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 .mm mm : M 11 ! .'t ill .ri' ' ' ;- ' ? 'ijl.-XVij was. ,-.-.; ; .1 t.:;v Hi 1 life' to '., .!' . ttill - 1 ... v.V - " - '. mm mm ft; n-i" i. f - 1 T-5; .f 1. Hi i i. A, . .t ; ;. . ' -. i 7

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