TO JOHN ARMSTRONG. d. of s. mss. instr.

Your letters and communications by Dr. Bullus were duly delivered on the day of . The same conveyance brought a copy of the sentence pronounced by the French prize Court in the case of the Horizon, giving a judicial effect to the Decree of Nov. 21, 1806, as expounded in the answer of Mr. Champagny to your letter of the .

Whilst the French Government did not avow or enforce a meaning of the Decree of Nov. 1806, in relation to the United States, extending its purview beyond the municipal limits, it could not in strictness be regarded as an infraction either of our neutral or conventional rights; and consequently did not authorize more than a demand of seasonable explanations of its doutbful import, or friendly expostulations with respect to the rigor and suddenness of its innovations.

The case is now essentially changed. A construction of the Decree is avowed and executed which violates as well the positive stipulations of the Convention of Sep. 30, 1800, as the incontestable principles of public law. And the President charges you to superadd, to whatever representations you may have previously made, a formal remonstrance in such terms as may be best calculated either to obtain a recall of the illegal measure, so far as it relates to the United States, or to have the effect of leaving in full force all the rights accruing to them from a failure to do so.

That the execution of local laws against foreign Nations on the high seas is a violation of the rights of the former and the freedom of the latter, will probably not be questioned. A contrary principle would in fact imply the same exclusive dominion over the entire ocean as is enjoyed within the limits of the local sovereignty, and a degradation of every other Nation from its common rights and equal rank.

If it be contended that the Decree, as a retaliation on the other belligerent, at the expense of neutral nations; is justified by a culpable acquiescence in the prior measures of that belligerent operating thro’ neutrals, you will be able to deny such acquiescence, and to urge moreover that, on every supposition, the retaliating measure could not be justly enforced in relation to neutrals without allowing them at least a reasonable time for chusing between due measures against the prior wrong and an acquiescence in both. The copy of the representations to the British Government thro’ its Minister here, on the subject of its orders of Jany. 1807, will at once disprove an acquiescence on the part of the United States, and explain the grounds on which the extension of the French Decree of Novr. 1806 is an object of just remonstrance.

The conduct of the French Government in giving this extended operation to its decree, and indeed in issuing one with such an apparent or doubtful import against the rights of the sea, is the more extraordinary inasmuch as the inability to enforce it on that element exhibited the measure in the light of an empty menace, at the same time that it afforded pretexts to her enemy for several retaliations for which ample means are found in her naval superiority.

The accumulated dangers to which the illegal proceedings of the belligerent nations have subjected the commerce and navigation of the United States, have at length induced Congress to resort to an Embargo on our own vessels, as a measure best fitted for the crisis, being an effectual security for our mercantile property and mariners now at home and daily arriving, and at the same time neither a measure, nor just cause of war. Copies of this Act were soon after its passage, transmitted to Mr. Pinkney, with an authority to assure the British Government that it was to be viewed in this light; and that it was not meant to be the slightest impediment to amicable negotiations with foreign Governments. He was requested to avail himself of an opportunity of communicating to you and Mr. Erving this view of the subject, and I hope that you will have been thence enabled to present it to the French Government. Not relying however on that indirect opportunity, I send by this another copy of the Act, with an instruction from the President, that you make it the subject of such explanations as will guard against any misconception of the policy which led to it. It is strictly a measure of precaution required by the dangers incident to external commerce, and being indiscriminate in its terms and operation toward all nations, can give no just offence to any. The duration of the Act is not fixed by itself, and will consequently depend on a continuance or cessation of its causes in a degree sufficient in the judgment of the Legislature to induce or forbid its repeal. It may be hoped that the inconveniences felt from it by the belligerent nations may lead to a change of the conduct which imposed the inconveniences of it on ourselves. France herself will be a sufferer, and some of her allies far more so. It will be very agreeable to find in that consideration, and still more in her sense of justice, a sufficient motive to an early manifestation of the respect due to our commercial rights. The example would be worthy of the professions which she makes to the world on this subject.

February 18th. Since the above was written, I have been under a degree of indisposition which has suspended the proposed continuation of it, and which now will oblige me to be very brief; the more so, as the vessel has been some days detained, which was engaged for the special purpose of conveying public dispatches and private letters to Europe.

The delay has enabled me to inform you that Mr. Erskine a few days ago communicated by instructions from his government its late Decrees of Novr. 11, and those forming a sequel to them. The communication was accompanied with assurances that much regret was felt by his Brittanic Majesty at the necessity which the conduct of his enemy had created for measures so embarrassing to neutral commerce, and that His Majesty would readily follow an example of relinquishing such a course, or even of making relaxations pari passu with his enemy.

Whether these intimations have any reference to the distinction between such parts of the French decree as operate municipally on shore, and such as operating on the high seas, violate the rights of neutrals, or to a distinction between the former restriction and the late extension of the Decree with respect to the United States, Mr. Erskine did not seem authorized to say. The probability is that neither of these distinctions entered into the views of the British Cabinet. But it is certainly neither less the duty nor the true policy of the Emperor of the French so to vary his decree as to make it consistent with the rights of neutrals and the freedom of the seas, and particularly with his positive stipulations to the United States. This may be the more reasonably expected as nothing can be more clear, as has been already observed, than that the effect of the Decree, as far as it can be carried into effect, would not be sensibly diminished, by abolishing its operation beyond the limits of the territorial Sovereignty.

In remonstrating against the injustice and illegality of the French Decree, I am aware that you may be reminded of antecedent injuries to France and her allies thro’ British violations of neutral commerce. The fact cannot be denied, and may be urged with great force, in our remonstrances against the orders to which Great Britain has given a retaliating character; since the French Decree might on the same ground, be pronounced a retaliation on the preceding conduct of Great Britain. But ought the legitimate commerce of neutrals to be thus the victim and the sport of belligerents contesting with each other the priority of their destructive innovations; and without leaving, either of them, to neutrals, even the opportunity or the time for disproving that culpable acquiescence which is made the pretext by both for the wrongs done to them? And I must repeat that apart from all questions of this nature the French Decree, or at least the illegal extensions of it to the United States remain chargeable with all the impolicy which has been pointed out.

I find by accounts from Hamburgh, Bremen, Holland, and Leghorn, that the trade and property of our Citizens have been much vexed by regulations subaltern to those of the Original Decree of Novr. 21st, 1806. How far the complaints are founded on proceedings violating our public rights, or on such as are unfriendly and inequitable towards our Citizens who have placed their property within those jurisdictions, you will be able to decide better than we can do at this distance; and the President refers to your own judgment the kind of representation to the French Government which those and other analagous cases may require.

Mr. Rose charged with a special mission to the United States for adjusting and making the satisfaction required for the outrage on the Chesapeake Frigate, has been about a month here. He opened his mission with a demand, preliminary to the negotiation, which was inadmissible. Much time and pains have been spent in informal experiments to overcome that difficulty at the threshold, and others known to lie within the negotiation itself. These experiments are giving way to formal and direct discussions, which do not under the instructions by which he professes to be restricted, promise any definitive and satisfactory result.

It was my purpose to have given greater extent to this communication, and particularly to have touched some other points in your last letters. But I find my health scarcely equal to the task already performed; and I am unwilling to prolong the detention of the vessel which has been ready for some time to depart with the numerous letters from our merchants to their correspondents, for carrying which she was in great measure employed. As she will return to L’Orient from Falmouth, where she will wait 8 or 10 days only, in order to bring back Lieut. Lewis the bearer of this, I hope you will dispatch him in due time, and that he will bring from you communications equally ample and agreeable.

The inclosed copy of a letter from the Secretary of War to me, together with the papers spoken of in it, will enable you to reply to the Minister of War in answer to his letter of the 15th Sept. last, a copy of which you sent me.

TO WILLIAM PINKNEY. d. of s. mss. instr.

A vessel having been engaged to carry from the Port of New York public dispatches 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 Dispatch vessel, who will deliver them at London; and as the vessel, which will have previously touched at L’Orient, will after waiting 10 or 12 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 inforced it was the probability of such decrees as were issued by the British Government on the 11th Novr, 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 decrees 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 rigor 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 enquiry whether the late British decree had reference to the late extension of the French decree, with respect to the U. 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 thro’ them, the vast injury to France, antecedent to the Berlin decree. It is probable that something further is to pass between us on the subject.

Mr. Rose has now been about a month in this City. He opened his mission with a demand of the repeal of the President’s proclamation of July 2d, as an indispensable preliminary to the negotiation of the adjustment to which his Mission related. The time has hitherto been chiefly spent in informal experiments to overcome this difficulty at the threshold, which have led to a glimpse of other prerequisites to the success of the negotiation as little looked for as they are inadmissible on the part of the United States. At present it would seem that the informal communications are at an end, and that a formal note given in by Mr. Rose sometime ago, stating his preliminary demand, is to receive a formal and written answer. The particular turn which the correspondence may take in its close, I am not yet authorized to state to you.

It was my purpose to have given greater extent to this letter; but I have been till within a day or two for nearly two weeks confined by an indisposition which unfitted me for business of any sort. And even now I sacrifice the consideration of health, to my anxiety to avoid a longer detention of the dispatch vessel which has been some time waiting for this, and for the communications destined to Genl. Armstrong.

I have the honor to be c.

TO WILLIAM PINKNEY. d. of s. mss. instr.

Having just learnt that the present Mail will arrive at New York in time for the British packet, I avail myself of the opportunity of forwarding your Commission and letters of credence, as successor to Mr. Monroe, in the Legation at London.

Since my last which went by Mr. Nourse in a dispatch vessel bound first to L’Orient and then to Falmouth, I have received your communications of the 23d Nov. and of Decr. These with a representation from Genl. 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 light on the course likely to be pursued by Great Britain and France in relation to the United States, that he had the documents confidentially laid before Congress. By an inadvertence, the documents were read in the Senate with unshut doors; and one of the family of Mr. Rose being, as is said, present, it is not improbable that your statement of the conversations with Mr. Canning will be reported to him; and possibly with such errors, as are incident to that mode of obtaining information. I mention this circumstance, that in case you should perceive any misimpression to have been made, you may take occasion to correct them.

The Embargo continues to take deeper root in the public sentiment, and in the measures of Congress. Several supplemental Acts for enforcing it have passed, and another is on its passage, for the same purpose. The modifications of the British orders, admitting a trade with her enemies in her own behalf, and subjecting neutrals to special licenses and to tribute, prove that retaliation is a cover for usurpation and monopoly and awaken feelings, sometimes stronger than interest itself, in stimulating perseverance in a remedial system.

Mr. Erskine has made a written communication on the subject of the British orders. I shall answer him as soon as the urgent business on hand will permit.

Mr. Rose will probably return in a short time, the Frigate in which he came being kept in waiting for him. His mission has not been successful, except in obtaining a separation of the general subject of impressments from the case of the Chesapeake. The way being opened to him by an acquiescence of the President in the mode of discussing the latter insisted on by the British Government, Mr. Rose disclosed the preliminary categorically required by his instructions, that the proclamation of July should be annulled, as the only condition on which he could “enter upon any negotiation for the adjustment with which he was charged.” After various informal conferences and experiments, which did not lessen the apprehension from passages in Mr. Cannings letter to Mr. Monroe (interpreted as the passage relating to the proclamation was interpreted by the preliminary) that if this difficulty at the threshold could have been parried, others of an insuperable nature would have grown out of the negotiation itself, the business has been put into the form of a regular correspondence. My answer to Mr. Rose’s first communication was sent to him on the fifth instant. As soon as his reply is received, it is probable that the whole will be laid before Congress. And as Mr. Rose will, it is understood, depart immediately after the correspondence is closed, I shall have an opportunity by him of transmitting to you copies of it. In the mean time I can only observe that the operative impressions to be made on Congress by the correspondence will necessarily depend much on the tenor and tone of Mr. Rose’s concluding letter, which will probably be pacific and even conciliatory.

With sentiments of high respect c.

TO WILLIAM PINKNEY. d. of s. mss. instr.

My last letter was of March 22d and went under the care of Mr. Rose. I now forward printed copies of the correspondence with him on the subject of his Mission, and of the antecedent documents relating to the case of the Chesapeake. As soon as the voluminous residue of the communications made to Congress issues from the press, it shall also be forwarded. You will find that they include certain documents relating to France which were thought proper for the knowledge of Congress at the present Crisis.

To these communications I add copies of Mr. Erskine’s letter to me on the subject of the British decrees of Novr. last, and of my answer. And that you may have a view of the ground which has been taken with respect to the French decree of Novr. 1806, and to the judicial exposition in the case of the Horizon giving it an illegal operation against the United States, I inclose copies of two letters to Genl. Armstrong on those subjects.

The President made to Congress a few days ago other communications relating to the present crisis with Great Britain and France, among which were Mr. Erskine’s letter now inclosed, and a letter from Mr. Champagny to Genl. Armstrong, explaining the course meditated by the French Government with respect to the commerce of the U. States. These being excepted from the confidential character attached to the others have been published, and will be found among the printed inclosures. Your letter of Feby. 26, was included in the communication to Congress but not in the exception.

The conduct of the two great contending nations towards this Country as will now appear to it, and to the world, fully displays their mutual efforts to draw the United States into a war with their adversary. The efforts on both sides, are too little disguised to be worthy the discernment of either, and are addressed moreover, to motives which prove great ignorance of the character of the United States, and indeed of human nature.

From the posture in which Mr. Rose’s final reply to the compromise proposed to him, placed the question of adjustment in the case of the Chesapeake, it remains with the British Government to resume it if adjustment be their object. Whether a tender of reparation will be made here, or to you, will also lie on that side. It will certainly be most becoming that Government under all circumstances to make the reparation here and this course might of right be insisted on by this Government. The President nevertheless, in the liberal spirit which always governs him, authorizes you to accept the reparation provided it be tendered spontaneously, be charged with no condition, unless it be that on the receipt of the Act of reparation here the proclamation of July 2nd shall be revoked; and provided the reparation shall add to the disavowal of the attack on the Chesapeake, an express engagement that the seamen retained shall be immediately restored, and that the guilty officer shall experience an exemplary punishment. The reparation will be the more satisfactory, and not exceed a just expectation if the restoration of the seamen be made to the very ship from which they were wrested and if provision be made for the wounded survivors, and for the families of those who lost their lives by the attack.

I must repeat however that it is considered entirely proper that the reparation should be offered here, rather than in London, and it is only in the event of a decided repugnance in the British Government to make it thro’ a functionary here, that you are to accept it there.

The answer to Mr. Erskine’s letter on the British orders will furnish the grounds to be taken in your communications. If the Cabinet can be brought to view the orders in their true light a revocation of the whole of them cannot fail to take place, unless they mean to violate every maxim of justice, or are fixed in hostile purposes against the United States. In not regarding the orders indeed as Acts of hostility and in trusting for redress to the motives and means, to which they have appealed, the United States have given the most signal proofs of their love of peace, and of their desire to avoid an interruption of it with the British Nation.

Still, it is to be understood, that whilst the insult offered in the attack on the American frigate remains unexpiated, you are not to pledge or commit your Government to consider a recall of the orders as a ground on which a removal of the existing restrictions on the commerce of the United States with Great Britain, may be justly expected.

The two letters to Genl. Armstrong of 22nd May 1807, and Feby. 8th, 1808, are proofs of the sincerity and impartiality with which the President has proceeded in relation to the belligerent parties, and may perhaps assist you in repressing unjust suspicions imbibed by the British Cabinet. It would be happy for all parties, the belligerent as well as the U. States, if truth could, in this case, be made to prevail; and if the retaliating rivalship of the former against the latter could be converted into an emulation, as politic as it would be magnanimous in both, to take the lead in a fair, lawful, and conciliatory course towards a nation which has done no wrong to either. Should the experiment be made on either side it would probably be followed on the other; and it could never happen that the side first doing justice, would suffer on that account.

In the present state of our relations to Great Britain it would be premature to mark out the course to be pursued with respect to further negotiations on other topics than those above noticed. You are authorized however to continue your interpositions in behalf of our impressed or detained seamen, and in the event of a repeal of the British orders, and satisfactory pledges for repairing the aggression on the Chesapeake, to enter into informal arrangements for abolishing impressments altogether and mutually discontinuing to receive the seamen of each other into either military or merchant service, conformably to the instructions on this point transmitted by Mr. Purviance.

You will find by a passage in Mr. Rose’s reply of March 17 that the British Government does not maintain the principle that the obligation of the United States extends beyond the discharge of deserters from their public service; and by an order of the Navy Department here, already carried into execution, of which a copy is inclosed, that it has lately been decided that no foreign seamen, whether deserters or not, shall serve on board our ships of war. The principles respectively manifested by these documents, ought to facilitate such an adjustment as is contended for by the United States.

It cannot yet be said how much longer the Session of Congress will be protracted. The two provisions of most importance remaining to be decided on are the augmentation of the Army, and the definition of the case or cases in which a repeal or relaxation of the Embargo, may, during a recess, be committed to the Executive.

TO WILLIAM PINKNEY. d. of s. mss. instr.

My last was of the 4th inst, and went by a British packet from New York. I now forward a copy of it.

Congress ended their Session on the night of the 23 inst. The series of newspapers herewith sent affords a view of their proceedings subsequent to the communications last made to you. Some other points are included which throw light on the workings of public opinion and the State of public affairs.

You will find that the critical posture of our foreign relations has produced provisions of different kinds for our greater security; and particularly that no pains have been spared to stop every leak by which the effect of the Embargo laws might be diminished. I refer you also to the report made to the Senate, by a committee on the documents relating to the affair of the Chesapeake and on the letters of Mr. Champagny and Mr. Erskine; and indicating the spirit which may be expected to influence the future policy of the Country, if kept under the excitement resulting from the system now pursued against it.

You will observe at the same time, that whilst a determination is sufficiently evinced against a dishonorable acquiescence in the despotic Edicts enforced on the high seas, the United States are ready to resume their export trade as soon as the aggressions on it shall cease, and that in a hope that this might happen during the recess of Congress, the President is authorized, in such an event, to suspend in whole, or in part, the several Embargo laws.

The conditions on which the authority is to be exercised appeal equally to the justice and policy of the two great belligerent powers which are now emulating each other in a violation of both. The President counts on your endeavors to give to this appeal all the effect possible with the British Government. Genl. Armstrong will be doing the same with that of France. The relation in which a revocation of its unjust decrees by either, will place the United States to the other is obvious; and ought to be a motive to the measure, proportioned to the desire which has been manifested by each to produce collision between the United States and its adversary; and which must be equally felt by each, to avoid one with itself.

Should the French Government revoke so much of its decrees as violate our neutral rights, or give explanations and assurances having the like effect, and entitling it therefore to a removal of the Embargo as it applies to France, it will be impossible to view a perseverance of Great Britain in her retaliating orders, in any other light than that of war without even the pretext now assumed by her.

In order to entitle the British Government to a discontinuance of the Embargo as it applies to Great Britain, it is evident that all its decrees, as well those of Jany. 1807 as of Nov. 1807, ought to be rescinded as they apply to the United States, and this is the rather to be looked for, from the present administration, as it has so strenuously contended that the decrees of both dates were founded on the same principles and directed to the same object.

Should the British Government take this course you may authorize an expectation that the President will, within a reasonable time, give effect to the authority vested in him on the subject of the Embargo laws. Should the orders be rescinded in part only it must be left to his free judgment to decide on the case. In either event you will lose no time in transmitting the information to this Department and to Genl. Armstrong; and particularly in the event of such a course being taken by the British Government as will render a suspension of the Embargo certain or probable, it will be proper for you to make the communication by a Courier to Genl. Armstrong, to whom a correspondent instruction will be given, and to provide a special conveyance for it hither unless British arrangements shall present an opportunity equally certain and expeditious.

The suspension of the non-importation Act having expired without any renewal of the suspending power to the President, that Act is now and must continue in operation. The Senate proposed during the last days of the Session to revest such a power in the President, as a provision for a state of things which might warrant the exercise of it. In the House of Representatives the Bill was rejected by a large majority. The debate will best explain the grounds of the rejection. Whilst the wrongs which led to that measure continue, it is probable that the measure will be continued; especially as the idea gains force daily, that we are less unripe for manufacturing establishments than has been supposed, and that we are admonished by experience to lessen our dependence for supplies on foreign nations. There is no longer any ground to apprehend that this Act can be an obstacle to adjustments on other subjects; the right of the United States to make such regulations at any time being admitted, and the justice of them being derived from commercial discriminations actually enforced by Great Britain against the United States.

From the notification of Jany. communicated in your letter of Jany. 8th, it seems that every possible variety of blockade legal and illegal is to be exhausted against our commerce. I beg leave to refer you to my letter of the 3d June 1806 to your predecessor and its inclosure for the kind of answer suitable to such notifications.

Among the documents forwarded, are a few printed copies of the communications made to Congress as stated in my last.

The letters received from you and not yet acknowledged are under dates of the 8th Jany. and 2d February.

TO JOHN ARMSTRONG. d. of s. mss. instr.

Since my last letter of which Lt. Lewis was the bearer, I have received your several letters of 27 Decr, 22 Jany, 15 17 February, with their respective inclosures.

That of the 15th Jany. from Mr. Champagny to you has, as you will see by the papers herewith sent, produced all the sensations here, which the spirit and stile of it were calculated to excite in minds alive to the interests and honor of the nation. To present to the United States the alternative of bending to the views of France against her enemy, or of incurring a confiscation of all the property of their Citizens carried into the French prize Courts, implied that they were susceptible of impressions by which no independent and honorable nation can be guided; and to prejudge and pronounce for them the effect which the conduct of another nation ought to have on their Councils and course of proceeding, had the air at least of an assumed authority, not less irritating to the public feelings. In these lights the President makes it your duty to present to the French Government the contents of Mr. Champagny’s letter; taking care, as your discretion will doubtless suggest, that whilst you make that Government sensible of the offensive tone employed you leave the way open for friendly and respectful explanations if there be a disposition to offer them; and for a decision here on any reply which may be of a different character.

On the subject of your letter of Feby. 15th and its inclosures, the sentiments of the President prescribe that the French Government be assured of the full justice he does to the manner in which the wishes of the Emperor are disclosed for an accession of the U. States to the War against England, as an inducement to which his interposition would be employed with Spain to obtain for them the Floridas. But that the United States having chosen as the basis of their policy a fair and sincere neutrality among the contending powers, they are disposed to adhere to it as long as their essential interests will permit; and are more especially disinclined to become a party to the complicated and general warfare which agitates another quarter of the Globe for the purpose of obtaining a separate and particular object, however interesting to them. It may be intimated at the same time, that in the event of such a crisis as will demand from the United States a precautionary occupation of the Floridas against the hostile designs of Great Britain, it will be recollected with satisfaction that the measure had been contemplated with approbation by His Imperial Majesty.

An immediate seizure of the Floridas, according to your suggestion, would not have his approbation, or perhaps even acquiescence, as may be inferred from the final explanation of Mr. Champagny, namely that it was in the case of an attack on those provinces by Great Britain, and then for their defence only, that the march of American troops into them would not be disagreeable to the Emperor.

Congress closed their Session on the 25 ult. For a general view of their proceedings, I refer to the series of Newspapers heretofore and now forwarded, and to other prints which are added. Among their Acts of Chief importance is that which vests in the President an authority to suspend in whole or in part the Embargo laws.

The conditions on which the suspending authority is to be exercised will engage your particular attention. They appeal equally to the justice and the policy of the two great belligerent powers now emulating each other in violation of both. The President counts on your best endeavors to give to this appeal all the effect possible with the French Government. Mr. Pinkney will be doing the same with that of Great Britain. The relation in which a recall of its retaliating decrees by either power, will place the United States to the other is obvious; and ought to be a motive to the measure proportioned to the desire which has been manifested by each, to produce collisions between the U. States and its adversary: and which must be equally felt by each to avoid one with itself.

Should wiser Councils or increasing distresses induce Great Britain to revoke her impolite [impolitic?] orders against neutral commerce, and thereby prepare the way for a removal of the Embargo as it applies to her, France could not persist in the illegal part of her decrees, if she does not mean to force a contest with the United States. On the other hand should she set the example of revocation Great Britain would be obliged, either by following it, to restore to France the full benefit of neutral trade which she needs, or by persevering in her obnoxious orders after the pretext for them had ceased, to render collisions with the United States inevitable. In every point of view therefore, it is so clearly the sound policy of France to rescind so much at least of her decrees as trespass on neutral rights, and particularly to be the first in taking the retrograde step, that it cannot be unreasonable to expect that it will be immediately taken.

The repeal of her decrees is the more to be expected, above all if Great Britain should repeal or be likely to repeal hers, as the plan of the original decree at Berlin did not extend to a violation of the freedom of the seas, and was restricted to a municipal operation nearly an entire year, notwithstanding the illegal British orders of Jany, 1807; and as a return of France to that restricted scope of her plan, would so immaterially diminish its operation against the British commerce, that operation being so completely in the power of France on land, and so little in her power on the high seas.

But altho’ we cannot of right demand from France more than a repeal of so much of her decrees as violate the freedom of the seas, and a great point will be gained by a repeal of that part of them, yet as it may not have the effect of inducing a repeal of the whole illegal system of the British Government which may seek pretexts; or plead a necessity for counteracting the unprecedented and formidable mode of warfare practiced against her, it will be desirable that as little room as possible should be left for this remaining danger to the tranquil enjoyment of our commercial rights.

In whatever degree the French Government may be led to change its system, you will lose no time in transmitting the information to this Department and to Mr. Pinkney, and by hired conveyances, if necessary. A correspondent instruction is given to Mr. Pinkney.

It is of the greatest importance that you should receive from each other the earliest notice of any relaxations, as each Government is under a pledge to follow such an example by the other. And it is not of less importance that the President or Congress should be acquainted with the facts, that the proceedings here may be accommodated to them.

That you may know the grounds on which the British orders of Novr. have been arraigned by this Government, I inclose a copy of the answer to Mr. Erskine’s note communicating them; a copy of the note being also inclosed.

The other documents communicated will put you in full possession of the relations of the U. States with Great Britain, as resulting from the issue of our general negotiations, and from that of the Mission of Mr. Rose.

The letter from the King of Westphalia to the President having passed thro’ your hands, the answer is herewith inclosed to be forwarded by you.

I learn from the Treasury that no delay arises in settling your ordinary accounts, but from that in receiving the Bankers accounts connected with them. Mr. Gallatin tells me that the accounts under the Louisiana Convention have not yet been taken up, but will be in a few days.

This dispatch is forwarded by Mr. Baker, who takes his passage from Baltimore, in a vessel engaged as was the Osage which sailed from New York, for the special purpose of public and mercantile correspondences with Europe. She will proceed in the first instance to L’Orient where she will leave Mr. Baker, and thence proceed with dispatches for Mr. Pinkney to Falmouth, where she will remain a few days to receive communications from him. She will then return to L’Orient, in order to bring back Mr. Baker with your communications.

TO WILLIAM PINKNEY. d. of s. mss. instr.

Your communications by Lt. Lewis were safely delivered on the evening of the 8th inst.

As it had been calculated that the interval between the return of Mr. Rose and the departure of Lt. Lewis would give sufficient time to the British Government to decide on the course required by the posture in which the affair of the Chesapeake was left, its silence to you on that subject, could not fail to excite the particular attention of the President; and the appearance is rendered the more unfavorable by the like silence, as we learn from Mr. Erskine, of the dispatches brought to him by the Packet which left England and arrived at New York at nearly the same times with the Osage. I have intimated to Mr. Erskine the impressions made by this reserve, without however, concealing our hope that the delay does not imply a final purpose of witholding reparation, and that the next communications from London will be of a different import. They must at least entertain the real views of the British Government on this interesting subject.

There was certainly no just ground for Mr. Canning to expect any particular communications from you on the arrival of the Osage; unless they should have grown out of such accounts from France as would second our demands of justice from Great Britain, particularly the revocation of her orders in Council. And in imparting to him what you did from that quarter, every proof of candor was given which the occasion admitted. If Mr. Canning was disappointed because he did not receive fresh complaints against the orders in Council, he ought to have recollected that you had sufficiently dwelt on their offensive features in the first instance; and that as he had chosen to make the formal communication of them to this Government thro’ another channel, it was thro’ that channel rather than thro’ you that answers to it would be most regularly given. But it cannot be supposed that his disappointment was in the least produced by your reserve on this topic, as indeed is clearly shown by his disinclination to listen to your suggestions with regard to it. It must have proceeded as you seem to have understood from some expectation of proposals having for their basis or their object, arrangements adverse to the enemies of G. Britain, or favorable to herself; an expectation contrary, surely, to all reason and probability under the accumulated injustice which the United States are suffering from British measures, and forming of itself, an additional insult to their just and honorable feelings. A very little reflection ought to have taught the British Cabinet, that no nation which either respects itself or consults the rule of prudence, will ever purchase redress from one of its aggressors by gratifying his animosity against another aggressor; and least of all when a suspicion is authorized that redress is insidiously withheld lest the example should be followed. The communications and instructions forwarded by Mr. Purviance who was a passenger in the St. Michael will enable you to bring the British Government to a fair issue on the subject of its orders. If it has nothing more in view than it is willing to avow, it cannot refuse to concur in an arrangement rescinding on her part the orders in Council, and on ours, the Embargo. If France should concur in a like arrangement, the state of things will be restored which is the alleged object of the orders. If France does not concur the orders will be better enforced by the continuance of the Embargo against her than they are by the British fleet and cruizers, and in the mean time all the benefits of our trade will be thrown into the lap of Great Britain. It will be difficult therefore to conceive any motive in Great Britain to reject the offer which you will have made, other than the hope of inducing on the part of France, a perseverance in her irritating policy towards the United States, and on the part of the latter, hostile resentments against it.

If the British Government should have elected the more wise and more worthy course of meeting the overture of the President in the spirit which dictated it, it is to be hoped that measures will have been taken in concert with you, and thro’ its Minister here, for hastening as much as possible the renewal of the intercourse which the orders and the Embargo have suspended; and thereby smoothing the way for other salutary adjustments.

It appears that the British Government not satisfied with the general blockade by her orders of Nov. 11th, has superadded a particular blockade, or rather a diplomatic notification of an intended one of Copenhagen and the other ports in the Island of Zealand; that is to say, a strict and legal blockade of the whole Island. The Island cannot be much less than two hundred miles in its outline, and is described as abounding in inlets. It is not probable, therefore, if it be possible, that a blockade within the true definition should be carried into effect. And as all defective blockades whether so in the disproportion of force to the object, or in the mode of notification, will authorize fair claims of indemnification, it is the more necessary that guarded answers should be given, in such cases as heretofore suggested.

Since the British order of evidently inviting our Citizens to violate the laws of their Country, by patronizing on the high seas their vessels destitute of Registers and other necessary papers, and therefore necessarily smugglers if not pirates, the circular letter of Mr. Huskisson has made its appearance in which the United States are named as alone within the purview of the order. A more disorganizing and dishonorable experiment is perhaps not to be found in the annals of modern transactions. It is aggravated too by every circumstance that could make it reproachful. It is levelled against a nation towards which friendship is professed, as well as against a law the justice and validity of which is not contested; and it sets the odious example, in the face of the world, directly in opposition to all the principles which the British Government has been proclaiming to it. What becomes of the charge against the United States for receiving British subjects who leave their own Country contrary to their allegiance? What would be the charge against them, if they were by proclamation to invite British subjects, those too expressly and particularly prohibited from leaving their Country, to elude the prohibition; or to tempt by interested inducements a smuggling violation or evasion of laws, on which Great Britain founds so material a part of her national policy? In the midst of so many more important topics of dissatisfaction, this may not be worth a formal representation; but it will not be amiss to let that Government understand the light in which the proceeding is regarded by this. I have already touched on it to Mr. Erskine, with an intimation that I should not omit it in my observations to you.

The French decree, said to have been issued at Bayonne has not yet reached this Country. Such a decree, at such a time, has a serious aspect on the relations of the two Countries, and will form a heavy item in our demands of redress. It is much to be regretted at the same time that any of our vessels by neglecting to return home, and conforming to the arbitrary regulations of one belligerent, should expose themselves to the arbitrary proceedings of another. So strong and general an indignation seems particularly to prevail here against the Americans in Europe who are trading under British licenses, and thereby sacrificing as far as they can the Independence of their Country, as well as frustrating the laws which were intended to guard American vessels and mariners from the dangers incident to foreign Commerce, that their continuance in that career ought to be frowned upon, and their return home promoted in every proper manner. It appears by information from our Consul at Tangier that great numbers of our vessels are engaged in a trade between Great Britain and Spanish ports under licenses from the former, and that the experiment proves as unsuccessful as it is dishonorable; the greater part of them being either arrested in port, or by French Spanuh Crisizers.

For a view of our internal situation I refer you to the information to be collected from the Newspapers and other publications herewith forwarded. They sufficiently explain the spirit and sentiments of the nation with respect to the British and French Edicts, the Embargo, the unexpiated outrage on the Frigate Chesapeake and domestic manufactures; and are little flattering to the hopes, if such have been indulged, that the people of the United States were more ready to sacrifice the national honor and national rights than to acquiesce in a temporary abridgment of their interests or enjoyments.

As it is extremely important, and the President is particularly anxious that the Communications to Congress on the meeting which takes place the first Monday in Nov. should embrace the fullest and most authentic state of our foreign affairs, I must request your particular exertions to enable the present dispatch vessel to return in due time with all the materials you can contribute for that purpose.

The letters received from you not yet acknowledged are of Feby 22 23—March 15, April 24, 25 26 27th—May 3d, 9, 10 12th.

TO JOHN ARMSTRONG. d. of s. mss. instr.

Your dispatches by Lt. Lewis were delivered on the 8th inst.

It is regretted that the interval between his arrival and the date of your letter to Mr. Champagny, during which I presume some verbal intercommunication must have taken place, had produced no indication of a favorable change in the views of the French Government with respect to its decrees; and still more that instead of an early and favorable answer to your letter, it should have been followed by such a decree as is reported to have been issued on the 22d April at Bayonne. The decree has not yet reached the United States; and therefore its precise import cannot be ascertained. But if it should be, as it is represented, a sweeping stroke at all American vessels on the high seas, it will not only extend our demands of reparation, but is rendered the more ominous with respect to the temper and views of the Emperor towards the United States, by the date of the measure.

The arrival of Mr. Baker with my letter of May 2nd, of which a copy is herewith sent, will have enabled you to resume the subject of the Decrees with the fairest opportunity that could be given to the French Government for a change of the unjust and unwise course which has been pursued; and I assure myself that you will not have failed to turn the communications with which you are furnished to the best account. If France does not wish to throw the United States into the War against her for which it is impossible to find a rational or plausible inducement, she ought not to hesitate a moment, in revoking at least so much of her decrees as violate the rights of the sea, and furnish to her adversary the pretext for his retaliating measures. It would seem as if the Imperial Cabinet had never paid sufficient attention to the smallness of the sacrifice which a repeal of that portion of its system would involve, if an Act of justice is to be called a sacrifice.

The information by the return of the Osage from England, is not more satisfactory than that from France. Nothing was said on the subject of the Chesapeake, nor anything done or promised as to the orders in Council. It is probable that further accounts from the United States were waited for, and that the arrival of the St. Michael will have led to a manifestation of the real views of that Government, on those and other subjects. In the mean time it cannot be doubted that hopes were cherished there of some events in this Country favorable to the policy of the orders, and particularly that the offensive language and proceedings of France, would bring on a hostile resistance from the United States; in which case the British Government would be able to mould every thing to its satisfaction. There is much reason to believe that if the British Government should not concur in a mutual abolition of the orders and of the Embargo, it will result from an unwillingness to set an example which might be followed, and might consequently put an end to the irritating career of her enemy on which the insidious calculation is built. Might not use be made of this view of the matter, in those frank and friendly conversations which sometimes best admit topics of a delicate nature, and in which pride and prejudice can be best managed without descending from the necessary level? In every view it is evidently proper, as far as respect to the National honor will allow, to avoid a stile of procedure which might co-operate with the policy of the British Govt, by stimulating the passions of the French.

In an interview which Genl. Turreau asked about a month ago, he complained of the disposition here, as indicated by certain publications, (such as the circular letter of Mr. Burwell and the report of the Committee of the Senate, both of which will be seen by you) to put France au même ligne with Great Britain in aggressions on the United States, insisting that the latter must at least be regarded as the prior as well as the greater wrong doer. He dwelt at the same time on the disposition of his Government to cultivate friendship with this, and added that he was particularly charged to receive any communications or explanations it might be disposed to make, which would evince a corresponding disposition; wishing it, however, to be understood, that he had no allusion to any propositions tending even to an alliance, or any positive arrangements between the two Countries. After this preface, he expatiated on the exclusion of England from the continent of Europe, which would soon be completed by the issue of the Swedish War; and the probability, as an effect of that state of things, and of what was passing in Spain, that her attention would be turned to this continent, to South America, as a Commercial substitute for her loss, and to North America, which could so easily give facilities or obstructions to her revolutionary plans.

It was observed to him, that without discussing the priority of the wrongs we had suffered from the belligerents, they were of sufficient amount from both, to justify the complaints made on our part; that it afforded pleasure nevertheless to find by his assurances that his Government was in so friendly a disposition towards the United States, and that he might be assured that proofs of theirs would keep a reasonable pace with such as might be found in the conduct of his Government towards them; that with respect to declarations or propositions we had none to make different from the explanations which had been from time to time given of our fair neutrality, and of the justice and redress to which we were entitled, particularly in relation to the French Decrees. His observations with respect to the policy of England, resulting from the State of things in Europe, were allowed their full weight and it was equally admitted that the United States would become peculiarly important to G. Britain, from such a change in her system, but a continuance of their neutrality became for the same reason of the greater importance to France and Spain; the more so, as the disposition of the Spanish provinces to look to the auspices of the United States, was so well understood. He was left under the impression, however, that the principles and policy of the United States would sufficiently restrain them from becoming parties against any nation whose just and friendly conduct should leave them to their pacific cause.

I have no doubt that the language he held with respect to manifestations of our friendship was the version made by his prudence of the propositions contained in your letter by Capt. Haley, and that his remarks on the subject of S o . America grew out of the views given latterly in the Newspapers of the interest G. Britain had in making Spanish America the primary object of her operations. His remarks however shew the light in which the subject strikes a French mind, and it is not improbable, especially if the condition of Spain should second the purpose, that you will be able to turn the co-operation which the United States could afford towards a revolution in South America, into a motive to guard against it by a compliance with their reasonable expectations.

In all the conversations which have been held with the French Legation here it has appeared that much juster views are taken by it, of the true interest of France in relation to the United States, than have prevailed in the French Government, and I think it probable that their correspondence has imparted those views. Of late much solicitude seems to have been felt by Genl. Turreau to promote a change in the tone of language as well as of measures, employed towards the United States. As the most likely mode of succeeding in it, Mr. Petrie is about to take, if he can find, a passage to France, where he will be able by personal intercourse, to make impressions not otherwise communicable. . . . 1

TO WILLIAM PINKNEY. d. of s. mss. instr.

Availing myself as heretofore of a British packet from New York, I forward a continuation of the proceedings of Congress, as they will be seen in the prints herewith inclosed, adding at the same time a copy of my last letter which was transmitted thro’ the favor of Mr. Erskine along with some of his dispatches by way of New Brunswick.

You will observe that in pursuance of the resolutions of the House of Representatives not to submit to the Foreign Edicts against our commerce, and to provide further for the security of the Country, a Bill is on its passage, for raising immediately a volunteer force of 50,000 men. This added to other preparations, has induced Mr. Erskine to make it the subject of conversation, in which he alluded to his duty of communicating measures of that character to his Government, and the usage of their being accompanied with such explanations as the Government here might think proper to make on the occasion. He was reminded that we had seen at different times and in different quarters, augmentations of British force in our neighbourhood, without any intimation of its object, or that it had no reference to the United States. But that there was, nevertheless, no hesitation in saying to him, that however desirous the United States might be of preserving peace, the situation in which they found themselves made it their obvious and indispensable duty to be prepared for War; that the perseverance of his Government and that of France in their respective Edicts, especially after the communications which had been made to them and the removal of the very pretexts for such aggressions indicated a spirit of hostility against which it would be the most culpable neglect not to provide; and finally that it would be frankly avowed as was indeed to be inferred from the sentiments expressed by the Legislature, that the time might not be distant when a longer adherence to those Edicts would give them the overt character, as they had long had the real effect of War, and impose on the United States the obligation of vindicating their honor and their rights by other means than had thus far been resorted to. With these observations were mingled explicit assurances of the solicitude of this Country to avoid such an extremity, and of the satisfaction that would be afforded, by any change in the conduct of the belligerent Governments and particularly of his own, which would lay the foundation for amicable adjustment. He signified that it did not lie with him to do more than to give information to his Government leaving to that the inferences and decisions proper to be formed. He expressed, however, his wishes and hopes that any hostile result might be avoided; and alluded, as he had repeatedly done on preceding occasions to the documents explaining what had passed between this Government and France, and to the effect of the proposed non intercourse Act, in sinking the non-importation Act, and the proclamation of July 1807, pointed against G Britain alone, into regulations common to her and her Enemy, as furnishing grounds to which he could not undertake to say that his Government might not be disposed to give a favorable attention.

I have given you this sketch as at once apprizing you of the communication which will of course be made to Mr. Canning, and assisting you in any conversations with him which may ensue.

The impatience under the Embargo, more particularly in Massachusetts, is becoming extremely acute under the artificial excitements given to it; and a preference of war within a very limited period is every where gaining ground. Were it not for the chance of belligerent relaxations, under the influence of the known dispositions and determinations here, and of events in Europe, it is probable that letters of Marque and reprisal would at once be issued. For the present it seems to be in view, to provide for an extra Session of Congress in the Month of May, with an understanding that War will then be the proper course, if no immediate change abroad shall render it unnecessary. What other measures, provisional or positive, may be connected with or added to this extra call of Congress, I do not venture now to anticipate; the less so as the public mind is in a state too impressible to shew in its present temper, what its bias may become in the progress of the Session. It is not improbable that a time would be immediately fixed, at which hostilities should be commenced against the persevering aggression or aggressions, but for the apprehension that the menacing alternative presented by that course might be an obstacle with pride to relaxations not otherwise inadmissible.

TO WILLIAM PINKNEY. d. of s. mss. instr.

I forward by the British Packet about to sail from New York, the printed proceedings of Congress continued from my last communications which bore date on the 3d January.

From these and the antecedent indications, you will deduce the general spirit which actuates the Legislative Councils, under the perplexities incident to the unexampled state of things forced on the United States by the injustice of the belligerent nations.

What particular course may result from the several propositions now depending, cannot with certainty be pronounced; but it may be reasonably presumed that the resolution of the House of Representatives so nearly unanimous, not to submit to the foreign Edicts against our neutral commerce, will be kept in view; and consequently that if our Commercial property be again committed to the ocean, the measure will be accompanied with such regulations as will shew that it is not meant as an acquiescence in those Edicts, but as an appeal to the interest of the aggressors, in a mode less inconvenient to our own interest.

It is equally to be presumed that if the resumed exercise of our rights of navigation on the high seas should be followed by the depredations threatened by an adherence of the belligerents to their respective Edicts, the next resort on the part of the United States will be, to an assertion of those rights by force of Arms, against the persevering aggressor or aggressors.

It may be inferred from the language held by the British Minister here, that an avowal of such a determination in the form even of an Executive opinion, would probably be regarded by his Government as a ground on which it might revoke its orders in Council, consistently with the retaliating principle on which they are alleged to be founded. It must be observed, however, 1st that no authoritative avowal could be made but by the branch of Government charged with the question of War; not to mention that the avowal itself might possibly be construed into a menace, opposing a greater obstacle to a change of policy than the Embargo was represented to be; and 2d that it appears from the condition originally required by the present Cabinet, and repeated by Mr. Canning in his last letter to you of Novemr. 22, that nothing short of an unequivocal repeal of the French decrees, and consequently no course whatever of this Government, not actually producing that effect, will render a repeal of the British orders consistent with the policy which relates to that subject.

Should a policy so destitute of even a shadow of justice or consideration, be relinquished and an expression of the opinion of the Executive branch of our Government be deemed a ground for revoking the British Orders, you will be free to declare that opinion to be, that in case these orders should be revoked, and the Decrees of France continued in force, hostilities on the part of the United States will ensue against the latter, taking care not to attach to the opinion of the Executive any weight inconsistent with the Constitutional limits of his authority.

Whilst it is thought proper to furnish you with these explanations and observations, I am instructed at the same time, to remind you that in the actual posture of things between the two countries, particularly as resulting from the nature of the answer of Mr. Canning of Sept. 23 to the reasonable, candid and conciliatory proposition conveyed in your letter to him of August , it evidently lies with the British Government to resume discussions on the subject of revoking the Orders in Council. It is hoped that in so plain a case, that obligation will be felt. And it is only on a contrary manifestation, that it will be eligible for you to bring the subject into conversation; in doing which, you will not fail to let it be understood as a new and irresistible proof of the desire of the United States to avoid extremities between the two Nations, and to establish that complete reconciliation, towards which an adjustment of that particular difficulty would be so important a step. It is proper to add, that as the pledge of an Executive opinion in such a case, is of an unusual and very delicate character, it will be a reasonable and indispensable preliminary to its being stated in writing, that a satisfactory assurance be given that it will not be without the expected effect.

You will notice that among the measures proposed to be combined with a repeal of the Embargo laws, is a non-intercourse with Great Britain and France, and an exclusion of all armed vessels whatever from our waters. The effect of the first will be to continue the Embargo, so far as it prohibits a direct exportation to the two principal offenders; and to discontinue the importation now permitted, of the productions and manufactures of those Countries, thereby merging for the time, the existing non-importation Act. An effect of the other will be to merge, in like manner, for the time, the exclusion of British ships of war, as a measure unfavorably distinguished between Great Britain and other belligerents. The latter effect may perhaps facilitate amicable arrangements on some of the points in question with that nation. The former will keep in force an appeal to its interest, against a perseverance in the orders in Council; inasmuch as it subjects the supplies from the United States to the expence and delay of double voyages, shuts our markets against her manufactures, and stimulates and establishes permanent substitutes of our own.

You will notice also the Message of the President communicating for publication, your correspondence with Mr. Canning on the subject of conversations preceding your letter to him of August. The message states the cause of the communication. This foreign appeal thro’ the press, to the people against their own Government, has kindled the greatest indignation everywhere; the more so, as the time and place selected, leave no doubt that the object was to foster the discontents breaking out in the State of Massachusetts. But for the difficulty of obtaining from the printer the source from which Mr. Canning’s letter was furnished, and an unwillingness to multiply topics of irritation, it is not improbable that the insult would have been taken up by Congress, in some such manner as the case of Palm, the Austrian Ambassador, in the year 1719 1 was treated by the British Parliament. Much animadversion also has fallen on the outrageous doctrine still maintained by him, that Great Britain has a retaliating right against our commerce, until the French Decrees, altho’ a dead letter, be unequivocally abandoned; as well as on the subterfuge which he applies to the charge of stating to the House of Commons, that no remonstrance or communication had been received from this Government against the orders in Council as if it had been possible for a single hearer to suppose, that he did not mean to affirm that no such remonstrance had been received at all, the sole question of any importance; but merely to distinguish between the receipt of it thro’ you, and thro’ Mr. Erskine, a circumstance of no importance whatever. The resort also to newspaper paragraphs and general rumors as to vessels to be dispatched from this Country with instructions to you, as an explanation of his departure from a regular course of proceeding adopted by himself, is very unworthy the dignity and candor, not to say sincerity, belonging to his station.

The Union is not yet arrived, and has not been heard of since her landing Lt. Gibbon.

I shall write again by the Pacific, a dispatch vessel which will sail from New York in a short time. Before we transmit our communications allotted for that conveyance, it is very desirable that we should receive yours by the Union; and also have the result of the existing deliberations of Congress particularly on the time for repealing the Embargo, and the measures to be connected with the repeal. A vessel, the Mentor, is also engaged at New York, for conveying dispatches to France, and will sail at the same time for L’Orient.

As Congress are to meet again as early as the 4th Monday in May, and with a view to take measures adapted to the then state of things, I need not urge on you the importance of hastening to us every information which may be useful to their deliberations.

TO THOMAS JEFFERSON. mad. mss.

I have rec d your favor of the 19th. You will see in the newspapers the result of the advances made by G. B. Attempts were made to give shapes to the arrangement implying inconsistency and blame on our part. They were, however, met in a proper manner, and readily abandoned, leaving these charges in their full force, as they now bear on the other side. The B. Cabinet must have changed its course under a full conviction that an adjustment with this country had become essential; and it is not improbable that this policy may direct the ensuing negociation, mingling with it, at the same time, the hope that it may embroil us with France. To this use, it may be expected, the Federalists will endeavor to turn what is already done, at the coming session of Cong s . The steps deemed proper to give the proceeding a contrary turn will not be omitted. And if France be not bereft of common sense, or be not predetermined on war with us, she will certainly not play into the hand of her enemy. Besides the general motive to follow the example of G. B. she cannot be insensible of the dangerous tendency of prolonging the commercial sufferings of her Allies, particularly Russia, all of them already weary of such a state of things, after the pretext for enforcing it shall have ceased. She must be equally aware of the importance of our relations to Spanish America, which must now become the great object of Napoleon’s pride and ambition. Should he repeal his decrees with a view to this object, the most probable source of conflict will be in his extending the principle on which he required a prohibition of the Trade with S t Domingo to the case of the Spanish Colonies. Nor is it improbable that he may couple such a requisition with an offer to cede the Floridas, which would present a dilemma not very pleasant.

Accept my sincerest affection highest esteem.

TO THOMAS JEFFERSON. mad. mss.

I am just favored with yours of the 27th. Young Gelston is here, preparing to take his passage for France as bearer and expositor of despatches, in the Syren, sloop of war, which is waiting for him at Baltimore. He leaves this to-morrow morning. Mr. Gallatin has had a conversation with Turreau at his residence, near Baltimore. He professes to be confident that his Gov t . will consider England broken down by the example she has given in repealing her orders, and that the F. decrees will be repealed as a matter of course. His communications by the Syren will, if he be sincere, press the policy of an immediate repeal. No official acc ts . have been received from the French letters of Marque arrived at Boston. The difficulty most likely to threaten our relations with France lies in the effort she may make to render us in some way subservient to the reduction of Spanh. America; particularly by withholding our commerce. This apprehension is corroborated by the language of Turreau. He alluded to his conversations with you relating to Cuba, on which he builds jealousies which he did not conceal. Cuba will, without doubt, be a cardinal object with Napoleon.

The spirit which England will bring into the ulterior negociations must differ much from that which influenced former Treaties, if it can be moulded to our just views; and we must be prepared to meet it with a prudent adherence to our essential interests. It is possible, however, that the school of adversity may have taught her the policy of substituting for her arrogant pretensions somewhat of a conciliating moderation towards the U. S. Judging from the tone lately used, a change of that sort would be the less wonderful. If she can be brought to a fair estimate of her real interest, it seems very practicable to surmount the obstacles which have hitherto kept us at variance, and, until surmounted, must continue to do so. The case of impressments, hitherto the great obstacle, seems to admit most easily of an adjustment, on grounds mutually advantageous.

Y rs . with affectionate respects.

It is understood that the Election in the State of N. York has issued very favorably.

TO MARQUIS DE LAFAYETTE. 1

It is a real mortification to me that another favorable opportunity has occurred without my being able to add a word to what you know on the state of your land affairs in the hands of M r . Duplantier. I have not rec d . a line from him, since He stated the difficulty which had presented itself in the completion of a part of his locations, and the advice of M r . Gallatin relating to it was transmitted to him. I wish he may have written to you through some other channel. As soon as I hear from him I shall endeavor to let you hear from me.

I inclose a paper containing the arrangement concluded with G. Britain on the subject of her orders in council. Gen l . Armstrong is supplied with a copy of them, and will expect from France a revocation of her decrees, in conformity with the recitals on which they are founded, as well as with the considerations of justice, of friendship, and as we conceive of her true interest. It will be a source of deep regret if our dispositions to restore commercial intercourse and maintain in every respect the most fair, and friendly relations consistent with our neutral character, should be met by perseverance in a system, which must necessarily place the U. S. in a very obvious painful dilemma. I indulge a hope that more favorable councils will prevail.

This will be handed to you by M r . Gelston a worthy respectable young man, son of the collector at the Port of New York, also of respectability worth. M r . G. was formerly in M r . Monroe’s family at Paris. He is now charged with despatches from the Dept. of State to Gen l . Armstrong.

Accept my dear Sir assurances of my sincerest friendship and best wishes.

TO THOMAS JEFFERSON. mad. mss.

Your favor of the 22d did not come to hand till the day before yesterday.

It will give me pleasure to take the place of Mr. Barnes in the note to the Bank; the more so as it will, it seems, be a relief to the old gentleman’s pecuniary anxieties. I will have an early communication with him on the subject. I wish the original arrangement had taken the shape now proposed, and hope that you will make free use of my services if they can at any time or in any way be made convenient to your arrangements of money, or other matters.

The new-fangled policy of the federal party, you will have noticed, has made a considerable figure in the newspapers. Some of the Editors are resuming the old cant, and the others will doubtless soon follow the example. Nothing could exceed the folly of supposing that the principles and opinions manifested in our foreign discussions were not, in the main at least, common to us; unless it be the folly of supposing that such shallow hypocrisy could deceive any one. The truth is, the sudden and unlooked-for turn of the B. Cabinet has thrown the party entirely off the centre. They have at present no settled plan. There is reason to believe that the leaders are sound towards England, and much less disposed than heretofore to render our interests subservient to hers. Expressions have been used by one, at least, of the Essex Cabinet, whether sincerely or insidiously may not be absolutely certain, from which it is inferred that a disposition exists in that quarter not even to continue the non-intercourse act ag st France. Certain it is, that the desire of war with her is no longer manifested; that the deficiency of the English markets excites a keen appetite for a trade with the Continent; and that a real uneasiness is felt lest the negotiations with G. B. should end in sacrifices on our part, which they have been reproaching the Administration for not being ready to make. As one proof of their present feelings, the federal leaders shew a marked alienation from Erskine. The Elections in Mass ts , as well as in N. H. and N. Y., have issued unfavorably. But the smallness of the majority, and the overstrained exertions it has required, seem to depress rather than flatter the successful party. No confidence is felt in the permanency of the triumph.

Not a line has been received of late from any one of our foreign agents. All that is known is, therefore, to be gathered from the ordinary and fallacious channels.

Accept my sincerest respects attachment.

TO THOMAS JEFFERSON. mad. mss.

Yours of the 16 th came to hand yesterday. I hope you have not made any sacrifice of any sort to the scruple which has superseded my arrangem t . with M r . Barnes. The execution of it would have been equally accorded with my disposition and my conveniency.

The Gazette of yesterday contains the mode pursued for reanimating confidence in the pledge of the B. Gov t given by M r Erskine in his arrangement with this Gov t . The puzzle created by the order of April struck every one. 1 E. assures us that his Gov t was under such impressions as to the views of this, that not the slightest expectation existed of our fairly meeting its overtures, and that the last order was considered as a seasonable mitigation of the tendency of a failure of the experiment. This explanation seems as extraordinary as the alternatives it shews. The fresh declarations of Mr. E. seem to have quieted the distrust, which was becoming pretty strong; but has not destroyed the effect of the ill grace stamped on the British retreat, and of the commercial rigor evinced by the new and insidious duties stated in the newspapers. It may be expected, I think, that the B. Gov t will fulfil what its Minister has stipulated; and that if it means to be trickish, it will frustrate the proposed negotiation, and then say their orders were not permanently repealed, but only withdrawn, in the mean time.

The only question likely now to agitate Cong s will be on the Bill which opens our ports to French as well as B. ships of war. The Senate have passed it unanimously. Whether the Feds were sincere, or wished the debate, c., to take place in the H. of R, remains to be seen.

TO THOMAS JEFFERSON. mad. mss.

Herewith you will receive a packet, which being wrapt up in a large one for me, from the Dep t of State, was taken out of the mail yesterday, and not observed before the rider had set out.

I find myself under the mortifying necessity of setting out to-morrow morning for Washington. The intricate state of our affairs with England, produced by the mixture of fraud and folly in her late conduct, and the important questions to be decided as to the legal effect of the failure of the arrangement of April on our commercial relations with her, are thought by the Heads of Dep t to require that I should join them. 1 The main question is, whether the non-intercourse act, as continued at the last session, comes into force ag st England, thereby putting her on the same footing with France.

You will see by the instructions to Erskine, as published by Canning, that the latter was as much determined that there should be no adjustment as the former was that there should be one. There must, however, have been other instructions, comprehending the case of the Chesapeake, and other communications from Canning accompanying the British orders of Ap l 26, as referred to in Erskine’s quieting declaration last made to Mr. Smith. I believe, also, that Erskine’s letter to Canning, not disclosed by the latter, will not warrant his ascribing to Erskine the statement of conversations with Mr. G[allatin], Mr. S[mith], and myself. Pinkney will also disavow what Canning has put into his mouth.

I presume, from letters which reached me yesterday, that Mr. Smith has communications from Paris as late as the 10 or 12 of June; whether by the return of Mr. Coles or another conveyance is uncertain. The disavowal in England reached Paris the day after the arrival of the arrangem t transmitted by Mr. Gelston. Our affairs with France had taken no decided turn; owing, as alledged, to the absence and occupation of the Emperor. The return of Gelston will probably put us in possession of a final estimate.

Accept my sincerest respect attach t .

TO MRS. MADISON.

We reached the end of our journey yesterday at one o’clock, without interruption of any sort on the road. Mr. Coles had been here some time, and one, if not two, of the expected despatch vessels of England had just arrived, and Mr. Gelston, after a short passage from France, entered Washington about the moment I did. You may guess, therefore, the volumes of papers before us. I am but just dipping into them, and have seen no one as yet, except Mrs. Smith for a few minutes last evening. What number of days I may be detained here it is impossible to say. The period, you may be sure, will be shortened as much as possible. Everything around and within reminds me that you are absent, and makes me anxious to quit this solitude. I hope in my next to be able to say when I may have this gratification, perhaps also to say something of the intelligence just brought us. I send the paper of this morning, which has something on the subject, and I hope the communications of Gelston will be found more favorable than is stated. Those from England can scarcely be favorable when such men hold the reins. Mr. and Mrs. Erskine are here. His successor had not sailed on the 20th of June.

God bless you, and be assured of my constant affection.

TO THOMAS JEFFERSON. mad. mss.

I got home from my trip to Washington on Saturday last, having remained there three days only. 1 You will have seen in the Procl n issued the result of our consultation on the effect of what has passed on our commercial relation with G. B. The enforcement of the non-intercourse act ag st her will probably be criticized by some friends, and generally assailed by our adversaries, on the ground that the power given to the Ex., being special, was exhausted by the first exercise of it; and that the power having put out of force the laws to which it related, could, under no possible construction, restore their operation. In opposition to this reasoning, it was considered that the act of the last session continuing the non-intercourse no otherwise excepted G. B. than by a proviso that it should not affect any trade which had been or might be permitted, in conformity with the section of the original act authorising a proclamation in favor of the nation revoking its Edicts; and that the proclamation in favor of G. B. was not conformable to that section. It was not so in substance, because the indispensable pre-requisite, a repeal of the Orders in Council, did not take place. It was not so even in form; the law requiring a past and not a future fact to be proclaimed, and the proclamation, on its face, pointing to a future, not to a past fact. This difficulty was felt at the time of issuing the first proclamation; but it yielded to the impossibility of otherwise obtaining, without great delay, the coveted trade with G. B, and an example that might be followed by France; to the idea that the mode in which the repeal, though future, of the orders and of the law, was coupled by the proclamation, might, on the occurrence of the former, give a constructive validity to the latter; and to the opportunity afforded by an intervening session of Cong s for curing any defect in the proceeding. In one respect, it would have been clearly proper for Congress to have interposed its authority, as was frequently intimated to members; that is, to provide for the contingency, not so much of a disavowal by G. B, which was never suspected, as of her not receiving the act of her Minister till after the 10th of June. Congress, however, never could be brought to attend to the subject, although it was pressed by several members, I believe, certainly by Gardenier, 1 on the general ground, that the Procl n , however acceptable, was not in a form, nor under the circumstances, contemplated by law. In some of the instructions given by Mr. Gallatin’s circular, a liberty has been taken having no plea but manifest necessity, and as such will be before Congress.

Erskine is in a ticklish situation with his Gov t . I suspect he will not be able to defend himself against the charge of exceeding his instructions, notwithstanding the appeal he makes to sundry others not published. But he will make out a strong case ag st Canning, and be able to avail himself much of the absurdity and evident inadmissibility of the articles disregarded by him. He can plead, also, that the difference between his arrangem t and the spontaneous orders of Ap l 26 is too slight to justify the disavowal of him. This difference seems, indeed, to limit its importance to the case of Holland, and to consist in the direct trade admitted by the arrangement, and an indirect one through the adjoining ports required by the orders. To give importance to this distinction, the Ministry must avow, what, if they were not shameless, they never w d avow, that their object is not to retaliate injury to an enemy; but to prevent the legitimate trade of the U. S. from interfering with the London smugglers of sugar and coffee.

We are looking out for M r . and M rs . Gallatin every day. Untill they arrive, and we learn also the periods of your being at and absent from Home, we do not venture to fix a time for our proposed visit to Monticello.

Accept my most affectionate respects.

Capt: Coles has been with us since Sunday. I refer to him for the state of our foreign affairs, with which he is especially acquainted, to say more than I cou’d well put on paper.

TO THOMAS JEFFERSON. mad. mss.

I send herewith a few papers which have come to my hands, along with those addressed to myself.

Jackson, according to a note sent from Annapolis, to M r . Smith, was to be in Washington on Friday evening last. The letters from M r Pinkney, brought by him, were dated June 23, and merely rehearsed a conversation with Canning; from which it would seem that C readily admitted that his second condition (Colonial trade) had no connection with the subject, and that it was not to be expected the U. States would accede to the 3 d , (G. B. to execute our laws.) 1 Why, then, make them ultimata? or if not ultimata, why reject the arrangem t of E. for not including them? For as to the first article, if he does not fly from his language to P., the continuance of the non-intercourse against France cannot be denied to be a substantial fulfilment of it. From this view of the matter, it might be inferred that Jackson comes with a real olive in his hand. But besides the general slipperiness of his superior, some ideas fell from him in his conversation with P. justifying distrust of his views.

The bearer of this is M r . Palmer, a young man, respectable I believe, of New York. He is very remarkable as a linguist, and for the most part self-taught. He is perhaps the only American, never out of his own Country, who has dipt as much into the Chinese.

The letter herewith for Capt: Coles, was to have gone by the last mail. If no earlier conveyance sh d . offer I beg the favor of its being sent to the post office in time for the next. Be assured always of my affectionate respects.

As we wish not to be from home, in case any of our friends from Monticello should indulge us with a visit, be so good as to drop us notice of the time.

I have mustered up the weather journals, and w d . send them by the present opp y but that they w d . encumber too much. The fall of water I find has been noted for not more than 7 or 8 years. The other items much longer.

TO ROBERT SMITH. d. of s. mss. miscl. lets.

I have rec d . yours of the 11 th . with the papers to which it refers. The determination of Jackson to withold even informal intimations of his authorized communications previous to the ceremony of his reception, and his apparent patience under the delay of this preliminary, are sufficient proofs that the instructions are not of a nature to produce a conciliatory effect, and much less to change the present commercial relations of the two countries. He can have no motive therefore to hasten a disclosure of them, and a very ardent one to suspend unwelcome propositions, which if not changed by his Gov t . may as well be made hereafter; and which if changed under the influence of events, will not, in that case, have betrayed the temporizing policy by which it is governed. If it were not our real desire to bring about a reconciliation on just grounds, it might not be amiss, to lay him as soon as possible under the necessity of coming out with the explanation of his errand, and thereby turning the pride of his Gov t . more more ag st the course which justice prescribes. But as reconciliation is our real object, it may suit us as well as the other party, to allow some opportunity for re-consideration; altho’ I am aware that in so doing, our dispositions may be misinterpreted by the ignorant, and misrepresented by the wicked. Viewing the subject in this light I think it will be most becoming, as it will certainly be most convenient to myself, not to change the intended time of my return to Washington. You may therefore, if you think proper, let M r . Erskine understand that I shall probably be in Washington ab t . the first of October; or possibly a few days sooner or later, as circumstances may induce. As Jackson has not manifested any solicitude on this point, has no personal accomodation at stake, there is the less occasion to add any thing to what you have already signified to him, unless indeed it were in some very incidental way. From the character of the man, and the temper of his superiors, any thing beyond that politeness which explains itself, and is due to ourselves, is more likely to foster insolence than to excite liberality or good will. I return herewith the last letter from Gen l . Turreau. He must know that the request relating to the disposition of the crew of the Cerbeau (?) can not be granted; and that no proceedings with respect to the vessel can take place, but in pursuance of the law of nations, or of the leges loci. Accept my affectionate respects.

TO MRS. MADISON. 1

Yours of the 1st instant my dearest gives me much happiness but it cannot be complete till I have you again with me. Let me know the moment you can of the time you will set out that I may make arrangements for paying the Dr. c. My tob has been sold in Ricd but unfortunately the bills are not yet come on are on N. York at 60 days so that some recognition will be necessary. I did not expect you would receive much from your Tenants. Dont forget to do something as to insuring the buildings. Your question as to Spain England is puzzling, as one gets into ill humor it is possible the other may change her countenance. If a general war takes place in Europe Spain will probably be less disposed to insult us England less sparing of her insults whether a war will be forced by either is more than can be foreseen. It certainly will not if they consult their interest. The power of deciding questions of war providing measures that will make or meet it is with Congress that is always our answer to Newspapers. Madam T[urreau] is here the General not. Your friends are all well except Capt T[ingey] who has been in extreme danger but is mending. Mrs T also has been unwell. I enclose a letter from Payne one from Mrs R. Miss P. postscript makes my mouth water. Cousin Isaac’s would too, if he had ever had the taste which I have had.

TO THOMAS JEFFERSON. 1

I received your letter from Eppington. I had not heard that either the Attorney General or the Governor of Illinois meant to resign.

Inclosed are several letters for you, received from France by the return of the Wasp. You will see the propriety of my adding one to myself from M r . Short, to be returned after perusal. Our information from Paris, of the 19th of September, gives no countenance to the rumoured renewal of hostilities in Austria. The delay of peace in form alone keeps alive such rumours. But why should such an event flatter the hopes of G. Britain? According to all the lessons of experience, it would quickly be followed by a more compleat prostration of her Ally. Armstrong had forwarded to the French Court the measure taken here in consequence of the disavowal of Erskine’s arrangement, but there had not been time for an answer. The answer to the previous communication had been, let England annul her illegal blockade of France, and the Berlin decree will be revoked; let her then revoke her orders of November, and the Milan decree falls, of course. This state of the question between the two powers would promise some good, if it were ascertained that by the blockade of France previous to the Berlin decree was meant that of May, extending from the Elbe to Brest, or any other specific act. It is to be feared that there is an intentional obscurity, or that an express and general renunciation of the British practice is made the condition. From G. Britain we have only newspaper intelligence. The change in the Ministry seems likely to make bad worse, unless we are to look for some favorable change in the extremity to which things must rapidly proceed under the quackeries and corruptions of an administration headed by such a being as Perceval. Jackson is proving himself a worthy instrument of his patron, Canning. We shall proceed with a circumspect attention to all the circumstances mingled in our affairs, but with a confidence, at the same time, in a just sensibility of the nation to the respect due to it.