The American Law Journal and Miscellaneous Repertory

Documents accompanying the Message from the President of the United States at the commencement of the Second Session of the Tenth Congress. November 8, 1808.

Extracts and Copies of Letters from Mr. Madison to Mr. Pinkney.

Extracts of a Letter from Mr. Madison, Secretary of State, to Mr. Pinkney, Minister of the United States at London, dated

Department of State, December 23, 1807.

MR. ERSKINE having been so good as to let me know

that the mail of this evening will carry his despatches for a British packet, which will sail from New York immediately on their arrival there, and other conveyances now failing, I avail myself of the opportunity, to inclose you a copy of a message from the president to congress, and their act in pursuance of it, laying an immediate embargo on our vessels and exports. The policy and the causes of the measure are explained in the message itself. But it may be proper to authorize you to assure the British government, as has been just expressed to its minister here, that the act is a measure of precaution only, called for by the occasion; that it is to be considered as neither hostile in its character, nor as justifying, or inviting or leading to hostility with any nation whatever, and particularly as oppo VOL. II. A

sing no obstacle whatever to amicable negotiations and satisfactory adjustments with Great Britain, on the subjects of difference between the two countries.

The suddenness of the present opportunity does not allow me time to add more than a newspaper, containg a part of the proceedings of congress in relation to the embargo.

P. S. As you may be able to find conveyances to Paris, whither none will for some time offer hence, I request the favour of you to communicate to general Armstrong the contents of this letter, and through him, or otherwise, to Mr. Erving at Madrid.

Extract from the same to the same, dated

Department of State, February 19, 1808. "A vessel having been engaged to carry from the port of New York public despatches and mercantile letters to Europe, I avail myself of the opportunity of forwarding you a series of gazettes, which contain the proceedings of congress, and such current information as will give you a view of our internal affairs. They will be put, with this letter, into the hands of Mr. Nourse, a passenger in the despatch vessel, who will deliver them at London; and as the vessel which will have previously touched at L'Orient, will, after waiting ten or twelve days at Falmouth, return to that port, and thence to the United States, you will have an opportunity of sending thither any communications you may wish to make to Paris, as well as of transmitting to your government such as may follow up your correspondence, which, at the present period, will be the more acceptable, the more it be frequent and full.

"My last, which was committed to the British packet, inclosed a copy of the act of embargo, and explained the policy of the measure. Among the considerations which enforced it, was the probability of such decrees as were issued by the British government on the 11th of November; the language of the British gazettes, with other indications, having left little doubt that such were meditated. The appearance of these decrees has had much effect in reconciling all descriptions

among us to the embargo, and in fixing in the friends of the measure their attachment to its provident guardianship of our maritime interests.

Mr. Erskine communicated, a few days ago, the several late decreès of his government, with expressions of the regret felt by his Britannic majesty at the necessity imposed on him for such an interference with neutral commerce, and assurances that his majesty would readily follow the example, in case the Berlin decree should be rescinded, or would proceed, pari passu, with France, in relaxing the rigour of their measures. Mr. Erskine was asked, whether his government distinguished between the operation of the French decree, municipally on land, and its operation on the high seas. On this point he was unable to answer; as he also was to an inquiry, whether the late British decrees had reference to the late extension of the French decree with respect to the United States. He seemed also, as is perhaps the case with his government, to have taken very little into consideration the violations of neutral commerce, and through them the vast injury to France antecedent to the Berlin decree. It is probable that something further is to pass between us on this subject."

Extract of a Letter from the same to the same.

Department of State, March 8, 1808. "Having just learnt that the present mail will arrive at New York in time for the British packet, avail myself of the opportunity of forwarding your commission and letters of credence, as successor to Mr. Munroe, in the legation at London.

of

Since my last, which went by Mr. Nourse in a despatch vessel, bound first to L'Orient, and then to Falmouth, I have received your communication of the 23d November and December. These, with a representation from general Armstrong to the French government, on the subject of the decree of Berlin, as expounded and enforced in the case of the ship Horizon, were thought by the president to throw so much

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The American Law Journal and Miscellaneous Repertory, Band 2