The National Intelligencer And Washington Advertiser

It is rumored about that admiral Berkeley is endeavoring to throw the blame attached to the late murder of our citizens on board the Chesapeake from his own shoulders on those of Humphreys. Berkeley has, we have learnt, written letters to B. relay, the British consul at New York, wherein he denies that he intended to authorise violence against the American frigate. This writing of letters to the British agents at Boston and New York manifests a little fear on the part of the English admiral, lest the English ministry, to answer their own purposes and to satisfy the just demands of America, might hang him. However, whether it was Humphreys or Berkeley, the case is the same to America; our citizens were murdered and our flag insulted-- But as a matter of curiosity, it may be worth while to bring into view again the order issued by Berkeley at Halifax. That part of it under which Humphreys may be supposed to have conceived himself authorised to use force to compel acquiescence in a search, follows:

"The captains and commanders of his majesty's ships and vessels under my command, are hereby required and directed, in case of meeting with the American frigate Chesapeake at sea, and without the limits of the U. States, to show to the captain of her this order, and to require to search his ship for the deserters from the before mentioned ships, and to proceed and search for the same."

Now, Berkeley is said to contend that by this language he meant nothing more than that a requisition should be made to search for the men, and in case of refusal that then the question should be referred to the two governments. But although we shall always believe Humphreys to have acted like a barbarian and an assassin, yet we are of opinion that Berkeley's order was intended and does authorise force. The words are, "to require (of the American commander) to search his ship for deserters:" and then, without any instructions how to act in case of refusal, directs the British officer "to proceed and search for the same." Here are two things specified. 1st. To require the permission to search: and 2d. To "proceed and search." The command in each case is hostile. Humphreys performed the first, and on being denied, "proceeded" to perform the second, to the execution of which violence was necessary. It we take into consideration, that the case had already been partly discussed between our government and Mr. Erskine; and that the proper channel of communicating the circumstance to the English government was through Mr. H. Berkeley's explanation appears puerile. The men having been demanded and refused, which is noticed in the order itself, is sufficient to show that the order was issued in consequence of that refusal, and that the intention was to take by force what was denied to the British officers, consul, and minister.

American.