Star. — London, England, 1808-02-23 00:00:00

Old of . declaring Great Britain in a state of blockade, though his own ports and arsenals are actually bloc kaded, and he is unable to station any naval force whatever before any ports of the united kingdom. . Such principles are in themielves extravagant and repugnant to*the law of nations; and the Tyretensions founded on them, though profe ssedly directed.solely against Great Britain, tend to alter the practice of war among civilized nations, and utterly to subvert the' right and independence of neutral powers. 'The undersigned cannot, therefore, believe, that the enemy will ever seriously attempt to enforce such a system. If he should, they are confident, that the good sense of the American Government will perceive the fatal consequences of such pretensions to neutral commerce, and that its spirit and regard to national honour will prevent its acquiescence in such palpable violations of its rights and injurious encroachments of its interests. If; however, the enemy should carry these threats into execution, and if neutral nations should, contrary to all expectation, acquiesce in such usurpations, his Ma jesty might probably be compelled, however reluc tantly, to retaliate in his just defence, and to adopt in regard to the commerce of neutral nations with his enemies, the same measures which those nations shall have permitted to be'enforced against their commerce with his subjects. The Commissioners of the United States will therefore feel, that at a moment when his Majesty, and all Neutral Nations, are threatened with such.an extension of the belligerent pretensions of his enemies, he cannot enter into the stipulations of the present Treaty without an explanation from the United States of their intentions, or a reservation, on the part of his Majesty, in the case above-men tioned, if it should ever occur. The Undersigned, considering, that the distance of the American Government renders any immediate explanation on this subject impossible, and, animated by a desire of forwarding the beneficial work in which they are engaged, are authorized by his Ma j !sty to conclude the Treaty without delay. They proceed to the signature under the full persuasion fiat, before the Treaty shall be returned from Ame rica, with the Ratification of the United States, the enemy will either have formally abandoned, or ta citly relinquished, his unjust pretensions, or that the Government of the United States, by its conduct or assurances, will have given security to his Majesty, that. it will not submit to such innovations in the esta blished system of Maritime Law ; and the Under signed have presented this Note, from an anxious wish that it Should be clearly understood on both sides, that, without such abandonment of his pre tensions on the part of the enemy, or assurances of such conduct on the part of the United States, his Majesty will not consider himself bousdi by the present signa ture of his Commissioners to ratify the Treaty, or precluded from adopting such measures as may seem necessary for counteracting the designs of the enemy. The Undersigned cannot conclude, without ex pressing their satisfaction at the prospect of accom plishing an object so important to the interests and friendly connection of both nations, and their just sense of the conciliatory disposition manifested by the Commissioners cf the United States, during the whole course of the Negociation. • ' (Signed) VASSAL HOLLAND. London, December Si, 1806. AUCKLAND. No. a. Extract of a Dispatch from the Honourable Daysd Erskine to Lord Viscount liowick, dated Washington, March sO, 2807. In compliance with your Lordship's instructions. _ _ communicated to this Government his Majesty's views relative to the French Decree of the 21st November, 1806, as detailed in your dispatch to me of the Bth January. last ; and received the answer which I have now the honour to inclose. (Inelosore, referred to In Na S.) Department of State, March 20, 1807. Sin—l have laid before the President your letter of the 12th instant, communicating the views of his Bri tannic Majesty in relation to the French Decree of hover;Ser 21,1806, and to the principle of retaliation, through the commerce of neutrals who may submit to the operation of that Decree ; as also the measure ac tually, taken, pf prohibiting all neutral commerce from port to port of his enemies,' not only the ports of France, bu‘those of such other nations as, wher in alliance with France, or subject to her dominion, hare by measures of active offence, or by the exclusion of British ships, taken a part in the present war. The President cannot be insensible, Sir, to the friendship and confidence towards the United States which are signified by his Britannic Majesty in this communication. In making this acknowledgment, however, the President considers it not less incumbent on him to reserve - for a state of things which it is hoped will never occur, the right of discussing the legality of any particular measures, to which resort may be had, on 4 ground of retaliation ; at this time, it would suf fi ce to observethat it rejnains to be more fully ascertained, in what sense the decree in question will be explained and to what extent it will be carried into execution, and consequently whether in any case the United States can be involved in questions concerning mea sures of retaliation, supposed to accrue to one bellige rent from such a proceeding, by another. But it is worthy the justice and liberality of the British Government to recollect, that, within the pe riod of those great events which continue to.. agitate Europe, instances have occurred, in which the com merce of neutralnations, more especially of the United States, has experienced the severest distresses from its uwa orders and measures, manifestly unauthorized by the law of nations. The respect which the United States owe to their neutral rights and the interests they have in mainta!ning them, will always be sufficient pledges, that no culpable acquiescence on their part will render them accessary to the proceedings of one belligerent nation, through the rights of neutrals, against the commerce of its adversary. With regard to the particular order issued against the trade of neutrals from one port to another, of the enemies of Great Britain, no fair objection can lie a it, provided it be founded on and enforced by _elk' actual blockade, as authorized by the Law of Nations. If, on the other hand, the order has refer ence not to such a blockade, but to a supposed illega lity of the neutral trade from one port to another of the described ports, the remark is obvious, that on that supposition, the order is superfluous, the trade being, as interdicted by the Law of Nations, liable at all times, m ithout any such. older, to the capture of Bi cruizers, and the condemaatioa of British Courts; and if not interdicted, as Inch, by the L a w of Na tions, it can no otherwise be made illegal, than by a legal blockade of the ports comprehended in the order. This inference is applicable even to the case of a neu , tral trade bett*eett the ports of France herself, since 'it is not a principle of the acknowledged Law of Nations, that neutrals may not trade from one to ano ther port of the same belligerent Nation ; and it would bt an innovation on that now not before attempted, to extend the principle to . a neutral trade between ports of different countries, confessedly open in times of peace as well as of war. If the British order refers for its basis, to the prin ciple of retaliation against the Frencii Decree, it falls under the observations already made on that subject, and which need not be repeated. I have, &c. (Signed) JAMES MADISON. To the Hon. David Erskine, &c. &c. No. 4. _ _ Dispatch from the Honourable David Erskine to Lord Viscount Howick, dated Washington, March 31, 1807., - MY Loßn—After I had closed the preceding num- • ber of my dispatches which accompany this, I received another letter from Mr. Madison, in answer to the communications, which, in obedience to your Lord ship's orders, 1 made to this Government, of his Ma jesty's views relative to the French decree of blockade of the 21st of November last, and his Majesty's pro hibitory orders against the neutral trade from port to port of his enemies. As I conceived it would be most prudent to ,watt • for your Lordship's instructions, I did not,svad - Any reply to the letter, hilt have now the honour to it to your Lordship. I have the honour to.be, re e l (Signed) D. 24. ERSKINS., Lord Viscount Howick. • 1, (Inc!inure referred to in No. 4.) SIR, Department of State, 29rh March, It Further reflection on the tenor and tendency ,of e order of his Britannic Majesty, communicated by your letter of the 16th instant, which was answered by mine of the 20th, induces me to resume that impor tant subject. From the difficulty of supposing that the Order can have for its basis either a legal blockade, impossi 'We to be extended to all the ports described in the Order, or a supposed illegality of the trade between those ports, an illegalit*which has never been applied by the British Government or its• Admiralty Courts, to use accustomed trade even between ports of a bel ligerent nation, and is utterly at variance with the conduct of both, in reference to a trade between a belligerent nation and its allies ; a necessity seems to resat of ascribing the Order to the policy of counter vailing through.the commerce of neutrals, the French Decree of the 21st of November last. In this view of the Order, it demands, on the part of the United States, the most serious attention both to its principle and to its operation. With respect to its principle, it will not be contested that a retaliation by one nation on its enemy, whiCh is to operate through the interest of a nation not its enemy, essentially requires, not only that the injury inflicted should be limited by the measure of injury sustained, but that every retaliating step in such a case should be preceded by an unreasonable failure of the neutral party, in some mode or other to put an end to inequality wrongfully produced. Were it cer tain, therefore, that the French Decree is •to be en forced in the sense in which it is taken, and that, in violation of the treaty between Franie ' and the . UnitC States, the commerce of the latterwill nut be exempfei the British order being peremptory in its import an immediate in its execution, might 'justly be 'regarded, by the United States as a proceeding' . equally prema ture and unfriendly But in the uncertainty as to the real meaning of, that decree, and whilst a presumption offered itself, that the decree, if avowed and executed in an nit,. lawful extent, might not embrace the commerce of, the United States ; they are bound by justice to their, interests,' as well as by respect for their rights, to consider- the British order as a ground for serious complaint and remonstrance. Should it prove that the decree had not the meaning ascribed to it, and particularly, should the respect of France for her trea ties with the United States, except their trade from the operation of the decree, the order of the British Government will stand exposed to still severer coin- ments. It will take the character of an original ag gression, will furnish to the FrenCh Government a , like ground with that assumed by itself, for retalia ting measures, and will derive a very unfairoutable feature from the consideration that it was a pa Ival4e infraction of a treaty first signed on the part of the" British Government, and expected, at the date of the order, to be speedily ratified on the parrof the United States. . The necessity of presenting the subject in its true light, is strengthened by the operation which the* 1 tiih order will have on a vast proportion of the entire commerce of the Uni.ei States, not to dwelt On the carrying branch of the commerce between the ports .' and countries of Europe, and which the immunity given by our flag, in consequence of treaties with the,.: enemies of Great Britain, . to- British ' prop erty, arid ' not enjoyed by the property of her enemies; has hi,: therto been advantageous to Great Britain; and with: out inquiring into the effect of an application of the interdict to the other quarters of the globe, all of which are evidently. within the comprehensive terms of the order, it cannot be oveilnoked, that the dia... ratter and course of nearly the whole of the America.n, commerce with the ports of Europe, other. than of. Great Britain, will fall under the destructive opera tion of the order; it is well known that the cargoes. exported from the United States frequently require that they may be disposed of partly at one market and partly at another! The return cargoes are still more frequently collected at different ports, and not unfrequently at ports different from those receiving the outward cargoes. In this circuitous xoyage, generally consisting- of several links, the interest of the untertakers materially requires also, either a trade or a freightage between the ports visited in the circuit. To restrain the vessels of the United States, therefore, from this legitimate and customary mode of trading with the continent of Europe, as is contemplated by the order, and to com pel them, on one hand, to dispose of the whole or their cargoes at a port which may want but a part; and on the other hand, to deck the whole of their re. turns at the same port, which may furnish but a part, or perhaps no part of :the articles wanted, would be a proceeding as ruinous to our commerce as contrary ; to our essential rights. MEW These observations, which are made in conformity with the sentiments of the President, cannot fail, Sir, to. have all the weight v:ith an enlightened and friendly Government, to which they are entitled, and the President persuades himself, that the good effect of truths which they diselosf, will be seen in such measures as will remove Of grounds fur dissatis factions and demonstrate on that side, the same sin cere disposition to cultivate harmony and beneficial intercourse, as is felt and evinced by the United States and their Government. I have the honour to be, &c. • (Signed) JANIE.S MADISON. The Hon. David Erskine. • ( To continued.) THE EVENING STA R. LONDON. • TUESDAY, FEBRUARY 23. /MCRAE STOCKS THIS DAY AT ONE. (CLOCK. Consols, for money, 64—fur February, 6311-I(4:lured 6.l;i'. Onmium Si—Excheq. Bills, par Yesterday the papers relative to the dispute's witl, America were laid before Parliament. We have laid before our Readers as long an extract as our limits would allow, and shall lontinue to give a further ex tract to-morrow. A report was circulated yesu r lay, that General MOREAU, whom we some time ago stated to have left Now York, had gone to the Floridas, for the purpose of taking possession of these territories in the name of the French Emperor. It was added, that the Roche fort squadron was understood to be destined to that Part of Ameriea, having been fitted out to support General MOREAU in the execution of this design. It was also reported that accounts had been received from Lisbon, by way of Holland, that the Russian ships of war at that port have been formally given up to France, and arc fitting out as a Portugueze fleet, to supply the place of that carried off to tlx Brazils by the Prince Regent. The Russian seamen, it is added, are tobe marched home to their own country by land. The following we understand t ) he an accurate copy of Lord SIDMOUTH'S motion in the House of Lords on Thursday night, t'or the evontual restitution of the Danish ships taken at Copenhagen " That it is highly imptlrtart to the honour of this country that, ' under present circuinst.nces no measbres be taken with t e.pect to the Ships of ‘Var now iu the poss:ssiun of his Majesty in conse quence of the capitulation of Copenhagen, which may preclude the eventual restitution of them to the Government of Denmark, -agreeably to the spirit of the Requisition referr&l to in the Pro clamation, issued on the tali of August last, by the Com manders in Chief of his Majesty's sea and land forces em ployed on that occzsion, and renewed In their letter of the Ist of SepteMber, to the Conunander in Chief of the land forces of his Danish Mai [•sty." Major-General Cartwright is arrived at.Canterbitry, and has taken the command of the Brigade of Ca valry stationed there, consisting of the 3d and 4th Regiments of Dragoons. -. Orders have been sent to the Custom-house, pro. hibiting for the present the exportation of Peruvian bark, .and all sorts of cotton. The want of the first 1 article will, be 'severely felt in the French armies, and the deficiency of the other will be no less distressing Ito the French manufacturers. . The Gazette of Saturday contains loyal and pa triotic Addresses 'to his MAJE-STY on the present pos- . 'hire of affairs, and fraught with the warmest pro fessions of support, from the Counties of Aberdeen and Kincardine ; the towns of Haddington and Dum fries, and the Synod of Fife, in Scotland; and from the town of Belfast, in Ireland. There is to he an immediate exchange of prisoner; between this Country and Denmark. Mr. SHERIDAN has again received from his Royal Highness the PRINCE of WALES the place of Receiver of the Duchy of Cornwall. DUEt..—A young gentleman of the name of Ri chardson, was wounded in a duel on Saturday, on Putney' Common, with a Naval Officer ; the meeting hiring taken place in consequence of a dispute at one of the Theatres on Friday evening. The wound was in the pistol arm, but it is not considered dangerous. THEATRE, COVENT-GARDEN.—The play of Hamlet was performed at this Theatre last evening. Mr. Kasten.: sustained the arduous character of Natoli 'with his wonted ability and excellence. We are sorry that we cannot speak with any de c lr.v of praise of .Mr. Tuotation's Ghost ; this Gentleman, we believe, is substituted for Mr. POPE ; but the judgment of the Managers. is not correct, in selecting Mr. THOMPSON for the part ; therefore the sooner he gives up the •Ghost, the better. Mrs. DICKONS'S Oithdia was inter esting, and her songs in the mad scene were sweetly executed.--The house was extremely crowded. Advice was yesterday received at Li.oxn's of the capture, by the French, of two American vessels, and of the seizure of anotl:er, viz. the Ontario, Cox -I.ms, from Charleston to London ; she was taken cut the 29th ult. carried into Calais, the cargo landed, and the crew put in prison: The Catharine, from Plymouth' - to. Gottcnburgh, was taken on the 29th ult. and carried into Ostend. The Two Marys, JOLLY, from Charleston to Nantes, arrived at Biel leisle, and was there seized (both ship and cargo) ,for no other reason, than because she had spoken a British cruizer. The American ship Walker, from .London to New York, was taken some time since by a- French privateer, and retaken by a British ruizer, and carried into Halifax. The ship and cargo were condemned at Paris on the 15th ult _ half the value to go to the State, the rest to the captors. This condemnation was founded on the Decree of ..November 21, 1806, and spews, • that, though the vessel was not in the enemy's pOssession, they meant to act up to that Decree. • • The great iMprovements made at Snow-Hill and Temple-Bar cannot fail of claiming the notice and support of the Citizens of London. The Houses, when inhabited, will have au elegant appearance, being situated in a central part of the City. HORNSBY and Co. entertain not the smallest doubt but the rents will considerably increase so on as the Lottery is i decided. The building s are substantially erected, well-finished, and the value of each House not over rated. Tickets and Shares are selling by HORNSBY and Co. 26; Cornhill, 52, Charing Cross, and St. Mar garet's-liilll Iloreugh. THE ARMY. • . , TRIAL OF GENERAL WIIITFLOCKF. NINETEENTH DAY. General GOWER was again called in upon the met of the Court ; but General WHITELOCKE havi ng 0 : jected• to the first question put to , him, up on die ground that it did not relate to military op eration; but to matters of a private nature, bet ween Gene ra l Gowen and it i msel f, the Court was immediately cleared and the Members remained in deliberation f or a quarter of an hour. Upon the doors being re-a/x. 1) 4 , the question objected to was repeated, and Ge neral • GOWER'S examination was at one o'clock neatly finished. Lord LAKE'S seat remains vacant. There are twenty Members sworn on a Naval et Military Court-Martial, of whom thirteen coactie uet a Court. In the case of death, or other unavoidabl e cause of absence, there is, of course, a reserve ce • seven to supply the deficiency. NAUTICAL INTELLIGENCE. FALMOtTiti, FRB. 20. Sailed the Pelter gun brig:with several sail of t rans . ports under convoy for Cork.—Wind N. PORTSMOUTH, FEBRUARY 21. Arrived the Archimedes and lbbetson transpo rts from the Downs. Sailed his Majesty's ships F raa , chise and Star, with a fleet consisting ofahou t io sail, under convoy, to the West Indies The Bp. fleur, of 98 guns, was commissioned on Tuesd ay . at this port, by Captain M , Leon, for the fla g o f Re az Admiral OrwAY. The Proserpine frigate, Capra; a OTTER, remains at Spithead, with the Mediterra m convoy. A convoy for the Brazils will Shortly saa a number of transports laden with provisions, a re lying here for that destinatign. Exa. 22.—Arrived his Majesty's ships Flamet,from the Downs ; Linnet, Redbreast, and Adonis, f rom a cruize ; also, the Abeona, Capt. DotsotAs, from London, bound to the West-Indies. Put back, the Berbice packet, MqVxm, bound to the West-Indies, having lost her convoy. The Ranger is appOinted convoy for the Downs.—Wind N.E. DEAL, FEBRUARY 22. Sailed his Majesty's ship Royalist on a cruin. LAff INTELLIGENCE. COURT OF COMMON PLEAS, FEB. o. FROST v. BURDETT, BART. This was an action brought by Mr. Frost, to re. cover from Sir Francis Burdett the sum of 2,10p1. the balance of an account rendered for service* per. formed, and money expended, during the late on . tested Elections in which the Baronet was engaged. It appeared, by the plaintiff's account, that he charged three guineas a day while employed as Is. spector of Votes on the Hustings at Brentford; and five guineas a • day whilst employed in attending the House of Commons upon the Petition of the Middle. sex Electors. But the aggregate charge was for money expended in the . general purposes of the Election, and in compromising certain penal actioas brought against some of Sir Francis's Eleitors, eusfieeted of perjury. To prove the service performed, Mr. Bow, the Attorney ; Mr. Warren, the Barrister, and several other witnesses, were examined ; and at five o'clock Sir JANIES MANSFIELD adjourned the proceedings un. tit Monday, as it was impossible to get through the evidence at this Sitting. The witnesses on the side of the plai ,we un derstood, to be eighteen, and those on t part of the defendant no less numerous. The Jud therefore, finding that neither his own strength, i that of the Jury, was equal to the task of travellis through the whole of the depositions, resolved upon an adjourn ment, convinced that the ends of justice would be better promoted by the temposiiy FEBRUARY 22.—The Court was 'occupied all day in the further hearing of the above case, which was determined in favour of the Defendant. COURT' OF KING'S BENCH, FEBRITARY 21. NORRIS v. BURDETT. This was an action brought by the High Bailiff of Westminster against Sir Francis, f* the amount of his bill for the late election, amounting to more than 5001. Many of the items were for the table kept by the plaintiff during the poll, which were not allowed; the bill was•thereture reduced to 1171. Bs. '2d. for which sum the Jury found a verdict. OLD BA t trv.—Yesterday 29 prisoners were tried, one of whom was capitally convicted. viz.— Ann Holden, alias Mayfair, for stealing 631. the property of Ed ward Skyrme, in his dwelling-house. Fifteen were convicted of felony, viz.— Mary Williams, fur stealing a bolster and other articles. T. Johnson, fur stealing from his ready-furnished lodgings pout of sheets. J. Gates, for stealing two live ducks. Elizabeth Pendred, for strafing a handkerchief. B. Foggart and W. Dukes, for stealing two sticks of klngswood and three pieces of tulipwood sticks. ' Hannah Clayton, for stealing frOm her ready-furnished lodging a pair of sheets, Et.c. K. Cole, for embezzling Pa. which he had received on account of his master. J. Petty, for stealing one -peck and four quartern loaves. K. Stat e, for stealing a bridle. • Sarah erawfuctl, for stealing eight silver spoons. J. Murphy, for stealing a copper boiler. J. Lock, fur stealing a great coat. D. Walker, for stealing a piece of printed cotton. I. Hind, for obtaining, under false pretences, twelve pair of silk stockings. , And seven were acquitted, among whom was, E. Jordan, who was indicted for stealing a sack of flour, the pro perty or K. George his master. The prosecutor is a mealman, and the prisoner was employed to convey twenty sacks of flour to s baker in Whitechapel, nineteen of which only were delivered.— *rhe evidence, however, was incomplete, and the prisoner was se. quitted. He was tried on a mond indictment, for steam suck of flour from twenty, which he had conveyed to a baker at Newington. It appeared that this sack was.not taken out of the waggon, but was covered over with a tarpattlin. The prisoner was appreheatled before he drove away his waggon, conscqualtlT the felony was Istomplete, and be was acquitted. DIED. of On the 22d instant, Mrs. Inglis, wife of John Inglis, EA. Mark-lane. On the 17th instant, at Carnsalloeh, in Dumfries-shirt, Mrs. Johnston, of Carnsalloeh, in her 82d year. LONDON: Printed and published by LEVEL KENT, of Can terbury-place, Lambeth ; at the ST.ta-Orricz, No. 1, Carer street. Published at tie STaa-Orricr, Temple-Bar, . ‘ • " 1 •, ; ' '' • „ .. ?.. . ;f .. '''';!.: • . I .1 1(6' ' ' ,c... . a • :eat -.... Xll rF - ...— i at (r94r 1-a• ..Zit r trr.L • srATit . t 4 , Y , jr.T arrilige ;;Dr* r /* xr of CaP st crd •BISH - • 9 - • ►~t~A fmzu a 4 : th e us#l - . 4 1 F 1 Aita sh foal Pew lok 1 oval = Sin •-ogßk+ OtCti bowie a sekK rnoisi heist sPecti the a Salt I sting rate the 1 1140 tali' be ri s . l hi -no It filf