I have the honor to be, with the highest consideration and respect, sir, your most obedient humble servant, AUG. J. FOSTER, To the honorable James Monroe, &c. &c. &c. MR. MONROE TO MR. FOSTEL. sir, the information that in a frank and unambigu- I need not repeat to you, sir, what sincere satis ous manner, the chief of the French government faction it would give me if without the sacrifice of had revoked his decrees. Why he should not do so the essential rights and interests of Great Britain is inexplicable if he means to revert to the ordinary all the points in discussion between our two coun rules of war, but while he exercises such despotic tries could be finally adjusted. sway wherever his influence extends, to ruin the resources of England, it cannot be expected that Great Britain shall not use the means she possesses for the purpose of making him feel the pressure of his own system. There is every reason to believe that ere long the effects on the enemies of Great Britain will be such as irresistibly to produce a Department of State, Oct. 29, 1811. change which will place commerce on its former SIR- have had the honor to receive your letter basis. In the mean time, sir, I hope you will not of the 22d of this month, and to lay it before the think it extraordinary if I should contend that the president. seizure of American ships by France, since No- The assurance which you have given of your vember 1, and the positive and unqualified declara- disposition to reciprocate, in our communications tions of the French government, are stronger on the important subjects depending between our proofs of the continued existence of the French governments the respectful attention which each decrees and the bad faith of the ruler of France, has a right to claim, and that no departure from it than the restoration of five or six vessels, too pal- was intended in your letter of the 26th July, has pably given up for fallacious purposes or in testimo- been received with the satisfaction due to the frank ny of his satisfaction at the attitude taken by Ame- and conciliatory spirit in which it was made. rica, is a proof of their revocation, or of his return to the principles of justice. I learn, however, with much regret, that you have received no instructions from your governI will only repeat, sir, in answer to your obser- ment founded on the new proof of the revocation vations on the late condemnation of the ships taken of the Berlin and Milan decrees, which was comunder his majesty's orders in council, what I have municated to the marquis of Wellesley by the already had the honor to state to you, that the delay American charge des affaires at London, in a docu which took place in their condemnation was not in ment of which I had the honor to transmit to you a consequence of any doubt existing in his majesty's copy. It might fairly have been presumed as I have government, as to whether the French decrees before observed, that the evidence afforded by that were revoked, as you seem to imagine, but in con- document, of the complete revocation of those desequence of its being thought that the American crees, so far as they interfered with the commerce government, upon its appearing that they were of the United States with the British dominions, deceived by France, would have ceased their inju- would have been followed by an immediate repeal rious measures against the British commerce. A of the orders in council. From the reply of the considerable time elapsed before the decision marquis of Wellesley, it was at least to have been took place on those ships, and there is no doubt, expected that no time had been lost in transmitting but that had the United States' government not that document to you, and that the instructions persisted in their unfriendly attitude towards Great accompanying it would have manifested a change Britain on discovering the ill faith of France, a in the sentiments of your government on the subspirit of conciliation in his majesty's government ject. The regret therefore cannot but be increaswould have caused their release. ed in finding that the communication which I In reply to your observations on the pretensions had the honor to make to you, has not even had of Great Britain relative to the revocation of the the effect of suspending your efforts to vindicate French decrees, I beg to repeat that the sum of the the perseverance of your government in enforcing demand made by England is that France should those orders. follow the established laws of warfare as practised I regret also to observe, that the light in which in former wars in Europe. Her ruler by his decrees you have viewed this document, and the remarks of Berlin and Milan declared himself no longer which you have made on the subject generally, bound by them, he has openly renounced them in seem to preclude any other view of the conditions his violent efforts to ruin the resources of Great on which those orders are to be revoked, than Britain, and has trampled on the rights of indepen- those that were furnished by your former commudent nations to effect his purpose. If the French nications. You still adhere to the pretension government make use of means of unprece- that the productions and manufactures of Great dented violence to prevent the intercourse of Eng- Britain, when neutralized, must be admitted into land with unoffending neutrals, can it be expected the ports of your enemies. This pretension, howevthat England should tamely suffer the establishment er vague the language heretofore held by your gov of such a novel system of war without retaliation, vernment, particularly by the marquis of Wellesand endeavoring in her turn to prevent the French ley, in his communications with Mr. Pinkney on from enjoying the advantages of which she is un- the subject, was never understood to have been emlawfully deprived? braced. Nothing indeed short of the specific de. clarations which you have made, would have induced a belief that such was the case. I have the honor to be, &c. &c. Having explained already the situation in which the question of the blockade of May 1806, rests according to the views of his majesty's government, and the desire of Great Britain to conduct her systein of blockade according to the laws of nations, I will only advert to it on this occasion for the purpose of taking the liberty of acknowledging to you the very great pleasure I received from the highly honorable mark of respect which you have taken the occasion to express for the illustrious stateman from whose counsels that measure emanated. (Signed) JAS. MONROE. Augustus J. Foster, Esq. &c. &c. &c. MR. FOSTER TO MR. MONROE. Washington, October 31, 1811. vations contained in your letter of the first instant Sir-I did not reply at great length to the obser on the pretensions of Great Britain as relative to the French system, because you seemed to me to France a navy at his command equal to the enforchave argued as if but a part of the system contin- ing of his violent decrees, he would soon show ued, and even that part had ceased to be consider-that part of them to be no dead letter. The prined as a measure of war against Great Britain. For ciple is not the less obnoxious because it is from me to have allowed this, would have been at once necessity almost dormant for the moment, nor to allow in the face of facts that the decrees of ought it therefore to be less an object to be strenuFrance were repealed, and that her unprecedented ously resisted. Allow me, sir, here to express my sincere regret measures, avowedly pursued in defiance of the laws of nations were become mere ordinary regulations that I have not as yet been able to convince you, by of trade. I therefore thought fit to confine my an- what I cannot but consider the strongest evidence, swer to your remarks, to a general statement of the of the continued existence of the French decrees, sum of the demands against Great Britain, which and consequently of the unfriendly policy of your was, that France should by effectually revoking government in enforcing the non-importation against her decrees revert to the usual method of carrying us and opening the trade with our enemies. His royal highness will, I am convinced, learn with unon war as practised in civilized Europe. The pretension of France to prohibit all com-feigned sorrow, that such continues to be still the merce in articles of British origin in every part of determination of America, and whatever restricthe continent is one among the many violent inno-tions on the commerce enjoyed by America in his vations which are contained in the decrees, and majesty's dominions may ensue on the part of G. which are preceded by the declaration of their being Britain, as retaliatory on the refusal by your gofounded on a determination of the ruler of France, vernment to admit the productions of Great Britain as he himself avowed, to revert to the principles which characterised the barbarism of the dark ages, and to forget all ideas of justice and even the common feelings of humanity in the new method of carrying on war adopted by him. while they open their harbors to those of his majesty's enemies, they will, I am persuaded, be adopted with sincere pain, and with pleasure relinquished whenever this country shall resume her neutral position and impartial attitude between the two belligerents. I have the honor to be, with the greatest consi deration and respect, sir, your most obedient hum AUG. J. FOSTER. To the hon. James Monroe, &c. &c. &c. It is not however a question with Great Britain of mere commercial interest, as you seem to suppose, which is involved in the attempt by Bonaparte to blockade her both by sea and by land, but one of ble servant, feeling and of national honor, contending as we do against the principles which he professes in his new system of warfare. It is impossible for us to submit to the doctrine that he has a right to compel the whole continent to break off all intercourse with us, and to seize upon vessels belonging to neutral nations upon the sole plea of their having visited an English port, or of their being laden with articles of British or colonial produce in whatsoever manner acquired. OCCUPATION OF FLORIDA. MR. FOSTER TO MR. MONROE. the Washington, July 2, 1811. SIR-The attention of his majesty's government has of late been called to the measures pursued by the United States for the military occupation of West Frida. The language held by the president congress, This pretension, however, is but a part of that at the opening of the late session of system the whole of which, under our construction hostile demonstrations made by the American forces of the letter of M. Champagny of August 5, 1810, under captain Gaines, the actual summoning of the corroborated by many subsequent declarations of fort of Mobile, and the bill submitted to the approthe French government and not invalidated by any bation of the American legislature for the interior unequivocal declaration of a contrary tenor, must administration of the province, are so many direct and positive proofs that the government of America be considered as still in full force. In the communication which you lately trans-s prepared to subject the province of West Florida mitted to me, I am sorry to repeat that I was una-to the authority of the United States. The Spanish minister in London addressed a note ble to discover any facts which satisfactorily proved that the decrees had been actually repealed, and I in the month of March last to his majesty's secrehave already repeatedly stated the reasons which tary of state for foreign affairs, expressing in suffitoo probably led to the restoration of a few of the cient detail the feelings of the government of Spain American ships taken in pursuance of the Berlin respecting this unprovoked aggression on the inteand Milan decrees after Nov. 1. Mr. Russell does grity of that monarchy. Mr. Morier in his note to Mr. Smith of Decemnot seem to deny that the decrees may still be kept in force, only he thinks they have assumed a muni- ber 15, 1810, has already reminded the American cipal character; but in M. Champagny's declara-government of the intimate alliance subsisting be tion, ambiguous as it was, there is no such divisiontween his majesty and Spain, and he has desired of them into two different characters, for if the such explanations on the subject as might convince contingency required by the French Minister took his majesty of the pacific disposition of the United place, the Berlin and Milan decrees were to cease States towards Spain. Mr. Smith in his reply has according to his expression without any qualifica- stated that it was evident that no hostile or untion. If therefore a part of them remain or be re- friendly purpose was entertained by America tovived again, as seems to be allowed even here, why wards Spain; and that the American minister at his may not the whole be equally so? Where proof can majesty's court had been enabled to make whatever be obtained of their existence, we have it, namely, explanations might comport with the frank and in the ports of France, in which vessels have been conciliatory spirit which had been invariably maavowedly seized under their operations since No-nifested on the part of the United States. Since the date of this correspondence Mr. Pinkvember 1. Of their maritime existence we cannot so easily obtain evidence, because of the few French ney has offered no explanation. whatever of the ships of war which venture to leave their harbors. motives which have actuated the conduct of the Who can doubt however but that had the ruler of United States in this transaction; a bit has been introduced into congress for the establishment, go-them. The president had pursuaded himself that vernment and protection of the territory of Mobile, the unequivocal proofs which the United States and the fortress of that name has heen summoned have given in all their transactions with foreign without effect. powers, and particularly with Spain, of an upright His royal highness the prince regent in the name and liberal policy, would have shielded them from and on the behalf of his majesty, is still willing to such an unmerited a suspicion. He is satisfied that hope that the American government has not been nothing is wanting but a correct knowledge of facts urged to this step by ambitious motives or by a de- completely to diss pate it. sire of foreign conquest, and territorial aggrandize- I might bring to your view a long catalogue of ment. It would be satisfactory however to be ena-injuries which the United States have received from bled to ascertain that no consideration connected Spain since the conclusion of their revolutionary with the present state of Spain has induced America war, any one of which would most probably have to despoil that monarchy of a valuable foreign colony. been considered cause of war, and resented as such The government of the United States contends by other powers. I will mention two of these only; that the right to the possession of a certain part of the speriations that were committed on their com West Florida will be not less open to discussion in merce to a great amount in the last war, and the the occupation of America than under the govern-suppression of their deposit at New-Orleans, just ment of Spain. before the comniencement of the present war, in But the government of the United States, under violation of a solemn treaty: for neither of which this pretext, cannot expect to avoid the reproach,njuries has any reparation or atonement been made. which must attend the ungenerous and unprovoked For injuries like those of the firs, class, it is known seizure of a foreign colony, while the parent state to you that Great Britain and France made indemniis engaged in a noble contest for independence, ty. The United States, however, do not rely on against a most unjustifiable and violent invasion of these injuries for a justification of their conduct in the rights both of the monarch and the people of Spain this transaction, although their claims to reparation While I wait, therefore, for an explanation from for them are by no means relnquished, and it is to you, sir, as to the motives which led to this just be presumed, will not always be neglected. aggiession by the United States on the territories When I inform you that the province of West of his majesty's ally, I must consider it as my duty Florida 10 the Perdido was a part of Louisiana,while to lose no time in fulfilling the orders of his royal the whole province formerly belonged to France, highness the prince regent by which I am com- that although it was afterwards separated from the manded in the event of its appearing on my arrival other part, yet that both parts were again reunited in this city that the United States still persevere by in the hands of Spain, and by her reconveyed to menaces and active demonstration to claim the mi- France in which state the entire province of Louisi litary occupation of West Florida, notwithstanding ana was ceded to the United States in 1803, that in the remonstrances of his majesty's charge d'affairs accepting the cession and paying for the territory and the manifest injustice of the act, to present to ceded, the United States understood and believed you the solemn protest of his royal highness in the that they paid for the country as far as the Perdido, name and on behalf of his majesty against an at- as part of Louis.ana; and that on a conviction of tempt so contrary to every principle of justice, their rights they included in their laws provisions good faith, and national honor, and sourious adapted to the cession in that extent-it cannot fail to the alliance subsisting between his majesty and to be a cause of surprise to the prince regent, that the Spanish nation. they did not proceed to take possession of the ter I have the honor to be, with the highest consider-ritory in question as soon as the treaty was ratified. ation, sir, your most obedient humble servant, AUG. J. FOSTER. To the hon. James Monroe, &c. &c. &c. MR. MONROE TO MR. FOSTER. Department of State, July 8, 1811. SIR-I have had the honor to receive the note which you have presented, by the order of his royal highness the prince regent, to protest, in behalf of the regency of Spain, against the possession lately taken by the United States of certain parts, of West Florida There was nothing in the circumstances of Spain at that time, that could have forbidden the measure. In denying the right of the United States to this territory, her government invited negociation on that and every other point in contestation between the parues. The United States accepted the invi. tation, in the hope that it would secure an adjustment and reparation for every injury which had been received, and lead to the restoration of perfect harmony between the two countries, but in that hope they were disappointed. Since the year 1805, the period of the last negoAlthough the precedent cannot admit the right of ciation with Spain, the province of West-Florida Great Britain to interfere in any question relating has remained in a situation altogether incompatible to that province, he is willing to explain, in a friend-with the welfare of these states. The government ly manner, the considerations which induced the of Spain has scarcely been felt there; in conseUnited States to take the step against which you quence of which the affairs of that province had have been ordered to protest. fallen into disorder. Of that circumstance, howe It is to be inferred from your view of the subject,ver, the United States took no advantage. It was that the British government has been taught to be-not until the last year, when the inhabitants, perlieve that the United States seized a moment of na-ceiving that all authority over them had ceased,rose tionalembarrassment to wrest from Spain a province in a body with intention to take the country in their to which they had no right, and that they were own hands, that the American government interprompted to it by their interest alone, and a know-posed. It was impossible for the United States to ledge that Spain could not defend it. Nothing, behold with indifference a movement in which they however, is more remote from the fact, than the were so deeply interested. The president would presumption on which your government appears to have incurred the censure of the nation, if he suf have acted. Examples of so unworthy a conduct fered that province to be wrested from the United are unfortunately too frequent in the history of States under a pretext of wresting it from Spain. nations, but the United States have not followed Iu taking possession of it in their name, and under their authority, except in the part which was occu- tion to infuse a spirit of rebellion into the subjects The government of the United States are well aware of the deep interest which his royal highness the Prince Regent takes in the security of Florida, for any attempt to occupy the Eastern part of which by the United States not even the slightest pretext could be alledged, such as were brought forward in the endeavor to justify the aggression on West Florida. Aware that this transaction might be misconceiv- I conceive it therefore to be my duty, sir, in ed and misrepresented, the President deemed it a consideration of the alliance subsisting between proper subject of instruction to the ministers of the Spain and Great Britain, and the interests of his United States at foreign courts to place it in a true majesty's subjects in the West India Islands, so light before them. Such an instruction was for-deeply involved in the security of East Florida, as war led to Mr. Pinkney, their late Minister Pieni-well as in pursuance of the orders of my govern. potentiary at London, who would have executed ment in case of any attempt against that country, it, had not the termination of his mission prevented to lose no time in calling upon you for an explanait. The president cannot doubt that the frank and tion of the alarming steps which governor Matcandid explanation which I have now given, by thews is stated to be taking for subverting the Spahis order, of the considerations which induced the nish authority in that country, requesting to be United States to take possession of this country, informed by you upon what authority he can be will be perfectly satisfactory to his royal highness acting, and what measures have been taken to put the Prince Regent. a stop to his proceedings. I have the honor to be, &c. (Signed) AUG. J. FOSTER. To the hon. James Monroe, &c. &c. &c. With great respect and consideration, I have the honor to be, sir, your most obedient servant, (Signed) JAS. MONROE. Augustus J. Foster, Esq. &c. &c. &c. MR. FOSTER TO MR. MONROE, MR. MONROE TO MR. FOSTER. November 2, 1811. SIR-I have had the honor to receive your letter of September 5th, and to submit it to the view of The principles which have governed the United States in their measures relative to West Florida, have already been explained to you. With equal Dankness I shall now communicate the part they have acted with respect to East Florida. Philadelphia, Sept. 5, 1811. SIR-The Chevalier d'Ois, who has been ap-the president. pointed minister from his Catholic majesty to the United States, has written to inform me that he understands by letters from the governor of East Florida, under date of the 14th ult, that governor Matthews, of the state of Georgia, was at that time at Newtown, St. Mary's, on the fontiers of In the letter which I have the honor to address to Florida, for the purpose of reating with the mh you on the 8th of July, I stated the injuries which bitants of that province for its being delivered up to the United States had received from Spain, since the United States' government, that he was with their revolutionary war, and particularly by spoila. this view using every method of seduction to effections on their commerce in the last war, to a great his purpose, offering to each white nhabitant who amount, and of the suppression of their right of would side with him fifty acres of land and the gua-deposit at New-Orleans, just before the commencerantee of his religion and property; stipulating ment of the present war, for neither of which had also that the American government would pay the reparation been made. A claim to indemnity for debts of the Spanish government, whether due in these injuries, is altogether unconnected with the pensions or otherwise, and that he would cause the question relating to West Florida, which was acofficers and soldiers of the garrisons to be conveyed quired by cession from France in 1803. to such place as should be indicated, provided they did not rather choose to enter into the service of the United States. The government of Spain has never denied the right of the United States to a just indemnity for spoliations on their commerce. In 1802, it expliM. d'Onis has done me the honor to communi-citly admitted this right by entering into a conven cate to me a note which he purposes transmitting tion, the object of which was to adjust the amount to you, sir, in consequence of this detached and of the claim, with a view to indemnity. The submost extraordinary intelligence, and considering sequent injury by the suppression of the deposit at the intimate alliance subsisting between Spain and New-Orleans produced an important change in the Great Britain, as well as the circumstances under which he is placed in this country, he has urgently requested that I would accompany his representation with a letter on my part in support of it. relations between the parties, which has never been accommodated. The United States saw in that measure eminent cause of war, and that war did not immediately follow, cannot be considered in any After the solemn asseverations which you gave o her light than as a proof of their moderation and me in the month of July, that no intentions hos pacific policy. The executive could not believe tile to the Spanish interests in Florida existed on that the government of Spain would refuse to the the part of your government, I am wholly unable United States the justice due to these accumulated to suppose that governor Matthews can have had or- injuries, when the subject should be brought soders from the President for the con luce which he is leinnly before it, by a special mission. It is known stared to be pursuing; but the measures he is stat-that an envoy extraordinary was sent to Madrid in ed to be taking in co-responding with traitors, and 1895, on this subject, and that the mission did not in endeavoring by bribery and every art of seduc-accomplish the object intended by it. It is proper to observe, that in the negociation, act and instructed to communicate the purport of with Spain in 1805, the injuries complained of by it, to both governments, and to explain at the same the United States of the first class were again sub-time, in the most friendly manner, the motives stantially admitted to a certain extent, as was that which led to it. The president could not doubt also occasioned by the suppression of the deposit at that such an explanation would give all the New-Orleans, although the Spanish government, satisfaction that was intended by it. By a late letby disclaiming the act, and imputing it to the inten- ter from the American charge d'affaires at London, dant, sought to avoid the responsibility due from I observe, that this explanation was made to your it; that to make indemnity to the United States government in the month of for injuries of every kind, a cession of the whole territory claimed by Spain, eastward of the Mississippi was made the subject of negociation, and that the amount of the sum demanded for it was the sole cause that a treaty was not then formed, and the territory added. last. That it was not sooner made was owing to the departure of the minister plenipotentiary of the United States before the instruction was received. I am persuaded, sir, that you will see, in this view of the subject, very strong proof of the just and amicable disposition of the United States The United States have considered the govern- towards Spain, of which I treated, in the conferment of Spain indebted to them a greater sum for ence, to which you have alluded. The same disthe injuries above stated, than the province of East position still exists; but it must be understood that Florida can by any fair standard between the parties it cannot be indulged longer than may comport with be estimated at. They have looked to this province the safety, as well as with the rights and honor of for their indemnity, and with the greater reason, the nation. I have the honor to be, &c. &c. JAMES MONROE. Augustus J. Foster. Esq. &c. &c. &c. CORRESPONDENCE because the government of Spain itself has countenanced it. That they have suffered their just claims so long unsatisfied, is a new and strong proof of the moderation, as it is of their respect for the disordered condition of that power. There BETWEEN MR. MONROE AND MR. is, however, a period beyond which those claims ought not to be neglected. It would be highly improper for the United States, in their respect for Spain, to forget what they owe to their own character, and to the rights of their injured citizens. Under these circumstances it would be equally unjust and dishonorable in the United States to suffer East Florida to pass into the possession of any other power. Unjust because they would thereby lose the only indemnity within their reach, for injuries which ought long since to have been re⚫ dressed. Dishonorable, because in permitting another power to wrest from them that indemnity, their inactivity and acquiescence could only be imputed to unworthy motives. Situated as East Florida is, cut off from the other possessions of Spain, and surrounded in a great measure by the territory of the United States; and having also an important bearing on their commerce, no other power could think of taking possession of it, with other than hostile views to them. Nor could any other power take possession of it without endangering their prosperity and best interests. FOSTER ΟΝ ΤΗΣ SUBJECT OF THE AFFAIR OF THE LITTLE BELT. Baltimore, July 26th, 1811, SIR-I have the honor to enclose the copy of an official letter addressed to rear-admiral Sawyer, by captain Bingham, commanding his majesty's sloop the Little Belt, which contains an account of the late engagement between that ship and the Ameri can frigate the President. In thus communicating to you, without orders from his majesty's government, this document, which in the most essential fact differs so materially from that of commodore Rodgers, I trust that this government will receive it as a proof of the sincere desire which exists with me, to open the way to an amicable arrangement of the question which may arise out of this unfortunate affair, when it shall be known to his majesty's government. I have the honor to be, with the highest respect, sir, your most obedient humble servant, J. P. MORIER. The hon. James Monroe, &c. &o. &c. MR, MONROE, SECRETARY OF STATE, TO The United States have not been ignorant or inattentive to what has been agitated in Europe, at different periods, since the commencement of the present war, in regard to the Spanish provinces in this hemisphere; nor have they been unmindful of Department of State, June 28, 1811. the consequences into which the disorder of Spain SIR-I had the honor to receive yesterday your might lead in regard to the province in question, letter of the 26th inst. communicating a statement without due care to prevent it. They have been from captain Bingham to admiral Sawyer, of the persuaded that remissness on their part might in- circumstances attending the late unfortunate en vite the danger, if it had not already done it, which counter between the United States' frigate the Presi it is so much their interest and desire to prevent.-dent and his Britannic majesty's sloop the LittleBelt. Deeply impressed with these considerations, and anxious, while they acquitted themselves to the just claims of their constituents, to preserve friendship with other powers, the subject was brought before the congress at its last session, when an act was passed authorising the executive to accept possession of East Florida from the local authorities, or to take it against the attempt of a foreign power to occupy it, holding it in either case subject to future and friendly negociation. This act therefore evinces the just and amicable views by which the United Stes have been governed, towards Spain, in measure authorised by it. Our ministers at London and Paris were immediately apprised of the It is to be regretted that the statement made by captain Bingham should have varied in any cir cumstance, from that made by the commander of the American frigate. I flater myself, with the disposition of the president, when I am authorized to express, to make it the subject of mutual and friendly explanations, its disagreeable tendency will be obviated. I am induced to express this expectation, with the more confidence, trom the conciliatory manner in which you have made this communication. I have the honor to be, &c. (Signed) JAS. MONROE. Mr. Morier, charge d'affaires of his Britannic majesty. |