! took her into
service, as appears by the documents in
possession of the commandant, and sent
her with dispatches into some distant
quarter. She came into the port of Phi
ladelphia, as it is said, in distress, she
' L ' JT
naving cn ooara a cargry uisircss mty
have been a pretext. As this govern
ment denies the justice of theRambouil
let decree, has remonstrated against it,
and expects an indemnity for losses un
der it, you will be sensibleof ?the deli
cacy and difficulty which it has experi
enced in int'etfering in any respect, in
the case. To take the vessel from the
court, and of course from the owner and
restore her to the French consul or o
ther agent, even if under any circum
stances lawful, would have excited uni
versal discontent. I cannot dismiss this
suoject without remarking that if the
government of France had not violated
the rights of the United State by the
Kambouillet decree, this case would not
have occurred ; and that it is painful to
see a question connected with the public
law originate under such circumstances.
The public csscl which takes these
dispatches to you, has others for our
charge d'affaires at London. After land
ing Mr. Biddle,.who is the bearer of
yours, at some port in France, she will
proceed immediately to the .English
coast, and land Mr.Tayloe, the mesen
ger who is charged with those for Lon
don. It is expected that she will be sub
ject to a short delay only on the Eng
lish coast, and' that yotir dispatches will
be prepared for her, on her return to
France. It .is . highly important to this
government to obtain, without delay, br
rather with the greatest possible? dis
patchj correct information from you and
from our charge d'affaires at London,
of the policy adopted, and the measures
which have been already taken on the
important interests depending with each
government, on which you hajre been re
spectively instructed- A short' detec
tion of the vessel for an obvious and use
ful purpose, as intimated heretofore, will
notbVoJbjected to ; but such a delay as
has on some occasions occurred, is ut
terly inadmissible. T, v
LEtTERS FROM MR. tfARLOW TO THE
SECRETARY OF STATE.
t (No. l.) ' '' ;;
Extract of a letter from r. Barlow to the Se
cretary of State, dated 'Paris, Sept. 29431 1
I seize the first occasion to announce
tc you my arrival, though I have very
little else to announce.'
I landed at Cherbourg n the 8th cf
his month, and proceeded to Paris on
the 19th.
The E-nperor has been residing for
Some time at Compei;ne,and it unlucki
ly happened that he set out then ce for
the coast and for Holland on the day of
my arrival here.
The Duke of Bassano, Minister for
Foreign Rclaiioiisfcame the next day to
Paris for two days only, when he was to
follow the Emperor to join him in Hol
land. Gen. Turrtau, and, others who
called on me the morning after I reach
ed Paris, assured mc that the Duke Was
lesirou3 of seeing me as soon as possi
cle, and with aslmle cert mony.
On the 2 1st I made my first visit to
him, which of cour e had, no other ob
ject than that of dei.vering ciedcntials.
I expressed mv. regret at the Emperor's
absence, and the consequent delay of!
suchDustnt:ss as was rendered particu
laily urgent by the necessity of sendiug
home the frigate and by the approach
ing sessiorv of Congress, as well as by
the distressed situation of those Ameri
can' citizens who wee waiting the result
of decisions which m;gh- be hastened by
he expositions whirh I waschaiged to
nnk ; on the part of ihe President of the
U States.
He said the Emperor had foreseen
the urgency of the case, and had charg
ed him to remedy the evil so tar as
could be done by dispensing with my
preservation to his majesty until his re
turn; and that I might immediately
proceed to business as if I had bten pre
sented. He said the most flaUering
things from ihe Emperor relative tomy
appointment. He observed that his ma
jesty had expected jmy arrival with some
solicitude for several monthi and
disposed to do every (hing that I could
reasonably ask to maiulain a good intel
ligence between the two countries
The Duke then proposed a second in
terview for the next day, which he said
he hoped would be long nd leisurely,
that we might go over the whole range,
of business that was likely to come into
I discussion between us, declaring that
he should be justified bythe Emperor
in delaying his journey one day f r that
purpose oriiy, and that he had no other
business to' detain him in the capital. I
accepted the invitation and was with
him two hours the next day.
I explained to him with as much pre
cision as possible the sentiments of the
President on the most pressing objects
of my mission, and threw in such ub
servaiions as seemed to arise out of
what I conceived to be the true interest
of France.
He heard me with patience and appa
rent solicitude, endeavored to explain a-
way some of the evils of which we com
plain, and expressed a strong desire-to
remove the rest. He said vihat many ot
the ideas I suggested were new to him
and "were very , important, ; that he
should lay them before the Emperor
with fidelity, and in a manner calculated
to producethe most favorable impres
sion, desired me to reduce them to wri
ting to be presented in a more solemn
form, and endeavored to convince me
that he doubted net our being able, on
the return of the Emperor, to remove
all obstacles to a most perfect harmony
between the two countries. .
; (No. 2.)
Extract of a letter from Mr. Barlow to the
Secretary of State, dated
-Pari. October 2$, 181 :
The Emperer stays in the no. th u h
longer than waiexpected. Haying been
assured bv the minister that he would
return by the 15th of Oct. and that du
ring his tour hV would make no stay in
any one place, I concluded as I Had:
the honor to state to you before? not to
follow him. The Frigate Constiui ion
did not return from Holland until about
the time that the Emperor wai to haver
reached' FonuinbfeaU) and during the
last fourteen days the public hWcbeeri
in constant expectation of his arrival.
the minislerjbftl
and indeed most of he otoei mimsterV
are with him, it has Ipt been iri my pow- ; ;j
er to bring forward to ; bdf&hhWT'-lJl
propositions on the reat objects df my
mission. For I w&s convinced, fot rea-x"
own uKiuiuiicu in my nrs aispaicn, mac ;
these objects can be treated Ad the. best ,
advantage- in presence when frequent
conversations ,can be mingled v with fof-:
mal and official notes; " , ., v" .y '
My fcorrespondence with the ministers
therefore has been
hi t herto confined to i
incidental roat.ers
not worth troubling
you with.
It is now so fully believed that the
Emperor will be here about the l,0.b of
NoVeVnber, arid itjseems so important
that something of a decisive nature
should be communicated to you by the -:
frigate, that it is thought best by'Capt
Hull. as well as myself that she should
first go over to Cowes with Mr. Russet
and return .to Cheibourg for mjnisV
patches for you. ! .
- . .- (No. 3.) 'iyy -': -
Extract of a letter from Mr. Barlow to the
Secretary oi State, dated -;
;izr 21, 18H;
On the 9th of tutr monththe duke
of Bassano arrived in Paris, !and signi- .
tied his. arrival by a circular to the Fo
reign Ministers, here. The nextdayy V
at one o'clock, I called at his house,' -having
in my pocket- the note dated '
10:h November, J . " ; i . -r? -ji? '
My intention was if possible, to have
an interview with him before he should '
read the note to prepare , His mind on
some points which, beih new-to him ,
might be susceptible of further deve-
lonementtthan it would be convenient to
give in writing. V J''. '.;,'"). '
Not findmg the duke at horne,I kft
the note, inctosingl with it 'a wittentei ;
quest for an interview after he "should
have read tlie rioie. As yet' I have no
answer, but having met once since, heH
assured me that. a very great press of
business occupied hjm every day at Su '
(Jloud. He gave no other reason for the
delay thus far, and I have learnt thro' ,
other ch mncls, that they ar discussing '
in the Empercn-'s councils of commerce
and of state the principal points in my
note. . If thU discus ion is in good tar-
nest, I shall probably have an.answer, of
some sort, before many days."
(Inclosed in No.3.)
MR. BARLOW TO THE DUKE OF BASSAKO-
- -, i
Extract of a letter from Mr. Barlow ta iha
Doke of Bassano. V ;,
. Parti, IQtb November. 1811.
" For all these considerations
and o-
thers which I have had the honor
Dlain to vour excfcllencv inconver
tp ex
ration,
, . , i - , ; C"
I am confident that I shalt urge nothing
contrary to the trjue Jnterests of "France,
when I propose that his Majesty the
Emperor , & Kingf should order a prompt
and effectual execution of th arrange
ment of the 5th of August and 2d.cf No
vember, in the true and libera l Spirit in
which it was proposed, so that the pri?
vations which the United States impos
ed uponahemselves, By excluding the
productions of Great Britain and her de
Dendencies. shonlrl as far, as rireum.
stances will allw be compensated by a '-.
free access to those of the confihent of ,1 ?
Kurnnp. ntA ikat tViw mav. irflirwlliiiht ; f l
"J", ..iV fcllW, ftM . J ..J-y
sucft means of purchasing those produc
tions as their own soil and industry;
those of other neutral nations, arid those
of the French colonies, wll furnish .
' ' Should hii majesty adopt this prin
ciple: the. means of arriving at the end
are so obvious that it will not Igreatly '
auo io ine lengvn oi i in noie , ii i nere
poi n 1 1 henKout.ir let the J A meri
can ships and Cargoes now nder sei
zure, capture xx sequcstratian,; and tjie .
proceeds of such : as ' have been ;sold,
which. ae nojw reserved for the party
having right, be jmmediateiy Restored
to their pwhers, and, they declared frea
to depart there with for'their pw n court-.
try'. This'article is not intended to em-
brace any; thing but;,genuine'. American
prop rty as? protected by the acknow
ledged law of nations. j .
y Second, suV-.b property acknowledge1
ed. to he American, as has beeti cohfis
cated and no ioneer in a state-to be re.
stored, will remain tobe paid, for
in.
li Tk-X. a aio-nifif firm rt lts,r Maiki
ty's pleasure, if such it be, to forma new
commercial treaty with the U" Stajes, on
jfinciples ofireciprbciiy4 both with re
sped 'to me raie oi cuues aa r a iwo
j . i.. z
ml
) -rrVi
-f. '-Mi
" it
m
V. ' !
s
V
m
m
frit'
mm1
'- ' 'j' l- HI
c if it
lfZi'':ft'
1
if
i i. ....
-Xft')
V
f -
"i - : '
- 4 -