i i , -..j' i 'i -.
"A1
J
I;
1"-, t- .
XV-
AN EXPOSITION
OT TtiB. . : -,cr
NI CHAKACTER OP THE
LATK WAK Wir.l G. BUiTAlHr ,
jt hss bcf a shown, that after
y-ii goytrnrocct poisciscd a
fw(jTC of the cxHtence of thfc
r-Uv-crccy U AQthorizlcd the con
j Ut wcatf with the United
x whtcn vbaa signed at London
-V 3Ht L)icf sbcf, 1806, regcrv-
u cot rcUt tbc ifbooxiiiU mca---1.
4lt baa'io been ahfiwn, that
He'Crtat Hfitain could p ssibly
kirria ihc dclcrinination of thr U.
Sq:c ,1c relation to ihc Berlin de rce,,
t- c.airrsia council of the 7th of Ja
ts3 v, ia07, were issaetl; prolcssh!
u tc 3 rttiliatioc agatnei i''ranceat
.-ethsn ill? SwCtsVf F ance and
lWics ncrc themely s coufiocd
their r.wn ports, bv the Up-r -
' . v,.or and di; cip in- J5f tbc . i5r?tinh
but '?pirg, in ft-r, against
Vo-tii Stilts ? as a central power, to
prttibit ibeir V adk. Jrpm enc pof t
DiscihcT, loth ht h p)rtsfhuM
ttbec tu, or J3c in the potW3t( n of
Friwct rhcr aires, or s. ouldbf so
er,at .t wa not u ii! th ; 12th id'
Utb, 1'tfOr. that the B' t'nh xninis
l:txi ttsidiogat VV.;shiogt03,com
tcrictrd to the .Atn'eruan govern
titi, ia tho n irtie of his sovereign;
it j.dcts in council of January 1807, :
ka intimation that stronger mea
rrt woa.d be pursued, unless the
Iricd: :r? should, resist the ope.
nixes c4 t: e Berlin decree. . At the
stwetthe B:itiib government as
na il, ihiit within the pvtiod of
to-c great tvenu, which continued
tjijute Europe,; instance h-d oc
cziizi ia whVuh the commerce of
- 4 i
at.-'i djuocS, mure, eipecia'.iy ot
tt V itcu States rid txpeii.Vcea
ccnuest oistrcses .Irpm its own
-cfi iua mcsurcs, m. niitv'y uo
liJiwiizid by the law of nattoi.o
iiiuriues were givn, thit no iul-
Jiu jiuccqcc on the part oi the
Icud b.us wiuid render them -c-
iaury io the proceedings of one bt
Igcrtu uation, through thtir, rights
cf ccutr-litr. anainat the como;erte of
w vcritryandc righi oi Grc;,t
Bnohto issrt such, orders, unlets
iicrdcfi of bfockadr. to-be cufofced
fctofdwg to the law ct nations, wai j
fcit cacdiu and exnlicit avowal of
& taSrltats of the American jio
t:rsafu;t nyoa :n occasion, so no-'
ft JtKl imrrunt id the history of ',
did cot, however, make its i
J'-JUxprc.siunupun the Briiiih cabi-
Ti'ior, midfoot a5iguiug any new
Hpci;iou itj ihe part oi France,
'-aatr.- uunnjT. mcielv. that ututral
JaiUd r ot been iLduccd tp inter-
Ft, uh c.iect, to ojuiu a .tcvoa-
t! iht t. .tin ,-i. .- V....k;',.K
txtt. Great Bata.n hcriJf h.'d
JcC to le a, dtcrte nominal and
in mint r it nl
t llli r f V I . t .'
1. . ,,,tuiucrt iouf were
r-Sdcclarincr. that all ih nnrr
3 uirM i, 1 Li. -iV.!.
c !ay other ctiuntry at war with
lltSlV. fcuti' alt rttKr "
Jm Europe; liorn which aU
Vfi not st jr. With nis . majesty,
orpUcia ihc colonics belong.
i lo his majtijr's enemies, -should,
cclutLh, be subject to the
tcrictioc, m point of trade
S?, avif the-.same'.were
. " tQtc io the most strict and ri:
wnioi were the produce or
a.',' fr,kia,s letter to 0e secreury
f Wrr of fcuiV better tu Mr.
lc i eouocil of tae.iith
if France dul; not revoke, or
rjnitc i Sra'csfas deutr-kl pow-
t - - a . . .
manafactureor.the said countries or
colonies, should be deemed and con
sidered', to be- unlawfuJ bat that
ueutralVesseU should still J permit
ted to.tradc with France from certain
free ports, or through ports and pla
ces of the British dominions' To
accept the la wful enjoyment of a right
'.s the grant of a superior to prose
cute a lawful commerce, under the
forms of favor and indulgence ; and
to pxy a tribute to Great Britain for
the pri ilegc , of a lawful riaasit a v
the .ocean, wercj coucessions, whi.h
Great-Britain was disposed, insidious
U to)eKacfv by an appeal to the cu
pidity t f of individuals, but which the
Uniteti -States could nver yield V
donsistendy with tie independencs
I and sovereignty pf the nition. The
orders iq council were, theiclore, al-,
tcicd, in tbis respect at a subsequent
period but the general interdict of
neuiral commerce, applying, more es
pecially to American commerce, vs
otstinately m iintiiad, against all the
force of reason, remonstrance, and
of p.utctation, employed by the A
'merican govcrnmqt when the 'sub'
? j'ect was presented to its considera
,'iion. by the British Minister residing
at Wshifigtbtw The fact assumed
j aa the basis of the . orders in - council
! was unequivocally d'uowned ; and it
ti.'Os ol the Bcrliu decree, k was not-
even true that at the tiate of theBritish
ordtaof thc'l 1th of Nv.mber,l$07,
a single appticatiou of that"decree to
the comraef ce.of the United States, on
the' high scas could heve been Known
to, the' liritikh Government 5" while'
the British g&vernitvent hfcd been of
fcrally i .fTmed by the American
minister at; London, 4 that explana
tions, uncontradicted b an overt act,
had teen given to the Amctican min
isur at Puis, which justified . a reli
ance, that the French decree would
not be put in force gainst the United
State's.'?
The British orders of the 11th No
vember, 1807, were quickly follow
ed by the French decree of !an,'
dated the 17th of December, 1807,
which was said to be resorted to,
only in j Qst rttiliatiou of the b irba-
j rous system adopted bv liug'and," hi
in which the deoaiioiuliziog tenden
cy of the orders, is made the founda
tion of a declaration in trie decree,
that every ship to whatever nation it
migtn belong, that should have sub
mitted to be searched by uh English
hip, or to a. voyage to England, or
should have paid any tax whatever to
t.v English government, w8 tfeieby
and for tnat aione declared to be do
nationalized,' to have forfeited the
protection of its sovereign, and to
have become English property, sub
ject to. capture as good &nd lawful
puizc ; that the' Brjiush islands He
pUcediu a state of blockade, both U
sea and iand -and every ship, , of
whatever nation, 6r whatever the na
m;e of its cargo might be, that sails
from the ports of England or thost"
ol the Enpjish colonies, and'of the ;
countries occupied by English troops
and proceeding to England or to the
English colonies, or to countries oc-
cupied by English troops, should be1
good and. lawful prize ; but that ilhe
provisions-ot thei decree should be
abrogated and nalT, la 'tactas sooQj
as the English shouldbid again by
the principles bf the-law of nations,
which are also, the pr)hcipjes rot jus.
tue and honor ) In-opposition, how
ever, to the Milan decree, as ;weU x3s'
to the Bci lia' decree, the Americali;
government strenuously and unceas
ingly employed c, very instrument, ex-'
cept tneinstrumexus or wan; u ac,tea;
precisely .towards France as. it - acted'
towards GreatBriuin od. -similar
occasions.; but France remained for
7
r
See MfCannios letter to Mr. Pinsjiey.
23d -tfebuary, ISty. , ' V , : ' ;
t SecMr. Eftkuie's letter to the secretary,
ofauterdated S2d of February, 1808 sod
Hi9 anawer of the 'secretary of stale dated
tae 2Jih of March W)& - :A , f -
f .See the Milan decree of the 7th of De
csmbti.' " " ,
UruCcr their cuiitnl9 BitnU Dritln : umuuuhuhu, uui iar xrum
uiscliT:ght not trdn frech tier. - I ir.neingtrue, thdttheUiited S:trs
. hreini. however, to be stat- had acquiesced in the illegal opera-
1 wniarsgg
Oariirtk Iaf falr.4Uf ktriract.
UAtrp V F"T rgt14vlU lrthri, .
FRIDtAY,
5 181
a time as insensible to the claims of.
fach imitating the other,7 in extrava
gance of pretension, and in obstinacy
f purpose. -
When the Amerrcan government
received intelligence that the orders
of the i 1th of Novembrer. 1807, had
:jt en under the consideration-of the
British, cabinet, and were actually
prepared for promulgation, it was an
ticipated that France, in a - zealous
prosecution of the retaliatory warfare,
would soon produce an act of at least
equal injustice and" hostility. I'he
crisis existed, therefore, at which the
United States were compelled to de
cide either to withdraw ther seafar
ing cii!2 a and their coma. ercva
wealth from; the ocean, or to leave the
interests of the mariner and the -mer
chant exposed to certain destruction;
or to engage jn open andactive war
tor the protectioa & defence of thrsse'
interests. Tne principles and ; the
habits of the American government,
were. still disposed to neutrality and
peace. in weigniug tne uamre' ana
the amount of the aggression, which
had been perpetrated, or whfch, were
threatened, ff there were any prepon
derance to determine the balance, a
gainst one of the belligerent powers1
rather than the others as the object of
a declaration of war ; xt wita against
Great-Britain; at Icjst, upon the vital
interest of impressment ; and th ob
vious superiority of her naval means
of annoyance. 1 The French decrees
were, indeed, as obnoxious in their
formation and desigo as the British
orders; but the govern meot, of France
claimed and exen iscd no right of
im press m nt and the maritime spo
liations of France wete comparative
ly restricted, not l only by her own
weakness i on theocea,n, but by the
constant and prevailing vigilance of
the flerts of her enemy. The diffi
. ulty of -i lectico ; the iodiscretiu'n of
encountering, at oce, boih ot therof
fehding powers ; and, above all, the
hope of an eily return of justice, un.
dcr the dispensations of theanciet
publi . Uw, prevailed in the councils
or the American government -nd
it was resolved to attempt, the pre
set vation of its neutrality and its
peace ; of its citizens, and its resour
ces , by a voluntary suspension of the
commerce and navigation of the, U.
States. It is true, that lor the minor
outrage) committed, uoder the pre
text of the rule of war of 1T56, the
vitizens of cyery denomination had
demanded from their government, in
the year 13OJ., protection t.nd redress;
it :s iru -, chat for the u iparalleilrd
eaormiticft of the year 1807, the citi
zens of every denomination agdn
demanded from their- government
protecticfn and redress ; but it is also
a tiuih, conclusivelyvcstablishrdj b7
every manifestation of the sense of
ilie American people, as well ai of
their government, that any honorable
means of protection and redress we. e
preferred to the last? resorf of arms.'
Die Amirican government might.
ncnorahlyretirei' lor a time, from a
scene of conflicted collision ; hut it'
j could no longer,' with honor, permit
its flag tot be insulted, its ciuac"V to
tie enslaved, tand its' property ?be
plundered, on' the highway of nafini.
. Under these impressions, the rea-l
UiUive system, 01 in? unstea 9tai'f j
was intVoouced. Iii December 1807,
an embargo was imposed upon all, A-.
merican' vessels and merchandize jh 4
00 pripcijes similar to'thoaev which r
originated and regulatedthcfimbargo
law. authorized to be laid by the Pre- !
sident ofthe.Uoited:State8, in the X auI'f
year -1784 but soon; afterwards, in'hic aj"y.!
trie genuine spiru o wjc punvy, iui
prescribed the measure, it was deel sr-!
cd blaw; f thil tri the event of such j
peace,! or, iuspensipn Cot 'hostilities , j
OetWCeu udtv.M jMjur
roJe or sa.ch iliaoges ia Tthctr;rneaT
iures effecting netiUalcommcfce;s
m ighi femler that of. the jU , State;
ill?, in the judgment of theFresident
h ct the act ofppassed 4ta022a
iJeccinoer tWf7
41.
1
of the tjnited States, he wasjulthorfji
;sed to suspend the embargo, in tHet)
whole or in part.' The pressure off
the.emhargp was thought howerer
so setere upon every part ot the com-1
mbnity;(tKat the Armricaii "gbvcp-1
ment, notwithstanding the neutral
character of the measure, determined
upon some relaxation r-& according-1
iy, tne emoargo oemg ruisea, as coau
other naiions, a system of non-ihVr-course
and mrn-importation was sub
stituttd in March, 1809i as to Great
Britain aud France, which'prohibited jl
voyages iu iiic priusu or r.rcuta '
dominions, and all trade in articles off
British or French product or manu
facture. , But still adhering to the
ntrrrd and pacific policy.ofthe gov.
ernment, it was- declared, that thV
pt tvi e v qJ.trL Ui States should bV tf
aitnonseci in case eitner iManee' or
G eat Britain, should so revoke, or
. m a f A
modify, ht-redictsv as that thry should !
ceae t violate the neutral commerce
lotHhe United States, to declare, the
same by proclamation ; alter which
the trTle efthc UriUed Stateslnught
be renewed with the nation so doing.V
I hes'e appea s to the justicearid the
interests of the" belligerent powers
pr'.vmg meuectuai'-; ana tnencfessi.
ties i the country increaiog, it was
finally r&'ed by the American go
vernment, A tak. tile hazards of a
w r; io.revke its' restrictive s i e.ifj
nd to exclude British- and French
armed vessel from the harbors and
waters of the United States ; but, a
gain, emphatical' to 'jniiouace, 4 that
in cast either Great Britain or France
should, before the 3d of Ma ch 1811,
o rcvok, Or modify, her edicts as
that ihey should tease to Violate the
neutral commerce ; of the United
States 5 and if the b:her nation shomd
nt wit'kia ihree months therenftr, s)
i tvoke pr mofiify, her edicts in Jtke
mdnaer. the provisions of the non-in-cerccurse
and 'the tion.importarLn
law should, at toe explication of three
months, be revivdgaioit the nation
retu ic, or neglecting, to revoke or
m"jily itsedirt.m
lu the course, whichthe American
government had hitherto pursued, re
lative to the belligerent orders and de
cres the ca. did foreigner, as well as !
the pairltic,cit!zen, niay perceive ap !
extreme so ki-.ude, Jor the preserva- j
tion of peace ; but in the pubiicKy and j
impartiality or me overture tnat was
thus sprrad betoref,i the belligerent
rower, it is i npossthle, that any io-;
dic uion shoulq be louuo, of foreign
Influence or control. ; Tne overture
was urged upon both nation f tor ac-1
ceotince,atthe-same tinie W in the H
same m inner J nor was an intimation
withheld, from either of them, that
it might bb" regarded by the be:)ige-
rent first accepting it, as a promise to
itself, aid a warning, to its enemyn
E ac h of the nations, Iro n the ctn
oencement of the retaliatory systt m,
acknovvledgedj that its measures w'eVe.
violations of, public law,; and each
pledged itseltjto retract them, when
ever the other should set thejexaai-plc-.o'
Al houh the American gpvv
ernment, thcefoVe, persisted in its re-
monstrances against ne original trans
gressiohs', without regard to the ques
tion of their,, priority, it embraced
- If
i ll
Vith eagerness, every, hope of recon
ciling the interests of the rival powers
with a performance of the duty whi2h
they owed to the neutral jtharacter of
the Unitta States and wlun, the
British minuter, residing at VVash
intrtoo, in. the year 1809, alurmed in
terms as plain, and as positive, asi
language could apply,; that hewas
authorized to declare, that his 13) i tan -
s orders in council of
: See the act of congress ; paaaed the 22d
April 1807 '-; '
. k. Seethe act of conreas, paaaed -the first
day of March J1809: r
I Se thfe lllb aectioD of the last cited act
of eongreta, . ' . ' , : V '
seethe act of congreas paasea tbtf firatof
May, 1810. w ; . ' . ,1'
y" See tiie cprreapoodence, between tlie se
eretaryof a tate, and the American catntaera.
-.at London iid Fans.;" ' " '
V- 4 See tho docirr&enia laid before uigreaai
.V -
January ar dvlfemberi 1807,lwill
have been tvithdrAWB. as reapectj the ;.'
Uitte : States,on the lOtrt J iine,lPXi' , ,
te President of ; the; 'ijjb tawarj '
hastened, with approve liberalitf ;
accept-the -decIaraXinp' aa condu3ivo -; 1 i - -:
evidtnceVv that the rnromised- fact" : m;3U
vruuiu caisu avuic suuuuicu ucrjvu & . pj .;
ana. ov sn immerirare orocjamatioa .wli
t ' ".. Vv- - Jiff
he aoriounced S that fteruhe
day of June next; the traide'of :thc JJ..;
btates Mritri GrdarBritain, asluspen-
ded, by'the noo inteVcotirie lawt;and;)X
by the acts of ct'Cgres i lavinff ancl en ' ""i
f forcing an emhtgowghiie-renew C ?
neither asked, nor receiveo! fVortfthjB,"
British ' minister," anxemplificu II
ui 11. a
fnstru
order
lions' ; nor the spjieranityof ti iri.!f!
in--(Coimwil i bu- excnted ihiH&
compact, odr tne part of the United I I s v f vi
JT'ca, iu an ux lotcruv or lis OWQ. -i. . VrSIi'
intentions : and laMHrie confidence, cM!f H
which the '.'dfliciiu act of the renresen : Jii!
tattve or his Brit tonic rn ijesty,
calculated to iospi: (3e;ictvand';'
authocityTor the actU wtre,iwever"-V
disavowed by G e''f Bnuio. and rtj
'Er kiae, through'theaid of ingfhdaW'" jS i-
tinr.lt U.hlr'1 fxrfr nr!rrrarT.r
ed,,to justify the J3ntUrlreieciOA! of
the -treaty of 1809, by;refrfb.toth6-'. - ftM
Arer" can 'rei action 61 th(ptreaty?r
1806 .rf:: C ttnlof the eslentlalnolnra -flii
A iliereitce, itm the; British coerri
me riti ou hf fomervjoccasiooad
been exrKrittapprzdby theAme
xfr m negoctor sheir cjlefccto
power1; and that foe uden of the
projected trt-aty had b! ooi either
side, been cOmmtnced.f: ""Jl
4 Alter this aoprttvjsempt to ob,
tn a just and 4ionorabfe jivbatiora
of the "British .orders 'irsVcouncjlt the.
Uuited States :w'ere agf6 ia vited id
indulges the hope of sifey. and trarW1
quilitv, w ben the minister of France
inn vuced to the Americinminister
a Pjti, tht in consideration: of ho
act Of e 1st sf M'j tQQQ 'ibhich
the congress ortthe United State
engaged to bpposeelbtharOQe..,
of the belWcrent rwwef's!, which
fshqujri refuse, to ackndwlhdcefthe
tignts oi neutral-, nejwaa aiidiriifvl
iooc-c are,, uyji.ine oecreesoritJerlia K
and MiU;n wrrie revoked, aftif thatafV t,
ter the 1st nP Nvffmbr, idlO,:thev
wou'J c?aae to have tlTztti it bein
uiide'rstiiocj;. . that in! coneauenc of
thandeclaratiotoV the Eh'Jtah should
; I revoke theirtbrders jr
vvhich they hd whed to tstaaUsh i
or that the Uhitrf; ts ohlffc,
oly to. the act of coieisMsholifd
ww- nicjr rignis to oe respecrcd of .
the lnSBh. '.S'rfwtii'f?!
livered by;the oSiclaK3atb7: tjiet M tW$k
g6yernmcpv.of;Fra 'fc?
sovereign, ; was ot the highest aU
which was possessed y fthe Bnfesfi V
umiiavci, jcsiuiog-aM vasnington,
when thev arrangement ;bjfV the eaf
1 8 -was acccjtedrKlexecttted! Jbyi
tSie American jpovcniinrt Mhe -
Presidiit of the Uni tert States. 'thire- :
foreowed to the coirsisteney of his
rj u &j ; arcicrvHoo ioxne i crates , ox
a sincere impartiality; a; prombt1 ac
thonpaccordiag to all rules of 4i V "p'ii
p'omatic intercourse f acf xcritiJVf
far surpassed .ahyclain-of 'creeincft'11:-' : -f Kl
ccptahce of the Fiench bvure; firiii V:t.;
thr tiie Ucrhbuldextsii at thestfea.
thtcd period beioan admnieifa ;
a prjmuionWas v5' f te fd4
bfIoyelrnber, 1 8 10, ahnuncing 4 that" !
t yoked, : as that they " ceatsedbb??Uie
hrst dayal the same month, to watev
the bcuirjai icoiripen;bf the V$tvfc
S&teand that all reitH
:rSeeaJ eorrespoicknce betwe J ifr.
tary of statepn tbeib, il8thjwd 19hof .
Sprii, 1SJ9 andtbe fTeaident's procuma
tion sf tbe last:dal&
a ocesfjr corresponoenee DetweentDe te-
eV-ry ot uxvbc, sod Mr. Jaekaon, tbo Br: i V
l'; Use dtt eCaddreVletier itr.
ArmstfOBf f jmed ue Aug. UIQ
'lifts
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