Star. — London, England, 1808-05-31 00:00:00

SPATE PAPERS, ! hct o f the British Ater, his Majesty's Government which Great Britain is in amity, b an pereons hold eyeetetve To GREAT BRITAIN AND AMI,IIC,L, directed that a positive disavowal of the right of ing authority finder his Majesty's . t ;from ] search asserted in this c as e, and of the act of the the disavowal of the pretention of the right of search r 1 is ee Note from Mr. Secrelary Canning, dated the 2d of An- British officer as being unauthorized, and a promise of national shiPs ; and frotii the further assitrance of es , toldr..Monroe the American Minister disclaiming_ the prea o f repa t at i on s h ou ld b e conveye d to the American that disavowals given in his Majesty's Proclemation e on which the attack had been made Upon the Chesapeake Minis ter in London, before he had made any re - of the 16th of October last. Neither under these disavowing the act itself, accompanied with an assurance sentation by order of the United States. see, . men tion should be made—and as an evidence of sincerity, concurrent eireunistances can the plea o f necessity be t ra j B er keley was recalled. At this time t h e P res id ent ' s p ro - This disavowal; made on the 2d of August last, maintained ; and if such a proceeding has not the ~atP."--• had not reached London. was transmitted by him to his Governmeat, before the plea of necessity, it assumes die character of aggres s..Note from Mr. Munro to Mr. Canning, dated August 6, 6th of that month ; but before Mr. Munro had re- sion. If these concurrent securities against such an hint that he had transmitted the above document to his ceived his orders to demand reparation, his Majesty' apprehension have any value, the necessity no longer 6 0 e 13M1121 0.4 ,, ibte . f rom Mr. Canning td Mr. Munro, dated .August 8, learnt, with what surprise it is needless to well exists ;if they are of no value, negociation cannot be tiloin hi m that he ha d u.st received fr om Mr. i nq uired if upon, that the President of the United States had in. attempted, as the basis tipon which it yews, the mu- Je e so p of tee Pres i de n t ' s Proclamation, andif it terdicted by his proclamation, bearing date the 2d tual confidence of the two parties, W•Rild trl wholly of po ssible that this rt g orous measure . was to be carried into Jul.- • a ly s 1807, the entry of all their ports to the whole of wanting. a gainst the British nation, without first asking for an explae from the British Cabinet , end ascertaining whether his Ma. his navy. This surprise was certainly increased, when From the moment after the unfortunate affair of el did or did not disavow the act of his officers. in the letter delivered by that Minister, to require re- the Chesapeake, that his Majesty's Naval Cuinmanders r kwit was not till the 7th of the following month that Mr. dress for the wrong, although it went into details un- in these waters had ascertained that they were safe go „,, wa s a ble to inform Mr. Canning that he bad received in- . connected with it, not only no concern was expressed front the effervescence of that popular fury, under ro deo from his Government to make a formal request of the on the part of the Unied States, at having felt them- which the most glaring outrages were committed, * i v y's attention to the affair . of the Chesapeake. In the and by which they were very naturally led to the ot t e ner he informed Mr. Cannmg, that his instructions corn- selves compelled to tu t c a measures of so much injury o gee to blend wit h . this affair the old dispute respecting the and indignity towards a friendly power, but no men- supposition that they were objects of particular hosti ent of American seamen from our Merchant vessels ; l ion was made of the causes of such measures being lily, and that a state of war against them, requiring rat his G o vernment expected nothing less than a complete sfroten t of bat% these cases at once-declaring that a satin- resorted to or even of the fact of their having been precautions on their part, had commenced, no conduct wet arrangement re spectin g the seamen was indispensably adopted. or addition to the embarrassment arising has been imputed to them, which could vindicate wears , to heal the wound inflicted on the honour of the II from these circumstances, and the insufficiency of the the necessity of maintaining in force the President's see sw.es. 1 explanations subsequently given to Mr. Canning, the Proclamation. Since that time such of those officers y,—Nore from Mr. Caging to Mr. Munro, dated Sept. 23, introduction of a subject foreign to that- of the com- as have been necessitated by the circumstances of the :w ere he ag ain renewed his inquiries respecting the Proclaim 0, u ,l ass i g ned for a reason, that as the only question arising plaint, became the main impediment to the success of war to remain in these waters, have held no commu- Ages t ransaction was as to the amount of reparation due, in the discussions which took place in London. When I nication with the shore, except in an instance too tri vte se s e Government of the United States bad taken that re- I had the honour to open the negociation with you, Sir, Qing to dwell upon, and instantly disavowed by the et heir own hands, by rewirting to measures of rota- jets as I had learnt, that the President's proclamation was commanding officer ; and they have acquiesced quiet ists., i s the first instance, in so far the British Government I ya m be ra id e d take those measures into consideration in tees I still in force, it became my duty, conformably to my ly in various privations, highly prejudicial to the ser e/emu of the amount of ri -.oration die. Mr. Canning repeated instructions, to require its recall, as a preliminary to vice they were upon, and in consequence of an inter et former disavowal, and the former assurance of readiness to further discussion ; had it not been in force, I was diet, which had they been regardless of their duties J oke a prompt and suitable satisfaction ; expressing both surprise not ordered to have taken it into consideration in the towards a State in amity with their Sovereign, and s e re ne at any attempt to blend two questions entirely distinct 1 ,, j w i t h eet any' tese rnblance to each other.--4TAia excellent Note adjustment cf reparation ; and it was considered as had they not carefully repressed the feelings i t s t o n e we eilVe the fi rst cfr i sariunity.) hardly possible, that it should not have been recalled, and language had a direct tendency to provoke in vie_ 'otefrom Mr. Mui.ro to Mr. Canning, dated Sept. 29, immediately upon the knowledge of his Majesty's disc- them, would have rather created than have averted s eeming him that his instructions were peremptory, and that it. vowel of the attack upon the Chesapeake, as an un- the evils it was stated to be intended to prevent; were ito entirely out of his power to treat of the affair of the Cheia apthorized act. But his Majesty could not suffer the they regarded of those duties, it was unnecessary. c ake as a distinct topic ; but that he must first obta i n as a pre binary concestion on the part of Great Britain, her consent to l negotiation to be carried on, on his behalf, under an Had they felt themselves obliged completely to era ses with this affair, that concerning the right she claimed to i n t er di c t, which, even if justifiable in the first moment cuate the waters of the United States, especialle whilst lurch merchant vessels for English deserters. As to the Procla- of irritation, cannot be continued after the declaration an enemy's squadron was harboured in them. they mo tion, Isle. M un i ° made the following material concession— Majesty's sentiments upon the transaction, ex- could have done it ; but under the admission of hos - The the President did net brli.me that Me Brit.'M Government lead a:.en- f his r , ..hhe,,,,d,a of ha- Officers, and Mat Me Fre:lama:ion vvae intended cept in a spirit of hostility. tile compulsion, and under such compulsion carried fly fa preen: order scat in the isri.sd :lion cit.& United:States. It might have been fairly contended, that in the into full effect, his Majesty could not have dissem 1/11.—Nee from Mr. Canning to Mr. Munro, informing him • first instance, the exercise cf such an act of power, bled the extent cf the injury received. hat his Majesty, finding Mr.. MUIIIFO . 4 powers so litelied es to , before reparation was refused or unduly protracted, In the several cases adduced, in which Great Bri iender any attempts to adjust the affair en L e ndon,.hopeless, *add, as further evidence of his disposition tb terminate it both was incompatible with the pureoses and essence of taro reouired certain preliminaries, previously to en /feebly and honoue_bly, seid a Minister to. the.tTnited States; pacific negociation, and with a demand of redress tering into nec-ociation, she regulated her conduct seee express purpose of bringing this unfort n tmod business to a t h roug h t h at c h anne l ; b ut suc h have been his Ma- by the same principles to which she now adheres, w oo, .jesty's conciliatory views, that this argument has not and refused, whilst no hostility was exhibited on her Vlll.—Letter from Mr. Rose to Mr:Maddison, dated/an. 2c.), !MS, and anlouncin g t h a t h e cannot enter upon i nty . :Be e ociatien ' been insisted on, altlieugh it might now be the more part, to treat with powers whose proceedings denoted for adjusting the atiltr• of the Chesapeake, as lon g as the Procla; fottibly urged, as it appears that the Government of it towards her, and who maintained their right in maim of the President,. bf ,the 24,3u1y, t Fa:, en.hti be in force. the ifeifeel States was, from the first, sensible, that what they had assumed. 'M.—Note fie:m.lor. Madcfiion to Mr Rose,ditted sth March, p . even had hostijity been meditated by the British Go- ' From the consideretions thus offered, I trust that teeing into the details of the conduct adopted towards Ameritan Oki since summer 1804, in order to skew that before tine Pro- vernment, it would not have commenced it in such neither the order of reason or that of usage are in con of the President should become a subject of considera- a manner. But the exception taken is to the enforce- tradict ion to the demand I have urged, n or em I ion, !venation should be made for the aurmision that preceded ment, continued up to the present time, of measures aware how the order of time opposes the revocation in I. The A m erican Government demand, that previous to a din- hi el in egniy unfriendly their tendency, persisted in, the first instance, of that act, which affects injuriously seer: of the Proclamation due satisfaction should be made to de United States, and that the satisfaction ou g ht to extend to all not only after the disavowal in question, the promise one of the parties, and is still avowed by the other. the wrongs which precedes! and produced that act. of the proffer of suitable reparation, and the nneweci The subject is thus preseateel to you, Sir, in the X.—Letter from Mr. Rose to Mr. Maidlson, dated assurances of his Maj est y 's eti am:cable dispositions, but, light in which it was natural that it should offer it- . Washington, March 17, 1808. a fter security has given in a public instru- self to his Majesty's Government. It certainly con-1 Stn—Being deeply impressed With the sense of hi , meat, bearing date the 16th of October, 1807, that ceived the President's Proclamation to rest chiefly I Majesty's anxiety, that full effect should be given to the claim to theseizure of deserters from the naeonel and most materially upon the attaek made upon the those views of justice and moderation, by which his ships of other powers, cannot again be brought for- frigate of the United States, the Chesapeake,. by his conduct has been regulated through the whole of the ward by his Majesty's Naval Officers. it isunnecessary Majesty's ship Leopard, although other topics were ll hare =fortunate transaction whence the present differences to dwell upo n the in j ur y and indi g nit y to which his addneed as accetsaries. In thit apprehension it may I hare arisen ; and of the disappointment with which he Majesty's service is exposed, both as touching the free- be held to have been sufficiently warr anted b y the , I *Dale= the frustration Of his just and equitable pur - dem and security of correspondence of his Agents , and precise time at which, and tile circumstances under l i poses; I have felt it incumbent upon me, on the re- accredited Ministers in the United States, or as re which it was issued, and by its whole context ; and ceipt of the letter, which you did me the honour to ad- suiting from a measure, which, in time of war, ex- the more so, as the impulse under which it was drawn ereato me on the sth instant, to apply anew to this eludes die whole of his navy from all their ports , which up, appears to have been so sudden, as to have Iprematter1pre matter the most ample and serious consideration.— ports are re eapletele open to the fleets of his ene- , eluded a due enaniination of all the grounds of elle- It is with the most painful sensations of regret, that mies. It will be su ff icient to observe, that even where gation contained in it ; and here I beg leave to assure 1 fredenyself on the result cf it, under the necessity exemptions from it are granted, they are made subject you , that with respect to the spirit and tone of that efflecliniaito enter into the terms of negociation, to such conditions, that of the three last British ships instrument, it would be highly satisfactory to • rac, if srhich by dieectioneof• the President of the United of war which have entered these por ts u p on p ublic I could feel m y self justified in expressing, on the part States, you thereine offer. . .I do not feel myself business, two ] of them, his Majesty's ship Statira , hay- of his Majesty, any degree of coincidence with the competent, in the preSenelnepasce, to depart from ing on limed a Minister sent out for the adjustment of opinions you have announced; or when thus appealed those instructions which I" staled in my letter of the present differences, and a schooner bearing dis- to, and making every allowance for the irritation of the 26th January last, andewhicir'eretelude me from patches, in consequence of their inability to procures the moment, J could dissemble the extreme surprize 2n:ceding to the condition tbus-roposea• I should pilots, were obliged to enter these waters with- experienced by C l eat Britain, thet the Government add, that lam absolutely prolnbited,ffofn entetelig out such assistance, arch were exposed to consider- of a friendly nation, even before an amicable demand epee matters unconnected with the specific, Object I able danger. Great Britain, by the forms este- of reparation was made, and yet meaning to make in authorised to discuss, much less can • I thus give blished, could repair the wrongs committed, even that demand, should have issued an edict directing \ antpledgeconcerning them. Thocondition suggested, to the satisfaction of the United States, no other- measures of injury very disproportionate to what i t moreover,leads to the direct inference, that the. Pro- wise than by the channel of negociation ; yet she knew was an unauthorized offence, and both in its daslation of the President of the United States of the avowed distinctly that a wrong was committed, and terms and in its purport so injurious to the Govern 2ofJuly, 1307, is maintained either as an equivalent 1 that she was ready to make reparation for it : it can- silent to which that demand was to - 'oe addressed, and fie reparation for the time being, or as a compulsion I not therefore b e c ontended, that the unavoidable de- tending to call forth in both nations the feelings under to make it. It is with the mere profound regret, that eeey of actual reparation subjected her to the impute- which a friendly adjustment would be the most diffi. I feel myself under the necessity of declaring, that I don of persisting in an aggression which was disclaim- cult. But if, as I learn from you, Sir, the proclama sto unable t o ac t upon the terms thus proposed ; as ed from the first ; nor if this is true, however much i lion rests silbstantially on other causes, it is then pe it becomes my duty to inform you, in conformity to she will !egret any impedi ment in the adjustment al culiarly to be regretted, that, together with the de- By instructions, that on the rejection of the demand a difference in which the feelings of this nati o n are so ', mend for redress made in Septernlserlast, the Govern_ wee i n m y f ormer l e tte r , on the part of his Majesty, materially interested, can she consistently wit h a due ; ment of the United States did not think fit to offer a ey mission is terminated.. And as his Maj esty's Go- care of her own honour and interest s, allow i t to be i notification or an explanation of so momentous a velment in providing me with those instr u ctions, did con cl u ded on her part under an adherence to a on- i i measure, or to declare that its recall must be more tot conceive that after the declaration of his senti- • duct which has a decided character of enmity in the or less connected with the adja!atment of other ailed scents respecting the affair of the Chun/oche was made proceedings held towards her by the other party. I ged wrongs. Neither did it dank it necessary to re , Ininwn to this Government, the state of an e transac- I know not In what view the perseverance in t he 1 turns any answer to the remonstrance given in by his tions pending or unterminated between the two Na - Pr e s ident ' s Proclamation up to this moment, can be Majesty's envoy at Washington, on the 13th July, !ions, could justify the perseverance in the enforce- considered, but in that of a measure of retaliation, 1807, in which he represented, " that he merit of the President's Proclamation. I can exercise or of self assumed reparation, or a measure intended that interdiction to be so unfriendly in its object, and 110 discretion in this print. As on a former occasion to compel reparation, unless it be that which, if I so injurious in its consequences to his Majesty's inte- I detailed, though su eei nc tly, the motives for that de- rightly understand, you define it to be, a measure of rests, that lie could not !drain from expressing the mead on th e part of his Majesty, which I with so I precaution. most sincere regret that it ever should have been is much concern learn to he deemed inadmissible by the If, when a wrong is committed, retaliation is in- ! siisd, and most earnestly deprecating its being en- Government of the United States, I should here ab- stantly resorted to by the injured party, the door to forced." stain from an ex p os i t i o n of them, which visibly can I'pacific adjustment is closed , and the means of conci- 1 It could not be supposed that e circumstance of have no further effecton the negotiation, if I did Ration are precluded. The right to demand re p ara- so great weight could be overlooked by his Majesty's not deem it essential th at they should not be left under • don is incompatible with the assumption of it. When Government, in determining the line of conduct to be any misanprehension which I might be able to remove. parties are in a state of mutual hostil it y , the y are so held in The negociation : and as little could it "be ex. I shalt therteere t ake a short review of the transaction far on a footiag, and as such they may treat ; but a p etted to pass it over, wheti on the failure of the dis ehice h as given rise to these discussions, in order the party disclaiming every unfriendly intention , and c ussion with Mr.Munro,it directed a special mission to more correct l y to d eterm i ne t h e s oundness of th e mere giving unequivocal proofs of an amicable disposition, ' b . e sen t . to the United States. It had the less reason to , siples upon which the demand is made. cannot be expected to treat with another, whose con- imagine that any other grievances could be connected, of deserters from his Majesty 's navy, nia' ny duct towards it has the direct effects of actual hosti- withthat, forthe adjustmenelef which lam empowered ci them his Maje-ty's natural born s ubjects, having . lity. If then, the enforcement of the President's pro- to . negotiate, as Mr.. Munro, in his letter to . Mr. Can entered into the service of the United States, were . clarnation up to th e present moment, is a measure of rung of the 12th of July last, had stated with respect rtecatedly and frui ' w demanded by the . gritish self-assumed reparat.ten, it is directly repugnant .. to the to other subjects of reolonstrance, that it was impro nese oEstrs of ihe recraitieg ri . fficers of the United States, '. spirit and fact of amicable ne . geciations ; if it is a niea.. , per to mingle them with the . present more serious but ‘ecre retained in their new service. As it was a sure to compel reparat ion, it is eq ually . so ; and by the cause of complaint, an opinion to which - Mr. Can- I mattcr of nstoriety, that several of these d eser ters perseverance in it, Great Britain is disp=osed with the ning decla red his perfect assent in his letter to 'em en le are the f r i gate o f the United States the duty of proffering redress. But if it is a measure of that M in i ster . o!the2d of the s ubsequent month ;so k - 's:iist-lke, 7-1.,?y were demanded of that frigate on precaution in order to secure reparation, or in order to that this act vas le f t as sing le and distinct, to be *rt f:i,:n .E., i:s b y his m a j est y' s s hip Leopard, and all compel it, it falls under the objections I havejust stated. singly and distinctly considered. His Majesty's Go ceeeelstless of their presence on board being denied, . If it is a precaution adopted as a guard against acts of vernment, therefore, could not, consistently with any I ee . w as attacked, and four of them, one avteeedly a violence apple:tended on the p be art of his Majesty's Na- view of the subject then before it, or, indeed, with the native F els ei s e rnan , were taken ou t of her. • Withoist s-al O ffi cers, it surely cannot . .considered as being as just object of my mission, direct or empower me to from die renewed enter upon matters not connected with that of the' eee.. - deterred by the consideration of how far car-' effect tutl a security as that arising sue:stances l'astlle in their nature had provoked, assurances of his l'elajesty's . friendly diseysitio . n, which Chess's:sake : and they could with the less propriety . '''''oll !1 . -eV undoubtedly by no means jus t ified this imply a due observance of the rights of nations, with da it, as in order to render the adjustment of diffe- resifts of such a hatiwt, the me T easy and the mire consnicpous, the Min'sters. c urged especially with stiCli offices, havt been, with few e if 'any .exceptions, restricted to the precise ;Glair to be negotiated. Whit isespeet therefore to those other causes of complaint, Upon which i;du informed me that she President's proelamitiou rests, I cannot be furnished with docu ments enabling me either to admit or to amtrovert those statements cf grievance, forezn to the attack upon that ship, contained in your letter, or atithoriscd to discuss the matters themselves. I shall therefore not allow myself to offer such comments as my per sonal knowledge of some ot these transactions suggests to me, although their tendency wool l meterially at feet both the marked manner in which those transac tions. are pout-a-eyed, and the disadvantageous light in which his Majesty's Government is represented to have acted respecting them. I am, moreover, led to the persuasiod, that my Government will be the more easily able to rescue itself front inculpation, bf the in ference arising feoth passages in Mr. Munro's letters to Mr. Secretary Canning, of the 29th of Sept ember last, that the differences unhappily existing between the two nations were in a train oCadjustment. If his Majesty has not pernitted me to enter into the discussion of the search of hentral merchant ships for British seamen, together with the adiuttmesit of the amount of reparation for the attack upon the Che sapeake, it was nowise with a view of precluding the further agitation of that question at a suitable time ; but it was that the negociation might be relieved from the embarrassment arising from the connection of the present matter with one so foreign to it, and, as it was but too well known, so difficult to be adjusted— of a right distinctly disclaimed, with one which GI eat Britain has at all times asserted, of enforcing her claim to the .services of her naterel born subjects, when found on board merchant vessels of other na dons ; a claim which she founds on that principle of universal law, which gives to the state the right of re quiring the aid and assistance of her native citizens. The recurrence therefore to that course of negocia tion, which had been originally settled between Mr. Secretary Canning and Mr. Munro, and which had been alone broke us upon by the orders subsequently received by that Minister, can cr.ly be considered as a resumption of that course of things which Great Bri tain strenuously conteeded there was no grouid to depart from. I may observe, that this purpose might have been effected without the intervention of a Spe cial Minister. It will be in your recollection, Sir, that in our fret interview I stated the condition, which makes the sub ject of the present letter, before I wee info' med by you, that the President of the United Otates would con sent to the separation of the two subjects. I had trueted that the exposition, which I added in my letter of the 26th of January to the verbal expla nation I had before offered, of the grounds of his Majesty's demand, was both in its purport, and in the terms in which it was couched, such as to prevent a suspicion that they were in their intention deroga tory to the honour, or calculated to wound the just sensibility of this nation. I may add, that such a supposition could not be reconciled with the various ostensible and unequivocal demonstrations of his Ma jesty's good faith and anxiety, that this transaction should be brought to an amicable termination, which were exhibited even prior to any remonstrances on the pert, or by order of this Government. The other topics which I felt myself authorised to advance in that letter, in illustration of that amicable disposition on the part of the King, were brought forv.ard from the conviction I entertained, that they must be of a nature to be satisfactory to this Government, aed therefore such as it was particularly my duty to en force, but not with a view to rest upon them the right to advance the claim which I have stated. I may here remark, it is obvious that far from re quiring that the first steps towards an arrangement if reparation should be taken by the United States, Great Britain has already made them openly and distinctly: they are indubitable testimonies to the respect borne and decidedly marked by Great Britain, to the tics of amity subsisting between the two nations, and of her cordial desire to maintain them unimpaired ; and as such alone they were urged. As his Majesty would have derived sincere satis faction from the evidence of corresponding f 'clings on the part of the United States, so it would be the more painful to me to dwell upon a series of insults and menaces, which, without any provocatio or warlike preparation on the part of Great Br' tein, have been for months accumulated upon her through the United States, and but too frequently from quar ters whose authority necessarily and powerfully com manded attention. I ought, perhaps, to apologize for adverting to an incidental expression in your letter, if I did not etink it right to remove any ambiguity respecting the na ture of the claim which Great Britain maintains to her seamen, native citizens of the realm, who have de serted from her service to that of other Powers ; it is, that on demand they shall be discharged forthwith, and consequently they. shall instantly be freed from their newly contracted obligations. Before I close this letter, allow me to state to you, Sir, that I have felt it my duty to transmit to his Ma jesty's Governeitent the exposition contained in your letter of the sth instant, of the various demands on the honour and faith of Great Britain, on which the complaint is made, that satisfaction has not been af forded to the United States, and on which, conjointly with the affair of the Chesapeake, you inform me that the Proclamation of the President of the United States of the 2d of July,• 1807, is founded. It will be fa, his Majesty's Government to determine, on the part of Great Britain, whether any and what obligations remain to be fulfilled by her—whether any denial, or such protraction of redress have occurred on her part, as to render necessary or justifiable the perseverance • in an edict, which, when not necessary or - justifiable, assumes a character of aggression—and whether, int the result of these considerations, the present negoci ation can be resumed on the part Of Ms Majesty, with a due regard for his own honour, or with a prospect of a more successful termination. I have the hones.' I to be, with the highest consideration, Sir, Your obedient and most humble servant, (Signed) a. Is. 11 , !5.E. Xl.—Letter from Mr. Erskine to Mr. Maddiscit, - htuary R 3, transmitting the Ordm• In Council. TIA p-i, maintained in this letter, rxi tee language in which it i, A are the same as those which our Peade , s may remember read in Lord liowicis abswer to Mr. Pis., a d his disizee!As to Mr. Erskine at the time of the jinni gof Order in Couz..:i! of the 7th of January.