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within 14 days after they received the official declaration of their repeal, admit British armed vessels into their ports, and put an end to the restrictive measures which had grown out of the orders in council.

The despatches authorizing the communication to the American government, expressly directed that it should be made verbally, and Mr. Baker did not consider himself at liberty to reduce it to writing, even in the form of a note verbal or pro memoria, or to suffer me to take a memorandum of his communication at the time he made it. I understood from him that the despatches had been opened by Mr. Foster at Halifax, who, in consequence of a conversation he had had with vice-admiral Sawyer and sir John Sherbroke, had authorized Mr. Baker to say, that these gentlemen would agree, as a measure leading to a suspension of hostilities, that all captures made after a day to be fixed, should not be proceeded against immediately, but be detained to await the future decision of the two governments. Mr. Foster had not seen sir George Prevost, but had written to him by express, and did not doubt but that he would agree to an arrangement for the temporary suspension of hostilities. Mr. Baker also stated, that he had received an authority from Mr. Foster to act as charge des affaires, provided the American government would receive him in that character, for the purpose of enabling him officially to communicate the declaration which was to be expected from the British government, his functions to be understood, of course, as ceasing on the renewal of hostilities. I replied, that although to so general and informal a communication no answer might be necessary, and certainly no particular answer expected, yet I was authorized to say, that the communication is received with sincere satisfaction, as it is hoped, that the spirit in which it was authorized by his government may lead to such further communications as will open the way, not only for an early and satisfactory termination of exist ing hostilities, but to that entire adjustment of all the differences which produced them, and to that permanent peace and solid friendship which ought to be mutually desired by both countries, and which is sincerely desired by this.

With this desire, an authority was given to Mr. Russell on the subject of an armistice, as introductory to a final pacification, as has been made known to Mr. Foster; and the same desire will be felt on the receipt of the further and more particular communications which are shortly to be expected.

With respect to the joint intimation from Mr. Foster and the British authorities at Halifax, on the subject of suspending judicial proceedings in the case of maritime captures, to be ac

companied by a suspension of military operations, the authority given to Mr. Russell, just alluded to, and of which Mr. Foster government was the bearer, is full proof of the solicitude of the of the United States to bring about a general suspension of hostilities on admissible terms, with as little delay as possible. It was not to be doubted, therefore, that any other practicable expedient for attaining a similar result would readily be concurred in. Upon the most favourable consideration, however, which could be given to the expedient suggested through him, it did not appear to be reducible to any practical shape to which the executive would be authorized to give it the necessary sanction. Nor indeed is it probable, that if it was less liable to insuperable difficulties, that it could have any material effect previous to the result of the pacific advance made by this government, and which must, if favourably received, become operative as soon that could now be made. It was stated as any other arrangement to Mr. Baker, that the president did not, under existing circumstances, consider Mr. Foster as vested with the power of appointing a charge des affaires, but that no difficulty, in point of form, would be made, as any authentic communication through him or any other channel, would be received with attention and respect.

(I.)

Mr. Monroe to Mr. Barlow.

Sir, Department of State, June 16, 1812. An act declaring war against Great Britain will probably pass It has alboth houses of congress on this day or to-morrow. ready passed the house of representatives, and, from what is known of the disposition of the senate, its assent is expected without delay.

This result has grown out of the continued aggressions of that on our commerce. power Propositions were made in both houses of congress to comprise France in the same declaration, and in the senate the vote was 15 for, to 17 against it. In the other house the majority against it was proportionably greater. Its defeat in both houses has been doubtless, in a great measure, owing to a passage in your last letter, which intimated the intention of the French government to make some proposition in favour of indemnities, to be comprised in the treaty you were negotiating, whereby an expectation was excited that that interest would be provided for, and satisfaction given on the other grounds of complaint against France. The sentiment in both houses, as it is with the nation generally, produced by so many acts of injustice, for which reparation has not been made, is

strong against France. The arrival of the Wasp, which you promised to despatch in two or three weeks from the date of your last letter, with the result of your labours, and which may be now daily expected, was another motive for delaying ulterior measures with respect to her. In advising the war against England, as was distinctly implied by the late message, which brought that subject under consideration, the president stated to congress his strong dissatisfaction with the conduct of the French government on every former ground of complaint, and to which others of more recent date have been added, with the single exception of the repeal of the decrees. He promised also to bring our affairs with that power fully before congress, as soon as he should receive the communications which you had promised to forward by the Wasp. I communicate these facts, which are of a character too marked to require any comment, that you may be enabled to turn them to the best account in promoting an amicable accommodation with the French government of every wrong received from it, which is sincerely desired.

You were informed by my letter of the 6th of May, of such outrages committed by a squadron which was reported to have sailed from Nantz in January last, as were at that time known here. It appears that several vessels sailing from American ports to Lisbon and Cadiz, laden with the productions of the United States, were seized and burnt at sea. The crews of

these vessels were taken on board one of the French vessels, and afterwards transferred to another of our vessels engaged in the same trade, which was also seized, in which they made their way home. These men forwarded here the evidence of these acts, copies of which have already been transmitted to you. I forward to you by this conveyance, the evidence of other aggressions, which will claim, in like manner, your particular attention. Most of these documents have been laid before congress, and referred by it to this department.

You will analize all these cases of recent spoliations, and place them in the class of aggressions to which they severally belong, on principle. In demanding of Great Britain the repeal of her orders in council, on the ground of the repeal of the French decrees, this government has, from a regard to justice, given to France all the credit to which she had any claim, believing that the notification alone of the French minister of foreign affairs, to the minister plenipotentiary of the United States at Paris, of their repeal, was sufficient to justify the demand of the repeal of the orders in council of Great Britain, on her own principles. But it was never the intention of this government to concede to France any thing on that subject, to which she was

not fairly entitled. On the contrary, it has been its intention, as is sufficiently evident by your first instructions, to exact from her a most strict and rigorous compliance with her pledge, in regard to the repeal. If any act in violation of that pledge has been committed, you will not fail to point it out, in the most distinct manner, to the French government, and to communicate to this department, without delay, any answer which you may receive from it. I have to add, admitting that the repeal of the decrees is observed with perfect good faith, that if the French government has given other orders, or permits acts of another character, which violate our rights, the wrong will not be less sensibly felt or less resented by this government.

Your despatches by the Hornet were received on the 22d May. They are the last which have come to hand.

I have the honour, &c. &c.
(Signed)

Joel Barlow, esq. &c. &c.

Sir,

JAMES MONROE.

Mr. Monroe to Mr. Barlow.

Department of State, July 14, 1812. Your letters by the Wasp were received on the 13th instant. I make this acknowledgment in the hope that it may reach Mr. Morton at Baltimore, and be conveyed with the letters and documents with which he is already charged for you.

The president has seen with great surprise and concern that the government of France had made no accommodation to the United States on any of the important and just grounds of complaint to which you had called its attention, according to your instructions, given at the time of your departure, and repeated in several communications since. It appears that the same oppressive restraints on our commerce were still in force; that the system of licence was persevered in; that indemnity had not been made for spoliations, nor any pledge given to inspire confidence that any would be made. More recent wrongs, on the contrary, and of a very outrageous character, have been added to those with which you were acquainted when you left the United States. By documents forwarded to you in my letter of 21st March, you were informed of the waste of our commerce, made by a squadron from Nantz, in January last, which burnt many of our vessels trading to the peninsula. For these you were also instructed to demand redress.

It is hoped that the government of France, regarding with a prudent foresight the probable course of events, will have some sensibility to its interest, if it has none to the claims of justice, on the part of this country.

On the French decree of the 28th of April, 1811, I shall forbear to make any observations which have already occurred, until all the circumstances connected with it are better understood. The president approves your effort to obtain a copy of that decree, as he does the communication of it afterwards to Mr. Russell. I have the honour to be, &c. &c.

Joel Barlow, esq. &c. &c.

JAMES MONROE.

Message from the President of the United States, transmitting sundry documents relating to a declaration and order in council of the British government, of the twenty-first of April,

1812.

To the House of Representatives of the United States. I transmit to the house of representatives a report of the secretary of state, containing the information requested by their resolution of the 21st of June last.

Washington, 12th July, 1813.

JAMES MADISON.

The secretary of state, to whom was referred the resolution of the house of representatives, of the 21st of June, requesting copies of a declaration and order in council of the British government of the 21st of April, 1812, has the honour to lay before the president copies of these papers, together with a copy of the correspondence relating to them.

JAMES MONROE.

Department of State, July 12th, 1813.

Declaration and Order in Council of the British government, dated 21st April, 1812, and the correspondence relative there

to.

Sir,

Mr. Russell to Mr. Monroe.

London, 22d April, 1812. I received late last evening a note from lord Castlereagh, of which the enclosed is a copy, together with the declaration to which it refers.

I hasten to communicate to you these important documents, as they appear to manifest definitively the determination of this government to persevere in its actual system, and to support, with every of sort of pretext, the pretext of retaliation on which it was originally founded. I have the honour to be, &c. JONATHAN RUSSELL.

(Signed)

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