Norfolk gazette and publick ledger — Norfolk [Va.], 1810-06-18 00:00:00, page 2

ir~i1pT*—*. friint whirls the documents
ifhi*d«y‘s pspenwrr extracted. These
bw poblith, rontainthe letters and com
t pf Sir. Armstrong, respecting our rel*
tionaywitb France, ned those of the natrons in alii*
•woe ^M^FVnnr*. The documents which relate to
Ortit Britairr; *s Je»» Interesting, nor relations with
tha^Oentyy, having been before understood, are
postponed for our nr xt. We shell not at thie time
■ make any comment an these despatches, as well on
account of our want of room a.from a desire to lay
these highly interesting documents before oar rea
^pd*t*«s early as possible. •. ^
• Tll'EatR*.—The powers of Master Payne in the
character of Fredertfk, in L<ntrt’ Pou t, were Jis
flayed on Saturday even,ins with gica* effect. Ne
' ver «*at a more chaste performance exhibited on
He1 performs this evening in the chararler of
■f/awfr/, from which we antiripsre increased satis
faction, wifi he given. The charaetm of the pL>
are cast in such manner as to promise a display «f
the talents of the Company to 'the best advantage.
DlEt»-*Ort Saturday Mus. Thomson, wife of
jlir.fnOinm Thomson, Deputy CoTlertor,
By Cn(tt. Pratt, from Luhnn, arrived ii Boston,
*e were favored with papers (says the P ilh.dniin)
to the { 4th of April. They mention, that the Spa
ni trds bad defeated, near Valenti.!, the French armv
under Bechet, aptl compelled t!re remains to retreat
to Arragon—That a body of Patriots had entered
Aranjtrei, and made many French prisoners—That
the defenders of the rountry were drawing tuwaids
Cadiz, nnd had already opened a communication try
land, the French having retired from some of thetr
position*—Anti that the Patriots were never inbel
', ter spirit*, nr more enthusiastic ia their opposition
■W to thirtr ftrtidvrs.
.The John Adams arrived.—We are at length ena
bled tp titvnonnea with certainly the arriv/d of the
John Adams, at Annapolis, after a long and boiste
rous passage. She left Havre tire 2J>th rrf April,
■ nd met with almost a constant succession of wes
terly winds during the voyage^
Captain Fenwick, the bearer of despatches from
France, arrived in this city last evening. The con
tents of the despatches have not trunspired.
,\Ve leafn from Captain Fcnwirk, thnt General
Armstrong; nor minister in France, had proposed
returning to the United States in the John Adams,
but bad found her accommodations inconvenient for
his family. It was understood that he had taken
bis passage in a.vessel to suil from Bourdeanx, and
indeed that part of his baggage had been already
forwarded to that plnre.
Capt. Ft nvefek’ brings no continental news of im
portance, which has not been anticipated hv other
•rhiyalj. Nat. Intel.
Tran the National Intelhi'er.ter Lxtro. oj Thors
>■* day. last.*
of a letter from Gen;‘Armstrong to the Duke
of Cadore, dated ParisClst Feh. ISlu.
e minister plenipotentiary of the United States
has the honour to submit to bis excellency the Duke
of Csdore the copy of a letter this instant received
frnnf Bayonne and begs from him an explanation of/
the piliURisUoees mentioned in it.
“ The ministerial despatch under dale of the 5th
i*«t. ia arrived at St. Sebastians, hearing an order
for the immediate transportation, in small vessels,
.ef all th* sequestered American cargoes, to B >yonne,
to be placed in tbe Custom boo** there. This news
j* publick at gif. Sebastians ; but what is not so as
yet, U, that the same order says,
tot. That these cargoes -ire to be sent to Bay
%whetfier the commodities of which they are
cnaDpotfsd may have come from Knglish commerce
oCfiwp tbe produce of the soil of the United States.
" Swdly. Tbat they should be sent to the Custom
bouse of that place to be sold there.”
^Flre minister plenipotentiary offers to his excel
lency the assurances of his high consideration.
{Signed* ~ JOHN ARMSTRONG,
General Armstrong to Mi. Smith,
I “f Paris, 18th Feb. 1810.
- wrote a few lines In you yesterday an
nnonring the receipt and transmission of a ropy .1
tJi« Duse, of Cadore’s note to me of the 14th inst.
y^Afiet much serious n;fl«o-ln>n I have (.nought It
VM to forbear oil aotire at present nf the errors, a;
Wll of facta* of argument, which may he found in
tha introductory part of that not* ; to lake the mi
nister «t his word; to enter .it ouc# upon the pio
poaed negotiation, and, for this purpose, to olier to
him 4 project for renewing the convention of 1800.
This mode will have the advantage of Irving the
sincerity «Mh<* overtures made by him, and per
fcaps of drawing from him the pierise terms on
'<pbic| bis master will accommodate. If these be
aprb as wrought to accept, we shall have a treaty,
in which niith.r our rights nor our wrongs will be
forgotten ; if otherwise, there will be*«novgh, both
«Bjf time and occasion, to do justice to their policy
Tact of a letter to the same from the same.
Hh March. I bar* at length received a ver
wmgein answer to my note of the 2Dt ult.
'frwiu Vbe'minister of foreign relations, uud
following words : " His majesty has decided
fltt American <*?**((erfjf seised ia Strain, hut
SW»y arising therefrom ahall remain in deput.”
Imige has 'given occasion to a letter from
Pens, lO(/t Harsh, 1310.
iy tii* honour of receiving a
yiHir airtlltia.'y, stuutg, that
jdisl, that the American pro
atp.stf Spain, siouli bn ioU,
„7b, iTneiotT me money Arising irm» me Min
which might be mad* under it, would, irr would not,
he subject to the issue of thr pending negotMiroief
The gentleman charged with the delivery of your,
message not having bmrinsl'ucled to answer tlieef
questions, it Reroutes my duty to present them t'.
your excellency, atui til request a solution of thr.n.
Nur is it less a duly, on my pari, to examine the
ground on which his majesty has bren pleased to
take thisdecision, which I understand to be that»
teprual, suggested tor the first time in the note you
did me the honour to write to me on the 4th ultimo
In the 4th paragraph of this note, it is said, that
“ Hi* majesty could not have calculated on the
measures taken by the United States, who, having
no grounds of complaint against France, have com*
prised her in their acts of exclusion, and since lh«
month of May last have piuhihited the entry in * *
thrir ports of French vessels, by subjecting then: to
confiscation.”
It is irtift that th* United Slates have since tbe
2'Hh of May lust forbidden the eolry of French ves
sels into ifieir harbour;—and it is also true that tbe
P‘ n ilty of Confiscation attaches to the violation ot
this law. But in what respect does this o fiend
trance f Will she refuse to us the right of regolat
iua commerce within our own ports ? Or will she
deny that the iaw io question is h regulation merely
municipal ? Kxirnine it both as to object and means
what does it more than forbid American ships
from going into the ports of France, and French
ships from comint into those of the United Slates ?
And why this prohibition? To avoid njury end in
sult ; to escape that law lessness, which is declared
to in “ a forced consequenre of the derrees of the
British Council, |f then its tilj'rt he purely de
feiis ve, what are its means ? Simply a /era', previ
oualy and geneially promulgated, operating solely
within ti e territory of the United States, and pu
nishing ahl;e the infractors of it, whether citizens
i’f the said status, or others : And what is this but
tnc exercise of a right, common to all nations, ol
excluding at tlii-ir will foreign commerce, and o! en
forcing that exclusion? Can this be deemed a wrong
to Trance? Can this be regarded as a legitimate
cause ot repi isal on the part of a power, who fuakes
it the first duty of nations to defend their sovereign
ty and who even denationalizes the ships of those
who mil not subscribe io the opinion.
But it has been said that the “United States had
nothing to complain of against France.”
Was the capture and condemnation of a ship dri
ven on the shores of Trance by stress ol weather and
the perils of the sea—nothing? Was the seizure and
sequestration of many raigoes brought to France n
ships violating no law and admitted to regular
entry at the imperial custom houses—nothing? Was
the violation of our maritime right, consecrated as
they have been by the solemn forms of a public
treaty —nothing ? Io a woid, was it nothing that
our ships were burnt on the high seas, without other
offence than that of h»longing to the United States;
or other apology, than was to he found in the en
hanced s afety of the perpetrator l Surely if it he the
duty of the Uuilerf States to resent the theoretical
usurpations of the British orders of Nov. 180", it
cannot be less their duty to complain of the dally anJ
practical outrages on the part of France ! It is in
need true that were the |>eople of the United States
destitute of policy, of honour and of energy (as has
been insinuated) they might have adopted a system
o discrimination between the two great bellige
rents ; they might have drawn imaginary lines be
tween the (list and second aggressor; (hey might
have resented in one a conduct to which they lame
ly submitted m the other, and in this way have
patched up a compromise between honour and in
terest, equally weak and disgraceful. Hot such was
not the course they pursued and it is perhaps a ne
cessary consequence of the justice of their measures
that they are at ibis day an independent nation.—
iiut I will not press this part of my subject ; it
would be affiontfiil to your excellency (knowing as
you do, that there are not less than one hundred A
meriran ships within Ins majesty’s possession, or
that of his allies) to multiply proofs that the United
States have grounds of complaint against France.
My attention is necessarily called to another part
of tbe same paiagraph, which immediately follows
the quotation already made. “As soon,” says your
excellency, “ as his majesty was informed of this
measure (the non intercourse law) it became his du
ty to retaliate upon the American vessels, not only
within his own territories, hut also within the coun
tries under his influence. In the ports of Holland,
Spain, Italy and Naples, the American vessels have
been seized, because the Americans had seined
French vessels."
These remaiks divide themselves into the follow.
*ng heuds :
1st. 1 he right of his majesty to seize and con
fiscate Ameiiran vessels, within bis own territories.
2d. The right to do so within the territories ul
his allies ; and
3d. 'S he reason of that right, viz. “ because A
mencans had s>ised French t m4"
Tbe first of these subjects has been already exa
mined ; and the second must be derided like the
first, sin.e his majesty’s rights within the limits of
his ally ranaot be greater than within his own—
If then it has been shewn, that tha non-interrourse
Uw was mrrely defensive in its object; that it was
but intended to guard against that state'of vio
l.iu-e which unhappily prevailed; that it was re
strrcted in its operation to the territory of the United
States, and that it w^dnly promulgated there and
in F.orope before execution. It will he almost tin
necessary to repent, that a law of such description
cannot .mthorise a measure of reprisal, equally sud
den and snent ,u its enactment and application,
founded on no previous wrong, productive of no
previous complaint, and operating beyond the limits
nf his nmjesSy's territories and within those of
sovereigns, who had even invited the commerce of
the United States to their puns.
It is therefore the third subject only, tbe reason
right, which remains to be examined ; and
wit!> regard to it I may observe, that if theuUrdged
fact whirl; forms this reason he unfounded, therea
aon itseir fails and.tfce right with it. ,|n this view
of the business 1 may be permitted toanquire, when
and where any seizure of a French'vessel has t«<
ken place under the non iRterccurte Jaw? u»d at
Hm-express my firm persuasion, that
<jjg ' - - • '*• *'■- i
m]' ■ y'
_ r , * J,n **** tin*
jmuaalsoT the «>w»l»y»4ir.«l>iitl rti«re oo' the pd««
Uyt deirlaruttnB of *ever»l Wlijt.fori»ed: Wnd Ve
tpectuble persons *ho h*\* left Auirti-a as Uteas
ih* 26"ib of December 14t M) conclusion there
•ore is—that no Kfi-ni h vessel having violated tLe
law, no seizure of such vessel has occurred, anu
that the repent which has reaches) Pans is proba
hly found'd on a circumstance ultugetherunronnect
ed with the non intercourse law of its operation.
Though far ironi wishing to prolong this It tier,
I Cannot (lose it without rerJiarki.ng the great ani
sadden shane,r wrought in his majesty's sentimento
with regard to lot- deh-nsive ejstr m adopted hy the
United Slates. 1 fit law, wlilrli it nuw toileted to
t irmsii ground for irprisal, tv.ts first roromunicat
<ot to Jus liiaj sty in June or July last, and certain
ly dot n n>. .thru exrlie any ouspit ion or feeling un
iriendiy to the Am.riran government, Far from
•his, ns ronriintiiiiration tvas immediately I'nllowrd
by ot-riures of act omniodalion, ivliiih, though
produit.ve of no positive a rrangrni' nt, did not make
matter' worse than ibey found ttom.
On the 22 I of August last I was honoured with a
mil exposition of the views ami piineiples whirl
had governed, and which should mnunue to govern
Lis majesty’s o. hry in relation In the UmUd States,
and in thts do not find the slightest ftate of
complaint against the provisions of the law in ques
i ticn.
At a period taler than the 22d of August, an
American ship, destined to a port in Spain, was
captured by a French privateer. An appeal was
inauj tu bis majesty's minister of war, who, hav
ing submitted it e ease, reeeived oreters to liberate
all A meric, n vessels destined tu Spanish parts, which
hud not violated the imperial dienes.
Another American ship, at a point of time still
later than the rapture of the premdioi*, v„s brought
into tile port of Bayonne, hot h::: .g violated no law
ol n. j majesty, was atm.; tint oy his council ot pri
zes ; and lastly—
In the long conversation I bad the honour o!
holding with your excellency on the 25th January,
no tdea of reprisal was maintained by you nor sot
pe tit, u by me ; hut on the contrary, in speaking o
the snzure of American property in Spain, you ex
pressly declared, that it was not a ion Use a! ion.
Can proofs be mure conclusive, that from the
first promulgation ot the law down to the 25th ol
January lest, nothing in tire nature of reprisal was
contemplated by his majesty ?
M hat circumstances may have since occurred to
produvu a change in his opinion, 1 know,not; tut
the confidence 1 feel in toe open and loyal policy
ol Ins majesty, altogether excludes the idea, that
the rule was merely found tor the occasion, and
made to justify s< izmes.
I pray your excellency to accept, &c.
(Signed) JOHN ARMSTRONG.
His excc/toi-y the duke of Cadore,
minuter o/ exterior relations.
Extract of a letter from general Armstrong, to Mi.
8umh, dated Paris, the 4th April, 1810.
Alter seven weeks detention in England, the John
Adams has at length got back to France. Site ar
rived in the roods of Havre oa the 18th ultimo.
1 informed Mr. Champagoy, 1st. that Mr. Pink
ney bad not bern able to send by this conveyance
the result of his application to the British govern
ment concerning the blockades of France prior to
the Berlin decree ; but that he hoped to be able to
send it in a lew days by another conveyance; and
2d. that if he (Mr. Cnampagny) had any thing to
communicate which would nave the effect of chang
ing ttie present relations of .the two countries, and
which be wished to be early known to the govern
ment ol the United States, he would do well to let
me know it within twenty-fours, as the messenger
would leave Paris within that time. To this mes
sage 1 received from him the following answer :
That4* far some days past nothing in the nature of
business and unconnected with the marriage of the
emperour could be transacted; and that for some
days to come the same cause of delay would conti
nue to operate ; that my letters were still beloie the
emperor, and that he would seize the first moment
to get some decisiou in relation to them.’’ Thus
you see every thing rest in air.
Copy of « letter from Mr. Pinkney to Gen. Arm
strong, dated London, 23d March, 1810.
DeaIiSih—Although 1 have detained the cor
vette much longer than 1 wished, I am nut yet able
to 6end you the tesult of my application to this go
vernment concerning the British blockades ol trance
prior to the Beihu decree. 1 expect to receive it in
a few clays, and will immediately forward it to you
by Mr. Lee, by the way of Morl .ix, (nr it seems
that the French government will not permit a mes
senger to land at any other port.
1 have the honour to he, See.
(Signed) W. PINKNEY.
His Excellency Gin. Armstrong.
Extract of h letter fiom gen. Armstrong to Mr.
Smith, dated Paris, 7ih April, 1810.
“The Emperor left Paris two days ago for St.
Cloud, whence he goes to Compeigne, where be will,
remain till E .sur. li is not probable that 1 shall
have an answer to my propositions till he returns to
Parts. The day before he set out he gave roe a
ship to carry myself and family to the U. Slates.
The minister recommended that I should not pin
myself down In a day as to departing as cucuns
itaitces might ms he it proper for rut to stay :u run that
longer than I null) intended. The treaty between
France and Holland was ratified the 30th Mi#ch,
and will! be published this day ia Holland. ] am
assured that it contains the following article :
“ Toutes Its uiarchandises venues sui les basti
mens Americaius enlres dans les ports de la Hol
lande depuis le ler Jauvier, 18^9, seront mis sous 1c
le sequestre et appartriendront a la France pour en
desposer selnn ivs cirromstances *t les relations po
, litiques av ec les Elats Unis.”* You will see by
t^e copy enclosed of a decree of tbe king of Naples,
| that he has put his gains beyond tbe teach of ne
gotiation. The ports of Prosssi* are opened to
our commerce. Avoid both Prussia and Denmark
till you have other assurances.'’
• “ All the merchandise conveyed into the ports
of Holland on board American vessels, since the
first day of January, 1*09, shall be put under se
questration, subject to the disposal noot France, ac
cording to circumstances, and the political relations
with the United States.* ^ ^ ’’
&*<♦***• that whicfc foUoiS^
Art. I * Irrconfortnity to tfc* oritri Wfnrfi vni liave
gi*«afrom Paris the ?I«tnf E>rfretfibeM809; we
4eder* confiscated the A in-rift n vessels whose
Mines ere subjoined; thatis tolfcy: '
The A<;usiu*, Hercules, Zephyr,’Sophia; Romy,
I wo lietseys, Kite, Sakcy fit Hi-isey, Mary, captain
Derby, Syren, Emily, cspt. Vt'otennan, Francis,
lonod, IVare, Virtnry, D>,fd, Urania, Fbrtone,
William, Nancy, Maria, Hamillon.'Phaenijc, Ousi-d||
tonark, Rose and Mary.Ornzimbo, Amherst, Mary
(Ann, Louisiana, and the John.
Art. 2. Surh of the cargoes of the said vessels'as
ha\e not yet hern sold, as well as the ships, are
hereby directed So be disposed of at poblirk Sale*‘fcJ*
the Minister Administrator General of the indirect
duties, and under the inspection of our minister of
finances, or may be otherwise sold, at pKvateWe,
by i he said minister, as he shall judge must rdttdflu
rive to our interests.
Act. 3. The proceeds of these sales shall be depo- '
sited in a particular bank, to be hereafter employed
as we shall Jud^e convenient. * *
Art. 4. If any of the raptors of the aforesaid
vessels have claims upon them which theytnay •
think proper to advance, they are authorised topee-*,'
sent and explain the ir pretensions in relation to the ,
same, and we shall deride thereupon in pursuance of.
the report w hii h we shall cause to be made to us by
our minister of the bounces and the minister of tba
marine and nt war, after haring taken the opip’oa
of a i nrrrmissinn of one of the administrator 'tene- 1
rats of indirect duties, of one member of the conn-f
ril of maritime prizes, and of one officer of
rine. • f
G..r ministers of the finances, of war, and of fh«
marine, are charged, ns far as it concerns them ra-.
spec lively, with the i xerution of the present de
cree. . 1
(Signed) JOACHIM NAPOLEON. V
Paris, \6th April, 1810.
MR The John Ad ms being yet detained, t an
a'.le lo inilorm you. that on the' 11 th inst. the Em-''
peror directed the sale of ell the Amefiran Jewel*
tr.kfn in the ports of Spain, and that the money v
ansinj; therefrom, should be placed in h;s causeorf- ' ’
ire. He has also refused to give up the Hero and
Has ordered that the case he brought before the
rounril ol prizes-, where rondemn itic.n necessarily
asvaits it. I send a copy of a note upon wbirh this
last order was taken and another relating to our hu
smess in Naples, and am, sir, with very high con
sideration, j • ■
Your most obedient, &c.
JOHN ARMSTRONG.
Hon. R. SnitA, 4 c.
o^’rr Pam. 20 March, 18.10.
Ihe L nited States, wishing t,rfulfil their enjoy
ments to the holders of their pubtirk debt in Hol
land, hut unable Irom the present state ol commerce
to do so by the ordinary mode of remitting bills of
exchange, found it necessary to enter into eon
ttarts with certain rnerebai.ts t»f the said states, to
make remittance in /otacco. A cargo of this »rtr
Cle was accordingly put o« hoard «f the Americas
ship Hero and despatched for the port of Tonnin
\J Ptnmiirk’ wrttl niders that the net prnreedt
should be piaced in the hands of the American han
jr* 'riAS,Sterdjln purpose above-mention,
ed. 1 be p issage having heen uncommonly stor
my, the ship much damaged and the crew qJite ex
hausted, the captain believed it to he his dirty, on -
the principle of self-preservation, to enter the first
p',r‘ 1f.,c“u d.a,ilke* Me accordingly entered that
of the lexi-1, and, after having taken no board two
pilots and being within the fourth buoy, was cap.
lured by a boat belonging to a French privateer.—
besides the customary papers, all of which are in
rii.p, the Herosaile/I un:W a certificate, granted by
the government, that the voyage was unde,taken
fur the purpose of tfinding « national remittance.
I have thought, sir, that the peculiarity o| these
circumstances made it proper for me to ask a special
dectsion o( his majesty on this case, and with this
view I have the honour nt offering to your excel
lency the pr-sent representation.
Accept, Sir, &c.
„ JOHN ARMSTRONG.
His Excellency the Duke of Cttdorc.
„ . . , 21 March, 1810, Paris.
sir 1 had yesterday the honour of staring to'
your excellency the vase of the American ship Hero
and requesting therein his majesty’# decision; f
have now that of informing you thfit # hunther of
American ships coining directly from the United
States to the port of Naples, under a promise of
protection Irom bis majesty the king, have notwith
standing been seized and their cargoes sold‘‘ for
the benefit ol the the." Nor.doc the minrv
fiere. i Hough thus deprived of all Means „f *,b.
sitting themselves, the captains have been obliged
to subsist the clews [amounting nearly to 300 mm]
and are now menaced with « farther exaction lor
port charges. This, in the strong language of nne
of the sufferers, is literally to strip them nuked,
and then to demand from them the expenee of do
ing so. As the consular agent (if the (J.Slates at Na
ples has m.ide several unavailing representations on
this subject to the king, and as he j.as reason tu be
lieve that the system, of which this treatment is
a branch, emanates from his majesty the empertfur,
it heroines my duty to submit tbe facts t* your ex
v* Uency, nzid to seek through your intervention,
such correction of the evil as humanity and justice
may conspire to dictate. A remark which eauaJJy
applies to the crews of the ships captured in Spain
and Naples, is, that should tbe vessels to which
they belong he confiscated, means ought to be a£»
forded them of returning to their country. In this
etent, therefore, 1 have to propose to your excel*
lency that two or more ships be put at the disposi
tion of the nearest American consul, and permitted
to sail for the United States under bond, for I
mount of their valuation respectively.
I am sir. dec. ^
„ JS'T'£\ r n , J0UtV ARMSTRONG.
II. L. the Duke of Ccdvre.
Boston : JttQt Q.
SPAIN AND gpRTUGAL.
The numerous predictions of the immediate sub*
jugatum of these interesting section* of Europe have
cot—thank Heaven—yet become history. ByCapt.
f rate, we have received Lisbon papers to the 34th
of April, which state—That iht French bad g*t