Star. — London, England, 1811-02-18 00:00:00

' jottii kiiieti die genie (tat lb the Consuls enel Vice Ctinitils of his Mejettyetlier rb eki4efialy prohibited VTASHINGTONe lAN. I: •i front &littering ce r tificates orferigin for, nrerchandize the following documents were laid berota the of any kind; or under :MY' pretext whatever, if the House of Represettatives yesterday. vessels arenotelestined for France, ; A . THANsLATION Or A DECREE 07 THE 15TH ( 9 ) 'Phis reply to your second question, Sir, furni shes JULE, 1810. ' you with a solution of the third. The Consuls and • Thirty or forty American vessels May i mp o rt into Vice Consuls of his Majesty will have ceased to deli., trance (under licence) cotton , fish-oil, d y e-wood, salt- vet certificates of origin to vessels for any other place fish, cod fish, hides , and pel tr y . Th ey may export than France, immediately on the receipt of this circu wines, brandy, silk, linens , cloths , j ewelr y , household jar, which will reach them a few days sooner or later, • vccording to the greater or less distance of the places f urn it u re, and other manufactured articles. They can only depart - from Charlest own and New-Vork e - of their residence. Concerning cotton and.tobacco : their importation under the obligation of bringing with them a garotte into France is at this Moment specially prohibited;— moreover a certificate of the origin of th e m e r c h an- but I have reason to' believe (and I pray you, mean , while, to observe, Sir, that they do not rest upon any dine, given by the French Consul, containing a son shall facts) that some modifications will be given to this tenet in cypher. The French merchants who absolute exclusion. These modifications will not de relicts these vessels to come, must prove that they pend upon the chance of events, but will be the result de ore concerned in the Fabrics of Paris, Rouen, and Of otner measures, firm, and pursued with perseve other towns. ranee, which the two Governments will continue to adopt, to withdraw from the monopoly, and from the vexation* of the common enemy, a commerce, loyal (loyal) and necessary to France as well as to the Uni ted States. Accept, Sir, the renewed assurance of my high consideration. (Signed) TURREAU. TILE SECRETARY OF STATE to GENERAL TURREAU. Department of State, Dee. IC 1810. SIR—I have had the honour of receiving your let. ter of the 12th inst. in reply to my enquiries in rela aion to certificates of origin, as well as to the admis sion into France of the products of the agriculture of the United States. • From your letter it appears, that the importation into France of cotton and tobacco, the produce of the United States, is at this time specially and absolutely prohibited. From the decree of the 15th July, it moreover ap pears, that there can be no importation into France, but upon terms and conditions utterly inadmissible; and that, therefore, there can be no importation at all of the following articles,_ the produce of the United States, namely, fish-oil, dye-wood, salt-fish, cod-fish, hides, and peltry. As these enumerated articles constitute the great mass of the exports from the United States to France, the mind is naturally awakened to a survey of the actual condition of the commercial relations between the two countries; and to the consideration, that no practical good, worthy of notice, has resulted to the United States from the revocation of the Berlin and Milan decrees, . combined as it unexpectedly has been 1 with a change in the commercial system of France, so momentous to the United States. The Act 01 - Congress of May last had far its object not merely the recognition of a speculative legitimate . principle, but the enjoyment of a substantial benefit. The overture, therein presented obViously embraced the idea of commercial advantage. It included the reasonable belief, that an abrogation of the Berlin and .Milan Decrees would leave the ports of France as free for the introduction of the produce of the United States, as they were previously to the promulgation of those decrees. • The restrictions of the Berlin and Milan Decrees had the effect of restreining the American merchants from sending their vessels to France. The interdic tions in the system, that has been substituted, against the admissiOn of American products, will have the effect of imposing upon them an equal restraint. If, then, for the revoked decrees, municipal laws, pro ducing the same commercial effect, have been substi tuted, the mode only, and not the measure, has un dergone an alteration. And, however true it may be that the change is lawful in form, it is, nevertheless, that it is essentially unfriendly and that it V.—CIE.NERAL TURREALI TO MR: SMITH: ('iranstatton.) WaThington, 9.7111 Nov. vuo. Sin—Since our last conversation relative to the. certificates of origin given by the Consuls of his Ma jesty, in the United States, I have collected and read ever the different orders of my Court on that subject, and asked of the Consul-General 'of France those which he might have received directly on this part of the service, so essential for the security of your exportations. Lt results from the instructions which I have re-. ceived directly, and from those that have been eetit to the Consul. General, that the Consuls of his Ma jesty in the United States, do not deliver, nor mast not hereafter deliver, under any pretext,. any certifi cate of origin to American vessels destined for any port other than those of France ; that they deliver them, and will deliver them hereafter, to all Anieri , can vessels destined for the ports of France, loaded only with the produce of the United States s that all the certificates anterior to the last instructions, attri buted to the Consuls of his Majesty, and which it is pretended were given for colonial produce that evi dently came from England, have been challenged as fake (argues tie faux), inasmuch as the English pub licly fabricate papers of this sort at London. This s Sir, is all that it is possible for me to say to You at present respecting certificates of origin. 1 cannot doeibt but that the Government of the . United States will see in these regulations of my Court, an intention, distinctly pronounced, of faveure. ing the commercial relations between France and the. United States, in all the objects of traffic which shall evidently proceed from their agriculture or mantle, factures. You will readily perceive, Sir, that in giving this latitude to the mutual advantageous relations of the two friendly people, the Emperor cannot depart from the system of exclusion against English commerce, without losing the advantages which his Majesty and the allied powers must necessarily expect from it. I have the honour to be, with high consideration, &c. (Signed) TuRRIAu. Hon. Robert Smith, Secretary of State. THE SECRETARY OF STATE To GENERAL TURREAU. Department of State, Nuv. 28, IBte. SIR—I have had the honour of receiving your lee-1 ter of yesterday, stating that the French Consuls in] the United States are at this time authorised to deli.l seer certificates et origin only to such American ves sels as are hound to some port of France, and as are laden with the produce of the United States. It will afford satisfaction to our merchants to know, end, therefore, I have to request you to inform me, whether, in American vessels, having such certifi cates of origin, they can export to France every kind of produce of the United States, and especially cotton and tobacco. In addition to the intelligence communicated in your letter, in relation to the certificates of origin, I have the honour of asking lrom you information upon the following questions: Ist. Have not the French Consuls been in the prac tice, under the authority of the French Government, of delivering in the ports of the United States,' certi ficates of origin for American vessels bound to the ports of France, and of her Allies, and laden With I either colonial produce, or the produce of the United Seites ? Have the French Consuls in the United States lately received from the French Government, instruc tions not to deliver such certificates of origin for . American vessels, and at what time did they receive such instructions ? 3d. At what time did the French Consuls cease to issue certificates of origin to American vessels, in pursuance of instructions from their government, in cases of destination to ports of the Allies of France ? These facts being connected with questions inte resting. to our merchants in foreign tribunals, your goodeeess will pardon the resort to your aid in ascer taining the:n. I have the honour to be, kc. (Signed) R. *WITH. ' CIREIIAL TURRrAII TO MR. SMITH. Crtarait ion.) Washington , Dee. IL SIR— If I have not replied sooner to tl:e ,letter which you did me the honour to write to me on the "9th of last month, it is because I have sought infor mation from the Consul General of his Majesty, Whe eler he had not received directly instructions more re-; cent than those which I had transmitted to him ;—. l and also to enable me to give apositive answer to the questions contained in the letter referred to above. I reply, Sir, to the first of your questions, that M. M. the Consuls of his Majesty to the United States h the always delivered certificates of origin to Ame rican vessels for the ports of France ; they did it in execution of a decree of his Majesty, of the Ist Mes sick's, of the year 11. M. M. the French Consuls have also delivered them to vessels destined for neutral or allied Dors, when ever they have been required of them. This measure was sanctioned and authorised by a circular dispatch of his Excellency the Minister of Foreign Relations; under date of the 20th of April, 1808. This di:- perch prescribes the formalities to be gone traough for the certificates delivered in such cases. 1 proceed now, Sir, to reply to the second of "yOur. questions. By a dispatch of his Eiteelrency the Mike of Ca. Gore, of the 80th of August lair, received by the Hor net, the 13th of laic mouth, and of which information . NM ~,.~ • . . . liertY s tint Lein itlxaci aril detained by ifta ei• vAteers of Dehmitli t ppisn'the ., stippelsliitin t YFil *- certificates of origin +were epurioltsoitridi ritt•attaieriicid by the French Goveinment, 1 it,.neVerdse,less, to he regrette4 that the functioilaficeof 'France in DI mark had not made known to the Danish authorities, during the occurrence of such oUtragt on, the Ame rican trade, the error of denouncing, as autl:entic doculnents, which had beee lawfully issued uy the accredited agents of his Imperial Majesty. I have the honour to be, Ste, (Signed') r.. • Translation of a Letter from Clenenil ati, Minister real• . r ott, u ti.ry of Isis Imperial and Royal Mille sty,. the Dive/or tit the &Loch, kc. to Mr. SIIITR, Secretary of State. Washington, Dec. 25, Isle. SIR—I have received the letter you have done the honour to write to me the 18th of this month, and I hasten to transmit a copy cult to his Eacellency ! the Duke de Cadore, This dispatch, Sir, being an aestv& to the le ters which I had the honour to write to you on the 2'l'th of November and 12th of this moath, naturally takes me back to their object, to which I believe it is my duty again to call your attention. I pray you to observe, that the last instructions I have received from my Cow, relative to the new di- I rections the commerce of France with the United States must follow, are of a very old date ; the ofs-1 cial dispatches from which I have taken them are of the 12th and 28th of April last. It is the more pro bable that the regulations of my Government in re. gait to this commerce have undergone some moditi-1 cations, as the Consul General received by the " Hot.- net," dispatches of tte 10th of Judy, 22d and 30th of August last, in which it is specially stated; fiat cot- tons may be imported into France in American yes- sels, and under certain regulations ; whereas, accord ing to the instructions which were' addressed to me ol the 12th and 28th of April preceding, cotton and tobacco are specially prohibited. I will Add to these data (cc: Donne:), that aceor dinF to the orders transmitted to the Consuls of his Majesty, respecting certificates of origin, and under the date before cited (30th of August last), they may deliver them to all American Vessels des tined for France, observing that these certificates are not applicable, but to the product: of the United States. If these certificates of origin cannot be applied but to the productions of the United States, and *can not be given to any vessels but those destined 'for France, the introduction of these productions is.not then prohibited theft. Ypu will be pleased especially to observe, Sir, that the dispositions which were announced to me by the dispatches of the 12th and 28th of April, are of course ;interior to the repeal of the decrees of Berlin and Milan, and are necessarily without an object the mo ment the said decrees are , no longer in force. Ido not know of any subsequent acts which modify this repeal ; for the instructions already cited, sent to the Consul-General the 30th of August last, relative to the certificates of origin, arc only a consequence of it, and formally exclude only colonial productions. Furthermore, Sir, I have before me the letters afthe Duke of Cadore to General Armstrong, under date of the sth of August and 12th of September, of which copies have -been sent to me by order of my Court. These are the only documents on which, it teems to me reasonable to fix the attention (s'arreter) and I see in them nothing which can cause it to be supposed that the French Government may have had I an intention to modify) or to restrict the repeal of the before cited decrees. This act contains no reserve ; it does not exact any guarantee. The declaration of the Duke of Cadore is formal; and it.is the provisions themselves of the act of the Honourable Congress of the Ist of May last, which have dictated to him the consequence. as true, iat _is . ty ~ , ___l, ___ ______ _ does not at all comport with the ideas inspired by I I Seise this occasion, with eagerness, Sir, to renew your letter of the '27th ult. in which you were pleased to you the assurance of my high consideration. to declare the " distinctly pronounced intention of his (Signed) TURREAU. Imperial Majesty, of favouring the commercial rela. CORRAL ARMSTRONG TO MR. SM:TII. tions between France and the United States, in 0 ' Washington, December 27. - the objects of traffic which shall evidently proceed 1 Stß—The inclosed documents, marked 1 and 2, were from their agriculture or manufactures." intended to have made part of mylast communication. If France, by her own acts, has blocked up her The paper entitled 4vir au Corytnzffcr, Scc, contains a tat ports against the introduction of the products of the riff of the new duties payable in France, and sliews, be- United States, what motive has this Government, in sides, la hat are thearticles of commerce admissibl e there. A discussion with a third power, to insist on the pri- .--,..1f this paper has no other value, it will be found vilege of going to France ? Whence the inducement important for the illustration it gives to that passage to urge the annulment of a blockade of France, when, of the Duke of Cadore's letter to me of the 12th of if annulled, no American cargoes could obtain a mar- September last, in which he says, that " American ket in any of her ports ? In such a state of things, a , vessels loaded with merchandise, the growth of the blockade of the coast of France would be to the Uni- American States, will be received without difficulty ted States'as unimportant as would be I blockade of into the ports of France." It is also in perfect con the coast of the Caspian Sea. . cert with the practice of the French Custom Ilouse, The British edicts may be viewed as having a in the case.of the ship Ida, coming from Boston, with double relation : Ist, to the wrong done to the Uni- A cargo of cotton. I am, &c. (Signed) ted States ; 2d, to the wrong done to France ; and JOHN ARW,THOWO. it is in the latter relation only that France has a right 'GENERAL ARMSTRONG TO MC SMI 111. to speak. But what wrong, it may be asked, can wasainataa, December 10. France suffer from British Orders, which cd-operate Sta--In giving the few papers I brought with me with her own regulations ? another examination, I have found the enclosed ex- However sensible the United States may be to the tract from the minutes of the French Council of Cont. violation of their neutral rights under those edicts, yet I merce of the 12th of September last*. Having a if France herself has by her own acts rendered it a iconnection with the subject of my letter of yesterday, theoretical instead of a practical violation, it is for I have the honour of transmitting it to you. this Government to decide on the degree in which sa- (S igne d) ROAN ARMSTRONG. crifices of any sort may be required by considerations a'' See the STA* of September. i which peculiarly and exclusively relate to the United I States. Certain it is, that the inducements to such sacrifices are weakened, as far as France can weaken 71. them, by having converted the right to be maintained into a naked one, whilst the sacrifices to be made CH .would be substantial and extensive. Al.:, A hope, however, is indulged, that your instruc- he doss from your Government will soon enable you to nts give some satisfactory explanations of the measures to which reference has been made ; and that their tatet operation; in virtue of modifications, which have not the yet transpired, will notbe as has beenhereinrepresented. Was The President has received with great satisfaction, f gal the infiirmation that the Consuls of France have been ', but heretofore in the official and authorised practice of who s furnishing certificates of origin to American vessels, I in a as well to those destined to neutral ports, as to those 1 whose Sovereigns are in alliance with France ; and the ph that this practice, sanctioned by the French Govern- f Desin ment, did not cease in any part of the United States, , as the before the 13th of last month, and then only is conse- if the p, quence of a dispatch from the Duke of Cadore, bear- f to Wa log date the 30th of August preceding. This satis- r the bet faction arises from the hope, that similar information May have been given to the Danish Government, and from - - -iv influence -och a Co"— LAW INTELLIGENCE. COURT OF KING'S BENCH, FEB. IS. PRIV:HARD 4. wA1.311. This was an action t/. recover the value of an Ex.; chequer bill for which the deft ,slants Walsh and Nis bett had received the proceeds. . • Mr. TOPPING, f i r the plaintiff, stated, that he could not well conceive what could he the defence. He had heard it stated that the money was advanced to the defendants for The purpose of gaming In the stodos for the benefit of th- plaintiff, but he could n conceive that one of the defendants, who was a Mem ber of the Legislature, had any hand in a transaction of that nature. The first witness called nonsuited the plaintiff ; she was a French lady of the name of Deshayes, and she'proved that the Exchequer bill was the property of De Chemant, the dentist, and not of the plaintiff ; and that herself and Prichard carried if to Walsh and Nisbett's to bet by them employed tor the benefit of De Chemant. - - cove ff. AITAMI4 11.1.5 . he plaintiff, A Cole, Qua. • .. Rein €4e - ify htiiteci df possession a a Whir, int 4 whet, ivhieh he held of the 4fand Jtiposion4amil Company, at Paddington, Is an d oder tesonto • l• it appearing by his own shewing , however , that thd r leitse.utiddr which he held eipired the day before ha Sias turned out of possefioo, he was non4aited: continued, nevertheless, to press his case upon the' Jury in the mosr pertinacious manner, and CA.: ducted himself with the Nnitit of calumny and irreles vancy, which Lord Ellenfaorough had frequent °tea& sion to reprimand. Mr. GAMROW, for the defendant, observed, th it if half the bar had been concerned for the plaintiff, hd would have been uonsui:ed long bcfpte i but that of late parties tad gotten into wen I habit 'of apuearing . in person, that ii wtnild be shortly forgotten woat WAS a ride of practi . ce and what was not. Tii plaintife dealt by Lord Llletibirough as he did by Ids v.th irf; he had got possession of his Lordship, and it was dit. tictilt to get rid of `him. • tEERVARY 16.-I.IBEL. J. Fisher, T. Hervey, and Eugenitii itOche, Pr:tia I ter, Publisher, and Preprieter or 'rhe Day newspaea-, ! were indicted for a Libel inserted in that paper, in giving the report of the e prlyeeedings at the Mane in. house, on th e charge madeagainst CapteinStephaelson. ~h I or, tne . mentor, Wcst Intliainen; tot an asseult on M:s. Popelewelf. Mr. GARROW stated the ofrence to be of a gent aggravated rieverse, inasmuch as,Lotwithstandinv, the examination had been carried on in private, a leag and detailed picture of the supposed features of the case was given, interlarded with observations Ind comments from the reporter himself, in which so string and decided an anticipation of the guilt of the present Prosecutor was expressed. as could not fail tb Impress on the minds of the readers of the article, a strone prejudice against him. The necessary Certificates and affidavits from the Stamp Office, as to the privetty of the paper called The Day, which was divided into 1300 shares, were given in evidence; as was also the ex amination of Mrs. Popplewell before the Lord Mayor. Mr. MmotyArr, for the defendants Fisher. and Hervey, asserted the right of persons connected with the daily Dress to give rational, fair, and conslsteat accounts of the occurrences in the different Courts of bath of superior and iniedor jurisdiction is short, of every thing connected with the administrai tion of justice. He proceeded to adduce eases decided in the different Courts, to prove this part s particularly • the case of Curry v. Walter, the proprietor of The Times, of the King v. Wright, and of the King v. Forbes. • Lord Et.eeeßOßouGH—a Bring your caSe,Mr.Mare ryatt, within your own law." Mr. Melon - err then proceeded to shew that the publication is question was nothing more than a fair narrative of what had passed at the examination, that it did not outrun the facts there detailed ; but, on't.hg contrary, that it modified and softened, instead of: gravating what had occurred. Mr. G. MARRYATT, for the defendant Rnatte begged to distinguish his case from that of the 964 defendants, he having, in consequence of hii atrivit filed last week, bcen deserted and abandoned by the Managers of The Day ; not having any knowiedge till Tuesday last that notice of trial had been served for these Sittings ; and having, till the moment' of Mr. Garrow's opening to the Jury, been ignorant . of any application on the part of the prosecutor to learn the name of the author of the publication in question. Lord ELLENBOROUGH said, this was as action for A libel, by the publication of which it was charged, that it was sought to prejudice the minds- of the public against the prosecutor, and to dept ive him of the belle. fit of an impartial trial. If :eV thing could be sup posed more important than another, it was, that the avenues to the Courts of justice should be kept cleat, particularly that there should be no obstruction to that avenue leading to a fair aret impartial verdict of aJury. A fair statement of any proceeding in e Court of Law wasnot withheld from the-public through the means of the public prints. Such was already understood Wbe privileged, and such he should be the last to cut dovan. But it becaMe a matter of serious consisderation, if one side only of a question was to be Made public, and th .t a man was to contintie with a prejudice existing sae:theft him, from the inement he tees acc used to the day of his et tad. Nothing wars mote essential to the:pure adtnini. stration of justice, as that every person accused of what ever crime, should have a fair, deliberate, and impar tial trial. On this principle, it had, at different times, been the endeavour of the Attorney-General, and of other officered the law, to see that no publications should be allowed from the police offices which cliff ' bited rx part: statement, or °Dui,' at all go to tie- prive the p e tty, accused cf a fair and impartial trial, It was for the jury to say,if the publication in questionieft • the mind in an equal state in this respect; or it the di clarnatoi ylanguageof the publicatitu did not bear dew% • everything before it. It was impossible for any person to read the publicati , ,n in question, and not to confess dun no titan couial peruse the cot tentsofit, and restrain his indignation against the person there described.-- ;The guilt or the person accused, was not only judged of on an ex parte statement, but his guilt was antici. pitted, and supposed by the author of the publicatiOn, to have been cleanly proved. He 'hewed indeed is every line, that he was convinced of the guilt of, the patty accused. He represented him as a nsan.dis. graced and degraded ; as one not in the least affec ted by the contemptuous way in which he was retaar ded by those who were aware of his unmanly con duct. What was this to say, but that the author of the publication was convinced that the person accused was guilty ? And, was it possible for any one, in such circumstances, to controul his feelings? Therefore, allowing the utmost latitude to the right of publish. ing proceedings of Coulee both super.or and interior, this publieaticn greatly exceeded any such right. Re ports of trials at law, in Courts of Law, fairly and dispassionately given, had been held to be privileged. Let it be so still ; but if, in si.d.eon, however, per eels were to take• on themselves to anticipate c 3 mi. nality— to declare him to beet:mice a rri user in the second degree, who might Ultimately prove to be one in the first degree, if the actuation should be ulti mately proved, that would be radii-eh:4.l to allow such a latitude of judging. Such thiegs ss zit to pros vent- a deliberate, fair, and impareal trials relish yeti essential to the •law of this country, anti, therefore, mutt peceliatly to be regirolei. • The Jury, without hesitation, foend the sevttal sense — of the happy influence which such In this action, the plaintiff, Augustus Cove, a Qua-1 The Jdry, without hesitancy, 1012116 igVgiiu ank a ition vrdl hays had on the Ametical) pra- I ker, appeared in person, and complained that ha had fendmits--Guiltr,