The Sun. — London, England, 1812-07-10 00:00:00

f " rnon „P. ! be•c:nie it snits ' . / .,' T 've -, i-wn-; at moment, ween the play i; driven the ocean, to revive the. (I.° "'"rine‘of " free ships rivo- , :ng f. ee goods," be as recourse to a treaty nti longer in force, in stich a stinuration existed—a treaty which,' 1 )7 his - Ow n express refusal at Amiens to renew anY of the '.ancient treaties, was not then re l'ived as even binding on Great Britain and rance, betiv-tn whom ,alone, as patties- •to it, and onl y w hi le they were at peace with each other, Could it ever have had any legaleffect ; yet even this treaty is too -narrow a basis for his pre sent pretensions' since be cannot find it in his for limiting maritime blockades to fortresses . a . c ,tually invested, b es i ege d, an d lik e l y to b e d - l'en ; no p rov i s i on o f any description having t u e eo made in that treaty either for defining dr re tulattng blockaies. Surely, at such an instant, America will not Urge Great Britain to abandon or to soften any Precautionary, any retaliatory rights against such Power. Th e British Government not only: feels elf imperiously bound to defend them, as they respect Great Britain, with all vigour, belt to call Pon every natio n to 'resist such exorbitant pre- If Great Britain, at such a moment, were to re -4 x heders in Council aga i n st F rance , wou ld re nt all r oOr ther nati have reason to tun common causeons was abandoned ? complain that America must feel that Buonaparte is not act lig' as, indeed, he ne v er h as ac t e d, w ith an y "Tiv of establishing principles of real freedom, veth respect t o naviga ti on ; h u t -is merely endea 14ring to cloak his determination, if possible, to just Creat Britsin, by novel d eman d s , and re ted theories of mar iti me 'l aw ; and America itie A u i 't : see that Buonaparte' s obj ec t is to exclude t 1: 4 'sh entnnierce from every coast and port on tie Continent ; and that in pursuit of this object, i n a - 41 1 31 ing on the rights of independent States, he b sithingiv proclaims his 'determination. to effect it direct i nvasion of those independent States, 14 ) , ‘ Ieli he insultingly terms a guarantee; thus O'ing the most solemn and sacred terms in the tt lv of nations synoninious with usurpation of ti f rri tory .and extinction of independence. ..Ame= • po a must see, that as the States hitherto in his wer have been seized on to guarantee his . sys 7 / : 11 1. 3 . be is now proceeding - destroy whatever t ei tl ains of independence in other neutral States, ti -"lake that guarantee complete. From his want v, a P°lver to pass- the Atlantic with his arm i es ( a dent °f Power to which the United States are in- Ig 'en to the naval superiority of Great Britain), A tli s Ystem of a guaranteeing force may fail as to e rica ; b u t as h e cannot - h ope to s h ut Ameri klll, Ports -against Great Brit a i n , by occu p anc y invasion, he hopes to effect his purposes by ills.ll,a.gement and fraud, and to accomplish that by lh. l 'ions relaxation, which he cannot accomplish n Powe r .. . • Gr eat Britain, he feels, is only to be' ruined 'by 11,: li ding her from every pert in the world;- he forges' the re f or - , to s h ut every port i n Europe by h ,, c e, and every port in America by manage lie pretends to conciliate Ame:ica by ap jsLSC her conduct, and a partial relaxation of p, system in her favour. He accompanies the aril - I lse of repealing his Decrees with conditions, trusts America will not disavow, and which Q he knows tireat Britaiii-miist reject; know - Pr ee 4 t the same time t h a t th e re l axat i on o f hi s D e. t o , will.be of little use to Anierica, without a thi n ' e 'Pontling relaxation by Great Bl a tai n , h e ti c , every obstacle against concession to Ame h Great. Britain, making her perse v era nce to t hot er retaliatory syst em snore than ever essential 'er ho nour and - existence. And surely it will e , lia t ; 'cane the notice, o r f a il t o exc it e th e indig k4l°4 of- the 'American- Government, that the, meanf Fra nce , 'b y t aki ng t h e new g roun d now d, has retracted the -concession which iq er ica supnosed' hilt. to' have 'made. He has 4(4 ns , istently 'and contemptuously withdrawn It tier the ground upolywhich she has taken - a , ° stile attitude agai ns t G rea t Brit a i n; since 4 Peal. of our Orders -in Council ; and even L o nationun of our rights of blockade, would . I °i) ger saftice to, o bt a i n a re p ea l o f t h e B e rli n 1. 1 an Decrees. th at 4 14 . IVAjesty's Government cannot but hope nierica, considering all the •extravagant pre set.forth by - the Ruler of France, in the the e of Bassano's Report,' and at the same time itii,J e solutio n to 'march his armies into all States; kittenlie port s o f w hi c h t h e E ng li s h fl ag i s ad ret will acknowledge, that this doctrine and ttit.r autL constitute a ' , complete aimibilation of Na t ,,Y, and that- she is boimd,.'as a . neut r al tAthens hh t `' to disavow and resist them. -Every Stagec luieSees in this Report must adt upon the dered Pie, that neutral and enemy are to be consi tf H enceforward as- the same in the language' l • a F rench law of nations, and Great Britain N ta tigtit to consider that every nation who re l'ltin,,tt° admit her- - fl ag u p on the p r i nc i p l e as -41-ie-Iqtt ' admits a n d recogn i ses t h e d octr i ne o f t h e tv ati not now trouble y ou , Si r , w ith man y ob bth relative to the bl o ck a d e o f )lay 1806, lock lega lity of that blockade, - assuming the its li ks a( : i ng• force to have been sufficient to enforce t witterb, not , been questioned by you. ~"1 - t (3 .41 merely remark, that it was impossi. '44 , r , e4 t Britain should receive otherwise, than t'atti `"e utmost jealousy the unexpected de- In t k oride by America for the repeal of the i l r 'i N 4d i e ' as well as the OrderS in Council, ik 11 4 .t appeared- to be made ,subs l quent to, 'llll ' 4 consequence' of, one of the conditions ,:}141(4-ciaparte's,pretended repeal of his'Decrees, condition - - was renouncing What he calls and 141 ew principles -of blockade ;" that the de „t\v-, ;" the part of America was additional and sufliciently proved by a reference to th e 1. 11). re of Air* Pinkney, as well as from the 1 • k te AV 11Ch -M r . Erskine had arranged the b~nheil w i th America relative to the Orders iu , In that arrangement nothing was o)tri c . forward with regard to this blockade.. Yltl, Woul ‘ 4 o4t . , d have been contented at that time %,4're old reference_ to it. It certainly is not . . ;L" ( 1 4 tl l 4 , l t 'eva . nee or, an injustice now, than it (1. 4 • Vv 7 liv then is the renunciation of that atl e i n y , si , tetl upon now, if it was not neces -4Y a t , 4 l . ‘ n ' 4. .t upon it then.? - It is difficult 'to find % er but by reference-to.subsequent cona -0 manications between France and America, and a di4osition in Ainerica to countenance France in requiring the 'disavowal of this blockade and the principles upon which it rested, as the condition sine qua non of the repeal, of ,the Berlin and Milan Dec-ces'. It seems to have become an object with America only, because it was prescribed as a con dition to France. On this blockade, and the principles and rights upon which' it was founded, Buonaparte appears to rest; the justification of all his measures for abOlishing neutrality, and for the invasion of every State which is not ready with him to wage - a war of extermination against the commerce of Great Britain. America, therefore, no doubt, 'saw the necessity of demanding its remniciation,, but she will now see that it . is in reality vain either Tor America or Great. Britain to' expect an "actual repeal of ,the French Decrees, until Great Britain renounces : First, the basis, viz.' the blockade of 1806.; on which Buoimparte has been pleased to found theM ; next, the right of retaliation, as subse quently acted uportin the Orders in Council; fur ther, till she is ready to receive the Treaty . of Utrecht, interpreted and applied by the Duke of Bassano's Report as the universal law of nations; and finally, till she abjures all the principles, of maritime law which support her established rights, now more than aver essential to her existence as a nation. ' Great -Britain feels confident that America never can Maintain, or ultimately sanction, such preten sions, and his Royal liikhness,the,Prince Regent entertains the strongest hope that this last pro ceeding of France will strip her measures of every remnant of disguise, and that America, in justice to what she owes to the law of nations and to her own honour as a neutral State, will instantly with draw her countenance from the outrageous system of the French Government, and cease 'to support by hostile measures against British commerce the enormous fabric of usurpation . and tyranny which France has endeavoured to exhibit to the world as tlae law of nations. :America cannot now contend that the Orders in Council exceed in spirit of retaliation what is demanded by the Decrees; the principles, or the usurpations of Buonaparte. The United States Government must .at last be convinced that the partial relaxations of ,those Decrees in favour of America have been insidiously adopted by France for the mere purposes of inducing her to cloSe her ports agtinst Great Britain, which 'France 'can not effect herself by force, and she must admit that if Great Britain were now to repeal her Or ders in Council against France, it would be gra tuitously allowing to France the commerce of Anierica and all the benefits derivable from her flag as an additional instrument for the annoy ance of Great Britain, and that at a moment when every State is threatened with destruction or really destroyed for merely supporting their own right to trade with Great Britain. I am commanded, Sir, to express, on the part of his - Royal Highness the Prince Regent, that while his Royal Highness entertains the most sin cere desire to conciliate AmeriCa, he yet can never concede that the blockade of May 1806 could justly be made the foundation, as it avowedly has been, for thßD•wrees of Buoneparte 5 and farther that the British Government must ever consider the 'principles on which that blockdde rested (ac companied as it •was, by an adequate blockading force) to have been strictly consonant to the es tablished law of nations, and a legitimate instance of theractice which it recognises. Secondly, That Great Britain must continue to reject the other spurious doctrines promulgated by France in the Duke of -Bassin - 10's iteport, as binding upon all nations. She cannot admit, as a true declaration of public law, that free ships make free goods, nor the converse of that pro position, that enemy's ships destroy the character of neutral property in-the cargo--she cannot con sent •by the adoption of such a principle to deliver absolutely the commerce of France from the pres sure of the naval power of Great Britain, and by . - the abuse of the neutral flag to allow her enemy to obtain, without the expense of sustaining a navy', for the trade and property. of French •snh jects a degree of freedom age security which - even the'commerce of her own. subjects cannot find under the protection of the British.navy. She cannot admit as a prinejpie of public law, that a maritime blockade can alone be legally ap • plied to fortresseS actually invested by land , as well as by sea, which is the plain meaning or con sequence of the Duke of BaSSO-I,lO'S definition. She cannot admit as a Principle of public 'law, that arms and military stores are alone contra= band of war, and that shin timber and naval stores are excluded from that description. Neither can she admit without retaliation that the mere fact of commercial intercourse with British ports and sub jects should be made a crime in all nations i and that the Armies and DecreeS of France should he directed to enforce. a principle so new and un heard of in war. Great Britain feels that to relinquish, her just measures of self-defetce and'retaliation, would be to surrender the best means of her own preserva tion and rights, and with them the rights of other nations, so long asTranee maintains and acts upon such principles. I am commanded ti) represent to the Govern ment of America, that'Great Britain feelS herself entitled to erect from them an unreserved and candid disclaimer of the .rights. of .France to im-. pose on her and on the world the maritime Code . . which ?;,as been thus promulgated, .and to the pe 7 of which America is herself declared, to be liable if she fails to sub . mit herself to its exac tions : America cannot . , for her own character, any longer temporise on this subject, or delay coming to a distinct eiplanation with Yrance as well as with. Great Britain, if she wishes , to clear, herself from the imputation oi being an abettor of such injustice. _ , America, as the case now stands ~.has not a re . tence for claiming kqin Great Britain a repeal of her Orders in Council. She must 'recollect that . _ _ the British Government never for a moment coun- tenaneed the idea that the repeal of those Orders could depend upon any partial or additional repeal of the Decrees of France. What she always avowed was, her readiness ta rescind her th.::ders - - in Council, as soon as France rescinded absolutely and unconditionally her Decrees. She, could not entsr, into any, other eugagenicnt without the injustice to her allies as E eil as the PCII - nations in general, Much less could she do so, if any Spec,ial. exception was to be granted by Frieenpon conditioir utterly subversive Of the irliportant and hidisputable maritiine rights of the ,British - Empire. , - America has.now,a proceeding forced upon her by-t7riiUcc, on which, witl.:out surrendering Aliy' of principles which she may deem it nerds.: - sary for her Own honour and security to maintain, she may separate herself fret 7 . 1 the o violence and in justice of the energy. She we 3 not only to her self W 'do so ; but she is entitled to resent that -course of conduct on th e p ar t o f France, which is the only impediment to her obtaining what "she desires at the hamls of Great Britain, namely, the repeal of the Orders in Council. • I am authorized to renew to the American Go vernment the assurance of his .oval Highness's anxious desire to meet the wishes Of AmeriCa on this point, whenever the conduct of the enemy will kiatify'him in so doing. Whilst America can nersuade her3df, however erroneously, that the Berlin and Milan Decrees had been actually and totally repealed aad that the 'execution of the engagement made on that condition by the British ,G4vernrnent had been de dined, she might - tit:Tin' it justifiable, as a conse gnence of such a persuasion; to treat the interest and commerce of 'France with preference a'nd' friendship, and those of Great Britain with hosti-, lity; but this delusion . is at end ; America now finds the French Decrees not only in full force, but pointed with augmented hostility against • Great Britain. . Will the Government of the United States declare, that the measure now take by France is that repeal of the obnoxious Decrees, which America expected would lead to the repeal of the British Orders in Council ? Will the American Government, unless upOn the principle of denying. our retniiatory right of ,blfiekade, -oder arty imaginable enzumstances de clare, that--tbere is at this moment, a . ,grouN up on which the repeal of our Orders, in conn-cil can be pressed upon us; or, that the 'repeal should.._ . now be warranted upon any other ground than au express abdication of the right. itself, which America well knows, whatever may be oar desire .to conciliate, is a concession which the British Government ,cannot and will, not make. If this be true, for what purpose can she perse- 1 vcre in her hostile attitude towards Great Britain, and her friendly one t o wa r d s F rance ? D o t h e American Government Teally wish to aid France in her attempt to subjugate Great Bvitain ? Does. America expect that. Great Britain, contending against France, will, at the instance of America, disarm herself, and submit to the • mercy of the opponent ? If both these questions. are answer-.. edn the negative, upon what ground can she for a moment longer continue the hostile measures against us ? The American Non-Intercourse Act was framed upon the express principle of conti nuing in force against the Po-a-er, whether France or Great Britain, that should refuse to repeal its respective laws, of Which America thought her self entitled to complain ;_ but the repeal contera . plated by that act wa s a bona fide repeal, and not a repeal upon au inadmissible condition an! America can never be justified in continuing t, reSentagainst, us that failure of relief, which :4 alone attributed to • the insidious : policy of the cnemy,'that has, for the purpose of embarrassing . the discussions, interwoven the .. question of the Decrees, with thc exaction of. a relinquishment of almost the whole 'systein of ctur•Maritiine It is not for the British Governirrentto. dictate to that of America what ought to be the "measure of her just indignation against the Ruler of France, forliaving originated and persevered in a system of lawless violence, to the subversion of neutral rights, which being necessarily retaliated by Great Britain, has exposed America, with other neu tral StateS, to losses which the British Govern ment has never ceased most sincerely to deplbrea Auierica must judge for herself, how much the original injostice. of France tocia. - ..rds her has been aggravated: by the fraudulent professions of relin- . qutshing her Decrees, by th e step adopted to mislead America, in order to embark her in niea snres which, we trust, akie hexer vra , uldha7c taken if she could have foreseen what has now happen ed a and ultimately,' by threatening America with Iter'vengeance as a denationalised State,- if she does not submit to be: the instrument of her designs • against Great Britain. ' These are considerations *for Am'eric'a to weigh ; but what we are entitled to claim at her hands as an act, not less of policy than justice, is that she should cease to treat Great Britain as an ene my. The Prince Regent_ does not desire retro specting, when . the interests of two countries •so naturally 'connected by ininnerable ties are con cerned. It is more consonant to_ his Royal High ness's sentiments to contribute to the restoration of har ninny and friendly intercourse, than to in quire why it has been interrupted. Feeling that nothing has been' omitted on his part to relieve America from the inconveniences to which a novel system of warfare on the part of France unfortu nately continues to expose her ; and that the pre sent unfriendly relations, which to their inc: that prejudice -snbsist between the. two countries, have grown out .of a misconception the part of America both of the conduct and purpose of France : his Royal Highness considers himself entitled to call upon America to resume her rela-' tions of amity With Great Britain., 111.4r - sing so .she will best provide for the interest of her own people ; and 1 am authorised to assure the Ame rican Goyernment, that although his Royal High ness, acting in the name and on ,the behalf of his 111ajesty, can never suffer the fundamental maxims of the British Monarchy, in matters of mal'itime right, as consonant to the recognized law-of na tions, to be prejudiced in his haas, his Royal Highness will be ready at all Imes to concert with America, as to their exercise; and so as to regu late their application, and to combine, as far as maY be, the interests of America with the .objects ,of effectually retaliating upon France the measures of her own injustice. I will now terminate this letter by assuring you, Sir, as I can with perfect truth-, that the most cordial and sincere desire animates the Conn- eils of Great Britain to conciliate America, as far as , may be consistent 17ith the - principles of on. which the preservation of the power and inde pencletice of the British itlcnarchy, is held essen tially to depend, and which cannot be abandoned without throwing her helpless and disarmed - into the presence of her adversail. I h^ re the honour to be, (Slped) At:G. J. F;;57`2.11. James Munroe, Secretary of -State. [Here follows a translation of tiv: Tteort of the 2ilinister of Foreign Relations to the Con servative Senate, in the sittinff of the 10th of March, 181a.] 1 , 401 , T1t0Z TO MR. FOSTER 1 1 .,,:partment of State, Jun 33; 1131 Q. the letter of May 20til; which I had the honour to receive from you of the Ist instant, I perceive a difference in a particular passage 6f it from a passage an the slme subject, in tEe dis patch from Lord Castlereagh to you, whicl: yot were so good as to communicate to me entire, as appi2lirs from the tenor bf the letter to have been intended by your Government. The passage in your letter to which I allude is as follows : " AMerica, as the case now stands, has not a pretence for claiming- from Great Britain a re peal of her Orders in Council. She must recollect that the British Government Sever for a moment coun tenanced the idea that the repeal of thOse Orders could depend.tipon any partial-or co.ialitional re peal of the Decrees of France. Wilat she als.,,ays avowed Was her readiness to rescind her Orders in Council as icon as France rescinded abso lutely and, unconditionally her Decrees. She could not enter into any other engagement without the grossest injustice to her allies as well as neutral nations in general much less coz.ld she do so if any special exception W:t.3 to be granted by France upon -conditions utterly subversive to the most important and indisputable maritime rights of the: British empire." According to the tenor of the ditinatch of Lord Castiereag-h to you, my recolicc-Con is, that ia stating the condition on which the Orders in Council were to be repealed, in relation to the United States, it vas f:pecified, that the Decrees 141 . ..Ferlin<lad 114.1ilan must be repealed singly and speLdly in rrin.tiOn to the United States, but repetled, also as to all cth.er neutral nations, and that in no extent. of a, repeal of the Decrees, had Government ewr.pLetlztd'itself . to repeal tue Orders in Council. However susceptible the passage in your letter may be of a construction re6oneilable with the import of the dispach from Lord Castlereagh, yet ' as at similar phraseology of our Government on other occasions has had corstrriction less exten sive, and as it is inmortant, in every respect, that there should be no miSunderstandinfk, or possi bility of error, you will excuse me for re.questiug that you' will hava..th.e goodness to infform me whether, in any circumstane, my recollection the import of this passage in Lord- Castlereagh's '- dispatch is inaccurate. • 1 have the honour to . be, &c. - (Sighed) JAXES -IqONBO2. Arg. J. Foster, &c. Sze. MR.. POSTER-TO MR. MONROE. • . Washington, June 3, 1819, Si -of tr. ,e 1 ~tclll the "sui rhea. •i n 3 01 . •Yt : •._ Castlereagh to d„t t nad' the honour to com municate to you confidentially, and I beg leave to state to you, that while I conceive it to be very difficult to give an explanation upon a single.point in a note of considerable length, without . referring to the whole context, and also believe it be alto gether irregular to enter into a di.:cussion respect ing a communication so entirely informal, yet I have. no hesitation in assuring you: . that my note ofMay'3o, contains th e whole substance of the. dispatch alludel to. in the correspondence that will probably tt,ke place between us inl . co ;sequence of the new ground upon which the Duke of IIaSSP.DO'S Report has placed the question at issue between onr two countries, I shall be eaiely happy to •elite: at Eta length upon any topic which you may wisl, part;enhrly to di cuss. - A have zbe holiour•tn - b&., with th.?.jligbest con si.t.ltration and respect, Tour most uhedient humble ser7ant, To the ;lion. J. Mono, FAC.. - ..I.t.J J. OS'22R. XR. XONROZ TO• MR. fpsTru. Deptia•.:m.eat of State, ;Tenn 4 ,.1812. blve bad the.lionow: to .recilve ymir letter of yesterday, in reply ,to mine of the same date. . . M the dispatch of Lord Castlereagh was com municated by you to me, in .nry - character, to be shewn to the Th:csident, and was she‘vr: to him • aCcordingly, and as .the dispatch itself - et pressly authorised such a coininuni3•ation to this Government, I cannot conceive in what Sell: e such a,proceediag could be conf,idei'ed conladc:itis - A, or lion; it could be understood that the Executive was to receive one communication for itself, and transmit to Congress another, liable, in the opinion oftheE e cuti ve ,to a different or doubtful construe bon: -I cannot but persilatte myself, Sir, that on a reconsideration of the subject you will perceive that there can be no impropriety in a compl t iant-t..• with the request contained in my letter of yeSterihAy. Should ibe mistaken-In this expectation,l Hatter -1" myself that you will see the propriety of fr ee i ng your own communicati on from ambignitv and lia bility, to misconstruction. With a yiew to ibis," Ferthit me to inq - uire wh,:ther the passage in yoUr' -letter, stating the condition. on which your (lo- Ternment always avowed its' readiness to rescind the Orders in Couucil : namely, as soon as .I';' - iarice rescinded, abc. , lutc..ly and unconditio7aally, her De crees, includes in its meaning, that the Dem?; must be rescinded, in relatioa to other neutral nations, as •well as.to the Unitcd States, previous to a repeal of the Ordus in Council in releaion to the liziited States. I have the honour to be, E: JAMES MONito2. Aug. J. Poster, F f ig. &e. Yesterday a C'Jart of Directors- was held at the East India libuse, when Lieut.-Gen. H:31.01' vv,!•is' introduced and smiorn• in as Commander of the Companys .Forces, and ;Member of Council at Bombay. The General afterwards dined with the Dire .! - tors, at the City of Luncioa Tavein.