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r ' v;.. 7v , -Xs' x - r ft. FRidAV, iruLYtX: let?; ;r . !"X..' Vox.. XIIi: - 1 - I by brfcrf Cons ples of 1ct ' ' - "i L ....... it,. ;. ten which hire p "-'.".'V1 " e;tt.r or State w.J tbc.Eny 'P orfin.ry d Min.Jter Plenipoten.Ury fG'"tf'itr-' JAMES MADISON. f COnnESl'OXDEKCfi - " ; OX THE ORDfUlS JXpOUXCSL. Sir Since I Mdte.hoDor of irciAg TOti tl your wiuw- j fc-,r 7.- - 7 . ieWtrf n article in 4.pubntprlnJ, swted to be eicractcl:.imnv ari nK.i I Council will b ao arc ttoolatcJy.rcTok, rd from the pcr-V!;-' the Bcrl n nd Milan decreet V i tomc authentic .rt of the FrcncW Jsmment, publicly, promulgated, bts.ei presjly-'and I uocqq ditionally repealed. A coniiderabic time hat now elapacd -sincr: by order.of my coTemment I bad the ionor of urging to you the.ejtpMiency of procuring such tn authentic act from the! French: fep icrnmenr, nd in all probability the. a bore declaration; may. hare been isfUed in the confident erpectaUon that the go vernment of theU. States vould hate been able to producVit ere thia. . At all eTentssirjtnderlngtneinv ciil coramunicatiott to tte Amcncan government in. relation to it, I cannot but truujhat.no tneauwillmean nhile be adopted by the Congress; which vould defeat the endeavor of procuring a complete reconciUation between our Iwo countries. f . , Should any embarraasmenta arise in consequence of the declaration on the subject of the proppsftj revocEtioa to! the orders in council, aboTe alluded, tp, rest ing at Dresent up6n mere statement in the newspapers, iVl 00. doubt occur to your rccojiccuoorf,i w menr of those jorders'a fneaatire wasta v.n h rontfressfor the purpose of meeting them when they were as yet known but through'.the public prints. IR. roSTER TO MR. MONROE f Washington June tb 1S12. . Sir I muft.rtlr QP" ycur candor to feel far tbe erobirrassnient intnr wich your note of this day sec tast Register his thrown roe.;' Willing 10' comply withthe request contained in itt4 yc(cannot bube sen sible thatln. iriaking any porhon of a dispatch from bis Majesty Secretary of State to me the subject of a corres pondence between Us, I should not be justified to my own government. I be here there is no example of a corres pondence of such a nature, and I should be very loth to establish the precedent. When 1 had the honor to "make the communication of Lord Castlercagh's dispatch to you, in consequence of its being left to my own discretion to do so, I did it because I had reason to think, from the number of my, letters which then remained unanswered at your of iicr, such a communication, if made! through a note, might have shared tbe fate of the rest. You will recollect that it was at your own request that I acced ed to the dispatch being communicated to the President 1 and that it was also at your instance, as being the only regu lar way in which the subject could come before the American government, -thai l'determined to write to you a note founded upon it. You were aware at the Utter end of lastTweeV, that such was my determination; which I repeated to you through Mr. Graham who called upon me on the 30th ultfmof to ask roe, "when X contemplated sending it to your office. 'The note must have reached you and been read before any message could have been sent from the Execu tive to .Congress. , . : I cannot, sirconslder-my note as Iit able to the charge of ambiguity which you now impute to It. The abandon meat of our most important ' maritime rights is more exTeniiyely than ever connected by France with the 'demand of a repeal of our orders m council, and while yo are entirely adent aslohaw lr America concurs with hc.'on .thls, rewspapcr, tnd purporting co oc p ci.1 Hecltfaiion of t .,. Prinre Recent, thatjhe Order m pcrunt nature of the' above raemionea article and ihe probability that I shall have soon tq be the organ of some f IB- 9 r j point of vital interest to O- Britain, wih J out even a prospect of a rply Crotti you to out just cpmpiaints,. aa expreMcu m Imv note od the fcoincideitce of the atti- tude tsKfn oy America wiuj iwc iww; system of Fwn'ce,.! cannot but be aware Kof the chSuouics to;.whlch I shou!dex: pose royieiin wienng n tja "flalion.on'anyinsulatejl, passage in it. T might, perhapt? by continued silence on ytur party ne?ef afterwards have ah op portunity pf miking furthej ex plana tion, arid you. are well aware hiw fre quently points tak-n unconnected with What precedes or follows thenr are Iia--ble.to misconstruction! . ' . iutiir. a' reason paramount to every other', for my riot committing, my self to an'explanatioo on any single topic, with out tfle discussion, between us were to be continued, is this publication oft the hiRHly important declaratiorof his Roy al Highness the Prince Regent, to which I had the honor to allude in myrnqte to you o! this morning. Ydu .will there find listed, in hi explicit and authentic a manner as language can convey, the grounds upon which his majesty's orders in council will be revoke i. I cannot, it is true, at yet, refer ypu officially to this document,. but I roayvnow.be in the tx-. peciauon 01 receiving u m a iuuuji shape within avery fey days; tfnd to geber'with it every, explanation possi ble which you uiay;requife. MR. IOVROE pOttR, EGSTER Department of Stale, Jwu faSll. 0 Sir I have had the honor to re ceive youf letter of the 4th instant. The receipt of that of May 30th has already been acknowledged- . ; s ;rAi theseletters relate to the same subject the orders in council, I shall tare ootn into view, m uiis rcpiy I am not disposed to make any un necessary difiiculty, onaccount of the informality of the document alluded to in the last letteY. . If the declaration of the Prince Regent was such as to afford the satisfaction desired, it would be received, in anyJbrm enti- tlect to credit with great interest, as a token of just and; friendly sentiments in your government towards the Uni ted States. But nothing Is seen in that act, of the character which you impute tp it--. Without removing; single objection to the principle on which the orders in cpuncil were is sued, andkhavc. been maintained, it affords a complete justification of the demand heretofore made on jrour go vernment for their repeal. U The British government has com plained that the U States demanded the repeal of the orders in council on a conditional repeal of the French de: crees, although the French condition required nothing of G. Britain which she otght not to have consented to ; and was moreover, a .condition sub sequent .and not precedent; ami it now proposes to repeal the orders in Lcouncil conditionally also, with this difference, that the condition on which their repeal is to be made, is a condi tion precedent and ooi subsequent, and is likewise ope-which G. Britain has fjo right to claim. This condition requires" that the French decrees shall be absolutely & unconditionally repealed, that is, that they shall be repealed according to ex planations given, not only. as they re lated to the United States,Nbut a to an oil r ucutrai oauous ; auu aiso as they prohibited a commerce in Bri tish manufactures, with the enemies of Great Britain.- r 1 So far as the French decrees viola- ted the, neutral commerce of the U. States, we had a right to demand a repeal of them." To that extent we did demand their repeal, and obtained it. The repeal was declared by an au thentic and formal act of the French government, and communicated to this government by the minister ple nipotentiary of the U. States at Paris, and to the British government by their, minister plenipotentiary at Lon- don, and has moreover becu officially pablished .within 'the United States. Trie authenticity of the repeal wag pla cedt beorjd all contro veirsy; . and the official ; xtunner un ; which it was communicated to your government ought to have be'eri satisfactory to it: I A general repeal' pi tne r tcdcq JJc crees in favor of all neutral . ftatiofis, jrgislatif e branch or tne goternment, ; rl and of' such parts of ihem as prohibit hav toadd thhadit beeftf pVc1iperir cd a traile with prance ancltnacoun. him oto haver :nehtjat i hour, at tries unclcr heripntroKtn British ma. nuYacturea, the United States have not demanded, because they had no right to demand it; -IrVcitJnited, States have required of preat Britain hd tnore hartv they required of France ;; namely, that her unlawful edictk should be repealed so far as they. related to us. To a com pliance with this demand your go vernment has prescribed conclitions, the mere recital of which is siiffi'ctent to shew thelf injustice. kThe United States can never suffer their rights to be violated by Great Britain because the commerce of her enemy ts not re gulated tosuft her interest and policy. & If the Duke of Basslno's report to the Conservative, Senate of France,, published in a French newspaper, be sufficient evidence that the Frenchde crees are now in forces it, is not, per ceived oti'what ground jhe high cvi dencje which has been afforded of their repeal could have beenfesisted. It is further made a condition bi the proposed repeal, by the declara tion of the Prince Regent, tnt it snail take effect at a future uncertain clay j and that the orders in council should be agiiii in force on a contingency of which the British government's to be the sole judge. If .this weret a grpund on which the U. States could call upon France to repeal her decrees in case they i'were still in force as to them, surely the French repeal,'. to take effect On a future specified day, and whose revival was not provided foron any contingency whatever, was a ground on which their call on Great r i ft t ' untam to repeal ner orders in coun cil in respect to the U. States, ought ndt to have been resisted. In reply to your insinuation, that the demand made on your govern ment to repeal its edicts which vio-, late the neutral rights of the United I States, is made in concert with France, to obtain from Great Britain an aban donment of her maritime, rights, it is sufficient to iefer'ybu to documents which have been long before.the pub lic, and particularly to , .the; letter of Mr. Pinkney to the Marquis Welles- ley of Januarv 14, 18:12, protesting in the,most pointed manner against look ing to any other sourcefor the cfpin- ions' and principles of the U." States ) tnan to tne unuea states tne msetyes. Let me repeat, with respect to, the or ders1 in council, that all we derhancHs, that they cease to. violate the neutral rights of the ' United States, which theyfhavelohg violated and, still, vjo late on; the high pea Should they be continued as to France in any form which may not violate these rights, or as to any other neutral- nation to which they may be applicable, it would be for such nation and not for the U. Statesto contend against them. : The report of the French mi nister on which this declaration of your go vernment is founded, -affords no proof that th el French grv ierbnient intend e"d by it tqjviolate its engagement to the uuucuoiaics, as to ine repeal or inc deVrees.Xlt .evidently, refers rtChthe conttaental flystem, by 'the means re lied on to enforce it. The armies of France can be. of no avail either in the support or violation maritime rights. This construction is the. more mstinaoie irom tne consiaeration tnat it is supportea oy correspqnaing acts of the French government,1 continued from '.the tunc of the repeal, and ;by communications tathe minister pleni potentiary bf the U. States ax Paris to the date of that report.', ; I beg you, sir, to be assured that it is painful to me to have Imposed the least embarrassment on youADyX-the cbrres; ' ppndence'bci the difference between, the tenor' of Lord Casexagh,a: JeU -to you, ana yours touoaea on it tome. .1 continue to persuade, myself however ' i il .. T J.' ' . 1 V ' -sLf! '1 intuyouwiii pecorne scxisiuic, uiawim a knowledge.ofthejwtfnt given by your go vernment' to thit conditions on : which alone itsi6fdera will, he repealed,and tecvoy your government ii was impossi ble Tor the Presidenito heinatteotive to tFte fact, or t6 withhold K from the le- ..' . f ' ' : l h'. . t . ' ..." . 1 . , , . ' . which your noteafcyedf not. noon of the 1st tnst. was not in' iime td be considered In fclati&into tr message sent to Congresson thaVdayxV- (On the subject ojjmpressed Seamen) fitR. FOSTER TO MR MONROfei ; ' r y Wasbiwtm. June I, 1812 ;: StRI h2ive, the honor .cip acknow ledge.thev receipt bf your ' letter pf?jthV 30th ulti in reply to my nptefr April 15, relating tb a seaman who had been encouraged to deser fromT his majesty's schooner Gleaner, certain of the in habitants of the' city of Annapolis,' and containing an ofler,-which I shall .aU' ways be very happy to repeal of usin my best exertiop s to procure thei charge .of such seamen as. have btep i mpressed t?a board Jhi s majestys, shi ps; and can be? trgally! cla'rriied by ihe go vernmenof the United States; V Mr. r goes oh to sjneakof this ideser lion from'the Gleaner and then says? '( 1J have pow, sir, the honor to lay be fore ypu by order of his royal highness the, Prince Reght, the enclosed papers jfNfo. 1, 2, 3,.4i 5,) relating tp English seamen wno nave ocen uetaincq,. against i ' - ti" "i 1:5 : . I their will, on board of ceitatn ships of war of the UnitedjSitateswhich have of late visited Great Britain 1 and to ex press his royal highness sincere belief, that these several i sources of complaint have originated without the concurrence o participatioh of a state with which he is so 'in x ious- toreserve Van a m i cable Intercourse, as well as his conviction' thai the 'government of America has qnly 'to I oe lntpTmeu oi me race 10 taKe prompt and satisfactory measures for ihe cor rection ;of the practice. '' !fc ki The' American' government 'Ulr; ceive from Xhis friendly communication, that it is notion ths side of the water alone that th'e mconveniencei necessarily resulting trbm the similarity of habits, language nd manners, -beiweenlhe in habitants of the two countries, ispro 'ductive of subjects of complaint and re gret4 These Vre', howpverat the same time, natural and strong inducements for a conformity ol interests, and most particularly for a readfhess, to. give and receive; mutual explanations tupon all subjects of difference. - 3 I have it, in charge to repeat to you. for tne infoVmation of your government, hat the- government ofhis royal highJ ness the Prince Regent will coritinus tp give the most positive orders against the; detention of American citizens on board his majesty'sShips j and )haf ho diffiqut ' tiesji' biyond what are requisite fotclear ly sscertalning the national character of individuals"whosexcases are brought be fore the lards "commissioners of the Ad miraUy, will ber interposed' to' prcyent or delay their immediate discharge. Mr. J?i concludes his letter )viih stat intr the case of the seaman Bowman said tb.be on board the Hornet. MR. MONROE TO IR. FOSTER, ' V v Department of St&tet june &i 1812, , Sir I have had the honor to receive your letter of June 1st, wkh the pajers enclosed, relating to several British tea men who are stated toHiaVeeotred'-inj to tne naval service oi.ine vnueti oiaies. Without repeating, what. I had -the honor to state to you in a personal Inter view espectinfe the ' desenerJirpmpUve Gleanei, and the conduct of the arme. pahy from that vessel who, pursued hm somi distance into the country ; I shall copfine my rendiaVks to your compfaittV of the detention bf British searneh in A merican vessels, .twierity-erght of whom are said to be qriHoarcl the Constitution. Although thej fact 'canucft) tnitted on the evidenceproducect.because it is contrary to the fws of thetj. States, y3t It will be inquired into. If iV als possible that the seamen so detained, ad - nutting, the- fact of their detentioa, may have become legally American citizens, in whichcase $hey must be protected as such. ; Te gromnt pfe Ttates jean make ho Utinctiombetweei and naturalized jcitiens, as hasLbeen alf readynarke ro-ybu. Ijrepeaf also, thai your vernment jcabnbt object to )his rule, bwataer a' Bluish statute natu rallies, ip$o fai0yiX alien seamen who shall haw fei two years on board a r-Rritih dhinfif WaiCanrt rnmmpM fKrn. s. quauy witn nauy es, aupjecx.tp tne auegi ance j k enriiled lhe prdtectibh, of C&B. ' The principal object of ivour letter seems to be. tpfc hjid somerahalogy be- iween tne. Amencan praciice ;.wim .re spect tp seamen and the Brttrsli bHcxie :.e I arid deduce frbna tba or pier a j ul: u-- rerpiii ju ithertcphl " hraialipi 4 he .Xero -hibithehlistnieni aliens fhtd "their KVesselrbTwar, K4such r&guiatidhs ex- J tsv vii uc oi orcatrir:ajv--, ;. v ; Ifcim arejeontrary to thejawbfthetfState This QCfrbt; lihips Is hblTohly ,pracuced bJyjG Bri-.; tain wit hit herygalju extepded feforagh vessels jbh thtKrnc:h'V jbaa?; with buscaggravate ihe nibn have enacted laws whviiihig.Tprthev. restbraun of seamen ahandontng-he service, primercnar theyrwefeV$ouh1i ehgage--' . mehtIprpviqrVhs helnr made ' ibrOthe surender3ff deserters from pub lic ships, itis hccaiise uch desteKSiJ seryice,i.wuld. be "deemed: malefactbrS : a puni5bap:q as such ; and u fs not the practice of any count ry particularly of G Britain,. to surrender malefecior3 without sffpulation, whicjS is Iway s reci from ekperkncehit.n5'prb top. restoring American seamen to otir merchant vessels- pven tnT the fulfilment-: of their ybluntary gagemeht; and ife deserters fcom A merican ships of war , , are ever restorec),;it i5W6co6tieii' ; not the legal dutybr perhaps authority orBntish naval .etrnmandersr and Frorri the p'olicy of recorri mending a pfactice, wrchuf fnutuar; ;must be evidently m ' favof of the British service, the'deerjlon frorn it being so common. in com parisn - ' withVthati from t the, service of the U. Sr - . X ou oDserye mat your government as charged you :ip- statej) tfiat Jt ,willf conUnue to cive thernosti obsitive orders agai n St t h d e ten) pf Am i ericii i i - ' zens bh boardpl rijjfeh pthose nrders. were to prohibit- the im-' pressmeni oi seamen tram Ame rjran vessels at sea, the eat source of the. ; evil they would have been-awelcpme pro6f of its disjpositipn r-tiSli&'-y promote a good nderstanip ' the'two cpuntrlesothlnY can be an adequate remejKand ihefTj' States are known tphready to, substi- tute tb the? practice the mbslibraVar rangetneots 'h the ubu t&: ButtLup pose the orders to be given assigttiBdv' " and in ther. iatue'.and :;jftirai. pr.nsip4 mbst6cr&cic3. hbwiic;jul . iheyvrestpieQi that portion of the thousands of our,c(i kin.wa tiaie uccm iiuuu Q; into snips siauonea or. more parts bf the globe! pined only; hf ) your vrnrdenPwiU continue to give orders against the de tepsidnof rricanrcitireps on bi ird British; shipsoitar 4 It fallows 'ut t he v are to i be defamed as heretoifirH. . t Xintil ferrtalTpb a incp ri iisjv aumirajty, in eacn paru cu lar i.nsticeVih is an alive ci tizeri of tjtil Vi Bsdjfllcu dUy;ii)eaping heedxplapatibnKbriil ciuse pf complatnt. Jensuch i.; pr ot ha been produced ltPthe 3ritisl irfi- ralty direct r&hsal jd made tpthtv bharge of )heeaah in Great -Britain shall hav marii d there, pr shall have accepted ;the bounty givep toseameri yol service, although for thej most part the Ameridan seamen, after having bden . fprced into the- service,1 have accepted boumV-cithto iliefwislelto alte viaiettheircbnduiobf p mit-other, .causes of might be mentioned Add to the"v hofe, that it is not sufficient to proves that the seamen taken '0&m ' lrn erican vs? IS are: not subject of Great Britain, noxthe. subjects l ofher enemy x 'K-iia ?n the inyarwble ractke"bfihe tp include 'in their impressments" fVoTn Americanhifi ;cUfzens;atd sub jectsTp ' eery neutral hatioD, eveh w'e e)t it was known that they were such ; and no insUncJrj fa 6f; the shecesirjof ar;applicatibrKfrheV restoration pf spch neutral aliens to the? service othe Upited j States. x"; v i,f Thesfrbrvations J cant fuila I presumei ;to. satisfy! ypu whdvriiit ouniiirpur; government's ; tb ;:Uie, cmpjaiptstated Ihfj nm jfelteVV anclhow mpch thc SW for thos?, tuey have ao long aricl the same tinwsp ineffectually , prist nt , jjdip behalf of their, injured .marine Ml ' km yr l m A :1V till: '-' J. - i. I v 'w-ifeiiwC: . XK . f . . . '- , - ' ' . ' i - - '- -H .. .v' ' t
The Weekly Raleigh Register (Raleigh, N.C.)
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July 3, 1812, edition 1
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