Star. — London, England, 1814-11-22 00:00:00

.the right of search for seamen, with that of im ing from our vessels the subjects of all other Iflt It will not escape your attention, that by the right, in any case, we give up the principle; leave the door open to every kind of same objection is applicable to any and every other arrangement sithielfivirlihelds the respect due to rim- - 1 flag, by not allowing it to protect the crew tailing! under it. si The great object in regard to itopresainset is— that our flag shall protect the crew; and - providing' for this in a satisfactory manner, you ate audicielited to secure Great Britain effectually against the em. ployment of her seamen in the service of the United States. This would be done by the adoption of ei. ther of the above alternatives, and the application tit 'that. which may be adopted of the checks Contained in the law of the last session relative to seamen : id aid of which it will always be in the power Of Great Britain to make regulations operating hi her own ports, with k view to the same effect. 44 To terminate, however, this controversy in a manner satisfactory to both parties, the President is willing, should other checks be suggested as likely to be more effectual, consistent with the spirit of Our constitution, that you should adopt them. 44 The strong feature of the first alternative, which authorizes naturalization, requires the continued resi dence for five years. In Case this be adopted, the President is willing to secure a compliance with that condition, to make it the duty of each alien desirous to become a citizen, to appear in court every year,. fi,r the term of five years, till his right shall be corn- pleted. 44 This example is given as an illustration of your power ; for to exclusion of British seamen from oun service, no repugnance is felt. To such exclusions the amicable adjustment of this controversy with Great Britain affords a strong motive, but not the only one. It is a glowing sentiment in the United. States, that they ought to depend on their own po pulation for the supply of their ships of war and mer chant service t expericnee has shewn that it is an abundant resource. 44 A strong desire has heretofore been expressed ..by. the British Government to obtain of the United States an arrangement to prevent the desertion of Biitis.h seamen, when in our ports ; and it earthen 'tie, doubted that a. stipnhttion to that effect would be ; highly satisfactory as well as useful to Great Britain. It is fairly to be presumed, that it alone would afford to the British Government a strong inducement to. enter into a satisfactory arrangement of the diffe rence relating to inipressment. The claim is . not in admissible, especially as the United States . hive are-, ciprocal interest in the restoration of deserters front American vessels in British ports. 440 i the right of the United States to be exempted from the degrading practice of intpreisnietir; as much has been already said, and witllt such that it would be useless, especially to you, who are otherwise so well acquainted with it, to di late on its merits, 4. This practice is not founded on any belligerent right. The greatest extent to whith the bell claim has been carried over the vessels of nettia tions, is, to bowel, and take from them peestins in the land and sea service of an enemy, contrababd of war, and enemy's property. All nations agree re specting the two first articles ; but there hst been, and still exists, a diversity of opinion as to the lair: The. Empress Catherine' of Rum* a distinguished advocate for just principles, placed herself, in the year 1780 at the head of neutral nations, in favour of a liberal construction of their-tights, and her sasses. sors have generally followed her example. In all the discussions on these topics, we find nothing of the Briti.,l3 claim to impressment—no aiknoviledge ment 61 it by any treaty, or proof of submission to rt by any power. 4. If instances have occurred in which British crui sers have taken British seamen from the vesseli of other nations, they were, as it is presumed, in casts either not icquiesced in, or of the extraordinary na ture only,. affording no countenance to their practite itritpreterioionn in relation to t h e United States. Case's of this. kind, if such. therehe, afford no proof of n if stetisafic claim. in:the British Government to iMpresszneet t or of submission to it by other Powers. 64 This claim is, in fact, traced to another source— t);e allegiatice.due by British subjects to the Sove fedin, and tali AO; by virtue thereof to their •servior. I his has been distinctly stated in a. late declaration by the Prince Regent. Xpowinlic the nature of the we knoW also the extant of the right and obeli: cations incident to it. Allegiance is a political rela tion between a Sovereign and his people. It is the' obligation which binds the latter in retui n for tha pro tection which they receive. These reciprocal duties have the same limit. They are confined to the do minions of the Sovereign, beyond which he has no rights, can afford no protection, and can of course claim no alle,giance. A citizen or subject of one power, entering the dominions a another, owes able. glance to the latter, in recut° for the protection he re eeives. Whether a Sovereign, has * right to claim the service of such ofhis subjects as bate left his own dontiniOns, is a question, respecting which also a dif. ference of opinion niny exist. It is certain that no Sovereign has a right to pursue hie subjects into the territories of another, be the motive fur it what it may. Such atientry,without the consent of the other power, should be a violation, of its territory, and. an act of hostility. Crffinders,evep conspirators, cannot be pursued by one 0000 into the territory of'anothee; nor are they delivered op by the latter, in com pliance with treaties , or by favour. That the vessels a nation are considered a part °t its territory. with • the ezceptiAn of the belligerent right only, is a pees eipie to I well established to be brought into dienos. sion. Each state has ex cl u siv e jurisdiction ovecits Own vessels. The British Government, aware of the truth of this docrrint, has eridenvoureel. to avoid its cone.; quencesin the late declaration Ot the Prince itegent. It has not contended that British criiiaers have a right to pursue and starch Our vessels fqratitisli seamen. It. asserts only that they . have *righliti zcarch them for other olijettsitive being on board for a lawful cause, ite d . _ f ol ding . Britisb islomen there, that they have a right to iiiipeeas dui briek.thern away, under the c l a im o f a netjenee, rtitliNar seo a systematic pus. suit of OM vesieli IfEitish cluiltrs, aid the pressment.ot teams* fVnt i tt : *it* a port the Seitatf;obite *Obi • - baillieen instituted, and by the blockading squidcon, but in every patter the oceani.ou our cottg, nude:ten in our ues, it tketlifilcult to believe that iMpretsment is not. tbel feal , istaive, aad the other the pretext for it. But to place alias Argutoent of the British Government •on the grengest.ground, let it be admitted that the entry was lawful, is it so to commit an act not warreotedby L the purpose for which the entry was made ? Thera h', a levity in this argument. The Britieh v esovertatlient founds its right of impressment from ?er.ships ow l that of allegiance, which is a permanent right. equally applicable to peace or war. The right of impress ment, therefore, froth . the vessels of other powers anitt likewise be peiMinent, and equally aOplicabli to peace and war. It would not, however, take thit broad ground, lest the injustice and extravagance of L die pretension might excite the astonishment and in - 41gtratioo of other powers , w wham it would *tipsily applicable . To claim it as a belligerent rig t would have L been tinny unjust. and absurd. Tlid - *fifth tiOVerintiept was, therefore, reduced to a 414 !donna. To aclctiowledge it could not support thd clkim oh either pritiCiple, Would be to relinquish itl and yet it could rely on neither. It endeavottred td draw some aid frOin both. A state of war existi Which brings the parties together. Great Britain ea a belligerent, and the United States as a 'Neutral Power. British of fi cers have now a right to board and search American vessels, but for *hat ? Persona in the service of an enemy, contraband of war, or ene my's property ? This would lot accomplish the end: [lt is, however, the utmost limit of the belligerent L iright. Alie4iance, which is an attribute of sore ' reignty, comes to her aid, and communicates all tho Inecessary power. The national chaiacter of the nets = tral vesget cam. The complete right of stivereigntyi Ind jurisditticib,Orer. it is it-anti - erred to Great Britain., 6 4 The ' •rained in the declaration of the Prince Reg Are an impressing British seamen from American vesse '; Great Britain exercised no right which she was not willing to acknowledge as apper. mining eqiially to the Government of the United States, with respect to American seamen in British merchant ships, proves only that the British Govern ment is conscious of the injustice of the claim, and desirous of giving to it such aid as may be derived from a plausible argument. The semblance of 'qua , . lity, however, in this proposition, which strikes at first view, disappears on a fair examination. It is unfair, first, because it is impossible for the United' States to take advantage of it. Impressment is ut terly repugnant to our constitution and laws. In offering to reciprocate it, nothing Was offered, as the British Government well knew. It is unfair, se condly, because it impressment were allowable, a re -44)1430.166u a tie; practice would be no equivalent to the United Slates . The exercise of a right in com mon, at sea, by two nations, each over the vessels of the other, the Qat powerful and the other compara tively weak, would be to put the latter completely at the mercy of the former. Great Britain, with her vast navy, *Mild SONS be the only party which made imPreasineot. The United States would be compelled to abstain ROM it, and either to submit to the British rule, With all Ate elitists incident to power, or to re sist it. Zit should the United States be permitted to make impresimeot initin British vessels, the effect would be unequal. great Britain has, perhaps, SO ships of war at Ma Mope of the United States, and would profit' of the irrogement in that proportion. Besides;iinpiessri4tit is a practice incident to war, in which view, likewise, the inequality is not less gla, zing, she being at least thirty years at war to one of the United States. " It might naturally have been expected that Great Britain would haste-given by her conduct some sup- Prt to the.Pteteasions, that if she had not disclaimed altogether this principle of naturalization, she would at least have excluded from her service foreign sea men. Her conduct, however, has been altogether at variance with her precepts. She naturalises by special act of Parliament. She naturalises all persons who reside a certain term in British colonies, all who are born of British subjects, in foreign domi nions, and all seamen L who have served a certain short term in the British service, and would doubt less:protect all such as British subjects, if required by them so to do. " Should improper impressions have been taken of the probable . coesevences of the war, your will have ample means to remove them. It is certain that *ay its prosecution Great Britain can promise to her self no advantage, while the exposes herself to great .eepenses, and to the danger of still greater losses.— The people of the United States, accustomed to the indulgence of a long peace, roused by the causes and progress of the war, are rapidly acquiring military habits, and becoming a military people. Our know ledge in naval tactics has increased, as has our mari ' time strength. The gallantry and success of our little navy - have formed an epoch in naval history.— The laurels which these brave men have gained, not for themselves alone, , but for their country, from an enemy pre-eminent in naval exploits for ages past, re among the proudest boasts of their grateful and elictionates fellow citizens. Our manufactures have Lii a kea astonishing growth. In short in every circtmso stance in which the war is felt, its pressure tends evi dently to unite our people, to draw out our resources, niitivigorate our means, and to make uslmore truly an independent nation, and, as far as may b: necessary, -a great Maritime power. ..A strong hope is, therefore, entertained, that full powers will be given to the British Commissioners to arrange all these grounds of controversy in a satisfac- Very manner. ~ " In entering on this interesting part of your duty, Atli tip; object which will claim your attention is, that (blockade. The violation of our neutral rights by illegal - blockades', carried' to an enormous extent by 'Orders in. Council, was a principal cause of the war. These orders, however, and with them the blockade' ;el Hay, 18 . 06, and, as it,is understood, all other illegal blockades, have been repealed, so that the cause of war his been removed. All 414 is now expected is, that the. British Government will unite in a more precise definitiOn of blockade. • "The British Government has recently, in two for-i mil acts, given definitions of blockade. either of whieltt wield be satisfactory. The first is to be seen in a communication from Mr. Mercy to this departm ent, bearing date, on the i2th of April, 1804. The fol lowing are,the circumstances attending it ; COMM dore Heal, the commander of a British squadron in the West Indies, in 1803, Itikving declared the Mende' of Maitisigue eis4 Geadataive 4 a mit of biota' 'kali*, without applying an ailele en nikefeeeli ireelletaht it; the Skretareeof State rekhonAiiitra egeinst the illt , Xality of th‘'metisufei Which reelleinstemet eras laid before the Leas eillemeliesionele of the dme ',wily in England, who **fillet "thee thee le sent hers not to contidee At, bitieltade tif tilde islands as existing, unless in respect of Particular ports, which 7iiiight be actually invested, and then not to capture eestees bonnie to such Ports, unless they shall have been previously warned not to enter them:" " The second definition is to be found in a cons , vention between Great Beisain and • Russia; in keel 1.601, 4th sec. 3d art. which declares, "than in °Met 1 , te determine what chaeictereses a blockaded pierce ettit denorninition it given only to a pbrt where there 'it be 'tee disposition Ot the power which attacks it; with slept statieniee, or sufficiently near, an evident danger In entering." 66 The Pfesiderit is willing for you to adopt either of these definitions, but pleura the first as more pre. cite and detetehinete : Mid When it is tbtlsidered Mkt . 1 it was made the criterion by so formal an act betiied the two Governments, it eatinot be ptesbited that the British Gotetntnein will object to the reitewal of it. 44 An interference teith tint commerce between cue , my's colonies and their ;tenant country was among the vielatidna of bur neutral right!; committed by Great lefitainin her ptesent war With France. It took place in 1806, did extensive injury, and pro duced universal excitement. In securing us against a repetition of it, you will attend to an article of the Coneentitin between Russia and Great Britiln, en.; tered into on the die of 1801 ;to the 11th article of the.project of a treaty with Great Britain ; that was signed by Mr: Monroe and Mr. Pinktief, on the 3lst December, 1806 ; and to the instiuctione from this department relating to that article of the 20th of May, 1807. The capture by Great Britain o' almost all the iilands of • her enemies, diminishes the importance of any regulation on this subject ; but es they may be restored by a treaty of peace, it me- Site particular attention. It being understood, how evereehat unless such a trade can be obtained in a paver extent, and without a relinquishment of the principle contended for by the Milted States, it will' be beat thee the treaty be silent On the subject. . 46 A disposition has been dieem by the British Ges. verntnent to extend' this gr e hictple so far as to inhibit t trade to neutrals even tween a power at peace 'with Great Britain end her Enemy, as for exaMple between China Ad Frence. The stbsurdity of this epretension Mae peeteet its being heteafter advanced. ft will not, howeeet, be unworthy of your attention. 44 By an order of the British Government in 1803, ititiih cruisers Were authorised to take neutral ves sels Laden with innocent' rticles, on their return from an enemy's - port, on the pretence that the/ had car ried to such port contraband of war. This order is directly repugnant to the law of nations, as the cir cumstance of having contraband articles od boatd bound to an Meisel% port, is the only legal ground for seizure. Tire claim Was reliticeniMedeby the lete tish Government in the itth article of the project ilhove recited; eon Wile endeavoite in like Manner to provide against it. ft is the prietki of British end ' zers to compel tee comitiandeil of neuttal vessett Which they meet at sea, either to board the& in pet son with their pipers, or to send thee' &pits on board in their boats by an officer. The injustice and irre gularity of this procedure need not be ritentio'ned.— You• win endeavour to suppkes it id the Manner prte posed in the third article of a project tomrminicated to Mr. Monroe, at London, in hisinsduttions of the sth of January, 1804. 64 The pretension of Great Ifietaen to interdict the passage of neutral vesseli with the cargoes from one port to another port of ad enemy, is illegal and very injurious to the commerce bf neutral powers. Stilt more unjustifiable is the attempt to interdict their pas sage from a port of one` independent nation to that of another, on the pretence that they are both ene mies. You will endeavour to obtain, in both instances, a security-for the neutral right. Upon the whole subject I have to observes that your first duty will be to conclude a peace with Great Britain, and that ycu are authorised to do it, in yak you obtain a unistac tory stipulation against impressment, one wheel shall secure, under our flag, protection to the crew. 'fee manner in which it may be done has been already stated, with the reciprocal stendations which you may enter into to secure Great Britain• against the in. jury of which she complains. If this encroachment of Great Britain is not provided against, the United States have appealed to arms in vein. It your efforts to accomplish it should fail, all 4 u:ther negeciatiorth will cease, and you will return ho ne without delay. It is possible that some difficuti y may occur in ar. ranging this article respecting- its duration. To ob. viate this, the President is willing that it he limited to the present war in Europe. Resting, as the United States do, on the solid ground of right, it is not pre sumable that Great Britain, especially alter the aid. vantage she may derive from the arrangement pro' posed, would ever revive her pretension. In forming any stipulation on this' subject, you will be careful not to impair by it ilw right of the United States, or to sanction the principle ot the British claim: 46 Indemnity for losses seems to be a fair claim on the pert of the United States; and the British Go- 1 ' vanswot, if desirous to strengthen the relations ot ifsiendihip, may be willing to make it. In bringing I the claim into view, you will not let it &teat the pri- *wry objects intrusted to you. 6 , No difficulty can arise from the case of the non ' importation act, which will doubtless be terminated in consequence of a pacification. 46 In discharging the duties of the trust committed so you, the Prerinient desires that you wilt manifest the highest degree of respect for the Emperor of Runes, and aenfldenee in the integrity and impartia lity of his views. 44 I shale conclude by remarking that a strong hope 'is entertained that this friendly mediation of the Em peror Alexander will firm an epoch in the relations between the UnireaSeetes and Russia, which will be extensively felt; and be long and eminently distin. relied by the happy consequences attending it.— !Luce 171Kii Russia has been the pivot on which all• questions of neutral right hare essentially turned.— Most Of the wars which have disturbed the world in lemeleeneinies hive Originated with Great Britain and Prance. These wars have affected distant countries, especially in their character as neutrals, and very ma terially the United States, who took no patt in pro. 'suiting them, and had no interest in the gnat °beret of either power.". 4 a,` PARLIAMENT:MT PROCaliribt ' I - : HOUSE OF LORDS, NOV. iii. i Counsel were finally heard in de Appeal, General R ol iw et ,,, 4 v. the Duke of Athol. Judgment was "wpm& PRESERVATION OIF Tllli PEACE IN IRELAND. TbeEul of DONOUGHMO It E otwrired, that andersmolieg from the pobtic ?daft theta em was introduced toto mob., place for the amendment of the Act of last Session, for the hew. Preservation of the Peace In Iceland, Ad sietifinr, fh he dlE,lbma accuracy of the ammonite made, and the unin'elgo sill* lif Me proposes. otthat nteathre, it Olt lit.t filth, teltli able§ MAN. . ble their ~dills to skterniihe With more auntie) , upon teo Asijett letien tite brought been aeon If pit tbana is remotion of • • hirerinadna as m'ilit have that teideati .s With that • • . .. gave 'tenni, that op thlirs4i• he weal I solo. mit to ilk I MittiOn, whirls he outitn net po s oon * M ax Mt day, did he far MI he ill'oh 6 eitandi ti StiesiEßi the two Interstrning alqs_._• The Earl of LIVERPOOL *dined to be informed owls liartimhrly ofthe *ism gibe Noble Lord.% Intended motion. The Earl of DONOUGH MO itli replied, that hi.oti eu oft t to he m , el t e ilisin for rit tt e la p d rod aig ue s t es to a n t o s f to th i r ma co h m e m ied emin fa t a ion arsa4 l, us w i r e said te be founded. • - On ibe suggestion of aye ilia of taVettl 6 o6l., It was tirfftell - that their Lordships shined be santato - ns4 ter flaerstlaY. NAVAL ADMINISTRATI.IN. the rad of iiO)II3Odt4MORE iske4 ig he WA Viiminitag the head of the Maitrahi, vitikaliii ant Mother informs. tion called for by bit No 6lb Friend ( rte tri'of btrntey) icon his intention to lay Woo the Table of that Habit tht Monies Plea* pia.—The A,ldiaisi Which lied been presented titie tOwnd df LIMPod, Olaignw.ect.direciy td the Regent, peas by the Adniirtlty eltogettfee t Ylsenaut MELVILI.E said, that the paters wlifeh he Me &meet Veit thine eedy *Mat had Veen Ordered by the Hookt; a that do Petition entangled W the Noble Eiril were ate ; intone the number. At the same time, if the Noble P.M thong* Otto move fir the*, theee could exist no postiliii libjecdon iii his pm td their prodoettoti. lite Earl of DOPIOUGHMORE commie! Ifs retalliesine move immedlatsby fot those Papers, but tie Earl of Liverpool intimating that the motion ought to be in the way pf Addren, and that a notice *Old be esnvenietn, the Wilde Earl gave no. eke that he would make the motion on Thursday. - On the motion of Viseoilt MELVILLE,rhe order foe mad;og S Medd! time the Stinnett and Mariut4 Pension Bid *is sins charged, to glee tittle for the printing it the Bill, and a sew sedan was made for thls day aelini g ht. AMERICA. The Marqttis of LANSDOWNE ttat deslront of putting a question to the Noble bird; on a subject Which wduld be of considerable importance at any period, but viihich was of much more in the precast state of affairs in Eatope. He alluded to the puhli. 'onion in Anteriet Of the Negociation between the Bfitish and the ArneriCan Cotnrhistiotters at Ghent. Was it the intention at his Majesty's Government to make any communication to Parliament on this im. portant subject ? The Earl of LIVERPOOL replied, that it ski not the intention of his Majesty's Government to Mk . low the exampk of that of America, in . 1.! unptio =dented proceeding of publishing a partial and garb"- led account of the commeneernent of a Negociation still pending. He trusted that this answer would be as satisfactory to, the Noble Marquis as it was ex. plicit. The Mmes of LANSDOWNE acknowledged the explicitness of the Noble Earl's reply, but denica that to him it was satisfactory. If the accounts which had been published in the American Journals were partial, he conceived that it was the bounden duty of his Majerty l i .Goverliniett, by the publics tiotion their part, to counteract the Mischievous ef fects which were likely to result from the former, not in America alone, but in Eirope. He Was one if those who thought with the Noble Lard on the sstb. lett of the declaration of war by Atomic& against this cotmtry, which he considered as true:Med for bb the circumstances of the tin*. and consequently as unjust. But if the America', publicatios of the terms - insisted cut by the British Coramissiooers were laid,' stated, he must protest against being supposed to etpouse the justice of them. In fact, the grounds of war were completely changed. Instead of ow con fining ourselves to the right of claiming . the alle giance of our own citizens, and to the matutidance of our maritime rights, we had requireda teviston of the boundary between the possessions of the two countries, the abnoutournent on the putt of the Alec rieansi of their naval frontier, by itsthdrawing their s!iips of war front the Lakes, and above alt, their ab stinence from all ft/utter agAtAladitanerlt, by 6,e put chase from the Indians of lands even within their owu territory. The principle on which the war corn. **nerd, was thns utterly changed. If, however,the NoWe Earl should say that in the Nego tiations shish were yet pending any prOposition had beet, made on our part - subiequent to those Which he hid just des cribed, he would refrain at present from saying any more upon the subject. The Earl of LIVLIPOOL declared, that he was as sensible as the Noble Marquis could possibly be, that at the proper time all the circumstances mentio ned by the Noble MarqUis ought to be fully ex plained., The question was, was that the time i— ' AU that be could then my Was to repeat his tOt foci assertion, thst the British , GoWernment did not stn any thing in the tinjoistifiable ion which Lad L.e.a taken iqr. America 0 induce them to depart from the usage which had prevailed at all tames mail tatious eut to' publish or captain the circumttancei cif any negweitttiort while drat negetiation was in cotiese, and tick fil - ootht to airy isttie. Undo r OA impression it was onpossihle for him in mph, at a:a present to the points alluded to by the Noble Man quis,' but at the proper tittle he pledged himself tetly to explain his caul let and that of his Maiesty's Ge: vernmeitt. to Parliament. to Europe, l ' ind, to the world. There was one thing which he wished rani cutarly to impress ott their Lordships' minds; nlritelC, that whatever might appezi oft the face of the t'i' Pers which had been Alluded to, the negoclatnn' ii.ll not closed, It had never ietermitted, and was sii 4 proceeding, notwithstanding the pernicious oft ' which might arise (tom the disclosures that liatitol so utrwarrentatAy tirade. The Earl of rIONOtYGIMORE was read! 0 adthit that if the statement in the American FT . ' had proceeded from any unauthorised intimatui the argument of the Noble Earl would be sufilLienal satisfactory. But that was not the case. Beall two Governments in treaty with each other—on" which having published an official statement oda" be partial, the other war called upon to for", one that was correct. What he wished the lir' m Earl to do was to follow the example of tite.l o , risen Government , and as that Government h" seat forth an account calculated to influence A rne ' rice and Europe in their faveraii the Noble Ltai'r peared to him bound, in dint to the litinsh G ° ' vernment, to publish such a statement (if it eras IS his power to do so) as would do away the mach° I n~ i 4