Chapter IV: From the Orders in Council to War (6)

[319] The Secretary of State to Armstrong, June 5, 1810. American State Papers, Foreign Relations, vol. iii. p. 385.

[320] American State Papers, Foreign Relations, vol. iii. p. 386.

[321] Ibid., p. 387.

[322] American State Papers, Foreign Relations, vol. iii. p. 364.

[323] Ibid., p. 365.

[324] Jefferson to Madison, April 27, 1809. Works, vol. v. p. 442.

[325] Correspondance de Napoleon. Napoleon to Champagny, July 31, and August 2, 1810, vol. xx. p. 644, and vol. xxi. p. 1.

[326] American State Papers, Foreign Relations, vol. iii. p. 209. Author's italics.

[327] Canning to Erskine, Dec. 1, 1807, transmitting the Orders in Council of November 11. British Foreign Office MSS.

[328] Monroe to Foster, Oct. 1, 1811. American State Papers, Foreign Relations, vol. iii. p. 445. See also, more particularly, ibid., pp. 440, 441.

[329] U.S. State Department MSS., and State Papers, vol. iii. p. 250.

[330] That is, verbally, before his formal letter of February 23.

[331] Cobbett's Parliamentary Debates, vol. x. p. 669. A search through the correspondence of Canning and Erskine, as well as through the debates of Parliament upon the Orders in Council, January-April, 1808, reveals nothing confirmatory of the _pari passu_ claim, put forth in Madison's letters quoted, and afterwards used by Monroe in his arguments with Foster. But in Canning's instructions to Jackson, July 1, 1809 (No. 3), appears a sentence which may throw some light on the apparent misunderstanding. "As to the willingness or ability of neutral nations to resist the Decrees of France, his Majesty has always professed ... _a disposition to relax or modify his measures of retaliation and self-defence in proportion as those of neutral, nations_ should come in aid of them and take their place." This would be action _pari passu_ with a neutral; and if the same were expressed to Erskine, it is far from incredible, in view of his remarkable action of 1809, that he may have extended it verbally without authority to cover an act of France. My italics.

[332] Wellesley to Pinkney, Aug. 31, 1810. American State Papers, Foreign Relations, vol. iii. p. 366.

[333] American State Papers, Foreign Relations, vol. iii. p. 376.

[334] The American flag was used in this way to cover British shipping. For instances see American State Papers, Foreign Relations, vol. iii. p. 342.

[335] American State Papers, Foreign Relations, vol. iii. p. 408.

[336] Author's italics.

[337] Armstrong had sailed for the United States two months before.

[338] American State Papers, Foreign Relations, vol. iii. p. 391.

[339] Russell on November 17 wrote that he had reason to believe that the revocation of the Decrees had not been notified to the ministers charged with the execution of them. On December 4 he said that, as the ordinary practice in seizing a vessel was to hold her sequestered till the papers were examined in Paris, this might explain why the local Custom-House was not notified of the repeal. Russell to the Secretary of State, U.S. State Department MSS.

[340] Langdon Cheves of South Carolina. Annals of Congress, 1810-11, pp. 885-887.

[341] American State Papers, Foreign Relations, vol. iii. p. 393.

[342] Annals of Congress, 1810-11, p. 990.

[343] Pinkney to the Secretary of State, Jan. 17, 1811. American State Papers, Foreign Relations, vol. iii. p. 408.

[344] Foster had succeeded as _charge d'affaires_ in May, 1809, by the departure of Merry, formerly minister to the United States. He was afterwards appointed minister; but in June, 1810, under pressure from Bonaparte, Sweden requested him to leave the country.

[345] Pearce, Life and Correspondence of the Marquis Wellesley, vol. iii. p. 193.

[346] Author's italics.

[347] American State Papers, Foreign Relations, vol. iii. p. 514. Author's italics.

[348] Ibid., p. 435.

[349] Rodgers to Secretary of the Navy, Aug. 4, 1810. Captains' Letters.

[350] Bainbridge to the Secretary of the Navy, May 3, 1810. Captains' Letters. The case was not singular.

[351] Orders of Admiral Sawyer to the Captain of the "Little Belt." American State Papers, Foreign Relations, vol. iii. p. 475.

[352] American State Papers, vol. iii. p. 473. In the absence of the British admiral, the senior officer at Halifax assembled a board of captains which collected what his letter styles the depositions of the "Little Belt's" officers. Depositions would imply that the witnesses were sworn, but it is not so said in the report of the Board, where they simply "state." In the case of honorable gentlemen history may give equal credit in either case; but the indication would be that inquiry was less particular. The Board reports no question by itself; the "statements" are in the first person, apparently in reply to the request "tell all you know," and are uninterrupted by comment.

[353] The proceedings of this court are printed in American State Papers, Foreign Relations, vol. iii. pp. 477-497.

[354] Annals of Congress, 1811-12, p. 890.

[355] Dec. 17, 1811. American State Papers, Naval Affairs, vol. i. p. 247.

[356] Niles' Register, vol. ii. pp. 101-104.

[357] Russell to Monroe, May 30, 1812. U.S. State Department MSS.

[358] Russell to Monroe, August 15 and 21, 1812. U.S. State Department MSS.

[359] See Jefferson's Works, vol. v. pp. 335, 337, 338, 339, 419, 442-445.

[360] Madison to Russell, Nov. 15, 1811. U.S. State Department MSS.

[361] Russell to Robert Smith, March 15, 1811. U.S. State Department MSS.

[362] Russell to the Secretary of State, July 15, 1811. Ibid.

[363] Ante, p. 217.

[364] Note dictee en conseil d'Administration du Commerce, April 29, 1811. Correspondance de Napoleon, vol. xxii. p. 144.

[365] Russell to Monroe, July 13, 1811. U.S. State Department MSS.

[366] Russell to J.S. Smith, July 14, 1811. American State Papers, Foreign Relations, vol. iii. p. 447.

[367] Russell to Bassano, Aug. 8, 1811. U.S. State Department MSS.

[368] Russell to Robert Smith, April, 1811. Ibid.

[369] Monroe to Russell, June 8, 1811. Ibid.

[370] Reports of the Ministers of Foreign Relations and of War, March 10, 1812. Moniteur, March 16.

[371] Russell to Monroe, April 19, 1812. U.S. State Department MSS.

[372] The copy of this Order in Council which the author is here using is in the Naval Chronicle, vol. xxvii. p. 466.

[373] This letter, which is given in a very mutilated form in the American State Papers, Foreign Relations, vol. iii. p. 602, has been published in full by the Bureau of Historical Research, Carnegie Institution, Washington. Report on the Diplomatic Archives of the Department of State, 1904, p. 64.

[374] American State Papers, Foreign Relations, vol. iii. p. 603.

[375] Barlow's interview with Bassano, and the letters exchanged, will be found in American State Papers, Foreign Relations, vol. iii. p. 602-603. Russell's denial is on p. 614. Serrurier's is mentioned in a Report made to the House by Monroe, Secretary of State, ibid., p. 609.

[376] Barlow to Russell, May 10, 1812. U.S. State Department MSS.

[377] Russell to Monroe, May 9, 1812. Ibid.

[378] The passages cited above are from Russell's correspondence with the State Department, under the dates of January 10, February 3 and 19, March 4 and 20, 1812. U.S. State Department MSS.

[379] Russell to Monroe, May 9, 1812. U.S. State Department MSS.

[380] Barlow to Monroe, March 15, 1812. Ibid. Published by Bureau of Historical Research, Carnegie Institution, 1904, p. 63.

[381] American State Papers, Foreign Relations, vol. iii. p. 433. Author's italics.

[382] Russell to Monroe, June 30, 1812. U.S. State Department MSS.

[383] Russell to Monroe, June 30, 1812. U.S. State Department MSS.

[384] American State Papers, Foreign Relations, vol. iii. p. 405.

[385] Ante, p. 106.

[386] To John Taylor, Sept. 10, 1810. Works of James Monroe, vol. vi. p. 128.

[387] Monroe to Jefferson, Monroe's Works, vol. v. p. 268.

[388] Annals of Congress, 1811-12, p. 2046.