University of Virginia Library

TO JAMES MONROE.

In my letter of March 18th to the joint Commissioners,
it was signified that in a Conventional arrangement on the
subject of Boundaries, it would be inconsistent with the
views of the President, to open any part of Louisiana, to a
British trade with the Indians. From the evident solicitude
of the British Government on this point, it is highly probable
that the determination of the President will be a bar to any
adjustment of that part of the differences between the two
Countries; nor is it very probable, considering the jealousy
and want of information on the British side, that independently
of that obstacle the adjustment would at this time be concluded.
That you may not however be without any information
which might contribute to its accuracy, or put you
on your guard against propositions militating against any of
our just pretensions, I transmit herewith copies of a communication
from the Governor of New York, and of another
from the Governor of Vermont. With respect to the last it
may be sufficient merely to save the right of correcting the
alleged error at a future day. With respect to the subject

of the former, it may be proper either to leave that also open to
future discussion, or rather to provide for a joint examination
and report relative to the Islands and channels in the
St. Laurence, &c. The most obvious and convenient demarkation
would seem to be the channel best fitted for navigation.
But as a more equal division of the Islands might
possibly be made without losing sight of a sufficient channel
for common use, and as military positions may be involved in
the case, it may be most safe and satisfactory to both parties,
to proceed on more thorough and impartial information
than is now possessed by either. I address these communications
to our Ordinary Minister at London, merely because
the subject has not been formally transferred to the joint
Commissioners. They will of course be for the use of the
latter, if this branch of the negotiations should remain in their
hands.

I have already had frequent occasion to transmit accounts
of British outrages in the American seas, and particularly
on our coasts and within our harbours. I am now under the
necessity of communicating a recent insult from the Commanding
officer of the Driver sloop of War, lying at the time,
in violation of law, in the harbour of Charleston, which is too
gross to be otherwise explained than by the letter containing it,
the original of which is herewith inclosed, and will be legal
proof of the offence.

You will lay the case before the British Government without
comment, because that cannot be necessary, and without
any special requisition, because a silent appeal to its own
sensibility, ought to be the most effectual, as it will be the
most respectful course for obtaining the satisfaction due to the
United States. It will remain to be seen in this case, as in
that of Capt. Whitby, how far it is the disposition of the
British Government to reform, by proper examples, the
outrages and arrogance which their naval Commanders
have too long practised with impunity.

In addition to this enormity of the Capt. of the Driver,

it is proper to inclose an instance of another stamp, which
involves the Court of Vice Admiralty at Bermuda, as well
as Capt. Berresford who commands the Cambrian, another
of the interdicted ships. You will find by the inclosed
letter from Mr. [OMITTED] at Bermuda that a dispatch from
the Charge des Affaires of the United States at Madrid, found
on board an American vessel, sent by Berresford for trial at
Bermuda, was, after having the seals broken, and of course
been read, thrown into the Registrars office, left there for
several Months, and finally permitted only to be forwarded
to its address; the letter continuing throughout without
being even sealed. To place this disgraceful proceeding in
its just light, it is to be noted that the dispatch was under
the official seal, and endorsed in the hand writing, and with
the name of Mr. Erving, as from the Legation of the United
States at Madrid; and that an inclosed letter from him to
me, endorsed in his hand private, was treated in the same
manner. This occurrence, and it is far from being the only
one of the sort, will afford another test of the degree of respect
entertained by that Government, as well for its own honor,
as for the most sacred of all rightly belonging to others.

As a further evidence of the aggressions and provocations
experienced by our National rights from the Licenciousness
of British Officers and Agents, I inclose a statement from
our late Commercial Agent at Curracoa, of the proceedings
at that Island at, and subsequent to its capture by the
British arms. I inclose also copies of Affidavits of a Pilot
and of the Master of the Brig Mercury, relating to the Conduct
of the Frigate Melampus. These wrongs contribute to swell
the just claims of indemnity, of which the amount is in
other respects so considerable.

In my letter of [OMITTED] I explained the violation of our
territory by the British ships of war which destroyed the
French 74 near the shore of North Carolina, and inclosed
the copy of a letter from the French Plenipotentiary here
on that subject. In another of late date he redoubles his

remonstrances, and presses in the strongest manner, the
reparation due to his Government for the wrong done to it.

That the British Government understands and feels what
is due from others to her own territorial jurisdiction is sufficiently
manifested by the Complaint lately delivered by its
Minister here in consequence of special instructions against
an irregularity committed in the harbour of Malta, by the
Commander of a public vessel of the United States. An
explanation of the incident, with the Note of Mr. Erskine will
be found in the documents which make a part of the present
inclosures. Mr. Erskine was immediately told that the
United States were as ready to do as to demand justice; that
in the case stated the punishment of a British subject, by a
foreign Officer, within British jurisdiction, instead of a resort
to the local Magistracy, was an assumption of power not to
be justified, however it might be mitigated by the frequency of
examples given by British Commanders; and that the respect
of the United States for the principle which had been violated
would be proved by the measures which would be pursued.
The President being now returned to the Seat of Government,
a more formal answer to the same effect, will be given as soon
as the pressing and weighty business on hand will permit.

The coincidence of this incident with the remonstrances
proceeding from the United States may be made to bear advantageously
on the reasonableness and necessity of regulations
which will put an end to all such occasions of irritation and
ill will between the two Countries. It cannot be too strongly
repeated that without some effectual provision against the
wanton spoliations and insults committed by British Cruizers
on our Coasts and even within our harbours, no other arrangements
whatever can have the desired effect, of maintaining and
confirming the harmony of the two Nations. And it deserves
the serious consideration of the British Government whether
any provision will be effectual which does not suppress the
practice of British Cruizers in watching and waylaying our
commerce in the vicinity of our ports. The British Nation

prides itself on a respect for the authority of the law of
Nations. Let it then consult the rules laid down on this
point by all jurists who treat of it. Let the learned and
respectable Azuni be consulted, or even Vattell so often
appealed to in support of British principles. Great Britain
professes a particular regard to system and consistency in
all her political and legal principles, let her then trace in her
own principles and claims, when she was a neutral nation,
the illegality of the proceedings of which we complain. Certain
it is that if these proceedings continue to find no adequate
remedy elsewhere, they must present a dilemma here which
may compel the United States to seek one either in the extension
of measures already exemplified, or in such others as
may be deemed more efficacious.

You will have received a statement of the case of Yrujo of
which two copies have been inclosed to you. He has not yet
been subjected to any further consequence of his misbehaviour,
than a degradation from the exercise of his functions. The
suspicions are very strong that he intrigued and co-operated
with the projects of Burr as being levelled against the Unity
of the Empire. The intercepted letters from him to his
Court, which were communicated by the British Ministers,
tho' as you observe less important than had been presumed,
convict him of the libellous and mischievous spirit of his
communications. You will take occasion to express to the
British Government the sense entertained by the President of
the cordial manner in which it furnished the contents of
those letters.

Col. Burr's trial commences at Richmond to day. There
is a profusion of affidavits charging him with a complication
of crimes. What the force of the Oral testimony, or the
event of the Trial, may be, cannot be foretold. Much of the
strongest testimony will necessarily be absent, unless a postponement
should take place. I send you a printed copy of
what passed on his examination before the Chief Justice.

I send you also, a series of news-papers, with a late

statistical publication containing some interesting views of
our National faculties and resources.