that the narrow seas should be exempted from the operation of the provision. It was not to be expected that the doctrine of the mare clausum would be revived on that occasion, but it served effectually to frustrate the convention.

"Is there a question of contraband, is the vessel destined to a blockaded port in violation of established principles, or does she contain enemies' property, the greatest extent to which the maritime law is carried by any nation? In these cases she is conducted to port for trial, the parties are heard by an impartial and responsible tribunal, and are heard again by appeal, if they desire it. Are any of the passengers on board the neutral vessel in the naval or military service of the enemy? If such are found, they are made prisoners, but as prisoners they have rights, which the opposite belligerent is bound to respect. This practice, (impressment) however, looks to other objects than are here recited. It involves no question of belligerent on one side, and of neutral on the other. It pursues the vessel of a friend for an unlawful purpose, which it executes in a manner equally unlawful. Every commercial vessel of the United States, that navigates the ocean, is liable to be invaded by it, and not an individual on board any of them is secure, while the practice is maintained. It sets up every officer of his majesty's navy as a judge, from whose decision there is no appeal. It makes him a judge not of property, which is held more sacred, nor of the liberty of his fellow subjects only, however great the trust and liable to abuse on the main ocean, but of that of the citizens of another power, whose rights, as a nation, are trampled on by the decision; a decision, in rendering which every rule of evidence is violated, as it puts the proof of innocence on the accused, and is further highly objectionable, as there is too much reason to believe that it has been often guided more by the fitness of the party for service than any other circumstance.

error.

"It is possible that this practice may in certain cases, and under certain circumstances have been extended to the vessels of other powers, but with them there was an infallible criterion to prevent It would be easy to distinguish between an Englishman and a Spaniard, an Italian or a Swede; and the clear irresistible evidence of his national character, and, perhaps, of his desertion, would establish the British claim to the individual, and reconcile

the nation, into whose service he had entered, to his surrender. But the very circumstances, which would constitute an infallible criterion in those cases, would be sure to produce endless error in the other. Who is so skilful in physiognomy as to distinguish between an American and an Englishman, especially among those whose profession and whose sea terms are the same? It is evident that this practice, as applied to a foreign nation to any great extent, has grown out of the American revolution, and that it is impossible for the United States not to see in it the assertion of a claim, which is utterly incompatible with that great event. When the character of this claim, and the pernicious tendency of the practice are maturely weighed, it must furnish cause for surprise, that some just and friendly arrangement has not long since been adopted to prevent the evils incident to it."

We shall now return to the regular course of this narration. We have already said the American government refused to ratify the treaty of 1806. But notice of this circumstance was not received in England till July of the next year; where Mr. Pinkney remained as minister plenipotentiary. We have not spoken of the proceedings of the British ministers in this country with our own government during the period, of which a brief account has just been given. It would be but a repetition; and, in reality, with the exception of Spain to a certain extent, all our important negotiations have been conducted in Europe; particularly with France and England.

During the spring of 1807, the vexatious conduct of the English on the American coast continued. The unfortunate, disastrous and profligate affair of the Chesapeake* took

* United States frigate Chesapeake,

CHESAPEAKE BAY, JUNE 23, 1807. SIR,-Yesterday, at 6, A. M. the wind became favourable, and knowing your anxiety that the ship should sail with all possible despatch, we weighed from our station in Hampton Roads, and stood to sea. In Lynnhaven bay we passed two British men of war, one of them the Bellona, the other the Melampus; their colours flying, and their appearance friendly. Some time afterwards, we observed one of the two line of battle ships that lay off cape Henry to get under way, and

place in June, and on the second day of July following, the President issued a proclamation, requiring all British vessels,

stand to sea; at this time the wind became light, and it was not until near four in the afternoon that the ship under way came within hail. Cape Henry then bearing N. w. by w. distance 3 leagues. The communication which appeared to be her commander's object for speaking the Chesapeake, he said he would send on board; on which I ordered the Chesapeake to be hove to for his convenience. On the arrival of the officer, he presented me with the enclosed paper No. 1. from the captain of the Leopard, and a copy of an order from admiral Berkeley, which another officer afterwards took back, to which I gave the enclosed answer, No. 2, and was waiting for his reply. About this time I observed some appearance of a hostile nature, and said to captain Gordon, that it was possible they were serious, and requested him to have his men sent to their quarters with as little noise as possible, not using those ceremonies which we should have done with an avowed enemy, as I fully supposed their arrangements were more menace than any thing serious. Captain Gordon immediately gave the orders to the officers and men to go to quarters, and have all things in readiness; but before a match could be lighted, or the quarter bill of any division examined, or the lumber on the gun deck, such as sails, cables, &c. could be cleared, the commander of the Leopard hailed; I could not hear what he said, and was talking to him, as I supposed, when she commenced a heavy fire, which did great execution.

It is distressing to me to acknowledge, that I found from the advantage they had gained over our unprepared and unsuspicious state, did not warrant a longer opposition; nor should I have exposed this ship and crew to so galling a fire had it not been with a hope of getting the gun deck clear, so as to have made a more formidable defence: consequently our resistance was but feeble. In about twenty minutes after I ordered the colours to be struck, and sent lieutenant Smith on board the Leopard, to inform her commander that I considered the Chesapeake her prize. To this message I received no answer; the Leopard's boat soon after came on board, and the officer who came in her demanded the muster book. I replied the ship and books were theirs, and if he expected to see the men he must find them. They called on the purser, who delivered his book, and the men were examined, and the three men demanded at Washington, and one man more, were taken away. On their departure from the ship, I wrote the commander of the Leopard the enclosed No. 3, to which I received the answer No. 4. On finding that the men were his only object, and

bearing a king's commission to depart, and forbidding all to enter the waters of the United States. The government,

that he refused to consider the ship his prize, and the officers and crew his prisoners, I called a council of our officers, and requested their opinion relative to the conduct it was now our duty to pursue. The result was, that the ship should return to Hampton Roads, and there wait your further orders.

I have sent this letter to you by Captain Gordon, in order that you may have an opportunity of getting such information as you may wish. With great respect, I have the honour to be, &c.

(Signed)

JAMES BARRON.

Hon. ROBERT SMITH, Secretary of the Navy, Washington.

No. 1.

The captain of his Britannic majesty's ship Leopard, has the honour to enclose to the captain of the United States' ship Chesapeake, an order from the honourable vice admiral Berkeley, commander in chief of his majesty's ships on the North American station, respecting some deserters from the ships (therein mentioned) under his command, and supposed to be now serving as part of the crew of the Chesapeake.

The captain of the Leopard will not presume to say any thing in addition to what the commander in chief has stated, more than to express a hope, that every circumstance respecting them may be adjusted in a manner that the harmony subsisting between the two countries may remain undisturbed. H. M. ship Leopard, at sea, June 22, 1807.

To the commander of the U. S. ship Chesapeake.

No. 2.

I know of no such men as you describe. The officers that were on the recruiting service for this ship, were particularly instructed by the government, through me, not to enter any deserters from his Britannic majesty's ships; nor do I know of any being here: I am also instructed never to permit the crew of any ship that I command to be mustered by any other but their own officers. It is my disposition to preserve harmony, and I hope this answer to your despatch will prove satisfactory. JAMES BARRON. At sea, June 22, 1807.

To the commander of his B. M. ship Leopard.

No. 3.

Sir, I consider the frigate Chesapeake your prize, and am ready

also, determined, at once, to suspend all negotiation, till reparation was made for the outrage. The immunity of a national ship from search, for any purpose whatever, is not contested by any nation; and the terms of reparation, demanded by the American government, on this occasion, were not only a formal disavowal of the act and restoration of the four men taken out, but as a security for the future, an entire abolition of the practice of impressment under the American flag. It was a particular injunction to the American minister in London not to treat of the affair of the Chesapeake separately, but to consider all those injuries, which properly fell under the same head, as one entire subject. For this assault upon its dignity and sovereignty, the country had a right to exact a solemn and public form of retribution and acknowledgment. Both England and France have, within the last century, sent an extraordinary ambassador for the purpose of offering an apology for a violation of national sovereignty, infinitely less important.

This mode of discussion met with an unfavourable reception from the British government. The act of the officer

to deliver her to any officer authorized to receive her. By the return of the boat I shall expect your answer, and have the honour to be, &c. JAMES BARRON. Chesapeake, at sea, June 22, 1807.

To the commander of his B. M. ship Leopard.

No. 4.

Sir,-Having to the utmost of my power fulfilled the instructions of my commander in chief, I have nothing more to desire, and must in consequence proceed to join the remainder of the squadron, repeating that I am ready to give you every assistance in my power, and do most sincerely deplore that any lives should have been lost in the execution of a service which might have been adjusted more amicably, not only with respect to ourselves; but the nations to which we respectively belong. I have the honour to be, &c.

To the commander of the U. S. ship Chesapeake.

S. P. HUMPHREYS. Leopard, at sea, June 22, 1807. 3 killed, 18 wounded.