University of Virginia Library

TO JAMES MONROE.

The decision of the Admiralty Courts of Great Britain
disallowing the sufficiency of landing and paying duties on
Colonial produce of belligerent Colonies, re-exported from
ports of the United States to protect the produce against the
British Craizers and Courts, has spread great alarm among
the merchants, and has had a grievous effect on the rate of
insurance. From the great amount of property afloat subject
to this new and shameful depredation, a dreadful scene
of distress may ensue to our commerce. The subject was
brought to attention by the case of the Aurora, which gave
rise to the observations and instructions contained in my
letter of the 12th of April last. I omitted in that letter
to refer you to a case in Blackstone's reports, where Lord
Mansfield says "that it was a rule settled by the Lords of

appeal, that a transhipment off a neutral port, was equivalent
to the landing of goods from an enemy's Colony, and that
in the case of a landing there could be no color for seizure."
As Mr. King's correspondence may not be in London, I think
it not amiss to remind you of what passed with the British
Government in 1801 in consequence of such seizures as are
now sanctioned. A copy of the doctrine transmitted by the
Government to the Vice Admiralty Courts as the law for their
guidance is enclosed. If such a condemnation out of their
own mouths has no effect, all reasonings will be lost; and absolute
submission, or some other resort in vindication of our
neutral rights, will be the only alternative left.

I hope you will have received the instructions above referred
to, and that your interposition will have had a good
effect. I am engaged in a pretty thorough investigation of
the original principle, to which so many shapes are given,
namely, "that a trade not open in peace is not lawful in War";
and shall furnish you with the result as soon as my researches
are digested. If I am not greatly deceived, it will appear
that the principle is not only against the law of nations, but
one which Great Britain is precluded from assuming by the
most conclusive facts and arguments derived from herself.
It is wonderful that so much silence has prevailed among the
neutral authors on this subject. I find scarcely one that
has touched on it; even since the predatory effects have been
known to all the world. If you can collect any publications,
which can aid in detecting and exposing the imposture, be
so good as to send them.

I have been here eight weeks with Mrs. Madison, who was
brought hither in order to have the assistance of Dr. Physic,
in curing a complaint near her knee; which from a very slight
tumor had ulcerated into a very obstinate sore. I believe
the cure is at length effected, and that I shall be able to set
out in a few days for Washington. The President is to be
there on the 2nd of October. I postpone all reflections of a
public nature until I can communicate the result of his cabinet

consultations. Mrs. Madison presents her affectionate respects
to Mrs. Monroe.