Virginia Argus — Richmond, Va., 1810-12-18 00:00:00, page 6

notification of a blockade, in thp
j mr 1806, tts a precise and authen
tic record of the light in which such
'blockades and the notification of
them were viewed by the United
-States. Copies of the’ answer have
been heretofore forwarded, and a
’’nother is now enclosed, as an addi
tional precaution against miscarri
age. ' •/
Whatever may be the answer to
the representation and requisition
Which you §re instructed to make,
you will transmit it without delay
to this department. "Should it be oT
a satisfactory nature, you will has
ten to forward it also tt> the diplo
matic functionary of the United
States at Faris, who will be instruc
ted to make a proper use'of it, for
obtaining a repeal of the French de
cree of Berlin, and to proceed, con
currently with you, in bringing a
bout successive removals by the
two governments of all their preda
tory edites. I avail myself of this
occasion to state to you, that it is
deemed of great importance, tl»at
our ministers at foreign courts, and
especially at Faris and London,
should be kept, the one by the other,
informed of the state of our aftairs
at euch.
1 have the honor to be,
(Signed) P. SMITH.
Wm. Pinkney, Esq. &c. &c* Ike.
Department of State, July 5,1810.
(fill)
Your last communications hav
• ing afforded so little ground for ex
pecting that the British government
will have yielded to the call on it to
originate the annulment of the bel
ligerent edicts against our lawful
commerce, by cancelling the spuri
ous blockade of May, 1806, (the
first in the seriesit became a duty,
particularly incumbent upon us, to
press the other experiment, held
otat on the late act of Congress, a
m>0>tr copy of wlneh is herewith
sent. You will accordingly make
t!httt act, and the disposition of the
President to give it effl ct, the sub
ject of a formal communication.
The British government ought
not to be insensible of the tendency
of superadding to a refusal of the
course, proposed by France, lor
mutually abolishing the predatory
edicts, a refusal of the invitation,
held out by Congress, aud it ought
to ftnU, in tnat consideration, a suf
ficient inducement to a prompt and
cordial concurrence. The British
government must be conscious, al
so, of its having repeatedly stated,
that the acquiescence, by the Unite d
States, in the decrees of France,
was* the only justification of its or
ders against our neutral commerce.
The sincerity and consistency of G.
Britain being now brought to the
test, an opportunity is afforded to
evince the existence of both. It
may be added, that the form, in
which it is prescribed, is as conci
particularly ctnarked, that a power,
to proclaim rcdi ral blockades r<r ativ
blockade not formed by the real p t
St nee of a sufficient fo ce to be exec;
sed by officer! a distance from ti e
control of thrirg >\ munc, t, ard deep
ly interested in enl rging tht fit Id ol
captures which they *re to sh;re, of
fers a teinpra ion that must -fen »g.
grxa.e the tv.L lucid nt to the print
ciple itself. You wi'l infer, sir, from
these ob* rv:i.;0r *>f the serious lig t in
which th President regards the pro
ceeding, which is ihe subject of them,
a <1 will perceive th*.* ground® <*n
Which 'he injuries accruing front* it to
our commerce will constitute just
chirms of indemnification from the
Afritish government. To diminish the
extent of these injuries, as much as
possible, and to guard th-- good um'tr
starding and friendly r latioii* of t ve
ry sort, which are so desirable to both
nations, agiinst the tendency of such
measures, will, I venture to assure
tnys'if, be huffitient motives with you
to eitiploV the interpositions with
commodore Mood, which yt.u may
judge best ad«| t< d to the nature of ih«
case.
1 have the honor to be, fee. &c.
(Sigi-edj
JAMKS MADISON.
? Jwsrd Thornton, K«g. Ike. &tc.
liatory, as the proposal itself istin- t
exceptionable. *
As the act of Congress, repealing *
the late restrictions on the com- ,
merce of the United States with the
two belligerents, must be unequal
in its operation, in case G. Britain
should continue to interrupt it with
Frahce, inasmuch as France is una
ble to interrupt it materially with
her, the British government may
feel a temptation to decline te course
which might put an end to this ad
vantage. But if the umvorthiness
and unfriendliness of such a purpose
should not divert her Irom it, she
ought not to overlook either the op
portunity afforded her enemy of re.
torting the inequality, by a previous
compliance'with the act of Congress,
or the necessity to which the United
States may be driven, by such an
abuse of their amicable ‘advances,
to resuVne, under new impressions,
the subject of their foreign relati
ons.
If the British government should
be disposed to ujeet, in a favorable
manner, the arrangement tendered,
and should ask lor explanations, as
to the extent of the repeal of the
French decrees which will be requir
ed, your answer will be as obvious
'as it must be satisfactory. The
repeal must embrace every part of
the French decrees, winch violate
the neutral rights guaranteed to us
by the law of nations. Whatever
part of the decrees may not haVe
fUlti no uia nn »»
neutral nation, to Uemand a recal of
them, G. Britain can haVe no pre
text, as a belligerent nation, to urge
the demand. If there be parts of
the decrees liable to objecticrns oi' a
nother kind, it lies with the United
Slates alone fo decide on the mode
of proceeding with respect to them.
In explaining the ext nt of the
repeal, which, on the British side, is
required, you will be guid«. d by the
same principle. You will, accol>
dingly, let it be distinctly under,
stood, that it must necessarily in
clude an annulment of the blockade
of May, 180G; which has been a
vowed to be comprehended in, and
identified with, the orders incouru
r.il, and which is palpably at Vari
ance with the law of nations. This
is the explanation which will be gi.
ven to the French government, on
this point, by our minister at Paris,
in case it should there be required.
But there are plain and powerful
reasons, why the British government
ought to revoke every other block
ade resting on proclamations or
diplomatic notifications, and not on
tlie actual application of a naval
force, adequate to a real blockade.
r. This comprehens Ve redress is
equally due from the british govern
ment to its professed respect lor the
laws of nations, and .o the just claims
of a friendly power.
2. Without this enlightened pre
lauiiuu, is j ruMduiCjauu j»»y inacea
be intern'd In m the letter of the duke
ot Cadme to Gen. Armstrong, that
thr Fr« iuh government will dra\jr G.
Britain and the United States to issue,
on the legality of such bl tkades, by
acceding o the act of C<. rg ess, with
a condition, that a repeal of the block
ades shall accompany a repeal of the
orders in council, alleging, tha' the or
d< r» and blockades, differing little, if
at all, othi rwisc than in name,a repe d
of the lormer, leaving in operation the
latter, would be a mere illusion.
3. .If it were even to happen, that
a mutual repeal of the orders and de
crees could be brought about, without
involving the subjtct ot blockades, and
wit’ a continuance of the fcloucadcs in
operation,Vow could the United S ates
be expected to forbear an immediate
call for their annulment, or how long
would it probably be bef< re an app» al
by Fiance to the neutral law ot impar
tiality would bring up the same ques
tion between ihe Unit'd States and
Great Brit in; and from whatever
< ir< uinstances thr Issue on it may arise,
the jmpos"ibiri:y of iv,h ntaming the
British side, wi h even a color ot right
or consistency, may be s en in the
view, t ken ot u e subjrrt, in thr ct r
re»p< ndti.ee with All. Thornton anti
Mr, iVitrry, al.t-ady in your hands.
It the Bri’idi government should
acced to tne ovt rtu e contained in the
art oi Congress, by rep^sling or so mo*
dilying i.s edicts, as they will esase
o violate our neutral right** yoh will
raosmit the'repeal, properly authentt
tated, to G neral Armstrong, and, if'
iCccssary, by a special ’messenger*
ind'ynu will hasted to transnfit'ilaUo
:o this department.
With great respect, fee.
[Signed) .
/R. SMITH*
Wm. Pinkney, Eiiq. &c.
Department of State, July 17, t h
Sm,
You will herewith receive dupli
cates of mv letters to you, of the 13th,
16th and 30th June and 3d and 5th of
Julv.
This despatch you will receive from
Lieut. Spence, of the navy, who is to
proceed from New Y*rk in the sloop
of war the Honet, This publicvessel
has been oTdered to England and tt>
France, not only foh the purpose of
transmitting dispatches to "you and to
our functionary at Paris, "but for the
further purpose of affording you, as
well as him, a safe opportunity df con
veying to this department, before the
next m eting of Congress, full infor
mation of the ultimate policy, in rela
tion to the United States, of the gov
ernment 'of England and France.—
And with a View to ensure her return
to the United State's in due season,
her commanding officer has received
orderB toot to remain in -any port of
Europe after the-first day of October
next. V\ ith respect, therefore, to the
time ydti will detain Mr* Spence in
London, ydu% 11 be inflaeficed by the
information Which you <nay receive
from him, ks to the orders he may
have from the cornmandinir officer of
the Hornet.
I hare the “honor to be, Set*
. R. SMITH*
Wmi Pinkney, Esq.
Department of State, Oct* Id, 16l0.
SiRy
Your despatch of the 24th of Au
gust, enclosing a newspaper statement
of h letter from the duke de Cat!ore,'
to General Armstong, notifying a re
vocation of the Berlin and Milan de
crees, has been received. It ought
hot to be doubtpd that this step of the
French government will be followed
by a repeal on the part of the British
government of its orders in council.
And if a tertnination of the crisis be
tween Great Britain and the United
States be Veally intended, the repeal
ought to include the system of paper
blockades, which differ in name only
from the retaliatory system comprised
in the orders in council. From the
complexion of the British prints, not
to mention other considerations, the
paper blockades may however not be
abandoned. There ia hence a pros
pect that the United States may be
brought to issue with Great Britain,
on the legality of such blockades. In
such case, aa it cannot be expected
thnt the U. States, founded as they
are in law and in right, can acquiesce
in the validity of the British practice,
it lies with the Bri ish government to
remove the difficulty. In addition to
the considerations heretofore stated to
you in former letters, you may bring
to the view of the British government
the retro-pfetive operation of t.ioae
diplomatic not fkations of blockades,
which consider a notice to the minister
as a notice to his government, and to
the merchants, who are at a distance
of three thousand miles. It will recar
to your recollection, that the present
ministry, in the debates of parliamect,
in opposition to the authors of the or
ders of January, 1807, denied that
thev were warranted by the laws of
naii< ns. The analogy between these
orders and the blockade of May, 1806,
insofar as bo h relate to a trade be
tween enemy porta, fur. ishes an appeal
the consistency o? those now in of
fice, and an answer to attempts by them
to vindicate the legality of chat block
ade. It is remarkable al»o, that this
blockade is founded on ** the new and
extraordinary means resorted to by
the enemy, for the purpose of dismis
sing the commerce of Briish subjects.”
What are those means ? In what res
pect do they violate our neutral rights?
Are they still in operation l It is be
lieved that true answers to these ques
tions will enforce the obligation of
yielding to our demands on this sub
ject. You may also refer the British
government to the characteristic defi
nition of a blockaded port, as set forth
in tf eir treaty wi;h Russia,* of JTne,
• The following is the article of ths Rus
sian treaty alludrd tor bid. Nat. Int
“4. That in order to determine what
characterises a blockaded port, that d«
nomir utirn Is given only to that where there
is, by the disposition of the ptWcr which
attacks »t with ships stationary, or stilflc.
ently r ear, so evidf nt danger in entering.”
I$01, the preamble of which dclares ti
that one *vf its objects was to settle J
l* »n invariable ■detenrina'ion of their e
principles upon the rights of nc'utrali* t1
t}.” , *. .. . *
Should the British government un- t
expectedly resort to the pretext of an a
acquiescence On the part ot the United i
State** in their practice. It may be re- <
'marked, that prior tor* as well as during \
the present administration, this gov- {
eminent "has invariably protested a- «
gainst such pretensions4 aod in addi- I
tiou to other instances heretofore com. t
municaied to you, I herewith transmit '
to yoti an extract oi 9 letter f to the <
department of statu, of July 15, 1799, |
f om Mr King, our n iuistei at London,
and also such part nf Mr. Marshall*® 1
letter $ to him, of the 20th September, 1
1800, as relates to the subject of Clock- 1
ades. And it may* r,oreoVer, be '
urged that the principle, now couiend- 1
ed for by the UnitedStards, was maih* «
tained against others, as well pi Great 1
Britain, as appears from the accompa- 1
nying copv of the letter $ .0 our mi- i
uister at Madrid, in the year 1501.
To this principle the Udit^d States '
also adhered, when a belligerent, ps in 1
the case of the blockade of Tripoli, as
v. ill be seen by the annexed letter **
from the navy depertuient. Yoa will 1
press on the justice, friendship and 1
policy of Great Britain, such a course i
of proceeding as Will obviate the di
lemma resulting to the United State*, '
from a refusal to pu* an end t6 tfee ;
paper blockades as well ?.s the orders 1
in council.
The necessity of revoking the block
ade of Copenhagen, ps notified tt> you
in May'* 1808, will not escape your at^
♦ •ntinrv 11 a.m
harries uk with Denmark, if not with
France*
Yom answer as to the Corfu blockade
Vs approveu ; anti shot.Id the answer ?o
it render a r ply necessi ty., the Presi-i
dent directs you to remonstrate against
such a blockade, availing ) ourself, as ’
far as they may be applicable, of the
ideas in 'he letter to M*. Ghanes Pink*
ney, of October, 1801, and particular- '
ly of the proof it affords ol our early re |
monstrances against the principle of ;
such blockades.
No communication having yet been
made by Gen. Armstroi g, of a letter
to him from the Duke of Cadore, de
claring that the Berlin and Milan de- .
crees will cease to be in force from the .
first day of November next. I can at
this time only inform you, that it the
proceedings of ihe French govern.sent, ,
when officially received, should cor
respond wun the printed letter of tne
Dukt of Cadore, enclosed inyourdes- 1
patch, you will let the British govern
ment understand that on the first day of
November, the President will issue Ids
proclamation conformably to the act of
Congress, and that the non-intercourse
law will consequently be revived a
gainst G. li. And if the B, id. h go- 1
verumeot should not, wi h ti e early
notice rece’vcd of the iepe,l of the
French decrees, have rev ked «11 its
oiders which violate our neutral rights,
it ehoulci not be overlooked (hat Con
gress at their approaching session max
be induced not tu wait for the.expira
tion of the three mouths (which w^re
allowed on the supposition that the fit st
notice might pass through the United
States) before they give r fleet to the
renewal of the non-intercourse. This
con id. ration ought to have its weight
in dissuading the British government
from the policy, in ev ry respect mis
judged, of procrastinating the repeal
of its illegal edicts.
If the British gonvernment be sin
cerely disposed to come to a good un
derstanding, and to cultivate a friend
ly intercourse with tftc United Slates,
it cannot but be sensible of tbe neces
sity, in addition to a compliance with
the act of Congress of including, iit
this time, a general arrangement of
the topics between the two countries ;
and above all, such an one, as will, up
on equitable terms, effectually put a
strp to the insufferable vexations to’
which oar seamen have been and yet
are exposed from the British practice
of impressment; a practice which has
so strong a bearing on our neutrality,
and to which no tmtion can submit
consistently with its u>dependency. To
this very inteiesting subject you will
therefore recal the attention of the
British government, and )Ou wili ac
cordingly consider yourself hr reby au
thorised to discuss ar:d adjust the same
separately, conformably to ths instruc
f See extract subjoined, of the letter re
fet red to, from Mr. King, and an extract
from ihs correspondence alluded to by
hm.
$ Snbjoioed.
^Subjoined,
••Subjoined
otis in my let'er to you of the 20th
anuary last, on the condition, how
ver, contained in that letter, namely,
idtthe nqu’site atonement shall have
een previously made, in the case of
lie outrage on the Chesapeake. But
s in this c?se every admissible ad
«nce has bten exhaus:ed on thy part
if the United Stales, it will be impro
>er to renew, the subject to the British
government, with which it must lie to
:ome fbrward with the requisite satis
action to the United States. You
viil therefore merely evince a dtspoai
ion to meet in a conciliatory form any
>vert *r a that* m*y he made on the
>ar of the British government.
The British government, having so
ong omitted to fulfil the just expects*
ions of the United States, in relation
o a successor to Mr. Jackson, not
withstanding »ht reiterated assurance#
:o you of such au intention, has no
.laims to further indulge nee. On the
eceipt of thi., letter, therefore, should
he appointment of a plenipcten ti
ny successor not have been made
Uid coh.niunicaud to you, you will
,ei your purpose be knowu of re
turning to the United States, unless
indeed, the British govermnent should
tuve unequivocally iiamfebted a di*«
loaition to revoke their orders in
:oui.cil, conformably to «he att ot con
jtcs . of May la*t, and our affairs with
h^m should have according / takn*
so Irv -raDle a turn a« to justify, in
iour judgment, a further .uspeusioa
I have the honor to be, &c«
k. SMITH*
IVm. Pitkcey* Esq. &c. &r..
(To b* C ti ued.)
B O O K %
yust Rereived arid Jar Sale at S*
Pleasants* Biok Store and
Printi ig rJfJn e.
ISe American M- -v Duspenuatory
I>e Edinburgh U p -M'tory
l.emprtare’s C1i»b c i Dictionary
kyei’s Frer.cn do
Mngenta do tin
Gh*nnb.in\’s no do
Pleasures of Pa ns ant] -le'WrtJr
rhaddeo* of Waltar*. ’-y M.ss Porte® ~
Roaseau’s El -ira
Roseeau’s bed I Con. pact
M s* Edgeworth’s Push :ot‘-'Hie TViea
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l'he Deni in Lnve< a Rcrn-ncc. translated
from the French
rbe Borough, a potto, bt v ■? R>v, Georg®
Crabbe
Rrn* ke’s Fool of Quality, or the History of
Henry E trl of Moreland
rbe Rival Princes, nr a sehxtlod cf iacta,
fi.c. restive to the charge? agan tie
E(uke of Yotk, by Alary Ann C 'ike
Flu* Military I< gtructor ; or a ne* «ys*
tr ni of European r xereioe and Dr-I‘
Willian. r-ll, or Swita«r' nd D^livetedi
Galicott s Musical Grammar
\ general View of tne M. oue's, Cu*ty ip
and Curiosities of nations, with $4 » pa
and .engravings; cy the Rev. J. Gold*
smith
Christian Schulta’ Frav Is, tntough seve
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lbv7 ann 1803
Rrv'trt Kir Po-ter’s I’r vels in Russia Mid'
Sweden in the years lbt/5 6-7.8*
Gibson’s Surveying
Lt U'-iit u’s Gieek Testemenc
Pt rguson’s Lectures
Goldsmith's Naiurai Hv-tory
Guiciiiuson’ Zei.oph. n
Washington's Letters
Guthrie’s Gsogr pby
C'atey’sGeneral Adas
Wonostrocht's French grammar
Newton’B VVctks, in 11 vois, v 1
dlair's Lectures
W.Ln’s Arithmetic
Goldsmith's Geography
Buchan’s Family Phye cian
Q-s——L a.*..*I- .. _at .r
a v\i ui vii %. »>>io vwj (if a abivLMUii vi u m
nets and Odes
Baxter’s Saints Rett
Darwin’s Botanic Garden
■ .— Temple of nature
Scriptuie Illustrated j or a series of en*’’a« ,
vings taken irom the Old and Mew fc«*
• aments gel
Brtvitt’s Female Medical Repository flk
The Novelist, No. 4 ^Bj
A treatise on the D seases and manager Vj
ment 01 Sheep, by George Stewart M'«
Kcnzie H
A uew and enlarged edition of Walker's j
Dictionary abridged 9
A general assortment of Latin School books )
At rebi’s Travels in Sweden, Finland and
Lapland, 2 vola. with engravings J
Also for safe as above al
Hume and SrooUet’s Hi«to;y of England p
G bboti’s Decline apd Fall of the Romajp J
Empire
Ferguson's Roman Republic
tiill t’i History of Greece
Robertson's Charles 5th
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Edmund Burk’s Works
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Smith's Wealth of N .tiona
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Russell’s Ancient Europe
do Modern do
St. Pierre’s Stud cs of Nature
Boswell's Life of Johnson
Johnson’s Lives of the Poets
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