(.,v.::-w;!vVA- V.J .4 - ' ; . . VV .. . yw ..yy-.,v. MITXTJJ. P AUDIT MA'-lfZA'Z-'W. W37Mi- ''M": Ourttic the plahi ftffalr, delightful Peace, ' , Jr ' i ; ? , ",' 71, . ; ! 'j; , v "7iu " ' ' Friday, june ig, 1812. ,-: , , .; ' v' f V' : -:v3: v: ' 1 Relations with England. COIIUESPONDEN'CE nw Tllfc ltt INST. CoofliweA-J i . . o Copy of Utter from Mr. Kasseu cc Vc wor v r siattf. dated j w Jjmdaru, Jan. 14, 1812. Sir I lament - hat u is not in my , mi Kir th power to announce - return ol 4ir. x a i, -r- , vrrm here towards, the U. States mo'rc just and favorable than that of whirh we now compiaiu. mation has bcen givento rte of an in tcntion to abandon. the offending or dc n in counciU I have not hitherto made any representation in regard to these orders in council and if they arc to bz persisted ill, as Mr. Foster declares, not only until ihe licrhn and Milan decrees be entirety abrogated, but until we compa the French gov ernment to admit us in France with the manufactures antl produce of O. Britain and her colonies, it mast be useless to sav any thing upoo the ub-u-ct. The revolting extravagance of these prcteusions i too manifest to be j subject ol argument, ani ic ci7 -w-tcmpt to reason diem down would a Jmk that they are not too absurd lor refutation. Should Mr. Barlow furnish rne with any new evidence of the discon tinuance of the French edicts, so far as they were in derogation of our rights, 1 shall present it to this government, and once more (howcvcruoncccssary it may appear) afford it an opportunity -of revoking its orders, which can no looger be pretended to rest on our ac quiescence in decrees of its enemy, IronAhe unrighteous operation of which vre are specially exempted. MR. RUSSELL TO M&, MONROE. Londnt January 22, 1812. SiR,--Yesterday 1 understood the case of the Female, one of the vessels captured under the orders in council, came to trial before SirWm Scott. He rejected a motion for time to pro duce evidence of the revocation of the Berlin and Milan decrees in re liilon to the (J. States, and suggested that there would be a question of law, If i! such revocation, when shcvn,would j be considered by the British govern ment as sufficient to require the repeal of the orders in council. At any rate that he was bound to consider these orders to he in force until heir re peal should be notified to him by this go vernment. Tile Female was con demned. Extract of k letter fiom Mr. Russell to Mr. Muuro, dtevl London, Feb. J, 1811. k Siuce I had the honor last to ad dress you, I have received vour com munications of thctfoth of December, through the good o&ces of Mr. Fos ter. " While I lament the necessity, as I most sincerely do, of the course in. dicated by the proceedings of Con gress ; yet it is gratifying to learn that it will be pursued with vigor and una. niinit) . I am persuaded that this go vernment has presumed rwuch upon cur weakness and divisions, and that it continues to txlieve that we have energy and. union enough to malce ef ficient war. , 4 1 have this moment learnt that the Hornet has relumed from Cher bourg to Gowts, and I understand by a letter from the .Consul there,; that there is a Mr. Porter on board, With dispatches from Mr. Barlow to this legation ; hut he has not yet made his appearance here. I am obliged to dos? this letter without waiting (or him, as I understand the next post may not arrive at Liverpool in season for the Orbit," ; Copj ufa Utter rem Mr. RutteU to tbr Seer eta rj cj Sta:e. Ltcd London, Feb. 9, 1812. Sir I have the honor to transmit to you enclosed, a copy of a letter, da ted the 29di ult. from Mr. Barlow, und a copy of the notein which I yes terdav commumrated that letter to " tke Marquis Wcllcsley. ' : . - Although the proof of the revocation of the Fr-nch decrees contaiued in the letter of Mr. Birlow, is, when taken by itself,' of rf o veiy conclusive character, yet it ought, when connected with that previously exhibited to this government, to b-5 admitted as satisfactorily estab lishing that revoca'ton ; and in this viw I have thought it to be my duty t6 pre sent it here. MR. RUSSELL TO THE M ARQ.. WELLKSLE V. London, February 8, 1812 My Lord I have the honor here with to hand to your Lo;dhipa copy of a letter addressed 10 me on the 29th of last month, by Mr. Barlow, the Ameri can Minister at Pari. ; I have felt some hesitation in conv municating this letter to your Lordship, lest my motive might be mistaken, and an obligation appear to be admit led on the pan of the United States to furnish more evidence of theicvocation of the Berlin and Milan Decrees than has al ready been furnished, or than has been necessary to their own conviction. I truit, howeyer, that my conduct on this occasion, will be ascribed only to an ear nest desire to prtvent the evils which a continued diversity of opinion on this subject might unhappily produce. The case of the Acastus necessarily implies that American vessels, captur ed by the cruisers of France, are adjudg ed by the trench navigation laws only, and th3t the Berlin and Milan decries make no part of these law, the Acastus being Acquitted, notwithstanding the faci of her having been boardtd by an Eng lish Vessel of war. To the declaration of Mr. Barlow, that since his icsidcnce at Paris, there had been no instance of a vessel, either under the Berlin or Milan decrees, be ing detained or molested by the French government, I beg Itave to add that pre vious to his residence, and subsequent to the first of November, 1810, these decrees were not executed in violation of the neutral or national rights of the U. Sates. Whatever doubts might rnve origin ally been entertained of the efficient na ture of the revocation of thuse decrees, on account of the form in which that measure was announced, those doub'.s ought surely now to yttld to the uniform experience of 15 months, during which period not a si.gle fact has occurred to justify them. I do not urge, io confirmation of this revocation, the admission of American vessels with cargoes arrived in tne ior;s of France afier.having Couched in Enp land, as stated by Mr. Barlow, and as ac cords wkh what occurred during my re sidence at Paris, because such admis sion is evidence only of the cessation of the municipal operation of the decrees in relation to the U. States, of which it cannot be presumed that the Biitish go vernment requires an account. I cannot forbear to persuade myself thalthe;roof now added to thr mass that wus already befo e your Lordship will satisfactorily establish, in the judgment of his Britannic M jesiy's government, the revocation of the decrees in question, and lead to such a repeal of the u.ders in council, in regard to the- U. Slates, as will restore the friendly relations and commercial intercourse between the two countries. MR. BARLOW TO MB. RUSSELL. Par it, 29:6 January, 1812. Sir The ship Acastus, captain Cot tle, from Norfolk, bound to Tcnningen, with tobacco, had been boarded by -an English frigate and was taken by a French privateer and brought into Fe camp for the fact of having been so boaided. This was in Nov. last; On the 2d of Dec. I stated the facts to the Duke of Bassano : and in a few days af ter the ship and cargo were ordered by the Emperor to be restored to the own crs on condition that she had not violat ed the French navigation laws, which Latter question was sent to the Council of prizes to determine. The Council determined tht no such violation had taken place, and the ship and cargo were definrely restored to capt. Cottle. To the above fact, I can add that since my . residence here several American vessels with cargoes have arrived and been admitted in the ports of France af ter having touched in England, the fact being declared; and there is no instance within that period of a vessel in either of the cases oft he Berlin and Milan de crees being detained or molested by the rrench government. 1 xri, Ctc, J. BARLOW. MW. RUSSELL TO MR. MONROE. London, 22d beb 1812. SIR I have the honor to hand you enclosed a copy of a letter to me from the earl of Liverpool, relating to a per son by the name of Bowman, said to be a British subject, and'forcibly detained on board the United S ates' ship Hor net, together with copies of the depo sition of Elirabeth Eleanor Bowman which accompanied it, and of my reply. THE EARL OF LIVERPOOL TO MR RUSSELL. foreign Ojjict, 2Qib Feb' 1812. SIR I have the honor to transmit to you the copy of an affidavit, sworn at Portsmouth by Elizabeth Eleanor Bow man, stating herself to be the wife of Wi liam Bowman, one of his majesty's subject, now detained against his will on beard the United States sloop Hor net, at present in Cowes' road. You cannot but be aware of the urgent necessity of putting the facts, alledged in this document, ir.to an immediate tram of investigation ; and I am to re quest that you will communicate, with out loss of time, with the commanding otn;er of the Hornet, in order that he may afford you all information in h s power, Lnd th.it the vessel may not put o sea before the result of the . inquiry shall be ascertained, in a manner satis factory to yourself and to this govern ment. You must likewise be aware, that this government has no power to prevent the issuing of a writ of habeas corpus by the friends of Bowman ; and that, in that case, it would be impossiole to im pede or delay its execution, and the con sequent temoval of this question out of the hands ot the two governments, into those of the legal force and authorities of this country? Anxious to prevent any such proceed ing, the inconveniences which, even if they did not involve the possibility of a forcible execution of the l gal process, might yet be considerable, I request your immediate attention to this com munication and I confidently hope that you will, by affording the means of un amicable invesrigation, supercede the necessity, in which the friends of Bow man may otherwise feel themselves, of 'aking the course to which I have before alluded. Here follows an affidavit in relation to the seaman MR. RUSSELL TO THE EARL OF LIVERPOOL. London 2Ul Feb. 1812. My Lord I have the honor to inform your Lordship that the U. S alts sloop Hornet left Cowes on the 13th of this nw'i'h. The statement of this fact does away,'I piesume, the necessity of a more particular reply to your Lordship's note of yesterday, concerning William Bow man, a seaman on bo;rd that ship. Extract of a letter from Mr. Russell to Mr. Monroe, dated London March 4, 181 L 41 Many American ves els which had for a considerable time been wind bouud in the ports of this couniry were a. length released on the 29th ult. by an easterly, wind, and took tftetr departure for the United S:alcs. By some cf thos; vessels, pirticularly 4 the Friends," you will have received many letters from me -and you,will have learnt, as nearly as it was irrmy power to inform you, what in your letter of the 1 8th Jan. you desire to know namely, " the precise situation of our affairs wi h EngLnd.'' 44 Since my lexers of the 19th and 22d ult. which I trust will have extinguish ed .11 expectation of any change heie, the motion of Lord Ensdowne, on the 23th of Feb. and that of Mr" Brougham yes'erday, have been severally debated in the respective Houses of Parliament, I attended the discussions on both, and if any thing was wanting to. prove the inflexible determination of. the present ministry to persevere in the orders in council without modification or relaxa tion, the declarations of the leading! memoers oi aaminis rauon, on iwesc oc casions, must place it beyond the possi bility of. doubt. .. In both Houses these leaders expressed a disposition to for bear to canvass,' in the present state of our relations', the conduct of the U. S. towards England, as it could not be done without reproaching her in a manner to increase the actual irritation,' and to do away what Lord Bathurst stated to be the fttbti hopes of preventing war. "in inc nouse.oi commons, iwr. Rose virtually confessed, that the or ders in council were maintained to pro: mote the ' trade of England at the ex - pence: cf. neutrals, and as a measure of (I commercial rivalry; with the U. States When Mr. Canning inveighed ..gainst this new (he must have mant newly acknowledged) ground of. defending these orders,, and contended that they; could be just ified only on the principle of retaliation on which they were avowed ly instioittdi and that they were intend ed to produce the effects of an actual blockade, and liable to all the incidents of such blockade- that is, that they were meant only to distress the enemy rand that G. Britain hadno right to defeat this operation; by an intercourse with that enemy which she denied to neutrals, Mr. Perceval replied, " that the orders were still supported on the; principle of retaliation, hut tnat this ve-' ry principle involved the license trade ; for as Frunqe, by her decrees, had said that no nation should trade with her which traded with England, England retorted, that no country should trade with France but through England. He assertt d, that neither the partial nor e ven the total repeal of the Berlin and Milan decrees, as they related to Ameri ca, or to any other naion, or all other na ioiis, could form any claim on the ilri'ish governmept while the continen tal, system, so called, continued in opera tion. He denied that this system, or any part of ihe Berlin and V.ilan de crees were merely municipal They had not been adopted in lime of peace wi.h a tiew of internal regulation, but in a time of var with a hostile pufpose to wards England. Eveiy clause and par-, tide of them were to be considered of a nature eniireiy belligerent, and as such, requiring resistanceand u hom ing retaliaiion on the part of C Britsin. It was idle and absurd to suppose that G. Britain was bound, in acting on the principle of irtaliatjon in these times, to return exactly, und in form, like for like, and to ch6e the object and fashon, the mode of executing it, preciscSy by tlu measures of the enemy 1 :d ptinp hese measure's, France had b okcn thro' all the restraints imposed -by the bw., of nations, and trodden under foot the grxal conventional code received by the civilized world -as prescribing rules for its conduct in war as well as in peace. In this sta'e of things England was. not b und any longer to shackle herself with this code-, aiid by so doi?g be-come the utiresis ing vict im of the' violence of her enemy, but she was ; herself released from the laws of nations and lef; at liber ty to resoit to any mesons within 'her pover to injure and disvress that enemy 'nd to brnv, it back to an observance of ihe jus gentium vyhkh ii had so eg'e' giously arid v-aotoniy viola'.ed. Nor was' England to be ,TeUiced any more in the extent l .an in the form of reta liation ; but -he had a right, both as to he quaiii y and manner to mllkt upon the enemy alt the evsl in her power, un lil this enemy should retrace its steps, and renounce, not only verbally but practically, its decrees, its continental system and every other of its belliger ent measures incoriipatible with the bJd acknowledged iavvs; of nations. What ever neutrals might suffer from the re- ahatory measures of England was pure ly incidental, and as no injustice was in tended to them they had a right to com plain of none. And he rej . iced to ob serve that no charge of J tuch injustice had that night beer) brought forward in the housed As England was contend ing for the defence of her maritime rights and for the preservation of her national existence, which essentially de pended on the maintenance of those t ights, she- could not be expec-ed, in the prosecution. of this gieat and t primary inierest Unarrest o vary her course to I sten to the pretensions of neutral na tions, or to remove the evils, however they'might be regretted which the im perious policy of the times indirectly and unintentionally extended to them.'' u A the newspapers of this morning give but a vejry-imperfect, report of his speevh of Mr.' Perc eval, I have thought it to be my du y to present you with a more particular account of the doctrines which were maintained in it, and which so vitally affect the rights and interests of the United States. .-,r. r. I no longer entertain a hope that we can honorably avoid hWar." y . Extract of a letter from Mry Russell to the Secretary of State. ,' London, April; 9. 1812. , u Since my last : respects to you, no thing of; importance to us has occurred here. . - i 1 i 1 hi' i .i I, . ; BLANKS,4 OFVEVERY KIND, ; May b kad at the moisrk-Office FURTHER'COR RESPOKBENCE, ;.:-' ' jv- , On the 5th inst. the President of the United States' communicated 5 to Con( gress a very, lbn; letter from Mr Fos ' ter, the British Minister, ioher$ecre- tary of State, inclosing a Teportbf vthie Duke of Bassahof of.the;iOthf Marchi, to Bonaparte, from which, He insists' tip- -on it, it isuite clear that he Berlin and Vlilan nrrpft ath cftll in in- a . U i . :h lit. - ..w,nw.u a. ,uxtt... nun : j w 1. ii jiia v i&!u4aj ac uccii maue in at ya-i few instances, as anjencouragement to A mefica . to adopt a System beneficial tb -France and injurious tdGreat-Britain,-?i. That it is therefore 4 impossible for. G. Britain to rescind her orders in council whilst the French -decrees are officially-. -declared to remain ; in force agajnst all nations nol' suiscrlDng;t6.'i'ke iie;w- ma- 'r ritime code promulgated in thosede.v crees and also Without something rriorf explicit on the part of lArnerica with re gard ' to her understanding as ' to' the , conditions anhexed by France to the re peal of thosedetreesi r uFbrane what had passed, unless a full and satisfactory explanation be made oh both these points G. Britain cannot refinqtiish her retail ;tory system1 against ;rantefMt)iqii& implying her Pconseht to the admissibi lity of the conditions qujestion i , 'America must fej;I tnat BdnapaRe'ts not acting, as indeed he never; has;, act ed, with any view of establishing prirTci pl s of real freedoin jwith respect iq t& vigation but is melefy.fndeavonh . cloak his determination. If possible,vto ruin Great-Britain , by ; hover demand and rejected -theories' 6f maritime-law j and America must see thai Bona partc'f object is to exclude B-itish commerce from every coast ad port of the conti? . nent ; and that in pursuft of this object, 1 trampling on the rights cf independent states, which lie as insultingly terms a guarantee thus making thernost solemn and sacred term in the lavv of nations syriioninious withusiirpation of territory and extinction of independence. Ame rica must see, that p all the states hi therto in his power have been seized on q guarantee his system, her is nbw jpro ceeding to destroy whatever re mains' of independence in other! neutral states to make that guarantee complete, ' From his want of power, lo pass the Atlantic; with his, armies (a wani oi power i't are indebted to the . which the Ui States oa.v-1 superiority oq system of a guaranteeing force, may fail as to America, butjas, he cannot horc to shut American! ports against Great Bri'ain by occupancy and invasion, ,he hopes tri tffect hisf purpose y Vmnagt - , ment and fraud, and to accomplish that by insidious relaxation which he canr ot accomplish by" power." ; " I am commar ded to represent, to 'he government of jmerica," that (i rea t Britain feels herself, entitled "toex;et t from them an undeserved arid car.diil disclaimer of the right of France to in.- I pose on" her and on the world the .ro-ir -time code. which has heen thus y opI gated, and, to the penalties of wbt..iV merica is, herself qeclar'ed; to te liaole ; if she fails to submit herself to Ui ex actions ; Americalpanrot, for her owu, character, any longer temporise on llvs subject, or delay coming; to a dUth ct explanation with France as well as' with Great Britain, Mfshef wishes to clear; herself from the imputation of being si u abettor of such injustice." , , ' ; i A mtiri. r th-'rasfi nhur slanrl I' '.'. tiot'a pretence forjclaiming from jGgat iJfyU Bntain a repeal of'her Orders irt'pon-. ZHm ciU She must recollect th?lhe lJruisU government :rieverbr a monteht; cbun tenattced thelideajthatthereralcf those Orders could cfepend upon any partial or conditional repeal 'of the becres. of France. What she always avowed was her readiness to : rescind her Orders in Council as spon'as'France rescind ed ab solutely and ncdhcthiohally her decrees. he cduli.(ndtv:eHtr any otier eh gSgerbenV without Ihe grossestinjslice to hertailiesas i'-'wcll asithe nemralyjna-. . tions in generate much less could she do so if any special kxet ption was to; tfe v granted,by fradcej upon jcondii ions hu ; erly ubversivej of the most important aodndtspotaide maritime rights oil the British mhirel"!; t '. : 'sJi . I -fr ."': VV nusi tuum ucrauauc.in. kZTtr sell, nowtvererrpneousiy, mat tue .ier4 ?m till, aiiU iJii vvSvias..u;y v'1' and tpirali ialdd that jhfc ie-" cution of thi ehgagernent made oifJLhat Icondition M: ihe j British . governnjtnt nau oceniUeciiUCQ,yonc uiiwi vvti i justifiable, as 'a consequence of su;h a ' a T Hi 1 !' I: Wl il i. . V . ..-Us Hi -'H i t ... -.''-. m .-! l: Mi: V, ? M -. t

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