University of Virginia Library

TO JAMES MONROE.

The documents herewith inclosed from No. 1 to No.
9 inclusive, explain the hostile attack, with the insulting
pretext for it, lately committed near the Capes of Virginia,
by the British ship of War the Leopard, on the American
frigate the Chesapeake. No. 10 is a copy of the Proclamation
issued by the President, interdicting, in consequence of
that outrage, the use of our waters and every other accommodation,
to all British Armed ships.

1st. This enormity is not a subject for discussion.[164] The
immunity of a national ship of War from every species and
purpose of search on the high seas, has never been contested
by any nation. Great Britain would be second to none, in
resenting such a violation of her rights, and such an insult
to her flag. She may bring the case to the test of her own
feelings, by supposing that, instead of the customary demand
of our marines serving compulsively even, on board her ships of
war, opportunities had been seized for rescuing them, in like
manner, whenever the superiority of force, or the chance of
surprize, might be possessed by our ships of War.

But the present case is marked by circumstances which
give it a peculiar die. The seamen taken from the Chesapeake
had been ascertained to be native Citizens of the
United States; and this fact was made known to the bearer
of the demand, and doubtless communicated by him to his
commander, previous to the commencement of the attack.
It is a fact also, affirmed by two of the men, with every

appearance of truth, that they had been impressed from
American vessels into the British frigate from which they
escaped, and by the third, that having been impressed from a
British merchant ship, he had accepted the recruiting bounty
under that duress, and with a view to alleviate his situation,
till he could escape to his own country: and that the attack
was made during a period of negotiation, and in the midst
of friendly assurances from the British Government.

The printed papers, herewith sent, will enable you to
judge of the spirit which has been roused by the occasion. It
pervades the whole community, is abolishing the distinctions
of party; and, regarding only the indignity offered to the
Sovereignty and flag of the Nation, and the blood of Citizens
so wantonly and wickedly shed, demands, in the loudest tone,
an honorable reparation.

With this demand you are charged by the President. The
tenor of his proclamation will be your guide, in reminding
the British Government of the uniform proofs given by the
United States of their disposition to maintain, faithfully,
every friendly relation; of the multiplied infractions of their
rights by British Naval Commanders on our coasts and in
our harbours; of the inefficacy of reiterated appeals to the
justice and friendship of that Government; and of the moderation
on the part of the United States, which reiterated
disappointments had not extinguished; till at length no
alternative is left, but a voluntary satisfaction on the part of
Great Britain, or a resort to means depending on the United
States alone.

The nature and extent of the satisfaction ought to be suggested
to the British Government, not less by a sense of its
own honor, than by justice to that of the United States.

[165] A formal disavowal of the deed, and restoration of the four
seamen to the ship from which they were taken, are things of
course and indispensable. As a security for the future, an
entire abolition of impressments from vessels under the flag

of the United States, if not already arranged, is also to make
an indispensable part of the satisfaction. The abolition must
be on terms compatible with the instructions to yourself
and Mr. Pinkney on this subject; and if possible without the
authorized rejection from the service of the United States of
British seamen who have not been two years in it. Should it
be impossible to avoid this concession on the part of the United
States, it ought of itself, as being more than a reasonable price
for future security, to extend the reparation due for the past.

But, beyond these indispensable conditions the United
States have a right to expect every solemnity of form and every
other ingredient of retribution and respect, which, according
to usage and the sentiments of mankind, are proper in the
strongest cases of insult, to the rights and sovereignty of a nation.
And the British Government is to be apprized of the
importance of a full compliance with this expectation, to the
thorough healing of the wound which has been made in
the feelings of the American Nation.

Should it be alleged as a ground for declining or diminishing
the satisfaction in this case, that the United States have
themselves taken it, by the interdict contained in the proclamation,
the answer will be obvious. The interdict is a measure
not of reparation, but of precaution; and would besides be
amply justified by occurrences prior to the extraordinary
outrage in question.

The exclusion of all armed ships whatever from our waters
is, in fact, so much required by the vexations and dangers to
our peace experienced from their visits, that the President
makes it a special part of the charge to you, to avoid laying
the United States under any species of restraint from adopting
that remedy. Being extended to all belligerent nations, none
of them could of right complain; and with the less reason,
as the policy of most nations has limited the admission of
foreign ships of war, into their ports, to such number as, being
inferior to the naval force of the Country, could be readily
made to respect its authority and laws.

As it may be useful in enforcing the justice of the present
demands, to bring into view applicable cases, especially
where Great Britain has been the complaining party, I
refer you to the ground taken, and the language held by her,
in those of the Faulkland Islands, and Nootka Sound; notwithstanding
the assertion by Spain, in both cases, that the
real right was in her, and the possession only in Great Britain.
These cases will be found in the Annual Registers for 1771
and 79, and in the parliamentary debates for those years.
In the latter you will find also two cases referred to, in one
of which the French King sent an Ambassador Extraordinary
to the King of Sardinia, in the most public and solemn manner,
with an apology for an infringement of his territorial rights
in the pursuit of a smuggler and murderer. In the other
case, an Ambassador Exty was sent by the British Government
to the Court of Portugal, with an apology for the pursuit and
destruction by Admiral Boscawen, of certain French ships
on the coasts of this last Kingdom. Many other cases more
or less analogous may doubtless be found, see particularly
the reparation by France to Great Britain for the attack on
Turks Island in 1764, as related in the Annual Register and
in Smollets continuation of Hume vol. 10; the proceedings in
the case of an English merchantman, which suffered much
in her crew and otherwise from the fire of certain Spanish
Zebecs cruizing in the Mediterranean, and the execution
of the Lieutenant of a privateer for firing a gun into a Venetian
Merchantman, which killed the Capt. as stated in the Annual
Register f or 1781 page 94. The case of an affront to a Russian
Ambassador in the Reign of Queen Ann, tho' less analogous
shews, in a general view, the solemnity with which reparation
is made for insults having immediate relation to the
Sovereignty of a nation.

Altho' the principle which was outraged in the proceedings
against the American Frigate, is independent of the question
concerning the allegiance of the seamen taken from her,
the fact that they were citizens of the United States, and

not British subjects may have such an influence on the
feelings of all, and perhaps on the feelings of some unacquainted
with the laws and usages of nations, that it has
been thought proper to seek more regular proofs of their
National character than were deemed sufficient in the first
instance. These proofs will be added by this conveyance, if
obtained in time for it; if not, by the first that succeeds.

The President has an evident right to expect from the
British Government, not only an ample reparation to the
United States in this case, but that it will be decided without
difficulty or delay.[166] Should this expectation fail, and above
all, should reparation be refused, it will be incumbent on you
to take the proper measures for hastening home, according to
the degree of urgency, all American vessels remaining in British
ports; using for the purpose the mode least likely to awaken the
attention of the British Government. Where there may be no
ground to distrust the prudence or fidelity of Consuls, they
will probably be found the fittest vehicles for your intimations.
It will be particularly requisite to communicate to our public
ships in the Mediterranean the state of appearances, if it be
such as ought to influence their movements.

All negotiation with the British Government on other subjects
will of course be suspended until satisfaction on this be so
pledged and arranged as to render negotiation honorable.

Whatever may be the result or the prospect, you will please
to forward to us the earliest information.

The scope of the proclamation will signify to you, that the
President has yielded to the presumption, that the hostile
act of the British Commander did not pursue the intentions of
his Government. It is not indeed easy to suppose, that so
rash and critical a step, should have originated with the
admiral; but it is still more difficult to believe, that such orders
were prescribed by any Government, under circumstances,
such as existed between Great Britain and the United States.

Calculations founded on dates, are also strongly opposed

to the supposition, that the orders in question could have
been transmitted from England. In the same scale are to be
put the apparent and declared persuasion of the British
representative Mr. Erskine, that no orders of a hostile spirit
could have been issued or authorized by his Government, and
the coincidence of this assurance with the amicable professions
of Mr. Canning, the organ of the new administration,
as stated in the dispatch of the 22d April from yourself and
Mr. Pinkney.

Proceeding on these considerations, the President has
inferred, that the justice and honor of the British Government
will readily make the atonement required; and in that
expectation, he has forborne an immediate call of Congress,
notwithstanding the strong wish which has been manifested
by many, that measures depending on their authority, should
without delay be adopted. The motives to this forbearance
have, at the same time, been strengthened by the policy of avoiding
a course, which might stimulate the British cruizers in this
quarter to arrest our ships and seamen now arriving and shortly
expected in great numbers, from all quarters. It is probable,
however, that the Legislature will be convened in time to receive
the answer of the British Government on the subject of this
dispatch; or even sooner if the conduct of the British squadron
here, or other occurrences, should require immediate measures
beyond the authority of the Executive.

You are not unaware of the good will and respect for
the United States, and personally even for the President,
which have been manifested by the Emperor of Russia, nor of
the inducements to cultivate the friendship of so great a
power, entertaining principles and having interests, according
in some important views, with those of the United States.
This consideration combined with the subsisting relations
between Russia and Great Britain, make it proper
in the opinion of the President, that in case of an express
or probable refusal of the satisfaction demanded of the British
Government, you should take an early occasion, if there be no

special objections unknown here, of communicating to the
Russian Minister at London, the hostile insult which has been
offered, as well as the resort which may become necessary
on our part, to measures constituting or leading to war, and
of making him sensible of the regret which will be felt, at a
rupture with a power, to which the Emperor is allied by so
many close and important interests.

In order to give you the more expedition and security
to the present dispatch, a public armed vessel, the Revenge,
is especially employed, and Dr. Bullus is made the bearer, who
was on board the Chesapeake on his way to a Consulate
in the Mediterranean, and will be able to detail and explain
circumstances, which may possibly become interesting in the
course of your communications with the British Government.

The vessel after depositing Dr. Bullus at a British port will
proceed with dispatches to a French port, but will return to
England with a view to bring the result of your transactions
with the British Government. The trip to France will afford
you and Mr. Pinkney a favorable opportunity for communicating
with our ministers at Paris, who being instructed to regulate
their conduct on the present occasion, by the advices they may
receive from you will need every explanation that can throw
light on the probable turn and issue of things with Great Britain.