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The writings of James Madison,

comprising his public papers and his private correspondence, including numerous letters and documents now for the first time printed.
  
  
  
  
  

  
  
  
  
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TO JAMES MONROE.
  
  
  
  
  
  
  
  
  
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TO JAMES MONROE.

D. OF S. MSS. INSTR.

Sir,

My letter of 20th July made you acquainted with the
irregularities committed by British ships of War in and adjoining
the harbour of New York, and with the correspondence
which had ensued between Mr Merry and myself. I
now add copies of the letters which have since passed between
us on that subject, with copies of documents since received
relating to the same or to subsequent violations of our national
rights.[19]

From the letter of Mr Merry and its inclosures, you will
discover that instead of promoting a redress of the injuries
represented to him, he makes himself an advocate of the
authors; and from my reply, that finding such to be the case,
it is not proposed to protract the discussion with him. It
rests consequently altogether with you to place the subject
in the proper light before the British Government, and to
press in a proper manner the satisfaction due to the United
States from its justice and its friendly policy. In doing this,
it need not be repeated that regard is to be had equally to a


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manly tone in stating the complaints, and to a conciliatory
respect, in appealing to the motives from which a satisfactory
interposition is expected. Mr. Merry has endeavored to
construe a candid and friendly intimation of the dilemma to
which the United States will be exposed by a continuance
of such outrages, into an offensive threat, and will no doubt
so present it to his Government. Should the language to
which he refers not sufficiently otherwise explain itself, you
are authorized to disclaim any intention on our part inconsistent
with the respect which the United States owe and
profess for the British Government, and which in this case
best coincides with the respect which they owe to themselves.
It must be recollected at the same time, that the expediency
of some provisions against aggressions on our commerce and
our harbours was a subject of very interesting deliberation
with Congress at their last Session; that it was postponed under

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a hope that such provisions would be rendered unnecessary
by the just and amicable regulations of the belligerent powers;
and that it is more than probable that a disappointment in
this particular can scarcely fail to revive the subject at the
next Session. These considerations are too important not
to be brought into view in your communications with the
British Government; and you will know how and when to
do it with the least risk of irritation, and consequently with
the greatest probability of useful effect.

I have the honor to be &c
 
[19]

He wrote to Merry Sept. 3:

"The several communications & representations to which it is a
reply, had for their object to obtain your interposition towards repairing
and controuling the irregularities practised by British ships
of war in the Harbour of N. York and on the adjoining coasts. The
resort was produced by a confidence that proceedings so contrary to
public and local law, so irritating in their tendency and so much at
variance with the sentiments which your Government is believed to
entertain towards the U. States, would have received from you all
the discountenance which they seemed to merit. Finding from the
tenor of your letter, and it is found with much regret, that instead
of the expected result, charges supported by regular proof against
the British Commanders are considered as answered by the denials of
the parties; that not only the authority to impress British subjects
from American Vessels on the high seas is maintained, but a positive
sanction is moreover given to the impressment of British subjects
(which includes the decision of questions of allegiance) from British
vessels within the acknowledged Sovereignty of the U. States, with
an implied Sanction to the extraordinary pretension of a British naval
Commander, the Captain of the Cambrian, to a dominion of his Ship
over a certain space around it, even when lying in an American port;
that the continuance of enemy ships in one of our ports, a continuance
which may be prolonged indefinitely at the pleasure of an adequate
force, is alledged as a sufficient vindication of the use which continues
to be made of the Port by British ships, and of their proceedings in its
vicinity to which that use is made subservient: finding, in a word that
the view which you have been pleased to take of the complaints addressed
to you, appears to be calculated rather to fortify than to restrain
the British Commanders, in the course which they are pursuing;
it is not perceived that any advantage is promised by the further
discussion which might result from entering into the particular comments
of which some of your observations are susceptible. It is
deemed more proper to indulge the expectation that the subject will
be seen by the Councils of his Britannic Majesty in a light more satisfactory
to the U. States, and more correspondent with the disposition
to cherish all the friendly relations which so happily exist between the
two Nations, and which are so strongly recommended by their mutual
interests.

"The irregularities charged on the French ships of War now at N.
York, were first notified to the Government by your representations on
that head. You may assure yourself, Sir, that they will be enquired
into with that attention which the U. States owe not only to their own
jurisdiction; but to their neutral position, to which they will always
be as ready to pay respect themselves, as to insist on it from others."
Mad. MSS.