The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-02-05

IONA. RUSSELL.
Honora6le Robert Smith
Sec'ry Of STATE, United
STATES.
Mr.. Russell to the Duke de Cadore.
PARIS, Dec. 10 1910.
SIR,
/ have this moment learnt that the A.
merican brig New-Orleans Packet, Iately
arrived at Bordeaux, has, with her cargo,
the bona-hde property of citizens of the U.
States, and laden at the port of New York
been seized by the director of the customs
under the Berlin or Milan DEGREES have
also been informed, that this director of the
customs, not satis&ed with this hardy VIOLA
tion OF the Solemn assurances given by your
excellency to general Armstrong on the sth of
Angus last and Confirmed by your letter to
him OF the 9TH 81 ptenber, tha these deere,
were revoked and would cease to oserate
from the LIST OF November, has, without re-
gard 10 the Pignted faith of his government,
announced his intention of selling he provi
sions which constitute a part of the cargo.
under the pretext chat they are perish able
The clear and unequivocaI manner in
which the revocation of the Berlin and Mi
Ian DEGREES were announced by your excel
lency, forbid me for moment tt suppose.
that he violent proceedings of this man will
be sanctioned by HIS majesty the emperor
and king, or that the least delay will be al
lowed in placing the property thus arrested
at the free disposition of the rightful owner
whose confidence alone in the good iaith
with which it becomes nations to perform
their engagement s. has brought hi to the
place where he is so inhospita bly, tre ated
am persuaded that YOUR excellency will
nor, on this occasion, attempt to remind me
OF the conditions ON which the revocation of
those DEGREES were prcdicated. These con.
ditions were in the alternative, and the per
Torrance OF either is sufficient to render alb
sniute and perpetual that revocation. is
DINO importance that the British orders in
council have not been Withdrawn, il the u.
States, in due time, perform the condition
which depends alone on them. And what
is this condition why, to execute an act of
Congress against the English, which. to be
thus executed. re quires the previous revoca-
ton OF these very DEGREES. The letter of
your exceilency, of the 5'h of August, ap-
pears to have been written with full know
ledge OF this requisition of the law. and mani
testify with the intention to comply with it, in
ORD that 1t might be competent for the
President of the Uuited States to exercise
the contingent power which had been given
to him.
1t will not be pretended. that the DEGREES
Law OF the United States in performing the
Condition presented to them au horzes their
revival The case of the New Orleans
facket is the first which has occurred since
the lst OF November, to which the Berlin
or Milan DEGREES could be applied, and if
they be applied to this case, it will be diff
cult for France to show one solitary instance
OF their having been practically revoked
AS to delay on the part ofthe United States,
there mas been none. No official informant
on OF the letter OF your excelency of the 5.h
OF August, LETT France for the United States,
owing to circumstances which it was not in
the power of General Armstrong to CONTROL
until the 29th of September, and this mo-
ment have not learnt that such official in
formation has been there received Knight
indeed nave learnt it, and bee able now to
nave communicated to- ysur excelency, the
measures on which the President has decid-
ed IN consequence of it. had not the frigste
the Essex, dispatched by him, been put under
quarantine on her arrival at L'Orient. for
the want of a bill of health, and the messen
ger thereby detained since the 4th of this
month.
! VIII not undertake TO decide whether n
bill OF health ought, in courtesy. 10 be exacted
OF trgate OF a friendly power comisg in
ne Tunfer 8eaSon from place not known to
have been lately afflicted with any malig
nant disease but surely the delay which this
exaction occasions, cannot be imputed TO
want OF due diligence on the part of the Anne
rican government.
1t is from this view Of the subject that am
thoroughly convinced, that the application
OF the Berlin and Milan decree, by the di-
rector OF the customs at Bordeaux, TO the
New-Orleans Packet, will not he approved
oy MS majesty, bot that prompt and efficient
measures will oe taken TO correct a proce
dure, which, if persisted in, might pooduce a
state OF things which it is the obvious inter.
est ct both nations to avoid
pray your excellency to be assured of my
most distinguished consideration, &c.
(Signed)
JONATHAN RUSSELL.