1 prizes, to await the decision of both governments, without, how. Memorandum referred to in the above letter. Mr. Baker verbally cosinunicated to me for the information of ever, preventing captures on either side. It appears also that Mr. the President, that he had rerived dispatchee from his government Foster had promised to communicate with sir George Prevost and addressed to Mr. Foster, dated (Ube fieve) about the 17th June, from to advise him to propose to our government an armistice. Sir George Prevost has since proposed to general Dearborn, at wich he was authorised to say, that an oticial declaration would be sent to this country, that the orders in council, so far as they the suggestion of Mr. Foster, a suspension of offensive operationS affected the United States, would be repealed on the first August, by kamel, in a letter which was transmitted by the general to the se A provisional agreement was entered into between to be revived on the 1st May, 1813, unless the conduct of the Freucheretary at war. governurent and the result of the communications with the Ame-general Dearborn and col. Baynes, the British adjutant-general, ricar goverment should be such as, in the opinion of his majesty, bearer of gen. Prevost's letter, that neither party should act offento render their revival unnecessary. Mr. Baker moreover state sively, before the decision of our government should be taken on the subject. that the orders would be revived, provided the American govern-j Since my return to Washington, the document alluded to in Mr. sent did not, within fourteen days after they reecived the official declaration of their repeal, admit British arined vessels into their Foster's dispatch, as finaily decided on by the British gover ports, and put an end to the restrictive measures which had grownment, has been handed to ine by Mr. Baker, with a remark, that its authenticity might be relied on. Mr. Baker added, that it was out of the orders in eouncil. The dispatches authorising this communication to the American not improbable that the admiral at Halifax might agree likewise to government expressly directed that it should be made verbally, and a suspension of captures, though he did not protess or appear to be Mr. Baker did not consider himself at liberty to reduce it to writ-acquainted with his sentiments on that point. On full consideration of all the circumstances which merit ing, even in the form of a note verbal, or próteinovia, or to suffer me to take a memorandum of his communication at the time he attention, the President regrets that it is not in his power to accede made it. I understood from him that the dispatches had been open to the proposed arrangement. The following are among the prin ed by Mr. Foster at Halifax, who, in consequence of a conversation cipal reasons which have produced this decision. he had with vice-admiral Sawyer and sir John Sherbroke, had authorised Mr. Baker to say, that these gentlemen would agree, as aings on prizes. A capture, if lawful, vests a right, over which he measure leading to a suspension of hostilities, that all enptures inade after a day to be fixed, should not be proceeded against immediately, but be detained to await the future decision of the 180 go vernments.-Mr. Foster had not seen sir George Prevost, but had written to hit by express, and did not doubt but that he would agree to an arrangement for the temporary suspension of hos-arrangement, if acceded to, might not be oberved by the British uilities. 1st. The President has no power to suspend judicial proceed has no control. Nor could he prevent captures otherwise than by an indiscriminate recal 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 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 coulá 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 kose, and that force has already been ordered out for that purpose. 6th. It is the more objectionable, and of the less importance, in consideration of the instructions heretofore given you, which, if met by the British government, mży have already produced the same result in a greater extent and more satisfactory for. I might add, that the declaration itself is objectionable in many respects, particularly the following. Mr. Baker also stated that he had received an authority from Mr. Foster to act as charge des affaires, provided the American govern Inent would receive lúm in that character. for the purpose of en abling him officially to communicate the declaration which was to be expected from the British government; his functions to be me derstood, of course, as ceasing on the renewal of hostilities. Ir plied, that although, to so general and informal a communication, no answer might be necessary, and certainly no particular answer 4th. The proposition is not reciprocal, because it restrains the expected, yet, I was authorised to say, that the communication is received with sincere satisfaction, as it is hoped that the spirit in United States from acting where her power is greatest, and leaves which it was authorised by his government may lead to such fur-Great Britain at liberty, and gives her time to auginent her forces ther communications as will open the way, not only to an early in our neighborhood. 5th. That as 3 principal object of the war is to obtain redress and satisfactory termination of existing hostilities, but to that en tive adjustment of all the differences which produced them, and against the British practice of impressment, an agreement to surse that permanent peace and sold friendship which ought to be mu-pend hostilities, even before the British governnacht is heard frat tually desired by both countries and which is sincerely desired by on that subject, might be considered a relinquishment of that this. With this desire an authority was given to Mr. Russel on the claim. subject of an armistice as introductory to a final pacification, as has been made known to Mr. Fuster, 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 intima tion from Mr. Fuster and the British authorities at Halifax on the subject of suspending judicial proceedings in the case of maritime 1st. Because it asserts a right in the British government to restore captures, to be accompanied by a suspension of military opera tions. The anthority given to Mr. Russel just alluded to, and of the orders in council, or any part thereof, to their full effect on a which Mr. Eoster was the bearer, is full proof of the solicitude of principle of retaliation on France, under circumstances of which the government of the United States to bring about a general susse alone is to judge; a right which this government cannot adinit, pension of hostilitics on admissible terms, with as little delay as especially in the extent heretofore claimed, and acted on by the British government. any prac possible. It was not to be douted, therefore, that 24. That the repeal is founded exclusively on the French decrée of ticable expedient for attaining a similar result would readily be con curred in. Upon the most favorable consideration, however, which the 28th of April, 1811, by which the repeal of the decrees of Ber could be given to the espedient suggested through him, it did not in and Milan, announced on the 5th of August, 1810, to take of appear to be reducible to any practicable shape to which the exfect on the first of November, of that year, at which time their cutive would be authorised to give it the necessary sanction, nor operation actually ceased, is disregarded, as are the claims of the indeed is it probable that if it was less liable to insuperable difficul- United States arising from the repeal on that day, even according to ties, that it could have any mat rial effect previous to the result the British pledge. of the pecific advance made by this governmier, and which must, 3d. That even if the United States had no right to claim the re if favorably received, become operative as saun as any other arrange ment that could now be made. It was stated to Mr. Baker, that the peal of the British orders in council prior to the French decree of President did not, under existing circumstances, conside Mr. Fos-the 28th of April, 1811, nor before the notification of that decre ter as rested with the power of appointing a charge des atiaires; to the British goverment on the 20th of May, of the present year, Int that no difficulty, in point of form, would be made, as any an- the British repeal ought to have borne date from that day, and been thentic communication through him, or any other channel, would subject to none of the limitations attached to it. be received wich attention and respect. other THE SECRETARY OF STATE TO MR. RUSSEL These remarks on the declaration of the Prince Regent, which ar not pursued with rigor, 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 ag Department of State, August 21, 1312. [Extract]My last letter to you was of the 27th July, and wasgressions of the British government by war. By that determination forwarded by the British packet, the Althea, under the special pro- thelations between the two countries have been altogether chang, tection of Me. Baker. The object of the letter, and of the nexted, and it is only by a termination of the war, or by nieasures leadpreceding one, of the 26th of June, was to invest you with powering to it, by consent of both governments, that its calamities can to suspend by an armistice, on such fair conditions as it was pre-be closed or mitigated. It is not how a question whether the decla sumed could not be rejected, the operation of the war, which had been brought on the United 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 advances made on his part, are entertained and met by the British government in a simi lar spicit. ration of the Prince Regent is such as ought to have produced a repeal of the non-importation act, had war not been declared, be cause, by the declaration of war, that question is supereeded, and the non-importation having been continued in force by congress, and become a measure of war, and among the most efficient, it v no longer subject to the control 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 wi You have been informed by Mr. Graham of hat passed in any out effect. By repeating the orders in council without reviving the life absence from the city, in an interview between Mr. Baker and blockade of May 1856, or any other illegal blocad, as is underhim, in consequence of a dispatch from the British government to stood to be the case, it removes a great obstacle to an accommoda Afr. Fuster, received at Halifax, just before he sailed for England. tion. The President considers it an indication of a disposition in and transmitted by him to Mr. Barker, relating to a proposed sus-the British government to accommodate the differences, which sub pension orrepent of the British orders in council: You will have sist between the countries, and I am instructed to assure you that, seen by the note forward to you by Mr. Graliam, of Mr. Baker's if such disposition really exists, and is persevered in, and is exte communication to him, that Mr. Foster had authorised him to stateed to other objects, especially the important one of impressincy! that the commanders of the British forges at Halifax would agree a durable and happy peace and reconciliation cannot tail to result to a suspension, after a day to be fixed, of the condemnation of frumit. Letters of Mr. Russel to the Secretary of Statement of the United States furnish sufficient security against a y MR. RUSSEL TO MR. MONROE. London, June 26, 1812. SIR-I have the honor to hand to you, herein, an order of couneil of the 23d of this month, revoking the orders in council of the 7th of January 1837, 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 RUSSEL. The hon. James Monroe. LORD CASTLEREAGH TO MR. RUSSEL. 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 commeil, 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 specifiel) 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 1st of August next. I have the honor to be, with great consideration, sir, your most LORD CASTLEREAGH TO MR. RUSSEL. question arising on that subject. I have the honor to be, with high consideration, sir, your assured obedient servant, JONA. RUSSEL. The hon. Jartes Monroe, tre. tre. tre. LORD CASTLEREAGH TO MR. RUSSEL. Foreign Office, June 29, 1812. Lord Castlereagh has the honor to acknowledge the receipt of Mr. Russel's communication of the 25th inst. That no mistake may prevail upon the explanation given in conversation by lord Castlereagh to Mr. Russel, on the two points re ferred to in Mr. Russel's letter, lord Castlereagh begs leave to re state to Mr. Russel, with respect to the blockade of May, 1806, that in point of fact, this particular blockade has been discontinued for a length of time, the general retaliatory blockade of the enemy's ports, established under the orders in council of November, 1507, having rendered the enforcement of it by his majesty's ships of war no longer necessary: aud that his majesty's government has no intention of recurring to this or to any other blockades of the enemy's ports, founded upon the ordinary and accustomed principles of ma ritime law, which were in force previous to the order in council, without a new notice to neutral powers in the usual form. With respect to the provision of the order of the 23d inst. which refers to the admission of British ships of war into the harbors and waters of the U. States, lord Castlereagh informs Mr. Russel, that this claim is made in consequence of his majesty's ships being now excluded, whilst those of the enemy are admitted. It is the par tial admission of one of the belligerents, of which Great Britain feels herself' entitled to complain, as a preference in favor of the enemy incompatible with the obligations of strict neutrality. Wire the exclusion general, the British government would consider sich a measure, on the part of America, as matter of discussion be tween the two states, but not as an act of partiality of which they Lord Castlereagh avails himself of this opportunity to retrew to Mr. Russel the assurances of his high consideration. Foreign Office, June 23, 1912. SIR-In communicating to your government the order in council of this date, revoking (under certain conditions therein specified) those of January 7th, 1307, and of April 26th, 1809, I am to re-had in the first instance a right to complain. quest 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 docunient communicated by you to this office on the 20th ultino; and his royal highness hopes that this proceeding on the part of the British government may ac celerate a good understanding on all points of difference between the two stat-8. 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 humble servant, (Signed) CASTLEREAGH. J. Russel, esq. tc. &c. &c. MR, RUSSEL TO LORD CASTLEREAGH. MR. RUSSEL TO LORD CASTLEREAGH. 18, Bentinck-street, July 1, 1812. Mr. Russel has the honor to acknowledge the receipt of the note of lord Castlereagh, dated the 29th ult. containing explanations re lative to the two points referred to in Mr. Russel's note of the 20th of that month and will take the earliest opportunity of communi cating it to his government. Mr. Russel begs leave to avail himself of this occasion, to repeat to lord Castlereagh the assurance of his high consideration. MR. RUSSEL TO MR. MONROE. London, 1st Sept. 1812. SIR-You will perceive by the enclosed copies of notes which have passed between lord Castlereagh and me, that the moderate. and equitable terms proposed for a suspension of hostilities, have been rejected, and that it is my intention to return immediately to the U. States. 18, Bentinck-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 My continuance here, after it has been so broadly intimated to Britannic majesty, for the revocation (on the conditions therein speme by his lordship, that I am no longer acknowledged in my die cified) of the orders in council of the 7th of January, 1807, and of plomatic capacity, and after a knowledge that instructions are the 26th of April 1809, so far as may regard American vessels and given to the British admiral to negociate an arrangement on the their cargoes, "being American property, from the 1st of August other side of the Atlantic, would, in may view of the subject, not only be useless but improper. It is probable, however, that the vessel in which I propose to em bark will not take her departure before the 15th or 20th of this month. I have the honor to be, with great consideration, sir, your most obedient servant, JONA. RUSSEL. To the hon. James Monroe, &e. MR. RUSSEL TO LORD CASTLEREAGH. La 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 lord ship was 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 go- MY LORD-It is only necessary, I trust, to call the attention of vernment of the United States from the exercise of its right to ex-your lordship to a review of the conduct of the government of the clude British armed vessels from the harbors and waters of the United States to prove incontrovertibly its unecasing anxiety to United States when ever there shall be special and sufficient cause maintain the relations of peace and friendship with Great Britain. for so doing; or whenever such exclusion shall, from a general poli-Its patience in suffering the many wrongs which it has received, ey, he extended to the armed vessels of the enemies of Great Britain and its perseverance in endeavoring by amicable means to obtain re-This assurance I am happy to consider as evidence of a concili-dress, are known to the world. Despairing, at length, of receiving atory spirit which will a ford, on every other point of difference, an explanation equally frank and satisfactory, I am, my lord, with great consideration, your lordship's most obedient servant, (Signed) JONA. RUSSEL. The right hon. lord viscount Castlereagh, &c. MR. RUSSEL TO MR. MONROE. London, July 2, 1812. SIR-I avail myself of the opportunity afforded by the British packet, to transmit to you a copy of a note from lord Castlereagh of the 29th uit. which I trust will put at rest the blockade of I acknowledge the receipt of this note, as you will observe by the enclosed copy of my reply, without a comment. 1606. this redress from the justice of the British government to which it had so often applied in vain, and feeling that a further forbearance would be a virtual surrender of interests and rights essential to the prosperity and independence of the nation confided to its prote tion, it has been compelled to discharge its high duty by an appeal to arms. While, however, it regards this course as the only one which re mained for it to pursue with a hope of preserving any portion of that kind of character which constitutes the vital strength of every nation, yet it is still willing to give another proof of the spirit which has uniformly distinguished its proceedings, by seeking to arrest, on terms consistent with justice and honor, the calamities of war. It has therefore authorised me to stipulate with his Brisannie ma jesty's government an armistice, to commence at or before the ex piration of sixty days after the signature of the instrument provid. ing for it, on condition that the orders in council be repealed and no illegal blockades to be substituted to them, and that ordeas be immediately given to discontinue the impressment of perso, s from American vessels, and to restore the city cens of the U. State aircaIn like manier have forborne to notice his lordship's observa- dy impressed : it being moreover well understood that the British tions concerning the exclusion from our ports, of British vessels of government will assent to enter into definite arrangeuscabs, as suba war. A: such exclusion is required to accord with the obligations as may be, on these and every other difference, by a tanty to be of strict neutrality only, the conduct and character of the govern concluded either at Louston or Washington, as on an impestasi cog I did not think it useful to enter into a discussion, at this moment, concerning the legality of that blockade, which as no new doctrine appears to be assumed, is made to depend on the fact, the application of an adequate force. ent. sideration of existing circumstances shall be deemed most expedi- should desist from its ancient and accustomed practice of impress Jing British seamen from the merchant ships of a foreign state, simAs an inducement to Great Britain to discontinue the practice of ply on the assurance that a law shall hereafter be passed to prohibit impressment from American vessels, I am authorised to give assu-the employment of British seamen in the public or commercial serrances that a law shall be passed (to be reciprocal) to prohibit the vice of that state. employment of British seamen in the public or commercial service of the United States. The British government now, as heretofore, is ready to receive from the government of the United States, and amicably to discuss, any proposition which professes to have in view either to check abuse in the exercise of the practice of impressment, or to accomplish by means, less liable to vexation, the object for which impressment has hitherto been found necessary; but they cannot COFFsent to suspend the exercise of a right upon which the naval strength of the empire mainly depends, until they are fully convinced that means can be devised, and will be adopted, by which the object to be obtained by the exercise of that right can be effectually secured. I have the honor to be, sir, your most obe licnt humble servant, CASTLEREAGH. (Signed) It is sincerely believed that such an arrangement would prove more efficacious in securing to Great Britain her seamen than the practice of impressment so derogatory to the sovereign attributes of the United States, and so incompatible with the personal rights of their citizens. Your lordship will not be surprised that I have presented the revocation of the orders in council as a preliminary to the suspension of hostilities, when it is considered that the act of the British government of the 23d of June last, ordaining that revocation, is predicated on conditions, the performance of which is rendered impracticable by the change which is since known to have occur red in the relations between the two countries. It cannot now be MR. RUSSEL TO ORD CASTLEREAGH. expected that the government of the U. States will immediately on 18, Bentinck-street, 1st September 1812. due notice of that act, revoke or cause to be revoked its acts excluding from the waters and harbors of the U. States, all British MY LORD-I have learnt, with much regret, by your lordship's armed vessels, and interdicting commercial intercourse with Great note, dated the 29th ult. which I did not receive until this morn Britain. Such a procedure would necessarily involve consequences J. Russel, esq. &c. &c. be. too unreasonable and extravagant to be for a moment presumed.ing, that the Prince Regent has thought proper to decline to ac The order in council of the 23d of June last, will therefore, accord- cede to the proposition for a suspension of hostilities, contained in ing to its own terms be null and of no effect, and a new act of they note of the 24th of August. British government, adapted to existing circumstances, is obviously required for the effectual repeal of the orders in council of which the United States complain. It has been matter of surprise to me that my view, with regard to the revocation of the orders in council of the 23d of June lust, should have been considered to have been incorrect, when it appears by your lordship's note that the British government itself had deen ed it necessary to give powers to the British admiral to stipulate for its full effect, and thereby admitted that a new act was required for that purpose. The government of the United States considers indemnity for injuries received under the orders in council and other edicts, vo Jating the rights of the American nation, to be incident to their repeal, and it believes that satisfactory provision will be made in the definite treaty, to be hereafter negociated, for this purpose. The conditions now offered to the British government for the it termination of the war by an armistice as above stated, are so moderate and just in themselves, and so entirely consistent with its interest and honor, that a confident hope is indulged that it will not hesitate to accept them. In so doing it will abandon no right; it will sacrifice no interest; it will abstain only from violating the rights of the U. States, and in return it will restore peace with the power from whom in a friendly commercial intercourse so many advantages are to be derived. Your lordship is undoubtedly aware of the serious difficulties with which a prosecution of the war, even for a short period, must ne cessarily embarrass all future attempts at accommodation. Passions exasperated by injuries-alliances or conquests on terms which for bid their abandonment-will mevitably hereafter embitter and pro tract a contest which might now be so easily and happily termi Dated. Deeply impressed with these truths, I cannot but persuade myself that his royal highness the Prince Regent, will take into his early consideration the propositions herein made on behalf of the United States, and decide on them in a spirit of consideration and justice. I have the honor to be, with high consideration, my lord, your lordship's most obedient servant, (Signed) To the right hon. lord viscount Castlereagh, &c. JONA. RUSSEL. LORD CASTLEREAGH TO MR. RUSSEL. It now only remains for me to announce to your lordship, that is my intention to embark immediately at Plymouth, on board the ship Lark, for the United States, and to request that permission may be granted, as soon as may be, for the embarkation of my servants, baggage and the effects of this legation, and that the neces sary passports may be furnished for my own and their safe conduct to that destination. I hvail myself of this occasion to apprize your lordship that I am authorised by the government of the United States to leave Retben Gaunt Beasely, esq. as its agent for prisoners of war in this country, and to desire that every necessary facility may be afforded him in the exercise of that trust, by the British government. I bave the honor to be, my lord, your lordship's most obedient JONA. RUSSEL humble servant, (Signed) The right hon. lord viscount Castiereagh, &c. MR. RUSSEL TO MR. MONROE. London Sept. 3, 1812. SIR-I enclose nerein a copy of a note received yesterday from lord Castlereagh which will acquaint you that I have obtained my passports to return to the United States, and that Mr. Beasely is permitted to remain as agent for prisoners of war. Immediately on demanding my passport I addressed to the consuls a circular, of which you will also find a copy enclosed. The Swiftsure packet sailed on the 31st of last month from Fal mouth for America, and it is very probable that she takes out instructions, suggested by the overture made here, but there is no reason to believe that they can be of a natute to satisfy the United I have the honor to be, with great consideration, sir, your faithful States. Foreign Office, August 29. SIR-Although the diplomatic relations between the two governpients have been terminated by a declaration of war on the part of the U. States, I have not hesitated under the peculiar circumstances of the case, and the authority under which you act, to submit to the Prince Regent the proposition contained in your letter of the 24th inst. for a suspension of hostilities. From the period at which your instructions must have been is sued, it is obvious that this overture was determined upon by the government of the U. States, in ignorance of the order in council of the 23d of June last, and as you inform me that you are not at liberty to depart from the conditions set forth in your letter, it only remains for me to acquaint you that the Prince Regent feels him self under the necessity of declining to accede to the proposition therem contained, as being on various grounds absolutely inadmissible. LORD CASTLEREAGH TO MR. RUSSEL. Foreign-Office, September 2, 1812. SIS-I have laid before his royal highness the Prince Regent, your letter of the 1st instant, in which you announce your intention to embark immediately at Plymouth on board the ship Lark, for the United States. I have already had the honor of forwarding to you an admiralty order for protection of that ship as a cartel, on her voyage to America, and herewith enclose to you a passport for the free embarka tion of yourself and family, in conformity to your request. The lords commissioners of his majesty's treasury will issue directions As soon as there was reason to apprehend that Mr. Foster's fune to the commissioners of the customs, to give every facility to the tions might have ceased in America, and that he might have been embarkation of your effects. obliged to withdraw himself, in consequence of war having been If, previous to your departure from England, you can point out declared, from the U. States, before the abovementioned order of the to me any particular manner in which I can facilitate your arrange 23d of June, and the instructions consequent thereupon could havements, I beg that you will command my services. reached him, measures were taken for authorising the British ad His royal highness has commanded me to signify to you, for the miral on the American station, to propose to the government of information of your governmen, that there will be no difficu ty s the U. States, an immediate and reciprocal revocation of all hostile allowing Mr. Reuben Gaunt Beasely, as stated in your letter, o orders with the tender of giving full effect, in the event of hostili- reside in this country, as the United States agent for prisoners of ties being discontinued, to the provisions of said order, upon the conditions therein specified. From this statement you will perceive that the view you have taken of this part of the subject is incorrect; and that in the present state of the relations between the two cou tries, the operation of the order of the 23d of June can only be defeated by a refusal on the part of your gover sucht to desist from hostilities, or to comply with the conditions expressed in the said order, Under the circumstances of your having no powers to negociate, war. I have the honor to subscribe myself, with great truth and consideration, sir, your most obedient humble servant, CASTLEREAGH. (Signed) J. Ruscl, esq ức. éc. Cr. LEGISLATURE OF NEW-YORK. GOVERNOR'S SPEECH. I must eciite entering into a detailed discussion of the propositions Gentlemen of the Senate, and of the Assembly, which you have been directed to bring forward. I cannot, however, refrain, on one single point, from express a suspension of hostilities, the government of the United States A few days after the last adjournment of the le ing my surprise; nam ly that as a condition, preliminary even to gislature, a declaration of war was officially announcshould have thought fit to demand, that the British government ed by the United States against the United Kingdom of Great Britain and Ireland, and its dependencies. In the attack on Queenston, however, and in the afThe great exposure of a vast range of our southern, fair of Brownston, prior to the surrender of Detroit, northern and western frontier to annoyance from the and on various other occasions, the army, and milienemy, and to the depredations of savages in alli-tia have invariably exhibited the deliberate and unance with them, rendered the proclamation of hos-daunted bravery of veterans. tilities, during the recess of the legislature, an event I beg leave respectfully to recommend to your conpeculiarly interesting to the citizens of this state, sideration the propriety of making suitable provi and imposed upon the executive a paramount duty sions for the families of those officers and soldiers to apply the resources which the foresight and libe- of the militia of this state who have been disabled, rality of the legislature had placed at my disposal, or who have fallen in the battle of Queenston. in such manner as not only to provide a security for It has not been usual to protract the November the property and lives of the inhabitants of the fron-meeting of the legislature beyond the time required tiers, but also to subserve the national will, by fa- to discharge the important trust of designating elec cilitating the operations of the general government tors of President and Vice President of the United for a vigorous prosecution of the war as the most States; but an imperious duty requires that the case certain means of bringing it to a speedy and honora- of John Bowman, convicted of the crime of murder ble termination. My endeavors to accomplish these before Mr. Justice Thompson, at the last court of objects, have been generously seconded by the offi- oyer and terminer, held in the county of Herkimer, cers and soldiers of the militia. be submitted to your attention immediately. The offi It was to be feared, whilst Great Britain held, not cial communication of the presiding judge is now only the dominion of the ocean, but was permitted delivered. The unequivocal guilt of the convict on to maintain an undisputed supremacy on the lakes the one hand, and his tender yeara on the other, make also, that the burthen of the militia of this state in your duty, with respect to him, extremely delicate the first campaign of the war, would be extremely and responsible. This is the only matter of extraorarduous. Accordingly, most of the detached mili-dinary nature which I shall, at present, press upon tia, together with a considerable number of inde- your notice. Should you, however, be disposed to pendent, uniform and volunteer companies, have devote attention, during the present session, to been called into actual service, either at New-York, other subjects, upon the intimation of that intention, Buffalo, Lewistown, Niagara, Oswego, Sacket's Har- I shall do myself the honor of furnishing you, by bor, Ogdensburg, or Plattsburg, or in the frontier special message, a detailed statement of the arrangetowns between those places. It affords me great sa-ments and proceedings which have been adopted subtisfaction, however, to inform you, that it is consequently to the declaration of war. In the mean fidently expected that the appropriation made in June time, I cannot refran from seizing the earliest oplast to meet the emergency of invasion or war, will portunity of suggesting some imperfections which be adequate to defray all the expences hitherto in-experience has pointed out in the existing mode of curred on the part of the state. detaching militia for public service, that the applicaIn reflecting upon the events and consequences of tion of suitable remedies may be the subject of your the war, from its commencement to the present peri- reflections during the recess of the legislature. od, we find more cause of exultation than could rea- All persons above the age of forty-five years, sonably have been expected, considering the pacific amongst whom it is to be presumed the greatest structure of our national government, the enjoyment portion of wealth is distributed, and a great variety of nearly thirty years peace, the smallness of our na-of persons under that age, are exempt from milita vy, the very limited number of our regular and dis-ry duty altogether in time of peace, and there is no ciplined troops, and a temporary deficiency of many provision which subjects them to any contribution munitions. Nearly as great proportion of homeward or duty in time of war. Besides, the penalty for the bound merchantmen have escaped capture as has disobedience of those who are liable to military duty, been customary during the last three or four years and who are detached for actual service, is pecuniaof peace. The market for the produce of the farmer ry only; and the fine is neither appropriated to the has experienced an unexpected and unusual rise, in- benefit of those whose circumstances do not enable stead of a depression. Upon the ocean and the lakes, them to evade actual service in that way, nor to prowherever our gallant tars have come in contact with vide substitutes for those who neglect to pay the the enemy, their conduct has given lustre to the Ame-penalty. The consequence is, that an affluent porrican character; and in some instances, their achieve-tion of the community do not participate in the danments have been brilliant beyond example. It can-gers and burthens of service at all, and many of the not but be expected that the general government, most wealthy of those who may be detached, avoid impressed with the propriety, the justice, and the taking the field by the payment of a trifling amount, indispensible necessity of yielding more ample pro-scarcely exceeding the value of the requisite clothtection to our commerce, and of rendering the Ame-ing and equipments to fit a soldier for service; whilst rican nation more formidable in war, will increase our the more indigent, perhaps with young families to naval establishment to the extent warranted by the support, are alone subject to the sacrifices of supresources and spirit of the nation. porting the government and defending the lives and Although the surrender of the north-western ar- property of their fellow-citizens, and receive a commy is greatly to be deplored, and tended to increase pensation, which, in comparison with their earings at the difficulties which the militia of this state have home, is but a mere pittance. Every principle of had to encounter, and retard the operations of go- policy and justice requires, that some other system vernment; and although the attack on Queenston be devised, by which the hardships and perils of dedid not eventuate propitiously; yet it cannot for a fending the country shall be more equitably diffusmoment be doubted, that the issue of the contest will ed. be glorious to our country. Reverses were to be ex- Gentlemen, pected in the first outset of inexperienced troops.- Notwithstanding differences of opinion upon a vaThese have originated, not in a want of valor in our riety of local and other subjects may exist amongst soldiers or of resources in our country, but in the us, yet in the propriety of respecting, and of yieldunavoidable difficulties, under existing circumstan-ing our exertions to support the national will, conces, of directing the one, and developing the other, stitutionally expressed, and to preserve the rights, m a sudden emergency, with the greatest advantage. honor and character of the American nation unim Inspired by one who killed the innocent traveller-my heart is paired, we must all heartily concur. these sentiments, our united efforts, under the smiles straight, and not for any more bloodshed. I would of Providence, cannot but be honorable to ourselves, rather bury and forget all and begin anew, if this and conducive to the lasting happiness and prosperity of our beloved country. DANIEL D. TOMPKINS. Albany, November 3, 1812. should be agreeable to our father the president of the United States. I request you to send this talk to our father the President. I also request you, our father, the agent of the Chickesaws, to try and recover the property of our two distressed hunters, which was The following letter from judge Thompson to his ex- taken from them by the whites, of which I have giv cellency the governor, was the only document or pa-en you a list some time past: they are in very great distress, being robbed of their clothes and other per accompanying the speech. articles. Albany, November 1, 1812. We, the chiefs and warriors of the Cherokees, SIR-At a court of oyer and terminer, held in and for the county of Herkimer in September last, a boy representatives of all the Cherokees west of the by the name of John Bowman was convicted of the Mississippi, on the one part, and the great memurder of a female child between four and five years dal Mingoes Pukshunnabee and Mushoolatubbee of age. The murder was perpetrated in June, 1811, or Tootumastubbee on the part of the Choctaws, at which time the convict was but little more than agrce: 1st. That there shall henceforth be perpetual nine years of age. He was sentenced for execution This distant peace between the two nations; that all past differ on the fourth day of December next. day was appointed for his execution, principally for ences and animosities shall cease, and that the conthe purpose of affording an opportunity of having tracting parties shall also mutually endeavour to his case submitted to the consideration of the legis-preserve peace between themselves and all other lature. I have not thought it necessary to report to nations. your excellency the testimony given upon the trial, 2d. It is hereby agreed between the contracting as I entertained no doubt of the propriety of the parties, that if any murder should hereafter be com conviction. If a particular detail of the evidence is mitted by any Cherokee or a Choctaw, or by any requested, it shall be furnished without delay. Choctaw or a Cherokee, the guilty person alone shall shall at present only state generally, that the proof be held answerable and suffer for the crime, and that against him was clear and conclusive, to establish no innocent person shall suffer; and the said contract. his guilt. Whether, however, considering his ten- ing parties furthur agree and pledge themselves, and der years, it would not be expedient to arrest his ex-respective nations, that from henceforth retaliation of ecution, by an exchange of punishment, is a ques-murder on innocent person's shall forever cease and tion well worthy the consideration of the legislature. be abolished, any custom to the contrary notwith The propriety, therefore, of a communication to standing. Sd. The Chickasaws as witnesses to this agree-" them on the subject, is respectfully submitted to your excellency. I am, with due respect, yours, &c. ment, request to be made parties and on principles SMITH THOMPSON. of reciprocity do hereby enter into the same obligations. To his excellency the governor. Indian Treaty. The following, is perhaps, the first instance in which the aborigmals of our country have formally renounced to each other, the principle of general retaliation, and is recorded as an important item in the history of this people. A talk from a great medal Mingo of the Choctaw Lower Towns. Done at the council house in the Chickesaw country this nineteenth day of September, in the year one thousand eight hundred and twelve, in witness whereof we have hereunto set our hands and seals. (Signed) Richard Fields Pukashunnubbee, Interpreters. Runnutoo Choctaw, Choctaw. Chickasaw. Channubbeemingo, Toutumastubbee, George Colbert, Swedish Diet. estates, and their dismissal, the 18th of August, 1812. Council House, Chickesaws, 20th September, 1812. Tootumastubboe, Great Medal chief of the Choctaws observed that he had but a short talk to give, Some white warriors and it should be a true one. In presence of James Robertson, U. States agent had killed one of the peaceable Choctaw hunters in to the Chickasaw's, Silas Dinsmoor, United States common hunting the Chickesaw country, their ground; that his brother wept for the loss: and the agent to the Choctaw's; Hardy Perry, Charles Frafoolish, hasty Choctaw killed a lonely innocent trazer, John L. Mizell, James Pitchlynn, James Gun. veller. The headmen do not approve of this conduct. Our agent demanded the life of the murderer on account of his retaliating on the innocent, contrary to our stipulation by treaty; the council Speech of the Crown Prince to the deputies of the granted his request, but to gratify the family he belongs to, we have postponed the execution of him To the Knighthood and Nobility. till we know whether the whites will punish the agGood gentlemen of the Knighthood and Nobility, gressor, as the Choctaw killed was perfectly innocent The assembly of the kingdom, which has now of any bad intentions; hunting on his own hunting ground, the Choctaw and Chickesaw countries being arrived at its conclusion, will be remarkable in the Common to both nations for the purpose of hunting; annals of our country. Notwithstanding that the and being at peace with all nations, were not appre-din of arms resounds from the Dwina to the banks of hensive of any danger, and least of all from their bro- the Tagus,-notwithstanding the animosity of some thers the white people; being so far from their settle- of our neighbors, your consultations have rendered ments they did not expect they would be hunting themselves remarkable by that coolness which is alenemics there but if the white people will punish ways the proof of valor and justice. The orders of knighthood and nobility have ob the person who trespassed on our hunting ground by killing one of our men, we are bound to kill the tained fresh claims to their king's respect and frend |