The Sun. — London, England, 1812-08-01 00:00:00

pl net;rng ! t complete bc . tween our two countries. Should any embarrassments arise in conse quence of the declaration on the subject of the pro- P°sed.re-voCation of the Orders in Council, above all u` resting at present upon a mere st4e hien,- • In the newspapers, it will no doubt occur to 1'641r r ecollection ; that on the enactment of those Ck ders a measure was taken by Congress for the °1111)0se of me e ti ng them-, when . they were as yet k 11 .°Irn but throguli the public prints. I hays the honour to be, &b. &C. . • (Signed) A. 3 . FOSTER. AIR. FOSTER TO MR: MONROE Washington, June 4, 1812. I must rely upon your candour to feel for the 4o u , • arrassme n t into which your Note of this day has t hrown me. Willing to Comply with the re west containen in it, I yet cannot but be sensible that . • = in making any portion of a dispatch from his .?1 • • Id iestY's Secretary of State to me, the subject e cHrespondence between us, I should not be • justified to my own Government. I believe there 48 no example of a correspondence of such a na ture, and I should be very loth to establish the Precedent. • When I had the lionour to make the communi cati„ or LOrteASTLEREAGH'S dispatch to you in t o , "sequence of its being left to my own discre tiot' to do so, I did it because I' had reason to think' th from th e num b er o f my l e t ter S w hi c h ere ,remained unanswered at your office, such a colt nnunication, if made throUgh a note, might .'''e shared the fate of the rest. You will recol eet that it was at your own request that tac ,`ded to th e di spa t c h b e i ng commun i ca t e d t o th e tir esident ; and that it was also at your instance, : 44 being the only regular way in Which the sub- It et could come before the American Government, tl• t ' l t I determined to write to you a note found:, tlj on 11 it. You were aware, at the latter end of - L week, that such was my determination, which repeated to you through Mr, \ G-axi-rAm, who called tb r , 'AI me the 30th ult. to ask me when I contem- Ned sendin g it to yo ur o ffi ce . .'The notice must la ve reached you, and been read, before any • mes sage could have been sent from the Executive to Congress. - I cannot, Sir• consider my Note asliable to the eb a , ige of ambiguity, Which you now impute to it. . k be abandonment of our most important maritime 11g-hits is‘ more extensively than ever connected by . France with a demand of the repeal of Our Orders in 11 C011 n 6 1, and while you are entirely silent as to °Ny far America concurs with her on this point of L interest vital to Great Britain, without even a Prospect of a reply froM you ,to our just corn as expressed in thy note on the coin qdence of the attitude taken by America with t he hostile system of France, I cannot but be it% vare of the difficUlties to which I should expose 11 '3•self i n enter i ng i nto an exp l anat i on on any insu lated pass - age init. I might, perhaps, by continued =ll 'nee on your part, never afterwards have an °Pportunity of making further explanation ; and you are well aware how frequently points taken Un connected with what, precedes or follows them, are • lrable to misconstruction. But, Sir, as a rea rov, paramount to every other formy tint corn kitting Myself .to an explanation. on, any single to Pic without the discussions between.us were to Ue continued, is the publication, of the highly fin- Portant declaration of his Royal Highness the tip , - •"•eTt RSGENT, to-which I had the honour to al kide in my note to you of this morning. You will tb find stated, in as explicit and authentic a Xl anner as language can convey, the grounds upon tv • blch his Majesty's Orders in Council will be re -ed. I cannot, it is true, as yet, refer you offi eially to this document, but .1 may now be in the "Pectation of receiving it; in a formal state, ''thin a few days, and together with it, every ex lanation possible which you may require. • - (Signed) A. J. FOSTER . :on, Jas: Monroe, &c. (COPY .j , MR. MONROE TO MR. 'FOSTER. " SIR, " Department of State, June 6, 1812. `` I have had the honour to receive your letter the 4th inst. The receipt of that of May 300, as already been acknowledged. ks these,letters relate to the same subject, the o rders in Council, I shall take both into my view 4 1 this reply. am not disposed to make any unnecessary dif ileulty ou account of the informality of the docu tlieat alluded to in the last letter. If the decla ration of the PRINCE itEGENT was such, as Il t° afford the satisfaction required, it would e received in any form entitled to credit, with great interest, as a token of jttst and friendly sen tients in your Government towards the United l'tat eS. But nothing is seen in that act of the laracter 'Which you- impute to it. Without re '"ing a single objecion • to the principle on ‘lich the Orders in Council were issued, and \\ 4\9 Bare been iitaiittained, it affords a ebmpletejtisti= ficAtion of the demand heretolore made on your Oovernriicnt for their repeal. The British Goiernment has complained that the United StateS denianded the repeal of the Or ders in Council\ in a conditional repeal of the French Deeeces, although the French, condition required nothing of Great Mitain which she ought not to have consented to, arid was, moreover, a condition subsequent, and not precedent, and it now. proposes to repeal the Orders in Council con.; ditionally also, with this difference,,that the con ditiOn on which their repeal is to be made is a condition precedent, and not subsequent, and is likewise one which Great Britain has no right to claim. This condition requires, that the French Decree shall be absolutely, and unconditionally repealed,, that is, that they shall be repealed according to explanations given, not only as they related to the United States, but as to all other neutral na tions, and all who prohibited.* commerce in Bri tish manufactures with the enemies of Great Bri- tain . Solar as the French Decrees- violated the neu tral commerce of the' United States, we had a right to demand the repeal, and obtained it. The repeal was declared by an authentic and formal act of the French Government, and communicated to this Government by the . Minister Plenipoten-, tiary of the United States at Paris, and to the British Government by their Minister Plenipoten tiary at London ; and has, moreover been officially published within the United States. The authen ticity of the repeal was placed beyond all contro versy, and the official manner in which it was communicated to your Government ought to have been satisfactory to it. A general repeal of the French Decrees in favour of all neutral nations, and of such parts of them as prohibited a trade with France, and the countries under her con troul, in British mantifactures, the United States have not demanded, because they had no right to demand it. It is further made a condition of the proposed repeal of the declaration of the PRINCE R EGENT ,' that it shall take effect at a future uncertain day, and that the . Orders in . Council should be. - again in force, : on a contingency of . whicli - the British Government is to be the sole judge. If this were a ground on which the United States . could call upon France to .repeal her Decrees in case they were still in force as to them, surely thelkench,epeal, to take effect on a future speci fied day, and , whose revival was not provided for on any contingenCy whatever, was a ground on which their call on Great Britain to repeal her Orders in Council, in respect to the United States, ought not to'have been resisted. In reply to your insinuation, that the demand made on- your Government to repeal its Edicts, which Violate' the neural rights of the United States, is made in concert with France, to obtain from Great Britain an abandonment of her magi time rights ; it 'is sufficient to refer you to docu ments which have been long before the public, and particularly to the letter of M r . P INCKNEY t o _ the Marquis WELLESLEY, of January 14, 1811 ; protesting' in the most solemn manner against looking to any other source for the opinions and principles of the United States, than to the United' States themselves. Let ine repeat, with respect to the Orders in Connell, that all we demand is, that they cease to violate the neutral rights of the United StntesNwhichthey have violated, and still violate on the high sea, should they be continued as to France in any form. which may not violate.' those rights, or as to any other neutral nation to which they may be applicable, it would -be for, such nation, and not for the United States, to contend against them. • The \ report of . the Fvench Minister, on which this declaration of your Government is . founded, affords no proof that the - French Government in tended by it - to violate its engagement to the United States, as to the repeal of the Decrees. It evi dently refers - to 'the .continental system, by the means relied on to enforce it. The armies of France can be of no avail either in the sup port, or violation of 2naritimeirights 7 This con struction is 'the ruore-jutifiable from the con sideration that it is supported by the correspond ing acts of the French Government, pa / ntinued. from the time of the repeal, and by communica tions to the • Minister Plenipotentiary of the United States at Paris to the date of tharreport. I beg you, Six, to be assured, that it is painful to me to have imposed the least embarrassment on you, by the correspondence on the difference be tween the tenor of Lord CASTLEREAGH'S letter to you, and yours /founded on it to me. I continue to persuade myself, however, that you will become sensible, 'that with a knowledge of , the extent given by your Government to the conditions -on• which alone its Orders will be repealed, and that this extent was always eonteMplated by ,y6ur Go vern,Aent, it yr s inipolaibk for tile Presideni to be indttentive. td the fact, or to withhold it froth the hgislative branch of th Govern:re•at4 I have to add, that bad ,it proper for,bim so to . hasie clinic, the kite hour at which yoUr note was received, not till the noon of the Ist instant, was , not in tine to be considered In relation to-the. Me3skr,e'sent tO',Congress on that day. With treat respect an? consideration, I have the honour to be, Ere. (Signed) ..TANins Mr. FOSTER in a note of the Ist inst. alludes to the conduct of America, of enticing and harbour ing deserters from the liritish Navy ; and en closes several Letters from Admiral Sir- R. Can- T/S, and Captain ITALL, of the Royal c irillialr,-;. - th the names and description of 28 British seamen on board the Uitited State.7,.the ConstiLtion, and Wasp sloop and of others who had deserted, after being forcibly detained on board American vessels of war. The American . Secretary, in a reply, • evades lin) , answer on the first ground . of complaint, but says, the latter will be " in quired into," and seems to think that the twenty-eight sea Men alluded to may have be come naturalized Americans. -- In that case they must be protected as such." The laws, -he says, will compel deserters ,from the merchant service,to return to their ships, but others may be considered as malefactors, not to be surrendered withbut a special stipulation. The people in general, we believe, will hear with no small degree of pleasure that a Treaty of Peace has taken - place berween us and our old ally Russia, and that Sweden also has entered into a similar engagement to support the common cause of Europe, as well as of the North, agains the' ferocious Oppressor of so many Nations, and Disturber of the World. But though not only the people of this 'country, but of all others, not ex cepting France, insist rejoice that obstacles are 'likely, to arise to check the career - of the Tyrant, The 'Morning Chronicle, which sees more clearly, and penetrates more deeply into all political af- fairs and their consequences, than mankind in general; expresses great discontent at this pacifi - - cation between us and Powers witb whom we were at variance. It is not enough that enmity has terminated ; such h event affords no pleasure to the Chronicle—it must know the precise nature of the treat!, and all its bearings and relations, and it signifies that " it would have been a de sirable thing to learn the terms pf those treaties, and to ascertainawbether they -are mere treaties of amity, or whether they do not extend to treaties of friendship, ofensive and defensive." If a previous communication of the exact quality of these Treaties, on the part of Ministers, to the writer in the Chronicle, would have reconciled him tp them, perhaps we should, regret that Ministers did not make the disclosure, in order to gain the support of so profound a politician; but as we fear be would still have discovered something to to :condemn either in the Treaties themselves, or in the manner in which they were accomplished ) we are not inclined to censure Government for carrying on the begoei•itian with the usual seczecy, and for not promulgating the whole of the Trea ties till there is a fit time and occasion. But it is soinewhat surprising .that Chronicle shoald complain of ignorance in this matter, for after having: expreSSed - a- desire of information on\ the subject-, it boldly. affirms, that Ave shall find that either these treaties ecititain separate articles, binding " the friends". to certain rediprocal acts of " assistance and exertion ;" or that those trea ties are to be followed, by others, " subsidiary and ofensive."—Novt we are sure that we need not. point out - to our Readers the extreme s , ;gacity of . - - The Chronicle in discovering that a Treaty of Peace may possibly lead the resFective p6s-en to reci procal acts of assistance and exertion. Captain RAWsoN, of the 35th Regiment, is ap pointed Aid-de-Camp to gajor-General WILDER, ordered to - he stationed in Scotlknd... The Honourable Major-General ATEA.Dz (re moved from the Staff in the Island of Madera) is under orders to proceed to the Cape of Good, .Hope. A Circular General Order has been trans mitted from the War-Office, to all Commanding Of regimentq, enjoining them to see their : xespective Pay Lists complete and correct before .they, affix their signature to those documents, which is not to be considered a matter of mere form. A letter from an Officer, dated . camp before st. Augustine, May 20, says; " Yesterday was a hot day for us. The Spaniards made an attack upon our corps with 24-pounders, from a vessel which• they brought up the north river on our left flank.' We lost nothing but a little ground, being oblig ed to retire, having no artillery, and they being Out of the reach of our small arms. We are in expectation every moment of another attack,, with a force not exceeding one-fifth the number of the enemy." - . Five armed S.....nish schooners and some tran sports had arrived at St. Augustine with 500 or (300 men. LAW RkliORT. CO I.= OF CHANCERY, JULY BIRD V. GOODBEHRRE Mr. OWEN moved; on the part of the defend ant; that the bill and the demurrer might be taken off the file, hecausd the name •of Thomas' „ riirker, Esq. Barrister, had' been put to it, syith out his knowledge or consent. He was nroeed ing to detail circumitanes„.wheri Mr. HA,..r inter rup+ed him; and begged thkt,the Learned Gen tle;han world mention no names. The plaintiff had no intention to act' unbecomingly, but had been thisled. - Mr; OwEN slid, lie would use all proper de licacy.; and wool.' call on Parker, Who was preset, to be infOilned if he had any knowledge of the bill: Mr: PA:rttEr, said that he had no acquaintance with the gentlenian, Nvhb signed the hill, nor Was it done with his privity. 14. r. HART said there was nothing more Comnion than for one Counsel to sign answers in the name of :mother. The Learned, Gentleman Who 'had af2,:ed Mr. Parker's name was in embarrassed cir curnstances,• and did not wish his own name td' appear ; and the defendant's attorney was apprised of his reason for acting AS he did. • LORD CHANCELLOR.—I have been at the bar forty Years and never heard of such a practice as that mentioned by Mr. Hart. Sir SAMUEL ItomiLLY, Mr. COOKE, E. BELL, and Mr. TROWER declared, that it was a common practice among the first pracCtiOners. The LORD CHANCELL SilA he would not 'countenance such a practice, and hoped it wnuld be discontinued. The,plaintiff then came forward, and asked to be heard ; to which the Chancellor assenting, he said he was a. most Oripfessed ntan, and that the case was a n u iniquitous One-. Mr. OwEN hoped the plaintiff would not npw be permitted to enter into the facts of the case. The Loan CHANCELLOR said, he would hear the motion when the proper affidavit was filed, when the plaiiytiff might have an oppothniity of address ing the Court. . LUCENA U. WRAP Mr. RUSSELL applied, on the part of the plain tiff, for a Commission to be sent to the island of Tessara to'.examine witnesses. lie stated that there was an action pending for the recovery of the penalty of a- bond, by which the deftmdant undertook to pay 10001. per mouth, on condition that the agents of the Prince Regent of Portugal should pay to defendant's agent-4400 dollars.— The defendant had pleaded to the action, that the agents of the Mince Regent had not paid the sum at Tessara ; the plaintiff's affidavit stated; that this payment could not be proved unless wit-I messes were examined at Tessara. Mr. TR OWER objected to the affidavit on the ground of insufficiency, as it did not specify the -- witnesses to be examined. The LORD CHANCELLON granted Mr, Russell's motion, on condition that the affidavit should. be amended, and state the facts of the .case -with _more particularity. POLICE. Bow -STREET.—Yesterday, the five persons who N.rer e brought to Town a few days since from ltye and Oswestry, on suspicion' of aiding and abet ting in the escape of General ,Philippon, under , went a long private examination, and were com mitted foriarther examitiation. GUlLDHALL.—Yesterday a man named Allen was brought up for examination, charged by the watchmen bfSt. Andrew's, Holborn, with a des perate assault on a woman, professing to be his wife. A watchman named Burrowes, doing duty on Snow-Hill, stated,- that between two_ and th ree this morning, he was alarmed by a cry ofinurder proceeding from a houSe on his beat ; two men accidentally' pnsing, propored to go with_ him into the house, and inquire the cause. They went up stairs, and found three women on the•landing place all screaming murder, one_of them with an eye nearly beaten out, and her person covered with blood ; ,they directed'him into a room, and pointed out to him the defendant lying in bed, whom they charged with the outrage. He refused to get up but the watchman, without ceremony, pulled him out by force; -and he turned his attack on the watchman, and struck hith violently about the head, right and left; but he was taken to die Compter. Two of the ladies Who raised the cry of mur der appeared;—the o'he intoxicated, and the other who had received the beating. Both positively denied that they ever cried murder. The lady who performed the part of wife to the defendant, exhibited her face and eyes battered and • swollen in A shocking way—denied that the defendant had. struck her ; • but said she received the little hurt in falling down stairs. The Magistrates, how ever, held the defendant to bail for his trial, on the chara- , of assaulting the watchman. METLOROP, BY mosonicAL IN Therr,aumeter. ' ;•l 7' OGIC, It. ;TRITM ez c' 29.76 .83 .SI .61 .53 .80 .55 'L JO AN KS, 14NT At 7 a": .03 rii .10 .06 i.o; URNAL, AKER, STRAND. Weather. Cldv. Fair Rain Do. Du. t Fair Do. Cldy. * Fair Haim Fair Cloudy Fair Do. siin in the n' ight. f !i bpfl .der at fire P. NT. HIGH Nl' LONDON BRIDGE TO-MORROW, Morning, ~ 2 3 minutes after 9. 1 Evening, 48 nainutts aitiT 9. COAL MARKET, JULY 31. Ships at Marcia. Ships sold. Price. 502 Newcastle .• . . 29:1: . . . Oa. to Ms. Qd. 2 Sotideriand . . . 1 • . . 43•:. 3d. to —s, •Od. 1 . • 0 . . —s. Od. to —s.