University of Virginia Library

TO JAMES MONROE.

My last general letter was dated the 26th of October, and
sent in sundry copies both to London and Madrid, it not being
then certain at which of those places it would find you. The
letters since received from you are of October 15th & December
20th. From Mr. Purviance a letter has also been received
of October 19th.

The procrastinations of the British Ministry in meeting
you effectively, on the subjects proposed in your project for
a Convention, betray a repugnance to some of them, and a
spirit of evasion, inauspicious to a satisfactory result. Still
your conduct was prudent, in winking at this dilatory policy,
and keeping the way open for a fair and friendly experiment
on your return from Madrid, which it is presumed will have
taken place before this will reach London. The experience
of every day, shows more and more the obligation on both
sides, to enter seriously on the means of guarding the harmony
of the two countries against the dangers with which it is
threatened by a perseverance of Great Britain in her irregularities
on the high seas, and particularly in the impressments
from American vessels. The extent in which these have taken
place since the commencement of the War, will be seen by
the inclosed report required from this Department by a vote
of the House of Representatives, and the call for it whilst
negotiations on the subject were understood to be in train,
is itself a proof of the public sensibility to those aggressions
on the security of our citizens and the rights of our flag. A
further proof will be seen in the motion also inclosed, which
was made by Mr. Crowninshield, and which will probably be
revived at the next Session. This motion with his remarks
on it, appear very generally in the newspapers, with comments
proceeding from a coincidence of the sensibility out
of doors with that within. A still stronger proof of impatience

under this evil, will be found in the proceedings authorized
by an Act of Congress just passed and which is likewise
inclosed, against British Officers committing on the high seas
trespasses or torts on board American vessels; offences manifestly
including cases of impressment.

In communicating these circumstances it will occur to you
that whilst they may be allowed to proclaim the growing
sensibility of the United States on the subject of impressments,
they ought, by proper explanations and assurances to be
guarded against a misconstruction into marks of illiberal or
hostile sentiments towards Great Britain. The truth is, and
it may be so stated by you, that this practice of impressments,
aggravated by so many provoking incidents has been so long
continued, and so often, in vain remonstrated against, that
without more encouragement than yet appears, to expect
speedy redress from the British Government, the United
States are in a manner driven to the necessity of seeking for
some remedy dependent on themselves alone. But it is no
less true that they are warmly disposed to cherish all the
friendly relations subsisting with Great Britain; that they
wish to see that necessity banished by just and prudent
arrangements between the two Governments; and that with
this view you were instructed to open the negotiations which
are now depending. It is impossible for the British Government
to doubt the sincerity of these sentiments. The forbearance
of the United States year after year, and war after
war, to avail themselves of those obvious means which without
violating their national obligations of any sort, would appeal
in the strongest manner, to the interest of Great Britain, is
of itself a sufficient demonstration of the amicable spirit which
has directed their public councils. This spirit is sufficiently
manifested also, by the propositions which have been lately
made thro' you, and by the patience and cordiality with
which you have conducted the negotiation. I might add,
as a further proof to the same effect, that notwithstanding
the refusal of which we have official information, from Glasgow

and Liverpool particularly, to restore American seamen
deserting their ships in British ports, the laws of many of the
States have been left, without interruption, to restore British
deserters. One of the States, Virginia, has even at the last
Session of its Legislature, passed an Act for the express purpose
of restoring such deserters; which deserves the more attention,
as it was done in the midst of irritations resulting from the
multiplied irregularities committed by British ships in the
American seas.

Mr. Merry has expressed some inquietude with respect
to the clause in the Act above referred to, which animadverts
on British trespasses on board American vessels; and his
language on several late occasions has strongly opposed the
expectation that Great Britain will ever relinquish her practice
of taking her own subjects out of neutral vessels. I did
not conceal from him my opinion that the terms "trespass &c"
would be applicable to the impressment of British subjects
as well as others, or that the United States would never accede
to that practice. I observed to him that every preceding
administration had maintained the same doctrine with the
present on that point; and that such were the ideas and feelings
of the Nation on it, that no administration would dare
so far surrender the rights of the American flag. He expressed
dissatisfaction also at the section which requires certain
compliances on the part of British ships of War entering our
harbours, with arrangements to be prescribed by the Collectors.
He did not deny the right of the Nation to make
what rules it might please in such cases; but apprehended
that some of them were such as the Commanders might
deem incompatible with their just pretensions, especially
when subjecting them to the discretion of so subaltern an
authority as that of the Collectors; and consequently, that
the law would have the unfriendly effect of excluding British
ships of War altogether from American ports. He was reminded,
in reply, that the Collectors were, according to the
terms of the section, to be guided in the exercise of their

power by the directions of the President; and it was not only
to be presumed, but he might be particularly assured, that
the directions given would be consistent with the usages due
to public ships, and with the respect entertained for nations in
amity with the United States. He asked whether in transmitting
the Act to his government, as his duty would require,
he might add the explanation and assurances he had heard
from me. I answered, that without having received any
particular authority for that purpose from the President,
I could safely undertake that what I had stated was conformable
to his sentiments.

Inclosed is another Act of Congress restraining and regulating
the arming of private vessels by American citizens.
This Act was occasioned by the abuse made of such armaments
in forcing a trade, even in contraband of war, with the
Island of St. Domingo; and by the representations made on the
subject of that trade by the French Charge" des Affaires and
Minister here, and by the British Minister with respect to
abuses which had resulted ormight result from such armaments
in cases injurious to Great Britain. A report of these representations
as made to the President is herewith inclosed.
The Act, in substituting a security against the unlawful use
of the armaments in place of an absolute prohibition of them;
is not only consistent with the obligations of a neutral nation,
but conformable to the laws[22] and ordinances of Great Britain
and France themselves, and is consequently free from objections
by either. The interposition of the Government
tho' claimed in behalf both of Great Britain and of France,
was most pressed in behalf of the latter. Yet the measure,
particularly as it relates to the shipment of contraband Articles
for the West Indies, is likely to operate much more conveniently
for Great Britain than for France, who cannot like
Great Britain otherwise ensure a supply of these Articles
for the defence of her Colonies.

(In the project which you have offered to the British Government
I observe you have subjoined a clause for securing
respect to certificates of citizenship. The effect of this clause
taken as it ought to be & as was doubtless intended, in context
with the preceding clause, is limited to the case provided for
in that clause. Still it may be well in order to guard against
the possibility of its being turned into a pretext for requiring
such certificates in other cases, that a proviso for the purpose
be added, or that words of equivalent restriction be inserted.

I find also that you have considered it as expedient to drop
altogether the 4th Article contained in the project transmitted
to you. It would certainly be better to do this than to listen
to such an Article concerning provisions as Sweden was induced
by the little interest she has in that branch of trade,
to admit into her late Treaty with Great Britain. It is certainly,
in a general view, ineligible also to strengthen by
positive stipulations the doctrine which subjects to confiscation,
enemies property in neutral vessels. It appears to
the President nevertheless, that this consideration is outweighed
by the great advantages which would be gained by
the Article, and by the sanction which the United States
have already given to that doctrine. It can scarcely be presumed
that France would complain of such an Article when
seen in its real shape. The immunity given to naval stores,
and the security given to the trade of her Colonies, including
the supplies essential to them, would seem to render such an
Article particularly desirable to her. For this reason among
others it is not probable that the British Government would
have ever acceded to the Article even as making a part of the
general arrangement; and more so that it will be rejected on
its intrinsic merits. I have thought it proper, however, to
make you acquainted with the view which the President has
of the subject, that you may pursue it as far as any opportunity
may present itself.)

Another subject requiring your attention is pointed at by
the Resolutions of the Senate moved by General Smith on

the subject of a British Tax on exports under the name of a
Convoy duty. A copy of the Resolution is inclosed. A duty
under that name was first laid in the year 1798. It then
amounted to p. of one P. Cent on exports to Europe; and
one P Cent on exports to other places, and consequently to
the United States. The discrimination being evidently contrary
to the Treaty then in force, became a subject of discussion
between Mr. King and the British Ministry. His
letters to the Secretary of State and to Lord Grenville explain
the objections urged by him and the pretexts in
support of the measure alleged by them. The subject was resumed
in my letter of 5th March 1804 to Mr. King with a copy
of which you have been already furnished. It was received
by Mr. Gore during the absence of Mr. King on the Continent;
and if any occasion was found proper by either for repeating
the remonstrance against the duty, it appears to have been
without effect. Whilst the Treaty was in force the discrimination
was unquestionably a violation of its faith.
When the War ceased, it lost the pretext that it was the price
of the Convoy, which giving a larger protection to the American
than to the European trade, justified a higher price for
the former than for the latter. Even during war the exports
are generally made as American property and in American
vessels, and therefore with a few exceptions only, a convoy
which would subject them to condemnation, from which they
would otherwise be free, would be not a benefit but an injury.
Since the expiration of the Treaty, the discrimination
as well as the duty itself can be combated by no other arguments
than those, which in the document referred to are
drawn from justice, friendship and sound policy; including
the tendency of the measure to produce a discontinuance
of the liberal but unavailing example given to Great Britain
by the regulations of commerce on our side, and a recurrence
to such counteracting measures as are probably contemplated
by the mover of the Resolutions of the Senate. All these
arguments gain strength in proportion to the augmentations
which the evil has latterly received; it being now stated that
the duty amounts to 4 P Cent on the exports to the United
States. These, according to Cockes answer to Sheffield
amounted in the year 1801 to about 7 Millions sterling and
therefore levy a tax on the United States of about 1,300,000
dollars. From this is indeed to de deducted a sum proportional
to the amount of re-exportations from the United
States. But on the other hand, is to be added, the increase
of the exports since the year 1801 which probably exceed the
re-exportations.

With the aid of these communications and remarks, you
will be at no loss for the views of the subject most proper to
be presented to the British Government, in order to promote
the object of the Resolutions; and the resolutions themselves
ought powerfully to second your efforts, if the British Government
feels the same desire as actuates the United States
to confirm the friendship and Confidence on both sides, by a
greater conformity on that side to the spirit of the Commercial
regulations on this.

I have referred above to the inclosed copy of the motion
made by Mr. Crowninshield in the House of Representatives.
The part of it which has relation to the trade with the West
Indies, was suggested as appears in his introductory observations
by the late proclamations of the British West India
Governors, excluding from that trade vessels of the United
States, and certain Articles of our exportations particularly
fish, even in British vessels. These regulations are to be
ascribed partly to the attachment of the present administration
in Great Britain to the Colonial and Navigation system,
partly to the interested representations of certain merchants
and others residing in the British Provinces on the Continent.
Without entering at large into the policy on which
the Colonial restrictions are founded, it may be observed that
no crisis could be more ineligible for enforcing them, than
the present, because at none more than the present, have the
West Indies been absolutely dependent on the United States

for the supplies essential to their existence. It is evident
in fact that the United States by asserting the principle of a
reasonable reciprocity, such as is admitted in the trade with
the European ports of Great Britain, and as is admitted even
in the Colonial trade of other European Nations, so far at
least as respects the vessels employed in the trade, might
reduce the British Government at once to the dilemma of
relaxing her regulations or of sacrificing her Colonies: and
with respect to the interdict of supplies from the United
States of Articles necessary to the subsistence and prosperity
of the West Indies, in order to force the growth and prosperity
of the Continental provinces of Nova Scotia &c; what can be
more unjust than they to impoverish one part of the foreign
dominions which is considered as a source of wealth and power
to the parent country, not with a view to favor the parent
country but to favor another part of its foreign dominions,
which is rather expensive than profitable to it? What can
be more preposterous than thus at the expence of Islands
which not only contribute to the Revenue, commerce and
navigation of the parent state, but can be secured in their
dependence by that Naval ascendancy which they aid, to
foster unproductive establishments which from local causes
must eventually detach themselves from the parent state
and the sooner in proportion as their growth may be
stimulated.

Considerations, such as these ought to have weight with
the British Government, and may very properly enter into
frank conversations with its Ministry on favorable occasions.
However repugnant that Government may be to a departure
from its system in the extent contemplated by Mr. Crowninshield's
motion, it may at least be expected that the trade
as opened in former wars, will not be refused under circumstances
which in the present, particularly demand it: it may
be hoped that the way will be prepared for some permanent
arrangement on this subject between the two Nations, which

will be conformable to equity, to reciprocity and to their
mutual advantage.