The New Hampshire Gazette

DOCUMENTS.
Accompanying the President's message
Letters from Mr Monroe to Mr. Russell charge des affaires in Great Britain,
Extract of a letter from Mr. Monroe to Mr Russell, dated June 26 1812.
"This letter is committed to Mr. Foster, who has promised to deliver it to you in safety
On the 18th of this month a declaration of war against Great-Britain passed Congress. I send you a copy of the President's message, and of the report of the Committee of Foreign Relations, which brought the subject consideration.
This measure has been produced by the continued aggression of the British government on the rights of the United States, and the presumption arising from that and other facts, which it is unnecessary to recite, that no favorable change of policy might be expected from it. It was impossible for the United States to surrender their rights, by relinquishing the ground which they had taken, and it was equally incompatible with their interests and character to rely longer on measures which had failed to accomplish their objects. War was the only remaining alternative, and that being clearly ascertained, you will find by the documents transmitted that it was adopted with deliberation.
As war has been resorted to from necessity, & of course with reluctance, this government looks forward to the restoration of peace with much interest, and a sincere desire to promote it on conditions, just equal and honorable to both the parties. It is in the power of Great Britain to terminate the war on such conditions, and it would be very satisfactory to the President to meet it in arrangements to that effect.
Although there are many just and weighty causes of complaint against Great-Britain, you will perceive by the documents transmitted, that the orders in council and other blockades illegal, according to the principles lately acknowledged, and the impressment of our seamen, are considered to be of the highest importance. If the orders in council are repealed, & no illegal blockades are substituted to them, and orders are given to discontinue the impressment of our seamen from our vessels, and restore those already impressed, there is no reason why hostilities should not immediately cease. Securing these objects, you are authorized to stipulate an armistice, to commence from the signature of the instrument providing for it, or at the end of fifty or sixty days, or other the shortest term the British government will assent to. Definitive arrangements will be made on these and every other difference by a treaty, to be concluded either here or at London, though it is much desired that the subject should be entered on in this city.
As an inducement to the British government to discontinue the practice of impressment from our vessels, you may give assurance that a law will be passed (to be reciprocal) to prohibit the employment of British seamen in the public or commercial service of the United States. There can be no doubt that such an arrangement would prove much more efficacious in securing to Great. Britain her seamen, than the practice to which it is proposed to be a substitute, independent of all the objections to it.
Indemnity for injuries received under the orders in council, and other edicts violating our rights, seems to be incident to their repeal ; but the President is willing that the consideration of that claim should not be pressed at this time, so as to interfere with the preliminary arrangement alluded to. It will be proper to bring it into view merely to show that it is expected that provision will be made for it in the treaty which is to follow. Every other interest may also be provided for at the same time.
It is hoped that the British government will find it consistent with its interest and honor, to terminate the war by an armistice in the manner and on the conditions proposed. In so doing, it will abandon no right, it will sacrifice no interest ; it will abstain only from violating our rights. and, in return, it will restore peace with the power from whom, in a friendly commercial intercourse, many advantages will be derived, not to mention the injuries which cannot fail to result from prosecution of the war."
MR. MONROE TO MR. RUSSELL,

Dated, Department of State, July 27, 1812.

Sir—I wrote you on the 26th of June, by Mr. Foster, a letter which he promised to deliver to you in person or by a safe hand. In that letter you were informed, that the orders in council and other illegal blockades, and the impressment of our seamen by Great-Britain, as you well knew before, were the principal causes of the war, and that if they were removed, you might stipulate an armistice, leaving them and all other grounds of difference, for final and more precise adjustment by a treaty.

As an inducement to the British government to discontinue the practice of impressment from our vessels by which alone our seamen can be made secure, you were authorized to stipulate a prohibition by law, to be reciprocal, of the employment of British seamen in the public or commercial service of the United States. As such an arrangement which might be made completely effectual and satisfactory by suitable regulations and penalties, would operate almost exclusively in favor of Great Britain, for as few of our seamen ever enter voluntarily into the British service, the reciprocity would be nominal; its advantage to Great-Britain would be more than an equivalent for any she derives from impressment, which alone ought to induce her to abandon the practice, if she had no other motive for it. A stipulation to prohibit by law the employment of British seamen in the service of the United States, is to be understood in the sense and spirit of our constitution. The passage of such a law must depend of course on Congress, who, it might reasonably be presumed, would give effect to it.

By authorizing you to secure these objects as the grounds of an armistice, it was not intended to restrict you to any precise form in which it should be done. It is not particularly necessary that the several points should be specially provided for in the convention stipulating the armistice. A clear and distinct understanding with the British government on the subject of impressment, comprising in it the discharge of men already impressed, and on future blockades, if the orders in council are revoked, is all that is indispensable. The orders in council being revoked, and the proposed understanding on the other points, that is, on blockades and impressment, being first obtained, in a manner, though informal, to admit of no mistake or disagreement hereafter, the instrument providing for the armistice may assume a general form, especially if more agreeable to the British government. It may for example be said in general terms, "that both powers being sincerely desirous to terminate the differences which unhappily subsist between them, and equally so, that full time should be given for the adjustment thereof, agree, 1st, that an armistice shall take place for that purpose to commence on the day & 2. That they will forthwith appoint on each side commissioners with full power to form a treaty, which shall provide, by reciprocal arrangements, for the security of their seamen from being taken or employed in the service of the other power, for the regulation of their commerce and all other interesting questions now depending between them. 3. The armistice shall not cease without a previous notice by one to the other party of days, and shall not be understood as having other effect than merely to suspend military operations by land and by sea."

By this you will perceive that the President is desirous of removing every obstacle to an accommodation which consists merely of form, securing in a safe and satisfactory manner the rights and interests of the United States in these two great and essential circumstances, as it is presumed may be accomplished by the proposed understanding; he is willing that it be done in a manner the most satisfactory and honorable to Great Britain as well as to the United States.

I have the honor to be, &c.

(Signed) JAMES MONROE.

MR. GRAHAM TO MR. RUSSELL,

Dated Department of State, August 9th, 1812.

Sir—The Secretary left this city about ten days ago on a short visit to Virginia—Since that period Mr Baker has, in consequence of some dispatches from his government addressed to Mr. Foster, made to me a communication respecting the intentions of his government as regards the orders in council. It was of a character, however, so entirely informal and confidential that Mr Baker did not feel himself at liberty to make it in the form of a note verbal or memorandum, or even to permit me to take a memorandum of it at the time he made it. As it authorizes an expectation that something more precise and definite, in an official form, may soon be received by this government, it is the less necessary that I should go into an explanation of the views of the President in relation to it, more particularly as the Secretary of State is daily expected and will be able to do it in a manner more satisfactory.

I refer you to the enclosed papers for information: as to the maritime & military movements incident to the war, and will add, that the President is anxious to know as soon as possible the result of the proposals you were authorized to make to the British government respecting an armistice. He considers them so fair and reasonable that he cannot but hope that they will be acceded to, and thus be the means of hastening an honorable and permanent peace.

I have the honor to be, &c.

(Signed) JOHN GRAHAM.

MR. GRAHAM TO MR RUSSELL,

Dated Department of State, August 10, 1812.

Sir—Thinking that it may possibly be useful to you, I do myself the honor to enclose a memorandum of the conversation between Mr Baker and myself, alluded to in my letter of yesterday's date. From a conversation with Mr. Baker since this memorandum was made, I find that I was correct in representing to the President that the intimation from Mr Foster and the British authorities at Halifax was to be understood as connected with a suspension of hostilities on the frontiers of Canada.

I have the honor, &c.

(Signed) JOHN GRAHAM.

Memorandum referred to in the above letter.

Mr. Baker verbally communicated to me for the information of the President, that he had received dispatches from his government addressed to Mr Foster, dated (I believe, about the 17th June from which he was authorized to say, that an official declaration would be sent to this country, that the orders in council, so far as they affected the U. States. would be repealed on the first Aug. to be revived on the first of May 1813, unless the conduct of the French government and the result of the communications with the American government should be such as, in the opinion of His Majesty, to render their revival unnecessary. Mr Baker moreover stated, that the orders would be revived, provided the American government did not, within fourteen days after they received the official declaration of their repeal admit British armed vessels into their ports, and put an end to the restrictive measures which had grown out of the orders in council.

The dispatches authorizing this communication to the American government expressly directed that it should be made verbally. and Mr. Baker did not consider himself at liberty to reduce it to writing, even in the form of a note verbal or memorandum or to suffer me to take a memorandum of his communication at the time he made it. I understood from him, that the dispatches had been opened by Mr Foster at Halifax, who in consequence of a conversation he had had with Vice Admiral Sawyer and Sir John Sherbrooke, had authorized Mr Baker to say that these gentlemen would agree, as a measure leading to a suspension of hostilities. that all captures made after a day to be fixed, should not be proceeded against immediately, but. be detained to await the future decision of the two governments. Mr Foster had not seen Sir George Prevost, but had written to him by express, and did not doubt but that he would agree to an arrangement for the temporary suspension of hostilities. Mr. Baker also stated that he had received an authority from Mr Foster to act as charge des affaires, provided the American Government would receive him in that character, for the purpose of enabling him officially to communicate the declaration which was to be expected from the British government : his functions to be understood, of course, ceasing on the renewal of hostilities. I replied, That although to so general and informal a communication, no answer might be necessary, and certainly no particular answer expected yet, I was authorized to say that the communication is received with sincere satisfaction, as it is hoped that the spirit in which it was authorized by his government may lead to such further communications as will open the way, not only for an early and satisfactory termination of existing hostilities, but to that entire adjustment of all the differences which produced them, and that permanent peace and solid friendship which ought to be mutually desired by both countries and which is sincerely desired by this. With this desire, an authority was given to Mr. Russell on the subject of an armistice as introductory to a final pacification, as has been made known to Mr. Foster, and the same desire will be felt on the receipt of the further and more particular communications which are shortly to be expected with respect to the joint information from Mr. Foster and the British authorities at Halifax on the subject of suspending judicial proceedings in the case of maritime captures, to be accompanied by a suspension of military operations.

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

THE SECRETARY OF STATE TO MR RUSSELL

Dated Department of State, August 21, 1812.

(Extract)—My last letter to you was of the 27th July, and was forwarded by the British packet, the Athena, under the special protection of Mr. Baker. The object of that letter, and of the next preceding one of the 26th of June, was to invest you with power to suspend by an armistice, on such fair conditions as it was presumed could not be rejected, the operation of the war, which had been brought on the U States by the injustice and violence of the British government. At the moment of the declaration of war, the President, regretting the necessity which produced it, looked to its termination and provided for it, and happy will it be for both countries, if the disposition felt, and the advance thus made on his part, are entertained and met by the British government in a similar spirit.

You have been informed by Mr. Graham of what passed in my late absence from the city, in an interview between Mr. Baker and him, in consequence of a dispatch from the British government to Mr. Foster, received at Halifax, just before he sailed for England, and transmitted by him to Mr. Baker relating to a proposed suspension or repeal of the British orders in council ; You will have seen by the note forwarded to you by Mr. Graham, of Mr. Baker's communication to him. that Mr. Foster had authorized him to state, that the commanders of the British forces at Halifax would agree to a suspension, after a day to be fixed, of the condemnation of prizes, to await the decision of both governments, without however preventing captures on either side. It appears also, that Mr. Foster had promised to communicate with Sir George Prevost, and to advise him to propose to our government an armistice.

Sir George Prevost has since proposed to General Dearborn, at the suggestion of Mr. Foster, a suspension of offensive-operations by land, in a letter which was transmitted by the General to the Secretary at War. A provisional agreement was entered into between General Dearborn and Col Baynes. the British adjutant general, bearer of Gen. Prevost's letter, that neither party should act offensively, before the decision of our government should be taken on the subject

Since my return to Washington, the document alluded to in Mr Foster's dispatch as finally decided on by the British government, has been handed to me by Mr. Baker. with a remark, that its authenticity might be relied on. Mr. Baker added, that it was not improbable, that the admiral at Halifax might agree likewise to a suspension of captures, tho' he did not profess or appear to be acquainted with his sentiments on that point.

On full consideration of all the circumstances which merit attention, the President regrets that it is not in his power to accede to the proposed arrangement. The following are among the principal reasons which have produced this decision.

1st. The President has no power to suspend judicial proceedings on prizes. A capture, if lawful, vests a right, over which he has no control Nor could he prevent captures otherwise than by an indiscriminate recall of the commissions granted to our privateers, which he could not justify under existing circumstances.

2d. The proposition is not made by the British government, nor is there any certainty that it would be approved by it. The proposed arrangement, if acceded to, might not be observed by the British officers themselves,if their government in consequence of the war should give them instructions of a different character, even if they were given without a knowledge of the arrangement.

3d. No security is given, or proposed as to the Indians, nor could any be relied on. They have engaged in the war on the side of the British government, and are now prosecuting it with vigor, in their usual savage mode. They can only be restrained by force, when once let loose. and that force has already been ordered out for the purpose.

4th. The proposition is not reciprocal because it restrains the United States from acting where their power is greatest,and leaves Great Britain at liberty, and gives her time to augment her forces in our neighborhood

5th. That as a principal object of the war is to obtain redress against the British practice of impressment, an agreement to suspend hostilities, even before the British Government is heard from on that subject. might be considered relinquishment of that claim,

6th. It is the more objectionable, and of less importance, in consideration of the instructions heretofore given you, which if met by the British Government, may have already produced the same result in a greater extent and more satisfactory form.

I might add, that the declaration itself is objectionable in many respects. particularly the following. it because it asserts a right in the British Government to restore the Orders in Council, or any part thereof, to their full effect on a principle of retaliation on France, under circumstances of which he alone is to judge; a right which this Government cannot admit, especially in the extent heretofore claimed and acted on by the British Government.

2d. That the repeal is founded exclusively on the French Decree of 28th of April 1810, by which the repeal of the Decrees of Berlin and Milan, announced on the 9th August 1810, to take effect on the 1st of November of that year at which time their operation actually ceased is disregarded. as are the claims of the United States arising from the repeal on that day,even according to the British pledge.

3d. That even if the United States had no right to claim the repeal of the British Orders in council prior to the French Decree of the 28th April 1810, nor before the notification of that decree to the British Government on the 20th of May, of the present year, the British repeal ought to have borne date from that day, and been subject to none of the limitations attached to it.

These remarks on the declaration of the Prince Regent, which are not pursued with rigour, nor in the full extent which they might be, are applicable to it in relation to the state of things which existed before the determination of the United States to resist the aggressions of the British Government by war. By that determination the relations between the two countries have been altogether changed, & it is only by a termination of the war, or by measures leading to it by consent of both governments, that its calamities can be closed or mitigated.

It is not now a question whether the declaration of the Prince Regent is such as ought to have produced a repeal of the non importation act had war not been declared because by the declaration of war, that question is superseded and the non importation act having been continued in force by Congress, and become a measure of war, and among the most efficient, it is no longer subject to the controul of the executive in the sense. and for the purpose for which it was adopted...

The declaration however, of the Prince Regent will not be without effect By repealing the Orders in Council without reviving the blockade of May 1806 or any other illegal blockade, as is understood to be the case, it removes a great obstacle to an accommodation. The President considers it an indication of a disposition in the British Government to accommodate the differences which subsist between the countries and I am instructed to assure you, that, if such disposition really exists, and is persevered in and is extended to other objects especially the important one of impressment. a durable and happy peace and reconciliation cannot fail to result from it.

Letters of Mr Russell to the Secretary of State

MR. RUSSELL TO MR. MONROE

London, June 26, 1812.

Sir—I have the honor to hand to you herein. an order of council of the 23d. of this month revoking the orders in council of the 7th of January 1807, and of the 26th of April 1809.

To this decree I have added copies of two notes of the same date from Lord Castlereagh; accompanying the communication of it to me, and also a copy of my answer.

With great respect and consideration, I am, Sir. your very faithful servant,

JONATHAN RUSSELL.

The Honorable James Monroe.

Lord Castlereagh to Mr. Russell.

Foreign Office June 23, 1812.

Sir -I am commanded by the Prince Regent to transmit to you, for your information, the enclosed printed copy of an order in council, which his Royal Highness, acting in the name, and on the behalf of his Majesty, was this day pleased to issue for the revocation (on the conditions therein specified) of the Orders in Council, of the 17th January, 1807, and of the 26th of April, 1809, far as may regard American vessels and their cargoes, being American property, from the 1st of August next.

I have the honor to be, with great consideration; Sir, your most obedient and humble servant, (Signed) CASTLEREAGH.

Jonathan Russell, Esq- &c. &c.

Lord Castlereagh to Mr: Russell.

Foreign Office, June 23d, 1812.

SIR—In communicating to your government the order in council of this date, revoking (under certain conditions therein specified) those of January 7th and of April 26th, 1809, I am to request that you will at the same time acquaint them that the prince regent's ministers have taken the earliest opportunity, after the resumption of the government to advise his royal highness to the adoption of a measure grounded upon the document communicated. by you to this office on the 20th ultimo ; and his royal highness hopes that this proceeding on the part of the British government may accelerate a good understanding on all points of difference between the two states.

I shall be happy to have the honor of seeing you at the foreign office, at 2 o'clock to.morrow : and beg to apprize you that one of his majesty's vessels will sail for America with the dispatches of the government in the course of the present week.

I have the honor to be, with great consideration, Sir, your most obedient and humble servant, (Signed) CASTLEREAGH.

J. Russell, Esq. &c

Mr. Russell to Lord Castlereagh.

18. Bentick Street, June 26, 1812

My Lord -I have the honor to acknowledge the receipt of the two notes addressed to me by your Lordship, on the 23d, of this month, enclosing an Order in Council issued that day, by His Royal Highness the Prince Regent. acting in the name and on the behalf of His Britannick Majesty. for the revocation (on the conditions therein specified) of the Orders in Council of the 7th of January 1807, and of the 26th of April 1809, so far as may regard American vessels and their cargoes, being American property,from the first of August next.

In communicating this document to my government, I shall, with much satisfaction, accompany it with the hopes which you state to be entertained by his royal highness the Prince Regent. that it may accelerate a good understanding on all points of difference between the two states. I am the more encouraged to believe that these hopes will not be disappointed from the assurance which your lordship has been pleased to give me in the conversation of this morning, that. in the opinion of your lordship the blockade of the 16th of May, 1806. had been merged in the orders in council, now revoked and extinguished with them; and that no condition contained in the order of the 23d inst. is to be interpreted to restrain the government of the U. States from the exercise of its right to exclude British armed vessels from the harbors and waters of the United States whenever there shall be special and sufficient cause for so doing, or whenever such exclusion shall, from a general policy, be extended to the armed vessels of the enemies of Great Britain This assurance I am happy to consider as evidence of a conciliatory spirit which will afford, on every other point of difference, an explanation equally frank & satisfactory.

I am, my lord, with great consideration, your lordship's most obedient servant,

(Signed)

JONA, RUSSELL.

The right honorable Lord viscount Castlereagh

(To be continued)