Relations with Great Britain. and postponed at the instance of Lord Harrowby denied by our Government, and, as it is contended, until his return. These subjects will be found in upon the soundest principles of the law of nations. a communication to Lord Harrowby of the 5th I wish to possess, and to give correct information of September last, which contains a project of a on the whole subject, and shall be happy that convention to define certain neutral rights, to dis- your Lordship will enable me to do it. criminate between American and British seamen, It would have been agreeable to me to have and protect the former from impressment; and postponed this inquiry until I should be honored also to establish, by a modification of the conven- with the interview which I requested of your tion entered into by Lord Hawkesbury and Mr. Lordship on the 31st ultimo, and which you have King, on the 12th of May, 1803, in the manner been so good as to promise me next week; but proposed, and for the reasons stated in that com- the importance of the subject, the impression that munication, the boundary between the territories the measure has made on the parties interested, of His Majesty and those of the United States on and doubtless will make in the United States, totheir northwestern frontier. The two first men-gether with the propriety of giving to my Govtioned of these topics have been the cause of ernment such information as is official and aumuch irritation and complaint on the part of the thentic only, will, I flatter myself, satisfy your United States, which cannot otherwise than be Lordship that I could not justify a longer delay. increased by the principles which appear to have I have the honor to be, my Lord, your most been adopted in some late decisions of the Court obedient, humble servant, J. MONROE. of Admiralty relative to the commerce of the United States with the colonies of the enemies of Great Britain, and with the parent country in the productions of such colonies. Mr. Monroe is persuaded that it is of great importance to both countries to arrange these points between them, and he flatters himself that it will be easy to do it on terms that will be equally safe aud satisfactory to both parties. No. 2. From Lord Mulgrave. DOWNING STREET, August 5, 1805. Lord Mulgrave presents his compliments to Mr. Monroe, and will have the honor of appointing a day for receiving him at the Foreign Office early next week. Lord Mulgrave wishes to inform himself of the state of the business opened to Lord Harrowby, previous to his conference with Mr. Monroe. No. 3. To Lord Mulgrave. DOVER STREET, August 8, 1805. MY LORD: The late seizures of the vessels of the United States by His Majesty's cruisers is so important an event as to make it my duty to invite your Lordship's attention to it. My Government will naturally expect of me immediately the best information I can obtain of the nature and character of the measure, the extent to which it has been and will be carried, and of the policy which dictates it. Being in a state of profound peace with His Britannic Majesty and his dominions, conscious of having cherished that relation, and performed all its duties with the most perfect good faith, it will be surprised at a measure which will be understood to breathe a contrary spirit. | From the view which I have of the subject I can only state, that many of our vessels have been brought in under orders that were equally unknown to the parties that were affected by them, and to the representative of the United States accredited with His Majesty; that the principles on which some of them have been condemned are No. 4. From Lord Mulgrave. DOWNING STREET, August 9, 1805. SIR: I have just received the honor of your letter of yesterday's date, stating the existence of some measures relative to the vessels of the United States, of which you have cause to complain. As you have not mentioned either the nature or the period of the trasanction to which you allude, I am not enabled to give you a satisfactory answer; and I am not aware of any recent occurrence of so pressing a nature as to require an explanation previous to the day on which I shall have the honor of seeing you in the course of the next week. If you will inform me more particularly of the ground of complaint, I shall, without delay, give the subject every attention in my power. I have the honor to be, sir, your most obedient, humble servant, MULGRAVE. No. 5. To Lord Mulgrave. DOVER STREET, August 12, 1805. MY LORD: I have been honored with your Lordship's letter of the 9th instant, and shall willingly comply with your request in stating more fully the nature of the complaint to which I alluded in mine of the Sth, and the period within which it has occurred. By a report of the Consul of the United States for this port and district, of which I have the honor to enclose you a copy, it appears that, in the course of a few weeks past, about twenty American vessels have been seized in the Channel and North Sea, by His Majesty's ships of war and privateers, and brought into his ports for trial: the officers who seized them stated (according to the report of some of the masters) that they had acted by order, as is to be presumed, of the Government. As this proceeding was sudden, without notice, and without example in the conduct of the present war, as it has embraced a considerable number of vessels, and may be extended to many others, it was impossible for me to reconcile it with the friendly relations subsisting between the two Powers. It is, therefore, my APPENDIX. Relations with Great Britain. duty to request of your Lordship such information respecting it, as I may transmit without deday to my Government. Of a measure so highly important to the rights and interests of the United States, no erroneous opinion should be formed, no incorrect idea entertained. No. 7. To Lord Mulgrave. 2416 DOVER STREET, August 12, 1805. Mr. Monroe presents his compliments to Lord Mulgrave, and will do himself the honor to wait on him at his office on Thursday next, at two o'clock. He has the pleasure to send his Lordship a reply to his letter of the 9th instant. No 8. To Lord Mulgrave. DOVER STREET, August 16, 1805. Mulgrave, and has the honor to return his LordMr. Monroe presents his compliments to Lord ship the papers which he was so good as to deliver him yesterday. Mr. Monroe is sorry to find that those documents furnish no satisfactory explanation on the real ground of complaint on the part of the United States, as stated in his letter of the 12th; he will, therefore, be happy to see Lord Mulgrave again on the subject, as soon as it may be convenient for his Lordship to receive him. Mr. Monroe to Mr. Madison. It is proper here to observe, that the decisions of the courts to which I alluded in mine of the 8th, the principles of which are considered by my Government as subversive of the established law of nations, were given in the case of the "Essex" a few weeks since, and in those of the "Enoch" and "Mars" on the 23d and 24th ultimo. These decisions impose restraints on the commerce of neutral nations with the enemies of Great Britain, which it is contended derive no sanction from that authority. The principle on which they are founded asserts a right in Great Britain to restrain neutral nations from any commerce with the colonies of an enemy in time of war which they do not enjoy in time of peace; or, in other words, denies, in respect to neutrals, the sovereignty of an enemy in time of war over its own colonies, which remain in other respects subject to its authority, and governed by its laws. It cannot well be conceived how there should be a difference on principle, in the rights of neutral Powers, to a commerce between any two ports of an enemy, not regularly blockaded, and any other two of its LONDON, August 20, 1805. SIR: I had an interview with Lord Mulgrave ports: how it should be lawful to carry on such yesterday, on the late seizure of our vessels, which, commerce from one port to another of the parentless favorable result than I had anticipated from country, and not from its colonies to the parent the preceding one. He asserted the principle, in I am sorry to observe, presented the prospect of a country. As the Board of Commissioners under the seventh article of the Treaty of 1794, in revis- the fullest extent, that a neutral Power had no ing the decisions of the British courts founded on right to a commerce with the colonies of an the instructions of November 6, 1793, condemned enemy in time of war which it had not in time this doctrine, there was just cause to expect that of peace, and every extension of it in a former it would never have been revived. It is under-state, beyond the limit of the latter, was due to the stood that no other Power admits it, and that it is concession of Great Britain, not to the right of also repugnant to the practice of Great Britain the neutral Power. I denied the principle in herself with respect to her own colonies in time equal extent, and insisted that Great Britain had It is easy to show that the doctrine is of no more right in war to interpose with or control modern date even in England; that the decisions the commerce of a neutral Power with the coloof her courts have not been uniform, and that nies of an enemy, than she had in peace. As we those in the cases referred to have carried the could not agree on the principle, I asked on what pretension to an extent which, by assuming cog- trade? His reply showed that it was not disnizance, if not jurisdiction, in the interior confooting his Government was willing to place the cerns of the United States, is utterly incompati-posed to relax in the slightest degree from the docble with the rights of sovereignty, and the selfrespect which, as an independent nation, they can never lose sight of. I forbear, however, to enter further into this subject at present, in the expectation that I shall be honored with such information from your Lordship of the views of His Majesty's Government as will be satisfactory to that which I have the honor to represent. I have the honor to be, my Lord, &c. JAMES MONROE. of war. trine of the late decrees of the Courts of Admiralty and Appeals, which go to cut up by the roots the commerce of the United States in the produce of the colonies of its enemies, other than for the home consumption of their citizens. I urged, in as strong terms as I could, the objections which occurred to me to this pretension. but he showed no disposition to accommodate, so that we parted as remote from an accord as possibly could be. I asked Lord Mulgrave whether I should consider the sentiments which he expressed as those of his Government? He said he had in the commencement expressed a desire that our conversations should be considered rather the hope of producing an accord than in the exas informal than official, as entered into more in pectation that we should ultimately disagree; that he was sorry to find that we could not agree; Relations with Great Britain. that, however, he should report the result to the was promised, but which has not yet been given. Cabinet, and give me such an answer to my let- A few days before Mr. Erving left this for the ters for my Government, of the views of his own, continent, I requested him to ask Mr. Hammond as it might wish to be taken of its conduct and when I should be favored with one. I send you policy in this business. I do not state the argu- a note of the conversation between them. Havments that were used in the conference on each ing waited some time longer, I thought it my side, because those of Lord Mulgrave will prob- duty to press the point again, and, in so doing, to ably be furnished by himself, and you will readily expose as fully as I could the fallacy and injusconceive those to which I resorted. What the tice of the principle on which Great Britain asultimate decision of his Government may be, Iserts the right to interdict our commerce with the cannot pretend to say. It is possible that he held colonies of her enemies, and elsewhere in the the tone mentioned above, in the late conference, productions of those colonies. I do not know to see whether I could be prevailed on to accom- that I shall be able to obtain an answer to this or modate with his views. It is difficult to believe the other letters. The presumption is against it, that it will yield no accommodation on its part because she does not wish to tie up her hands to our just claims, in the present state of public from doing what her interest may dictate, in case affairs. the new combination with Russia and Austria should be successful against France. In the mean time she seeks to tranquillize us by dismissing our vessels in every case that she possibly can. It is evident to those who attend the trials, that the tone of the judge has become more moderate; that he acquits whenever he can acquit our vessels, and, keeping within the precedent of the Essex, seizes every fact that the papers or other evidence furnish, in the cases which occur, to bring them within that limit. If anything can be done in our affairs, it may be in a week or ten days; and if not done in that time, it most probably will not be during the present winter. I shall do everything in my power to bring them to a satisfactory conclusion. In my former interview with Lord Mulgrave, he said that I should find, by the reports which he gave me, that most of the vessels had been dismissed; and it appeared by the reports that some of them had been, one or two on the opinion of Dr. Lawrence, counsel for the captured, which had been taken in the absence of the King's proctor. I returned to him the reports, to obtain copies for you. General Lyman has informed me that others have been since dismissed, and, as he thought, some that had been seized on the new doctrine of continuity of voyage, though nothing to countenance such an expectation escaped Lord Mulgrave in the last conference. It is decided, on consideration of all circumstances, that Mr. Bowdoin will repair to Paris, where he will probably remain until he receives the orders of the President, and that Mr. Erving will proceed immediately to Madrid, to relieve Mr. Pinckney. Mr. Bowdoin, by being on that ground, will be more in the way of obeying such orders as he may receive, than here; and both he and Mr. Erving, respectively, may perhaps take their ground with greater propriety in this stage, while it is known that our Government has not acted, than afterwards. I am, sir, with great respect and esteem, your very obedient servant, JAMES MONROE. No. 34. Mr. Monroe to Mr. Madison. LONDON, September 25, 1805. SIR: I have already forwarded you copies of two letters to Lord Mulgrave, respecting the late seizure of American vessels, and you will receive with this a copy of a third one. His Lordship has endeavored to manage this business without writing from a desire, which has been very apparent, to get rid of it without any compromitment. With that view he gave me, in an early interview, a report of the King's advocate general and proctor on my first letter, which had been referred to them, which gave some explanation on the subject, which he might suppose would be satisfactory. I soon, however, assured him that it was not, and pressed an answer to my letters, which | I am, sir, with great respect and esteem, your very obedient servant JAMES MONROE. P. S. I enclose you a copy of my letter to General Armstrong, by Mr. Erving. No. 35. Mr. Monroe to Mr. Madison. LONDON, October 18, 1805. SIR: I sent you lately, by Colonel Mercer, my note to Lord Mulgrave of the 23d ultimo, relative to the late seizures of our vessels, in which I thought proper to advert, at the conclusion, to the other topics that were depending when I left this country for Spain. I endeavored to touch those topics, especially the insults in our ports and impressment of our seamen, in a manner to show a due sensibility to such outrages, and, if possible, to conciliate this Government to concur in a suitable arrangement to prevent the like in future. It seemed to be improper, and it was certainly useless, to touch them without expressing the sense which the President entertained of the injury and indignity to which the United States had thereby been exposed. The acts were of a nature to require it, and the conduct of this Government since had increased the obligation to do it. It appeared, also, by your letters, which were received by Mr. Purviance in my absence, that the President expected that this Government would make such an example of the officers who had most signalized themselves by their misconduct, as would serve as a warning to the com APPENDIX. Relations with Great Britain. 2420 manders of other vessels who may hereafter seek shelter or hospitality in our ports. This had not been done. On the contrary, I was informed by the best authority, that Captain Bradley, of the Cambrian, whose conduct had been most offensive, had been promoted, immediately on his return, to the command of a ship-of-the-line. By that measure, which prejudged the case, this Government seemed to have adopted those acts of its officers as its own, and even to announce to all others that the commission of like aggressions within our jurisdiction would pave the way to their preferment. It is said, it is true, that the translation of an officer from a frigate to a ship-of-the season was so far advanced, that, if I withthe-line is not considered in all cases a promotion, or, more correctly speaking, is not such a one as is solicited by the officers of the navy. The command of a frigate on a separate station, especially one which affords an opportunity to make prizes, is often preferred by them to that of a ship-of-theline in a fleet, and may perhaps be deemed a more important trust by the Government. Ostensibly, however, and in effect, it is a promotion; the least, therefore, that could be said of the disposition which this Government has shown respecting the misconduct of that officer, was, that if it had not been the cause. it certainly formed no obstacle to his. Under such circumstances, it seemed to be impossible to separate the officer from the Government in these outrages, and quite useless to demand the censure of him. I thought it, therefore, most advisable in the present stage, at least, to treat the affair in a general way, rather than in reference to a particular occurrence; and in looking to the offensive object, and paying any regard to what was due to the United States, the manner was as conciliating as I could make it. menced, began to assume a serious aspect. It became my duty, in my first letter to Lord Mulgrave, to notice them, and they soon claimed the principal attention. On the 10th, however, I thought myself perfectly at liberty to give notice of my intention to depart, in a guarded manner. I had already said everything, in my several communi cations on the subjects that were depending, that I intended to say, unless it should be made necessary to add more by a reply to them; I had also waited in vain a sufficient time for a reply; I could not depart without giving timely notice of it, especially after the late correspondence; and held it longer, I should be exposed to a winter It was on these considerations that I wrote the passage, or compelled to remain until the spring. above mentioned note to Lord Mulgrave, in the hope of promoting, without longer delay, a satisfactory arrangement of the points alluded to. But so vague is his answer, that it is quite out of my power to determine at this time whether it will be proper for me to sail or not in the course of the present season. Indeed, there is but one vessel now in port, destined to the United States, in which I should wish to embark with my family at so late a period. She will be commanded by Captain Tompkins, for Norfolk, who, I understand, proposes to set out in the beginning of next month. By that time I shall probably see more fully into the ultimate intentions and policy of this Government towards the United States; and I think I may venture to say, that, if I sail during the present autumn, it will be in that vessel. Having waited near three weeks after my letter of the 23d ultimo to Lord Mulgrave, without hearing from him, I wrote him on the 10th instant, and stated that, by the permission of the President, I proposed to sail to the United States this autumn, and, as the favorable season was far advanced, wished to depart with the least possible delay; that I should be happy to see the interesting concerns depending between our Governments satisfactorily arranged before I sailed; that I had been, and should continue to be. prepared to enter on them while I remained in England; and that the time of my departure would be made subservient to that very important object. To this note I received, some days afterwards, a short answer, which promised as early a reply to my communication as the additional matter contained in that of the 23d ultimo would permit. Having taken the liberty to inform you from Madrid that I should sail for the United States soon after my arrival here, it was my intention, after making a fair experiment to arrange the concerns of this Government, to have departed forthwith, be the success of it what it might. I considered myself as having the permission of the President to return home after such an experiment, and it was very much my wish, and that of my family, to avail ourselves of it. But, unfortunately, at that period, the seizures, which had just before com was a deliberate act of this Government. I do I have no doubt that the seizure of our vessels mitted to and decided in the Cabinet, but I am not know that the measure was regularly subsatisfied that that department of it, having cog. nizance of and control over the business, dictated the measure. transaction justify this opinion. Before the coThe circumstances attending the alition with Russia and Sweden, the commerce was free. The blow was given when that coalition was formed. Great Britain has shown much political management in the whole of this affair. By the emendatory article of her treaty with Russia, in 1801, the latter abandons the right to the direct trade between the colonies of an enemy and the parent country, and agrees to rest on the ground which the United States may hold in that respect. It is to be presumed that she declined the seizure before the coalition was formed with the Northern Powers, lest it might alarm them and endanger the coalition; and that she made the seizure afterwards, on the idea, that, as they were embarked in the war with her, they would beto push her pretensions against us. come indifferent to the object, and leave her free in which the pressure is made, being through the Admiralty Court, on a pretext that the trade is The manner direct, although the articles were landed in our ports and the duties paid on them, is equally a proof of management on her part. It was obviously intended to urge, (indeed Lord Mulgrave in our first interview began by urging,) that there Relations with Great Britain. had been no new measure, that the Government had and increasing prosperity, and I am satisfied that not acted in the business, while the court, by con- nothing which is likely to succeed will be left unsidering every species of that commerce direct, tried to impair it. That this sentiment has taken and every accommodation on the part of our cit- a deep hold of the public councils here was suffiizens with previous regulations fraudulent and ciently proved by the late seizures, being at a time evasive, should push the pretensions of the Gov- when the state of our affairs with Spain menaced ernment to such an extent as to annihilate it al- a rupture, from which Great Britain could not together. Lord Mulgrave insisted in express terms, fail to derive the most solid advantages. It was in the second interview, that we ought not to carry natural to expect, especially when we advert to it on at all with the parent country; that the im- the then critical situation of this country, that portation into our country ought to be confined the Government would have seized the opporstrictly to supplies necessary for home consump-tunity to promote that object by a more just and tion. I am equally confident that if Great Bri- enlightened policy. The part, however, which it tain should succeed in establishing her pretensions acted was calculated, so far as depended on it, to against us, she would avail herself hereafter of prevent one. It proves satisfactorily that no event the example with the Northern Powers. It is, is deemed more unfavorable to Great Britain than therefore, a question of great importance to them the growing importance of the United States, and also. that it is a primary object of her Government to check, if not to crush it. It is possible that this Government may be influenced in its conduct by a belief that the United States will not revive the treaty of 1794, unless they be driven to it by such means. It may also be attributable to policy still more unfriendly. There is cause to believe that many prejudices are still fostered here in certain circles at least, which the experience of multiplied and striking facts ought long since to have swept away. Among these it is proper to mention an opinion, which many do not hesitate to avow, that the United States are, by the nature of their Government, being popular, incapable of any great, vigorous, or persevering exertion: that they cannot, for example, resist a system of commercial hostility from this country, but must yield to the pressure. It is useless to mention other prejudices still more idle, which had influence on past measures and certainly still exist with many of great consideration. With such a view of their interest, of the means of promoting it, and the confidence which is entertained of success, it cannot be doubted that it is their intention to push their fortune in every practicable line at our expense. The late seizure is probably an experiment on this principle of what the United States will bear, and the delay which is observed in answering my letters, only an expedient to give the Government time to see its effect. If it succeeds they will, I presume, pursue the advantage gained to the greatest extent, in all the relations subsisting between the two countries, more especially in the impressment of our seamen, the prostration and pillage of our commerce through the war, and in the more elevated tone of the Government in a future negotiation. If it fails, I am equally confident that their whole system of conduct towards the United States will change, and that it would then be easy to adjust our affairs with this country, and place them on an equal and a reciprocally advantageous footing. Perhaps no time was ever more favorable for resisting these unjust encroachments than the present one. conduct of our Government is universally known to have been just, friendly, and conciliating towards Great Britain, while the attack by her Government on the United States is as universally known to be unjust, wanton, and unpro With respect to our other concerns with Great Britain, I am sorry to say that I do not see any prospect of arranging them on just and reasonable terms at the present time. No disposition has been shown to prescribe, by treaty, any restraint on the impressment of our seamen whenever the Government may be disposed, or even when any of its officers in the West Indies or elsewhere may think fit. On the subject of boundary nothing has been lately said, nor does there appear to be any inclination to enter on it. I have also reason to think that this Government is equally disposed to postpone an arrangement of our commerce in general, by treaty, for any number of years. On this point, however, I cannot speak with so much confidence as on the others, having never made any proposition that was calculated to obtain an explicit declaration of its sentiments. The conversations which I had with Lords Hawkesbury and Harrowby before I went to Spain, on the other subjects, naturally brought this into view; but being incidentally, it was only slightly touched. The proposition which was made by the latter, to consider the treaty of 1794 in force, was a temporary expedient, not a permanent regulation. From that circumstance, and the manner in which they spoke of that treaty, I concluded that their Government would be willing to revive it for an equal term. It might, however. have been made only to obtain delay. You will observe that in my note of the 23d ultimo I have ta ken the liberty to mention the subject in a manner to show that it is not one to which the United States are indifferent, or which the President wishes to postpone. Although I have no power to form a treaty of so comprehensive a nature, yet I thought I might with propriety open the subject, so far at least as to ascertain the views of this Government on it for your information. On a review of the conduct of this Government towards the United States, from the commencement of the war, I am inclined to think that the delay which has been so studiously sought, in all these concerns, is the part of a system, and that it is intended, as circumstances favor, to subject our commerce at present and hereafter to every restraint in their power. It is certain that the greatest jealousy is entertained of our present The |