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MR. RUSSEL TO LOND CASTLEREAGU.
MR. RUSSEL TO MR. MONROE.
of your lordship. If your lori. Ne the commands trust, fobiain for it the early consideration of lis No. 12 of vol. III.) BALTIMORE, SATURDAY, NOVEMBER 21, 1812. (WHOLE 10.64
Hec oliin meminisse juvabit.-VINGIL. Printed and published by H. Niles, South-st. next door to the Merchants' Coffee House, at $ 5 per annuon. Message from the President.
18, Bentinck-street, Sept. 12, 1812. The following important messnge was received by
MY LORD-I hasten, authorised by instructions re• both houses of congress, on Friday the 13th inst. cently received from the government of the United To the Senate, and House of
States, and urged by an unfeigned anxiety to arrest Representatives of the United States. the calamities of war, to propose to your lordship a For the further information of congress, relative convention for the suspension of hostilities, to take to the pacific advances madle on the part of this go-effect at such time as inay be mutually agreed upon, vernment to that of Great Britain, and the manner in and stipulating that each party shall forth with apwhich they lrave been met by the latter, I transmit point commissioners, with full powers to form a treitthe sequel of the communications on that subject, ty, which shall provide, by reciprocal arrangements, Meived from the late charge d'affairs at London. for the security of their seamen, from being taken
JAMES MADISON. or employed in the service of the other power; for Norember 12, 1812.
the regulation of their commerce, and all other iteDocuments accompanying the Message.
resting questions now depending between them, and that the armistice shall not ccase without such previa
ous notice by one to the other party, as may be agreed London, 19th September, 1812. Sra—On the 12th inst. I received your letter of the other effect, than merely to suspend military operim
upon, and shall not be understood as having any 27th July last, and the copies of my note to lord Cas- tions by land and by sea. terragh, and of his lordship’s reply enclosed lierein, will inform you that the propositions, made in con
In proposing to your lordship these terms for a
suspension of hostilities, I am instructed to come to sequence of it, have been rejected. As I have but this moment heard of the immediate
a clear and distinct understanding with his Britannic departure of the Friends, I have time only to add, formal, concerning impressment, comprising in it
majesty's government, without requiring it to be that I have received the communications of Mr. Gra- the discharge of the citizens of the United States har of the 9th and 10th of August, by the Gleaner, already impressed ; and concerning future blockades; und that I leave London this evening, to embark on the revocation of the orders in council being conboard the Lark, at Plymouth, for New-York.
firmed. I am, with great respect and consideration, sir,
Your lordship is aware that the power of the gopour faithful and obedient servant, (Signed)
vernment of the United States to prohibit the emrJONA. RUSSEL.
ployment of British seamen must be exercised in the Postschiet.—an interesting interview took place
sense and spirit of the constitution ; but there is no between lord Castlereagh and myself on the 16th inst. the account of which I must, for want of time, re- tually and with good faith.
reason to doubt but that it will be so exercised effceserve until I have the honor to see you.
Srich a measure, as it might by suitable regulations
and penalties be made completely cffectual and satisMR. NUSSEL TO LORD CASTLEREAGI.
factory, would operate almost exclusively in favor 18, Bentinck-street, Sept. 12, 1812. of Great Britain; for as fow American seamen over (Private.)
enter voluntarily into the British service, the reciMr Lonn-In consequence of additional instruc- procity would be nominal, and it is sincerely believed tions which I received from my government this that it would be more than an equivalent for any admorning, I called about noon at the foreign office, vantage she may derive from impressment. and found, with regret, that your brdship was out By the proposition which I have now the honor to of town. My object was to commanicate to your inake in behalf of my government, your lordship lordship the powers under which I act, that you will perceive the earnest desire of the president to Aright perceive their validity and extent. I have, remove every obstacle to an accommodation, which however, sought to state them substantially in the consists merely of form : and to secure the rights official letter which I have herewith the honor to and interests of the U. States in a manner the most transtn it to your lordship, but should you find any satisfactory and honorable to Great Britain as well as thing that stands in need of explanation, previous to America. to being submitted to his royal highness, I shall re The of , I
could, in cour- royal highuess the Prince Regent, and I shall detain tesy, find any motive in my personal convenience to the vessel in which I have taken my passage to the hasten a decision upon the propositions which i bave United States, until I have the honor to learn his de. submitted ; the season of the year, my anxiety to cision. depart (all my arrangements being mále, and all I have the honor to be, my lord, with high coawwy baggage having left town) and the detention of sideration, your lordship's n.ost obedient serrant, the Lark at much expense, will plead powerfully in (Signed)
Lord viscount Caslereagh, &c. &c. &c. I have the honor to be, with great consideration, your lordship's very obedient and humble servant, (Signcel)
JONA. RUSSEL.. Lord Castlereagh presents his compliments to Lørd viscount Castlereagh, &c. &c. Etc.
Vr. Russel and regnobts to have the holiut of sig Vol. IIL
LORD CASTLEREAGH TO MR. RUSSEL.
XX. LAMELTOX TO MR. RUSSEL.
MR. RUSSEL TO MR. MONROE.
MR. RUSSEL TO MR. HAMILTOV.
MH, RUSSEL TO LORD CASTLERLEAGH.
him at his house in St James's Square, at 9 o'clock principles, which such a discussion must in the first this evening
instance involve. Foreign office, Sept. 16, 1812.
Under these circumstances the Prince Regent sin NB. Reocived a little before five o'clock. cercly laments that he does not feel himself enabled
to depart iom the dec sien, which I was directed to conicy to you in my letier of the ad inst.
I have the honor to be, sir, your most obedient : &r Dean SIR--I have not seen lord Castlereagh since
CASTLEREAGII. Iris receipt of your two letters of the but have
Junaikan Russel, Esq. &c. received his directions to say to you that he is concerned that he cannot have it in his power to reply to them for a few days; or would have had much
London, 19th September, 1812. pleasure in attençling immediately to your request,
Sir-Since writing you this morning, tearing that in that respect. You may be assured that no delay this government should infer from my silence in acwill take place which can be avoided.
quiescence in the strange and unwarrantable view I am, dear sir, faithfully yours. W. HAMILTON.
which lord Castlereagh bas in his last note thouglil
fit to take of the overtures which I have submitted, Foreign Office, Sept. 16, 1812.
and of the powers under which I acted, I have conJonathan Russel, Esq. &c.
sidered it my duty to return an answer, of which the lenclosed is a copy..
With great considcration and respect, I am, sir, Dean Srn-I have learnt with much regret and your assured and obedient servant, disappointment, that lord Castlereagle has directed (Signed)
JONA. RUSSEL. you to inform me that it is not in his power to give to the lionorable James Jonroe, &c. an immediate answer to the last letiers which I have had the honor to address to him. The object of those letters was of a nature to require an curly de
London, 19th September, 181?. cision. Peluctant, however, hy any precipitancy on My LORD-I had the bonor to receive, last evening, my part to protract the present untiappy relations voulord ship's note of yesterday; and have learnt between the tito countries, I beg you to acquaint with great regret and disappointment, that his roya his lordship that I shall remain in town until Sunday, lal highness the Prince Regent has agruin rejected the (the 20th instant) when, unless some special and just and moderate propositions for a sitspension of satisfactory reason be assigned for a longer delav, hostilities, which Uave been instructed to presens I shall consider it to be my duty to proceed to Fly on the part of my government. mouth to embark for the United States.
After the verbal explanations which I had the ho. Tam, dear sir, with great truth and respect, your nor to afford your lordship on the 16tlı inst. both as obedient servant,
to the object and sufficiency of my instructions, 1 (Signed)
JON 1. RUSSEL. did not expect to hear repeated any objections on 18 Beninck-gereet, 16th Sept. 1812.
trese points. For itself, the Imerican governarent N B. Sent at 3 o'clock.
has nothing to disguise; and by varying the propose tion as to the manner of coming to a preliminary un.
derstanding, it merely intended to leave to the Bri loreçu Office, Sept. 1871, 18:2. t.sh government that which mighi be most congenial S18-Under the explanations vou hare aftrded me to its feelings. The propositions presented by me, of the nature of the insructions which you have re- horrever, on the 94 11 of August and 12th inst, are ceived from your government, I hart, as on the pre- distinguishable by a diversity in the substance as well ceding occasion, been invluced to buy your betur of as in the mode of the object which they embraced; as ti: 12.1 instant before his royal highness the by the former, the discontinuence of the practice of Prince Rout.
impressnient is to be immedite, and to precede His royal highness coramands me to express to you the probibiton 1of the mec Stutes relative to lis regret tui lie como parceive ny substantial ilif- the employment of British scomen; v hen by the lutference beturen the proposition for a suspension of ter both these measures are deferred to take effect hissi lities which you are now directed to mhe, 214? sinult:neously here: tier. to which was container in your letter of the 24th Having mode a precise tinder of such lov, and er Qi Aligust last. The forms of the proposed arrange. hibited the instrucuens, which warranted it to your sent, it is true, is diffcrent; but it only appears to fiordstrip, I love learnt with surprise that it does not a mat exceniingilie same purpose in a more covert, appear in ur lorship that I am authorised to proa'id therefore, in a more objectionable manner. rose all sectic plati on the subject of impressment.
You are now direrted to reture as preliminary to I still hope itu tlic orerture lade by me may again a suspension of hostities, is clear and distinct indersi be taken into consideration by his Britannic majes. sianling, without, have ever, requirmgitt ha tv - tv's government; and as I love toun this afternoon al on all the point rite real to invour timet propic for the United States, that it will authorise some sition. It is obvious, triut here this propea: ccecedimento proceed thither ant:pt them as a basis to, the discussion on the several points must sub., for richintion betilen the two countries, an stantiall: precede the understanding a quind. niso k soutl: to be wished.
This coulise of proceedings, as bearing liite face I have the bonor to be, my lord, your most obedi. of it a chru of disquise, as not only fult to be cut humble survjt, in principle inadissabte, la is unlikely in lead in (Signed
JOVA. RISSEL 1 t ctice to any uvan geous restili; as it dues 10: Te right huorable boru Castlerengh, &c. appar on the important subjeci ulanifessmani t'iu! you are eitler illorissed to propose any spicilio plan, with reference in which the suspension statli Prirute.) practice shoniche mule a subject of deliberation,
Orbearif the L127-4, 71" . Vypukit, 1819. or 11:' you bare pasivell any instructions for the Sire! ! ! bonor to inform you that I ar liew guidance of you tuliuuvi oli som vi ile de.wire passing the Varrons, and expect iu lund in New
LORD CASTLERE TO MR. RUSSEL.
WE. RUSEL TO MR. MONROE.
York this day. I conceive it to be my duty to repair, 3. Resolved, That we view with inexpressible cotie in the seat of government, and shall set off as soon cern the course of that destructive policy which as I can obtain my baggage. In the mean time I am leads to a comnexion with the military alespotist of sorry in inform you, that ihe second proposition for France; and if it should so happen, as ou fear's suig. an armistice was rejected like the first, and a vigo- gest, that a convention or confccracy, will that poire rous prosecution of the war appears to be the only er, either exists or is intended, we do not hesitate to honorable alternative left to us.
dechure, that such an event will be considered by los Thare the honor to be, with great consideration more dangerous than the war itself, and us iend. and respect, sir, your very obedient servant, ing, in its consequences, to a dissolution of ihe unica
OXA. RUSSEL. of the United States. The honorable James Monroe, &c.'&c. &c.
4. Resolved, Thit so long as it shall be the unlı p. The message and doc'uinents were read, and order. py fate of our country to be involved in till, the ed to lie on the table. [See page 183.]
people and legislature of Ni w-terary will perform
all incir constitutional duties, imbracing all the just Legislature of New Jersey.
means in their power to preserve the union, defend
the state and honor of their country. Declaration of the Council and General Assembly of
5. Resolved, That it is requisie that inquiry le the state of New Jersey.
speedily made into the causes of the calamitous The authorities of the federal government harins, state in the congress the United Stairs, be ppe
events of the war, and that theresentatives for this on the 18th day of June last, declared war again quested, by :Il constitutional mear in their power, the wited kingdom of Great Britain and Ireland and to efici uiis impeštani investigations its dependencies, the representatives of the people of New Jersey at this momentous crisis, cleem it all the l'resident of the indica Stories to a proposeil air
0. Lastly, resolved, Tutanding in the ansacy of indispensable duty, to make known their opinions to mistice, inut a principal object of the war 13 10 oblain the persons conducting the general government;fredrese ugainst the British practice of impresament, ever holding it an unduuited right to petition and fund firiding further in an inauer fram the Briish goremonstrate in regard to public measures.
reru, ent to anoiher proposadf armistice, that their claim la performing this duty we refra.hfcom entering does not extend beyond wviui di cuisits ancient and ucupon a full recital of the reasons and grounds which customed practice of impressing British șeamen, fiori injel us to announce these opinions. The admonitions of prudence, the force of reason declare our solemn curricrim that a war at the expense
the merchant ressels of a foreign sigle, we do hereby and justice, and the remonstriences of thousands of Imerican blood and treasure to protect British suh. have been alike ineffectual and disirgalal—a great,jects on the high seus from their vitu alegiance to their prosperous and happy nation, without preparation country, would be un', and that the abn:se of this have been suddenly plunged into an unnecessary, and practice in regard to ulmerican seumen may be guard. as we fear, hopeless war. Every thing clear tu liberty-to independence-to ments, and ileref re thui a negociation for a treaty of
ed against by an arrangement betrseen the two gorern. national honor-all thit the revolution accomplishi, peace should be inmeiliate'y opened. eil-unu that thirty years of peace had procured and secured to our country is put at the buzard of war.
We, the representatives of the pcople of New Jer Legislature of Rhode Island. sey, chosen since the promulgation of this ruinous
The general assembiy of the state of Rhode Island measure, owe it to our constituents and to ourselves, to make the following declarations in the hope that
conveneriat Providence on the oth ulimo and rethey may tepel to the restoration of peace, and that it
ceived the following message from the governør: may not hereafter be our reproach, to have given by Gentlemen of the Senate, and! silence, an implicd sanction to measures so manifesi. Gentlemen of the House of Representatives, ly lealing to the ruin of our beloved country. More In obedience to your resolution of the suh of July especially we consider it our solemn duty to record last, on the 11th 1 wrote to major-general Dearbori, these sentiments in behalf of the people of New-jer-requesting him in cause to be elclivered 10 me for sey, seeing that before the declaration of war was the use of the militia of this state, the United Statys made, when scarce a citizen of this state could believe arms then deposited in Newport; and have now the such an event possible, the then legislature of New-honor to lay before you that officer's very singular Jersey, presented to the national government resolu- answer, under the date of July 14th. tions encouraging and approbating war.
On the 21st of July, I received another letter from We then, in the name of our constituents, chosen general Dearborn, wder the date of the 25th (uhat by them on the express grounds of being the friends letter I also lay before you) in which he requests ine of peauce, and most anxious to have restored to them to orier into the service of the U. Stuites (in aduiand our country its inestimable blessings, do resolve, tion to this state's quota of the 100,000 men ordered
1. That the war with Great Britain, in which the by congress) to companies of artillery, and two present administration has plunged the U. States, companies of infantry, with a major, to be posted in was inexpedient, ill-timed and most dangerously im- the forts and baiteries at Newport; an answer 10. politic-sacrificing at once cowtless biessings, and which, on the 21st I wrote that officer, a copy oš mcurring all the hazards and losses of men and trea- which is herewith presented. sure, necessarily resulting from a contest with a na Being informed by the general, that the United LiOA possessing so many means to amoy and dis- States' troops were to be ordered from Newport, and tress us.
riding that the state was to be left without protec2. Resolved, That as the war was in providently lion, I was induced to content al Council of war, inch commenced, so has the conduct of it proved wastefulsike their opinion of the measures most proper 10 and disastrous. The administration being evidentis adopt under these circumstances:-Am althongh i chargeable with the multiplied disasters which have did not hesitate as it regarded sny duty tanecing attended our arms, and consigned to captivity or this state's quota of ulitin, as ordcredt May se's. death so many thousands of brave men, mibouti thesion, and called for by generu! Dersborn, rei con attiment of a single important object.
Indering its questions on welles due to
the United States generally, and to to this state in apply to him for arms, &c. and repeated my request, particular, it became rrecessary to take their opinion bilt obtained no reply: whether tre militia of this state coald be with<lrawn On the 10th of October, inst. I received a letter from the authority thereof by the president of the from the secretary of the war department, inforinUnited States, except in the particular cases pro-ing me that the president of the United States had vided for by the constitution of the United States, directed him to forward me an order, which he then who is to be the judge, whether those exigences existenclosed, on the assistant secretary quarter-master or not?
at Newport for 1,000 stand of arnis, and stating that With respect to the withdrawing of the United 500 had been delivered to the state before, and that Stares' troops from Newport, however improper, yet arms had been loaned to several volunteer comparies as imminent danger of invasion did not exist, and at Newport; but as that order did not come to hand, considering the deficiency of funds in our state on the same day I wrote the secretary, informed him treasury, the council were of opinion that it was of the mistake, and renewed my request for ord. not expedient, at that time, to increase the ex-nance and ammunition. pense of the state, by ordering any part of the militia It is very much to be regretted that there should into service.
exist a difference of opinion between the president On the question whether the militia of this state of the United States and the government of the in can be withdrawn from the authority thereof, except dividual states in any casc, ünd particularly so as it in the particular cases provided for by the constitu- respects the disposing of the detailed militia, when tion of the United Staies, they are unanimously of the nation is involved in war. Satisfied, however, opinion, that they could not.
that the principle adopted, and llic course this stale On the sccond question, viz. when the militia of has pursued on that subject is not only perfectly in the state are called for by the president of the United agreement with the letter, but with the spirit of Staies, who is to be the judge whether those exigen- the constitution of the United States, I conceive an cies provided for by tlwe constitution of the United adherence thereunto indispensable ; but should this States, exist or not? They were also un:mimously general assembly think the course erroneous, there of opinion that the executive of the state must, and is now an opportunity to correct it. of right ought to be the judge.
The declaration of war by the congress of the U On the 22d of July, agreeable to your resolution of States against Great Britain, has placed this stato in the 9th, I wrote to the president of the United States,
a very perilous situation ; having an extensive seu. and enclosed him a copy of that resolution, and re- of the United States' troops that were thought ne
coast accessible by a naval force; the principal part quested him to give orders to the proper officer to deliver me two thousand stand of snall arms, and six ressary even in time of peace, withdrawn from the fick pieces, with such quantities of ammunition, &c. state, our forts and batteries very illy supplied with
the munitions of war. for the use of the state, as he should deem proper.
Under these circumstances, should the president On the 221 of August, as I had received no an- of the United States refuse to supply this state with swer, I wrote to the president of the United States the ordnance and ammunition, for which I was reagain, enclosed a copy of the above letter, and requested to apply, and the protection the general go peated my request for arms, &c.—and on the same rernment are in duty bound to afford, and for which day I wrote to the secretary at war informing him of this state has contributed so largely, and leave us to iny application made to the president of the United the mercy of an invading enemy, it will not only be States for arms, &c. and requested him to furnish the the duty of every citizen to be prepared for the event, same as soon as possible; and by the same mail, Ibut of ihis gcneral assembly to make an appropria. enclosed him a return of this state's quota of detach- tion in aid thereof, to which I request your attention ed militia, under the command of lieutenant colonel
Relying with the fullest confidence on your dispoJohn S. Eddy, and informed him that they would be sition to adopt and pursue mcusures the best calcuready to act in the service of the United States when,lated to promote and secure the peace and happiness in my opinion, any of the exigencies, provided for of the citizens at large, I have only to assure you, by the constitution of the United States, should ex: gentlemen, that nothing constitutionally within my ist, agrecabie to the opinion and advice of the council power, shall be wanting to effect an object su desira. of war, given me on the occasion.
ble. May the Supreme Governor of the universe On the 19th of September I received by express, a aid you in your deliberations and crown your mealetter from the bonorable Simon Martin, under date sures with his blessing.
WMJONES, of the 18th, in which I was informed of the agitation among the citizens of the Island of Rode Island oc- Circuit court of the United States. casioned by the appearance of three British frigates near Point Judith, and suggesting the necessity of
PENNSYLVANIA DISTRICT, sending a part of the sletached militia to their aid,
OCHTOHEN TERM, 1812. or calling the council to determine on means the The Tulip, Funk, Wm. Shaw, of Nero-York, Claimant most proper for their protection. That letter I lay
and Appellant. before you, observing that in conformity therewithi, The vessel and her cargo had been condemned, as the coincil of war did meet in this town on the 24th, lawful prize, to the privateer Arlas, Jaffe, upon when the letter was laid before them, and after ma- the ground that the ressel was employed, after the ture deliberation, I was advisel and requested to js.diciaration of war, in the service of the enemy, to sule an order to the quarter-inaster-general of this carry Mr. Foster's public dispatches, in chargcofa state to procure as soon as pracicable, a quantity of messenger, from New York to England. The claimpow'ler and lead for the use of the state; but it was ani, William Shaw, a naturalized citizen of sco not advisable, under existing circumstances, to order York, appe:led from the sentence of condemnation, the detached militia, or any part thereof into the ser- and the appeal was heard, on the 27thi and 28th of vice at present.
October, upon an argument by Jiessrs. Hopkinsuunal On the 26th of September, by the request of the dinner for tlic appellant, und by Mr. Dalius for the council of war, I wrote the president of the loitasi Apoellce. States a thiru! letter, and enclosed him another cops Upon the detery of Ir. Foster's dispatches, in. of your resolution of July 19, requesting me to fopan., tv the district judgclic directed their o de
submitted to the secretary of state, in order to ascer-, from a series of direct and uniform decisions, that tain whether, in the opinion of the executive, their the vesse) and cargo of : subject, taken in the act of tontents were proper to be exhibited on the public trading with an enemy, were liable to condemnation, Iscord. The secretary of state returned office copies in the prize court, as prize of war to the captors. of the dispatches to Mr. Dallas (as the law officer of The principle, which prohibits trade and comthe district) stating that it was not the wish of go- merce with the eneny, exists, therefore, inde perdent tirnment, that publicity should be given to them, of those opinions and judgments which have been unless it was for the promotion of public or private pronounced by sir Tilliam Scott, subsequent to the justice. Judge Peters, when the demand was made, revolution : And to that principle, I should resort in the district court by the claimants counsel, for on the present occasion, with conpleat conficker.de, placing the dispatches, among the public exhibits in although no adjudged case in point, could be prothe court, declared, that he did not think the disclo- duced. sure necessary for the promotion of public or private If trade and commerce with the enemy are unlaw. justice ; that, at that time, it might be attended ful, carrying the public dispatches of the enemy (tie with some public inconvenience, by hastening the worst kind of commerce with the memy) cannot communication of the dispatches to the enemy; and be lawful. The same principle of the maritime law, that it was enough, upon principle, as well as upon which makes that species of trading, whicli consists the precedients to be found in the admiralty law of in the mere intercourse of buying and selling', an ofEnglund, and of France, and of other nations, to sub- fence; with stronger reasons for the public safety, stitute, in his own certificate, a general description must condemn the act of conveying intelligence to of the matter contained in them.
the enemy. The argument from analogy is irresisti. On the appeal, of the circuit court, the same preli- ble, I repeat, independent of all authority. minary question occurred; but Mr. Dallas, deliver Nor is it an adequate answer to this course of rea. ing (conformably to his instructions)-the dispatches soning, that the offence committed by a citizen, in to judge Washington, to be disposed of as the judge carrying the dispatches of the enemy is an offence at should direct, observed that, undoubtedly the great common law, or hy statute. The same may be said reason for withholding the publication of the dis- of trading in the strict sense with an enemy, which patches, in extenso, might be thought to have ceased is, uoquestionably, a misdemeanor at con: mon law. by the lapse of time, and the arrival of Mr. Foster In both cases, the offender may be prosecuted person. in England. So far as information was to be convey- ally; and, in both cases, the offending vehicle, if ta. ed to the enemy, the object of the dispatches was ef- ken in thie unlawful act, may, also be candefuned as fitted, by personal communications; and as to Mr. prize of war. In neither case, does the condemnation Potter's conjectures, relative to the conduct of our procced on the ground of the party being actually an goreniment, the public documents sufficiently prov. enemy, nor of the property being actually owned by ed their fallacy. NIr. Dallas, however maintained the an enemy; but in both cases, the party acts as if he correctness of the decision of the district judge, uș were an enemy and, therefore, the maritime law, dette circumstances existing when it was pronoun- treats the property, as if it belonged to an enemy: ced, and referred to the authorities upon the subject. Upon the whole, I do not think it necessary to go
Judge Washington, on the succeeding morning, di- into a further detail of the grounds of my judgment, rected the dispatches to be made exhibits in the cause, as I have not the slighest doubt upon the case. saying, that he had not formed, and did not mean Let the decree of the District Court be confirmed. to intimate, any opinion upon the general question, whether such documents might not be withheld from the record, upon principles of public policy ; but
“West-Florida.” that he was of' opinion, that the reason for withholding them in this case, had ceased, and that the publication could not be attended with any injurious con
Fort Stoddert, Mis. Ter. Oct. 21, 1812. sequences to the government.
TO TUE EDITORs.--I have taken the liberty to en. The cause was then argued on the three grounds close you an opinion of the honorable Judge Toulmin, taken by the counsel for the claimant : i. 'That in the case of the United States against the schooner trading with the enemy was not, in itself, unlawful.- Maria, depending on the question whether the town 2. That carrying the dispatches of the enemy was of Mobile could, after the fourth of May last, be re. not trading, within the meaning of the principles and garded as a foreign port. authorities cited for the libellant. And 3d. That if As the expectations of the people of that country any offence was committed in carrying the dispatch- were raised in a high degree by the act of " Annexaes in the present case, it was the offence of a citizen, tion to the Mississippi Territory ;" -as the people re. against the municipal law of his own country, not an garded themselves from that day as American citi. offence in violation of the law of nations; and couse- zens, and as the security and perhaps the lives of a quently, that the offender could only be prosecuted great number of men, well affected to our pornand punished, according to the common law, or the ment, depend on this question and on the disposistatute law, neither of which would justify a capture tion of the national legislature to support them in the and condemnation of the vessel and cargo, as prize enjoyment of those rights, which it is believed have of war, in a court of admiralty.
been assured to them ; I have supposed that the offThe judge having continued the cause for advise- cial opinion herewith transmitted, might be considerment, delivered his opinion in substance, as fol. ed as an interesting article, for your valuable ga. lov
zette. I am yours, &c.
J. B. IV. WASHINGTOY, Justice. Thare perused, with atten THE U. STATES, 7:5. THE SOJIR. MARIA. tion, the papers, and the ::uthorities, which have The schooner libelléd in this coise sailed from N. been exhibited and citer!, in this cause ; and I pro- Orle.ws on or about the 3d day of May last. Her cand, with perfect satisfaction, to pronounce an affirm- load was destined partly for Mobile and partly fur ance of the decree of the district judge.
Fort Stoddert. On her way she was met by a gun. Trading with an enemy, was an offence against boat, :nd received some imperfect communication of the maritime luw, long before the American revolu- the existence of an embargo). She went to Mobile, tion; and as far back as the records of the English delivered about the 15th of the same month, that umiralty can be traced, it appears, incontrovertably; Ipart of her cargo which was destined for that place,
FROM THE NATIONAL INTELLIGENCER.