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state remonstrated, against the illegality of government to extend this principle so far as the measure, which remonstrance was laid to inhibit a trade to neutrals even between before the lords commissioners of the admi-a power at peace with Great-Britain and ner ralty in England, who replied, "that they enemy, as for example, between China and blockade France. The absurdity of this pretension had sent orders not to consider of those islands as existing unle in respect may prevent its being thereafter advanced. of particular ports, which might be actually It will not, however, be unworthy of your atinvested, and then not to capture vessels tention.

bound to such ports, unless they shall previ- By an order of the British government in ously have been warned not to enter them." 1803, British cruizers were authorized to takė The second definition is to be found in a con-neutral vessels laden with innocent articles, vention between Great-Britain and Kussia, in 'on their return from an enemy's port, on the June. 1801. 4th sec. 3d art. which declares, pretence that they had carried to such port. This order is directly "that in order to determine what character- contraband of war. izes a blockaded port, that denomination is repugnant to the law of nations, as the eirgiven, only to a port where there is by the cumstance of having contraband articles on disposition of the power which attacks it, with board bound to an enemy's port, is the only ships stationary or sufficiently near, as evi- legal ground of seizure. The claim wa relindent danger in entering." The president is quished by the British government in the 9th willing for you to adopt either of these defi- article of the project above recited, you will nitions, but prefers the first as more precise endeavour in like manner to provide against and determinate; and when it is considered it. It is the practice of British eruizers to it was made the criterion by so formal an act compel the commanders of neutral vessel☛ between the two governments, it cannot be which they meet at sea. either to board them presumed that the British government will in person with their papers, or to send their object to the renewal of it. Nothing is more papers on board in their boats by an officer. natural after the differences which have taken The injustice and irregularity of this proce place between the two countries, on this and dure need not be mentioned. You will enother subjects, and the departure from this deavour to suppress it in the manner propocriterion by Great-Britain, for reasons which sed in the third article of a project communiare admitted by her no longer to exist, than cated to Mr. Monroe at London, in his instructhat they should, on the restoration of a good tions of the 5th January, 1814. You will enunderstanding, recur to it agaiu. Such a re- deavour likewise to restrict contraband of currence would be the more satisfactory to war, as much as in your power, to the list conthe president, as it would afford a proof of a tained in the 4th article of that project. The pretension of Great-Britain to interdisposition in the British government, not simply to compromise a difference, but to re-dict the passage of neutral vessels with their establish sincere friendship between the two cargoes from one port to another port of an enemy, is illegal and very injurious to the nations. An interference with our commerce between commerce of neutral powers. Still more unenemy's colonies and their parent country, was justifiable is the attempt to interdict their among the violations of our neutral rights, passage from a port of one independent nacommitted by Great-Britain in her present tion to that of another, on the pretence that war with France. It took place in 1805, did they are both enemies. You will endeavour extensive injury and produced universal ex-to obtain, in both instances, a security for the citement. In securing us against a repetition neutral right. Upon the whole subject I have to observe, of it, you will attend to an article of the convention between Kussia and Great-Britain that your first duty will be to conchide a entered into on the peace with Great-Britain, and that you are 1801, to the 14th sticle of the project of a authorized to do it, in case you can obtain a treaty with Great-Britain that was signed by satisfactory stipulation against impressment, Mr. Monroe and Mr. Pinkney on the 31st one which shall secure, under our flag, protec The manner in which it December, 1806, and to the instructions from tion to the crew. this department relating to that article on may be done has been already stated, with -the 20th May, 1807. The capture by Great-the reciprocal stipulations which you may enBritain of almost all the islands of her ene-ter into to secure Great-Britain against the aties, diminishes the importance of any regu-injury of which she complains. If this enlation of this subject; but as they may be re-croachment of Great-Britain is not provideď stored by a treaty of peace, it merits particu- against, the United States have appealed to" lar attention. It being understood, however, arms in vain. If your efforts to accomplish that unless such a trade can be obtained in a it should fail, all further negotiations will proper extent, and without a relinquishment cease, and you will return home without deof the principle contended for by the Un ted lay. It is possible that some difficulty may States, it will be best that the treaty be si-occur in arranging this article respecting its lent on the subject. duration. To obviate this the president is A disposition has been shown by the British willing that it be limited to the present war

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hat from a conduct so frank and honourathe most beneficial ehcet will result.

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in Europe. Resting, as the United States e do, on the solid ground of right, it is not preb sumable that Great-Britain, especially after * the advantage she may derive from the arrangement proposed, would ever revive her I shall conclude by remarking, that a strong pretension. In forming any stipulation on hope is entertained that this friendly mediathis subject, you will be careful not to impair tion of the emperor Alexander will form an by it the right of the United States, or to epoch in the relations between the United sanction the principle of the British claim. States and Russia, which will be extensively It is deemed highly important, also, to ob-felt, and be long and eminently distinguisheď tain a definition of the neutral rights which I by the happy consequences attending it.~ have brought to your view, especially of Since 1780, Russia has been the pivot on which blockade, and in the manner suggested, but all questions of neutral right have essentially it is not to be made an indispensable condi- turned. Most of the wars which have disturtion of peace. After the repeal of the orders [bed the world in modern times, have originain council, and other illegal blockades, and ted with Great-Britain and France. These the explanations attending it, it is not pre-wars have affected distant countries, especialsumable that Great Britain will revive them. ly in their character as neutrals, and very maShould she do it, the United States will al- terially the United States, who took no part ways have a corresponding resort in their own in promoting them, and had no interest in the hands, You will observe in every case, in great objects of either power. which you may not be able to obtain a satisfactory definition of the neutral rights, that * * you enter into none respecting it.

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[I am indebted to the Evening Post for the Indemnity for losses seems to be a fair claim information of where, in these letters, the supon the part of the United States, and the Bri-pressions were made. According to that print, tish government, if desirous to strengthen the all the latter part of what relates to the interferrelations of friendship, may be willing to make ence of the emperor of Russia, has been concealed.” it. In bringing the claim into view, you will The other suppressions are noted where they are not let it defeat the primary object intrusted said to occur.-Ed. Ex.] to you. It is not perceived on what ground Great-Britain can resist this claim, at least in

EXTRACT NO. H.-JUNE 23, 1813. the cases in favour of which she stands pled-it to explain more fully the views of the pre"An opportunity offering, I avail myself of

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sentiments on some others, not adverted to in

You are at liberty to stipulate in the propo-them. sed treaty the same advantages in the ports "The British government having repealed of the United States in favour of British skips the orders in council, and the blockade of of war, that may be allowed to those of the May, 1806, and all other illegal blockades, most favoured nations. This stipulation must jand having declared that it would institute no be reciprocal. blockade which should not be supported by an adequate force, it was thought better to leave that question on that ground, than to No difficulty can arise from the case of the continue the war to obtain a precise definition non-importation act, which will doubtless be of blockade, after the other essential cause of terminated in consequence of a pacification. the war, that of impressment, should be reShould any stipulation to that effect be requi-moved. But when it is considered that a stired, or found advantageous, you are at liberty pulated definition of blockade will cost Greatto enter into it. Should peace be made, you Britain nothing after having thus recognized may, in fixing the periods at which it shall the principle, and that sucă definition is caltake effect, in different latitudes and distan-culated to give additional confidence, in the ces, take for the basis the provisional article future security of our commerce, it is expectof the treaty of peace with Great-Britain infed she will agree to it. It is true, this cause 1783, with such alterations as may appear to of war being removed, the United States are be just and reasonable. under no obligation to continue it, for the In discharging the duties of the trust com-want of such stipulated definition, more espe→ mitted to you, the president desires that you cially as they retain in their hands the remedy will manifest the highest degree of respect against any new violation of their rights. for the emperor of Russia, and confidence in whenever made. The same remark is appli the integrity and impartiality of his views. cable to the cause of impressment, for if the In arranging the question of impressment, and British government had issued orders to its every question of neutral right, you will ex-cruizers not to impress seamen froin our vesplain to his government, without reserve, the sels, and notified the same to this government, claims of the United States, with the grounds that cause of war would also have been reon which they severally rest. It is not doubt-moved. In making peace it is better for both

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nations that the controversy respecting block-tlereagh to this department, and of a note ade, should he arranged by treaty, as well as from Lord Cathcart to the Russian govern that respecting impressment. The omissionment, with my reply to the communication. to arrange it may be productive of injury.- The arrangement of a negotiation to be Without a precise definition of blockade, im- held at Gottenburg, directly between the proper pretensions might be set up on each United States and Great-Britain, without the side, respecting their rights, which might pos- aid of the Russian mediation, makes-it necessibly hazard the future good understanding sary that a new commission should be issued between the two countries. correspondent with it, and for this purpose that a new nomination should be made to the senate. The president instructs me to inform you, that you will both be included in it, and that he wishes you to repair immediately on the receipt of this, to the appointed rendezvous. It is probable that the business may not be limited to yourselves on account of the

"Should a restitution of territory be agreed on, it will be proper for you to make a provision for settling the boundary between the U. States and Great-Britain on the St. Lawrence and the Lakes, from the point at which the line between them, strikes the St. Lawrence, to the northwestern corner of the Lake of the Woods, according to the principles of the great interests involved in the result. The treaty of perce. The settlement of this commissions and instructions will be duly forwarded to yon, as soon as the arrangements shall be finally made.

boundary is important, from the effcumstance that there are several islands in the river and Jakes, of some extent and great value, the do- In taking leave of the Russian government, minion over which is claimed by both parties. you will be careful to make known to it, the It may be an adviseable course to appoint sensibility of the president, to the friendly commissioners on each side, with full powers 'disposition of the emperor, manifested by the to adjust ou fair and equitable considerations, offer of his mediation; the regret felt at its this boundary. To enable you to adopt a rejection by the British government. and a suitable provision for the purpose, it will be desire that in future, the greatest confidence proper for you to recur to the instructions and cordiality, and the best understanding heretofore given on the subject, published in may prevail between the two governments. the documents in your possession."

No. V.-JAN. 28, 1814, No. III-JAN. 1, 1814. GENTLEMEN--The British government hav GENTLEMEN-I have not received a lettering declined the Russian mediation, and profrom you since your appointment to meet mi-posed to treat directly with the United States, nisters from Great-Britain, at St. Petersburg, the president has, on due consideration, to negotiate a treaty of peace under the me-thought proper to accept the overture. To diation of the emperor of Russia. This is give effect to this arrangemeut, it was ne ́esdoubtless owing to the miscarriage of your despatches,

sary that a new commission should be formed, and for that purpose that a new nomination should be made to the senate, by whose advice and consent this important trust is committed to you.

portant grounds of the controversy with Great-Britain only, and make such remarks on cach, and on the whole subject, as have occurred since the date of the former instructions, and are deemed applicable to the prescut juncture; taking into view the nego tiation in which you are about to engage.

The message of the president, of which I bave the honour to transmit to you a copy, will make you acquainted with the progress of the war with Great-Britain, to that period, You will consider the instructions given in and the other documents which are forwarded, the commission to treat under the mediation will communicate what has since occurred. of Russia, as applicable to the negotiation Among the advantages attending our suc-with which you are now charged, except as cess in Upper Canada, was the important one they may be modified by this letter. of making capture of General Proctor's Lag- I shall call your attention to the most imgage, with all the pubhe documents belonging to the British government in his possession. It is probable that these documents will be Jaid before congress, as they are of a nature highly interesting to the public. You will understand their true character by extracts of two letters from Governor Cass, which are enclosed to you. By these it appears, that On impressment, as to the right of the the British government has exercised its in- United States to be exempted from it, I have fluence over the Indian tribes within our nothing new to add. The sentiments of the limits, as well as elsewhere, in peace, for hos-president have undergone no change on that tile purposes towards the United States; and important subject. This degrading practice that the Indian barbarities, since the war, must cease; our flag must protect the crew, were in many instances known to, and sanc- or the United States cannot consider themtioned by the British government. selves an independent nation. To settle this No. IV. JAN. 8. 1814. difference amicably, the president is willing, GENTLEMEN-I have the honour to trans- as you are already informed by the former in mit to you, a copy of a letter from Lord Cas-structions, to remove all pretexts for it, to the

British government, by excluding all British On the other neutral rights, enumerated in seamen from our vessels, and even to extend the former instructions, I shall remark only, the exclusion to all British subjects, if neces- that the catalogue is limited in a manner to sary, excepting only the few already natural-evince a spirit of accommodation; that he ized, and to stipulate likewise the surrender of all British seamen deserting in our ports in future from British vessels, public or private. It was presumed by all dispassionate persons, that the late law of congress relative to seamen would effectually accomplish the object. But the president is willing, as you find, to prevent a possibility of failure, to go further.

Should a treaty be made, it is proper, and would have a conciliatory effect, that all our impressed seamen, who may be discharged under it, should be paid for their services by the British government, for the time of their detention, the wages which they might have obtained in the merchant service of their own country.

arrangement proposed in each instance is ust in itself; that it corresponds with the general · spirit of treaties between commercial powers, and that Great-Britain has sanctioned it in many treaties, and gone beyond it in some.

On the claim to indemnity for spoilations, I have only to refer you to what was said in the former instractions. I have to add, that should a treaty be formed, it is just in itself, and would have a happy effect on the future relations of the two countries, if indemnity should be stipulated on each side, for the destruction of all unfortified towns, and other private property, contrary to the laws and usages of war. It is equally proper that the negroes taken from the southern states should be returned to their owners, or paid for at Blockade is the subject next in point of their full value. It is known, that a shameful importance, which you will have to arrange. traffic has been carried ou in the West-Indies, In the instructions bearing date on the 15th by the sale of these persons there, by those of April, 1813, it was remarked, that as the who professed to be their deliverers. Of this British government had revoked its orders in fact, the proof which has reached this departcouncil, and agreed that no blockade could be ment shall be furnished you. If these slaves legal which was not supported by an adequate are considered as non-combatants, they ought force, and that such adequate force should be to be restored; if, as property, they ought to applied to any blockade which it might there-be paid for. The treaty of peace contains an after institute, this cause of controversy article, which recognizes this principle. seemed to be removed. Further reflection, In the view which I have taken of the conhowever, has added great force to the expedi-ditions on which you are to insist, in the proency and importance of a precise definition posed negotiation, you will find, on a compaof the public law on this subject. There is risou of them with those stated in the former much cause to presume, that if the repeal of instructions, that there is no material differthe orders in council had taken place in time ence between them, the two last mentioned to have been known here before the delara- claims to indemnity excepted, which have tion of war, and had had the effect of prevent-originated since the date of those instructions. ing the declaration, not only that no provision The principal object of this review has been would have been obtained against impressment, but that under the naine of blockade, the same extent of coast would have been covered by proclamation as had been covered by the orders in council. The war, which these abuses and impressment contributed so In accepting the overture of the British gomuch to produce, might possibly prevent that vernment, to treat independently of the Rusconsequence. But it would be more satisfac-sian mediation, the United States have acted tory, if not more safe, to guard against it by on principles which have governed them in a formal definition in the treaty. It is true, every transaction relating to peace since the should the British government violate again war. Had the British government accepted the legitimate principles of blockade, in the Russian mediation, the United States whatever terms, or under whatever pretext it would have treated for themselves, independmight be done, the United States would have cutly of any other power, and had Great-Briin their hands à correspondent resort; but a tain met them on such conditions, peace principal object in making peace, is to prevent would have been the immediate result. Had by the justice and reciprocity of the condi- she refused to accede to such conditions, and tions, a recurrence again to war, for the same attempted to dictate others, a knowledge of cause. If the British government sincerely the views of other powers on those points, wishes to make a durable peace with the Uni-might have been useful to the United States. ted States, it can have no reasonable objec- In agreeing to treat directly with Great-Brition to a just definition of blockade, especial-tain, not only is no concession contemplated, ly as the two governments have agreed in on any point in controversy, but the same detheir correspondence, in all its essential feaures. The instructions of the 15th of April, 1813, have stated in what manner the president is willing to arrange this difference.

to show, that the sentiments of the president, are the same in every instance, and that the reasons for maintaining them, have become more evident and strong, since the date of these instructions.

sire is cherished to preserve a good understanding with Russia, and the other Baltic powers, as if negotiation had taken place, uns der the mediation of Russia.

No. VIII.-FEB. 14, 1814. "I received last night your letter of the 15th October, with extracts of letters from Mr. Adams and Mr. Harris, of the 22d and 23d of November.

It appears that you had no knowledge at the date, even of the last letter, of the answer of the British government, to the offer which had been made to it, a second time, of the Russian mediation. Hence it is, to be inferred, that the proposition made to this government by the Bramble, was made not

It is probable that the British government may have declined the Russian mediation, from the apprehension of an understanding between the United States and Russia, for very different purposes from those which have been contemplated in a hope that a much better treaty might be obtained of the United States, in a direct negotiation, than could be obtained under the Russian mediation, and with a view to profit of the concessions which might thus be made by the United States in future negotiations with the Baltic powers. If this was the object of the British govern-only without your knowledge, but without the ment, and it is not easy to conceive any other, it clearly proves the advantage to be derived from the proposed negotiation, from the aid of those powers, in securing from the British government, such conditions as would be satisfactory to all parties. It would be highly honourable as well as advantageous to the U. States, if the negotiation with which you are charged, should terminate in such a treaty.

sanction, if not without the knowledge of the emperor. Intelligence from other sources strengthens this inference. If this view of the conduct of the British government is well founded, the motive for it cannot be mistaken. It may fairly be presumed, that it was to prevent a good understanding and concert between the United States and Russia and Sweden on the subject of neatral rights, in the No. VI.-JAN. 30, 1314. hope, that by drawing the negotiation to EngGENTLEMEN In additio:: to the claims to land, and depriving you of an opportunity of indemnity, stated in your preceding instruc-free communication with those powers, a treations, 1 have to request your attention to the ty less favourable to the United States might following, to which it is presumed there can be obtained, which might afterwards be used be no objection. with advantage by Great-Britain in her negotiations with those powers.

On the declaration of war by the United States, there happened to be, in the ordinary By an article in the former instructions, course of commerce, several American ves-you were authorized in making a treaty to sels and cargoes in the ports of Great-Britain, prevent impressment from our vessels, to stiwhich were seized and condemned; and, in pulate, provided a certain specified term could one instance, an American ship which fed not be agreed on, that it might continue in from Algiers, in consequence of the declara-force for the present war in Europe only. At tion of war by the Dey, to Gibraltar, with the American consul, and some public steres on board, shared a like fate.

that time it seemed probable that the war might last many years. Recent appearances however, indicate the contrary. Should peace After the declaration of war, congress passbe made in Europe, as the practical evil of ed an act, allowing to British subjects six which we complain in regard to impressinent months, from the date of the declaration. to would cease, it is presumed that the British goremove their property out of the United vernment would have less objection to a stipuStates, in consequence of which, many vesselslation to forbear that practice for a specified were removed with their cargoes. I add. with conäidence, that, on a liberal construction of the spirit of the law, some vessels were permitted to depart, even after the expiration of the term specified in the law. I will endeavour to put in your possession a list o: these cases. A general reciprocal provision however, will be best adapted to the object

in view.

term, than it would have, should the war continue. In concluding a peace with GreatBritain, even in case of a previous general peace in Europe, it is important to the United States to obtain such a stipulation."

No. IX, MARCH 21st, 1814. GENTLEMEN-By the cartel Chauncey you will receive this, with duplicates of the commission to treat with Great-Britain, and of the instructions and other documents that were orwarded by the John Adams. This vessel is sent to guard against any accident that might attend the other,

No. VII.-FEB. 10. 1814. GENTLEMEN Should you conclude a treaty and not obtain a satisfactory arrangement of neutral rights, it will be proper for you to provide, that the United States shall have ad If a satisfactory arrangement can be convantage of any stipulations more favourable to cluded with Great-Britain, the sooner it is neutral nations, that may be established be-accomplished, the better for both countries. tween Great-Britain and other powers. A precedent for such a provision is found in a declaratory article between Great-Britain and Bussia, bearing date on the 8th of October. 1804, explanatory of the 2d section, 3d article, of a convention concluded between them on the 5th of June of the same year.

If such an arrangement cannot be obtained, it is important for the United States to be acquainted with it without delay. I hope, there fore, to receive from you an account of the state of the negotiation and its prospects, as soon as you may be able to communicate any thing of an interesting nature respecting them.