obtaining a favorable adjustment of the questions which have arisen out of the French captures in this quarter.

It seems to be scarcely probable, even if we should not be at war with England, that any of our vessels which may have left the U. States for Russia, will, if they touch at Gottenburg for information, proceed on their voyages; for either the Emperor of France will occupy the Russian ports, or the Emperor of Russia will submit to his terms; in either of which cases those ports will be rigorously closed against "colonial produce." If the emperor of Russia should successfully resist, then his country will be inundated with whatever we can supply by the commerce of England. In this last case it is not to be supposed that the English will take any neutral vessels under their convoy in the two former cases the neutral will not have any motive for joining convoy. On the other hand the French cruizers will certainly intercept every vessel not under convoy which may enter the Baltic with colonial produce; and it is equally certain that such cruiz, ers will be sufficiently numerous for independent of the privateers, properly French, the Danes have found so little encouragement for privateering during the last twelve months, that many of them are reduced to the necessity of seeking French commissions.

Mr. Lewis will carry with him the original of my dispatch, No. 10, which incloses authentic copies of the sentences therein referred. In these, sir, you will notice more particularly the extraordinary principles and offensive doctrines on which the tribunals have founded their decisons, and in case our country should still continue in peace, government, having the whole matter before it, will be able to give our commerce such direction, and to place it under such regulations as may best comport with its future security.

With the most perfect respect and consideration, Sir,

(Signed)

Your very obedient servant,

GEO. W. ERVING.

Extract of a letter from Mr. Erving to Mr. Monroe, Secretary

of State.

COPENHAGEN, May 9, 1812, "I have the honor herewith to transmit to you duplicate of my letter No. 20, (by Mr. Lewis) dated April 18th. The note of the same date to which it refers, with the few alterations which will be found in this duplicate, was sent to Mr. de Rosenkrantz on the 21st, and was laid by him before the king on the 1st instant. Ia the mean time I had several conversations with that minister upon the subject of it, in which I did not fail to urge whatever, might contribute to a favorable answer on the part of his majesty. Finally, on the 8th instant, yesterday, he sent to me the note of which the enclosed is a copy. You will observa, sir, the new position which our claims assume under this communication, and the reasonable expectation which it affords of a settlement here af ter

.

I have endeavored to have this point placed in a more formal and explicit shape."

To the House of Representatives of the United States.

I tranfmit to the House of Representatives a report of the Secretary of State complying with their refolution of the 1ft inft. JAMES MADISON.

March 3, 1813.

The Secretary of State to whom was referred the Refolution of the House of Reprefentatives of the 1ft inftant, has the bonor to fubmit to the Prefident the enclosed papers marked A and B. All which is respectfully submitted.

JAMES MONROE.

Department of State, March 3, 1813.

(A)

Extract of a letter from Joel Barlow, Esq. to the Secretary of State, dated

PARIS, May 2, 1812. "I have the honor to enclose herewith the copy of my note of yesterday to the Duke of Baffano. The importance of the objects and the urgency of the occafion I hope will juftify the folicitude with which I have preffed the propofitions.

66

The refult, as far as it may be known within a few days, fhall be tranfmitted by the Wafp. The Hornet failed from Cherbourg the 26th April, with orders to land a meffenger in England with my dispatches for Mr. Ruffell, but not to wait a return from London."

Enclosed in Mr. Barlow's letter of May 2, 1812, to the Secretary of State.

Extract of a letter from Joel Barlow, Esq. to the Duke of Bassano, dated

PARIS, May 1, 1812. In the note I had the honor to address your excellency on the 10th November laft, the spirit of the Englifh government was so far noticed as to anticipate the fact now proved by experience, that its orders in council violating the rights of neutrals, would not be revoked. The declaration of the Prince Regent of the 21ft of April, has placed that fact beyond all question. In doing this he has repeated the affertion so often advanced by his minifters and judges, that the decrees of France of a fimilar character are likewife unrevoked.

You will notice that he finds a new argument for this conclufion in your Excellency's late report to the Emperor concerning neutral rights, in which you avoid taking notice of any repeal or modification of these decrees, or of their non-application to the United States. We know indeed that they do not apply to the United States, because we do not fuffer our flag to be denational

ized in the manner evidently contemplated by the Emperor in the rule he meant to establish. But it would have been well if your Excellency had noticed their non-application to the United States, fince his Majefty has informally done it in his decifions of prize caufes fince November, 1810.

It is much to be defired that the French government would now make and publifh an authentic act, declaring the Berlin and Milan decrees, as relative to the United States, to have ceased in November, 1810, declaring that they have not been applied in any inftance, fince that time, and that they fhall not be so applied in future.

The cafe is so fimple, the demand so juft, and the neceffity so urgent, that I cannot withhold my confidence in the prompt and complete fuccefs of my propofition."

Extract of a letter from Mr. Barlow to Mr. Monroe, dated

PARIS, May 12, 1812.

"After the date of my letter, of which I have the honor to enclofe you a copy, I found from a pretty fharp conversation with the Duke of Baffano, that there was a fingular reluctance to anfwering my note of the 1ft of May. Some traces of that reluctance you will perceive in the answer which finally came, of which a copy is here enclofed. This, though dated the 10th, did not come to me till laft evening. I confider the communication to be so important in the prefent crifis of our affairs with England that I dispatch the Wafp immediately, to carry it to Mr. Ruffell, with orders to return with his anfwer as foon as poffible.

I am confident that the Prefident will approve the motive of my folicitude in this affair, and the earnest manner in which I preffed the minifter with it as foon as my knowledge of the declaration of the Prince Regent enabled me to ufe the argument that belonged to the fubject. When in the converfation above alluded to, the Duke first produced to me the decrees of the 28th of April, 1811, I made no comment on the strange manner in which it had been so long concealed from me, and probably from you. I only afked him if that decree had been publifhed. He faid not, but declared it had been communicated to my predecessor here, and likewife fent to Mr. Serrurier, with orders to communicate it to you. I assured him it was not among the archives of this legation; that I never before had heard of it; and fince he had confented to answer my note. I de fired him to fend to me in that official manner a copy of that decree, and of any other documents that might prove to the incredulous of my country (not to me) that the decrees of Berlin and Milan were in good faith and unconditionally repealed with regard to the United States. He then promifed me he would do it, and he has performed his promise.

I fend you a copy of the April decree, as likewife the letter of the Grand Judge and that of the minifter of finances: though the two latter pieces have been before communicated to our government and published."

The Duke of Bassano to Mr. Barlow.
[Tranflation]

PARIS, 10th May, 1812. Sir-In converfing with you about the note which you did me the honor to addrefs to me on the 1ft of May, I could not conceal from you my furprise at the doubt which you had expressed in that note respecting the revocation of the decrees of Berlin and Milan. That revocation was proved by many official acts, by all my correspondence with your predecessors and with you, by the decifions in favor of American vessels. You have done me the honor to afk a copy of the letters which the Grand Judge and the Minister of the Finances wrote on the 25th Dec. 1810, to secure the firft effects of that measure, and have faid, fir, that the decree of the 28th of April, 1811, which proves definitely the revocation of the decrees of Berlin and Milan in regard to Americans, was not known to you.

I have the honor to fend you, as you have desired, a copy of these three acts; you will confider them, without doubt, fir, as the plaineft answer which I could give to this part of your note. As to the two other queftions to which that note relates, I will take care to lay them before the Emperor. You know already, fir, the fentiments which his Majefty has expreffed in favor of American cominerce, and the good difpofitions which have induced him to appoint a plenipotentiary to treat with you on that important intereft.

Accept, fir, &c. (Signed)

The DUKE OF BASSANO.

[Tranflation]

Palace of St. Cloud, April 28th, 1811. Napoleon, Emperor of the French, &c. &c.. On the report of our Minifter of Foreign Relations.

Seeing by a law paffed on the 2d March, 1811, the Congress of the United States has ordered the execution of the provifions of the act of non-intercourfe, which prohibits the veffels and merchandize of Great Britain, her colonies and dependencies from entering into the ports of the United States.

Confidering that the faid law is an act of refiftance to the arbitrary pretenfions, confecrated by the British Orders in Council, and a formal refufal to adhere to a fyftem invading the independence of neutral powers, and of their flag, we have decreed and do decree as follows:

The Deerees of Berlin and Milan are definitively, and to date from the 1ft day of November laft, confidered as not having exifted, (non avenus) in regard to American veffels.

(Signed)

(Signed)

NAPOLEON,
By the Emperor,

The Minifter, Secretary of State.
The COUNT DARU.

Paris, Oct. 25th, 1812.

Sir-By the letters from the Duke of Baflano and my anfwer, copies of which are herewith enclosed, you will learn that I am invited to go to Wilna, and that I have accepted the invitation. Though the propofal was totally unexpected, and on many accounts, difagreeable, it was impoffible to refuse it without giving offence, or at least risking a poftponement of a negociation which I have reafon to believe is now in a fair way to a speedy and advantageous clofe.

From the circumftances which have preceded and which accompany this propofition, I am induced to believe that it is made with a view of expediting the bufinefs. There may indeed be an intention of coupling it with other views not yet brought forward. If so, and they fhould extend to objects be. yond the fimplicity of our commercial interefts and the indemnities which we claim, I fhall not be at a lofs how to anfwer them. I fhall have the honor to write you, as foon as poffible, from Wilna, and fhall return to Paris without any unneceffary delay.

I remain, &c. (Signed)

[Tranflation]

J. BARLOW.

The Duke of Bassano to Mr. Barlow.

Wilna, Oct. 11, 1812. Sir-I have had the honor to make known to you how much I regretted, in the negociation commenced between the United States and France, the delays which inevitably attended a correfpondence carried on at so great a diflance. Your government has defired to see thee epoch of this arrangement draw near. His Majefty is animated by the fame difpofitions, and willing to affure to the negociation a refult the most prompt, he has thought that it would be expedient to fupprefs the intermediaries and to transfer the conference to Wilna. His Majesty has in consequence authorised me, sir, to treat directly with you. If you will come to this town, I dare hope that with the desire which animates us both to conciliate such important interefts, we will immediately be enabled to remove all the difficulties which until now have appeared to impede the progrefs of the negociation.

I have apprised the Duke of Dalberg that his mission was thus terminated, and I have laid before his majesty the actual state of the negociation, to the end, that when you arrive at Wilna, the different queftions being already illuftrated (eclaircies), either by your judicious obfervations, or by the inftructions E shall have received, we may, sir, conclude without delay an arrangement fo desirable and fo conformable to the mutually amicable views of our two governments.

(Signed)

Accept, sir, &c.

THE DUKE OF BASSANO.