Page images
PDF
EPUB

should, within a time to be limited, re-
peal their Restrictive Laws against Bri-
tish commerce. His Majesty's Minister
n America was expressly ordered to de-
clare to the Government of the United
States, that this measure had been
adopted by the Prince Regent, in the
earnest wish and hope, either that the
Government of France, by further relaxa-
tions of its system, might render perse-
verance on the part of Great Britain in
retaliatory measures unnecessary, or if
this hope should prove delusive, that his
Majesty's Government might be enabled,
in the absence of all irritating and re-
strictive regulations on either side, to en-
ter with the Government of the United
States into amicable explanations, for the
purpose of ascertaining whether, if the
necessity of retaliatory measures should
unfortunately continue to operate, the
particular measures to be acted upon by
Great Britain could be rendered more
acceptable to the American Government,
than those hitherto pursued."-In order
to provide for the contingency of a De-
claration of War on the part of the United
States, previous to the arrival in America
of the said Order of Revocation, Instruc-
tions were sent to his Majesty's Minister
Plenipotentiary accredited to the United
States (the execution of which instruc-
tions, in consequence of the discon-
tinuance of Mr. Foster's functions, were
at a subsequent period entrusted to Ad-
miral Sir John Borlase Warren), direct-
ing him to propose a cessation of hostili-
ties, should they have commenced; and
further to offer a simultaneous repeal of
the Orders in Council on the one side,
and of the Restrictive Laws on British
ships and commerce on the other. They
were also respectively empowered to ac-
quaint the American Government, in re-
ply to any inquiries with respect to the
blockade of May, 1806, whilst the British
Government must continue to maintain
its legality, "that in point of fact this
particular blockade had been discon-
tinued for a length of time, having been
merged in the general retaliatory block-
ade of the Enemy's ports under the Or-
ders in Council, and that his Majesty's
Government had no intention of recurring
to this, or to any other of the blockades
of the Enemy's ports, founded upon the
ordinary and accustomed principles of
Maritime Law, which were in force pre-
vious to the Orders in Council, without a
new notice to Neutral Powers in the usual
form." The American Government, be-
fore they received intimation of the course
adopted by the British Government, had,
in fact, proceeded to the extreme mea-
sure of declaring war, and issuing "Let-
ters of Marque," notwithstanding they
were previously in possession of the re-

port of the French Minister for Foreign Affairs, of the 12th of March, 1812, pro-, mulgating anew the Berlin and Milan Decrees, as fundamental laws of the French Empire, under the false and extravagant pretext, that the monstrous principles therein contained were to be found in the Treaty of Utrecht, and were therefore binding upon all States. From the penalties of this code no nation was to be exempt, which did not accept it, not only as the rule of its own conduct, but as a law, the observance of which it was also required to enforce upon Great Britain. In a Manifesto, accompanying their Declaration of Hostilities, in addition to the former complaints against the Orders in Council, a long list of grievances was brought forward; some trivial in themselves, others which had been mutually adjusted, but none of them such as were ever before alleged by the American Government to be grounds for war. As if to throw additional obstacles in the way of peace, the American Congress at the same time passed a law, prohibiting all intercourse with Great Britain, of such a tenour, as deprived the Executive Government, according to the President's own construction of that Act, of all power of restoring the relations of friendly intercourse between the two States, so far, at least, as concerned their commercial intercourse, until Congress should re-assemble.-The President of the United States has, it is true, since proposed to Great Britain an Armistice; not, however, on the admission, that the cause of war hitherto relied on was removed; but on condition, that Great Britain, as a preliminary step, should do away a cause of war, now brought forward as such for the first time; namely, that she should abandon the exercise of her undoubted right of search, to take from American merchant vessels British seamen, the natural-born subjects of his Majesty; and this concession was required upon a mere assurance that laws would be enacted by the Legislature of the United States, to prevent such seamen from entering into their service: but independent of the objection to an exclusive reliance on a foreign State, for the conservation of so vital an interest, no explanation was, or could be afforded by the agent who was charged with this overture, either as to the main principles upon which such laws were to be founded, or as to the provisions which it was proposed they should contain. This proposition having been objected to, a second proposal was made, again offering an Armistice, provided the British Government would secretly stipulate to renounce the exercise of this right in a Treaty of Peace. An immediate and formal aban

donment

was

donment of its exercise, as preliminary to a cessation of hostilities, was not demanded; but his Royal Highness the Prince Regent was required, in the name and on the behalf of his Majesty, secretly to abandon what the former overture had proposed to him publicly to concede. This most offensive proposition also rejected, being accompanied as the former had been, by other demands of the most exceptionable nature, and especially of indemnity for all American vessels detained and condemned under the Orders in Council, or under what were termed illegal blockades-a compliance with which demands, exclusive of all other objections, would have amounted to an absolute surrender of the rights on which those Orders and blockades were founded.-Had the American Government been sincere in representing the Orders in Council, as the only subject of difference between Great Britain and the United States calculated to lead to hostilities, it might have been expected, so soon as the revocation of those Orders had been officially made known to them, that they would have spontaneously recalled their letters of marque," and manifested a disposition immediately to restore the relations of peace and amity between the two Powers.-But the conduct of the Government of the United States by no means corresponded with such reasonable expectations.-The Order in Council of the 23d of June being officially communicated in America, the Government of the United States saw nothing in the repeal of the Orders in Council, which should of itself restore peace, unless Great Britain were prepared, in the first instance, substantially to relinquish the right of impressing her own seamen, when found on board American merchant ships. The proposal of an armistice, and of a simultaneous repeal of the restrictive measures on both sides, subsequently made by the Commanding officer of his Majesty's naval forces on the American coast, were received in the same hostile spirit by the Government of the United States. The suspension of the practice of impressment was insisted upon, in the correspondence which passed on that occasion, as a necessary preliminary to a cessation of hostilities: negociation, it was stated, might take place without any suspension of the exercise of this right, and also without any armistice being concluded; but Great Britain was required previously to agree, without any knowledge of the adequacy of the system which could be substituted, to negociate upon the basis of accepting the legislative regulations of a foreign State, as the sole equivalent for the exercise of a right, which she has felt to be essential to the

support of her maritime power. - If America, by demanding this preliminary concession, intends to deny the validity of that right, in that denial Great Britain cannot acquiesce; nor will she give countenance to such a pretension, by acceding to its suspension, much less to its abandonment, as a basis on which to treat. If the American Government has devised, or conceives it can devise, regu lations, which may safely be accepted by Great Britain, as a substitute for the exercise of the right in question, it is for them to bring forward such a plan for consideration. The British Government has never attempted to exclude this question from amongst those on which the two States might have to negociate: it has, on the contrary, uniformly professed its readiness to receive and discuss any pro position on this subject, coming from the American Government: it has never asserted any exclusive right, as to the impressment of British seamen from American vessels, which it was not prepared to acknowledge, as appertaining equally to the Government of the United States, with respect to American seamen when found on board British merchant ships; but it cannot, by acceding to such a basis in the first instance, either assume, or admit that to be practicable, which, when attempted on former occasions, has always been found to be attended with great difficulties; such difficulties, as the British Commissioners in 1806 expressly deelared, after an attentive consideration of the suggestions brought forward by the Commissioners on the part of America, they were unable to surmount.Whilst this proposition, transmitted through the British Admiral, was pending in America, another communication on the subject of an armistice was unofficially made to the British Government in this country. The agent, from whom this proposition was received, acknowledged that he did not consider, that he had any authority himself to sign an agreement on the part of his Government. It was obvious, that any stipulations entered into, in consequence of this overture, would have been binding on the British Government, whilst the Government of the United States would have been free to refuse or accept them, according to the circumstances of the moment. This proposition was, there. fore, necessarily declined.-After this exposition of the circumstances which preceded, and which have followed the declaration of war by the United States,his Royal Highness the Prince Regent, acting in the name and on the behalf of His Majesty, feels himself called upon to declare the leading principles by which the conduct of Great Britain has been regulated in the transactions connected with these discussions,

"

cussions-His Royal Highuess can never acknowledge any blockade whatsoever to be illegal, which has been duly notified, and is supported by an adequate force, merely upon the ground of its extent, or because the ports or coasts blockaded are not at the same time invested by land: His Royal Highness can never admit, that neutral trade with Great Britain can be constituted a public crime, the commission of which can expose the ships of any Power whatever to be denationalized. -His Royal Highness can never admit, that Great Britain can be debarred of its right of just and necessary retaliation, through the fear of eventually affecting the interest of a neutral.-His Royal Highness can never admit, that in the exercise of the undoubted and hitherto undisputed right of searching neutral merchant vessels in time of war, the impressment of British seamen, when found therein, can be deemed any violation of a neutral flag. Neither can he admit, that the taking such seamen from on board such vessels, can be considered by any neutral State as a hostile measure, or a justifiable cause of war.-There is no right more clearly established, than the right which a Sovereign has to the alle giance of his subjects, more especially in time of war. Their allegiance is no optional duty, which they can decline, and resume at pleasure. It is a call which they are bound to obey: it began with their birth, and can only terminate with their existence.-If a similarity of language and manners may make the exereise of this right more liable to partial mistakes, and occasional abuse, when practised towards vessels of the United States, the same circumstances make it also a right, with the exercise of which, in regard to such vessels, it is more difficult to dispense.-But if, to the practice of the United States, to harbour British seamen, be added their assumed right, to transfer the allegiance of Briush subjects, and thus to cancel the jurisdiction of their legitimate Sovereign, by acts of naturalization and certificates of citizenship, which they pretend to be as valid out of their own territory as within it, it is obvious that to abandon this antient right of Great Britain, and to admit these novel pretensions of the United States, would be to expose to danger the very foundation of our maritime strength. Without entering minutely into the other topics which have been brought forward by the Government of the United States, it may be proper to remark, that whatever the Declaration of the United States may have asserted, Great Britain never did demand, that they should force British manufactures into France; and she formally declared her willingness entirely to forego, or modify, in concert with the

United States, the system, by which a commercial intercourse with the Enemy had been allowed under the protection of licenses; provided the United States would act towards her, and towards France, with real impartiality. - The Government of America, if the differences between States are not interminable, has as little right to notice the affair of the Chesapeake. The aggression, in this instance, on the part of a British officer was acknowledged, his conduct was disapproved, and a reparation was regularly tendered by Mr. Foster on the part of his Majesty, and accepted by the Government of the United States. It is not less unwarranted in its allusion to the mission of Mr. Henry; a mission undertaken without the authority, or even knowledge of his Majesty's Government, and which Mr. Foster was authorized formally and officially to disavow.-The charge of exciting the Indians to offensive measures against the United States is equally void of foundation. Before the war began, a Q policy the most opposite had been uniformly pursued, and proof of this was tendered by Mr. Foster to the American Government. Such are the causes of war which have been put forward by the Government of the United States. But the real origin of the present contest will be found in that spirit, which has long unhappily actuated the Councils of the United States: their marked partiality in palliating and assisting the aggressive tyranny of France; their systematic endeavours to inflame their people against the defensive measures of Great Britain; their ungenerous conduct towards Spain, the intimate ally of Great Britain; and their unworthy desertion of the cause of other neutral nations. It is through the prevalence of such councils, that America has been associated in policy with France, and committed in war against Great Britain.-And under what conduct on the part of France has the Government of the United States thus lent itself to the Enemy? The contemptuous violation of the Commercial Treaty of the year 1800 between France and the United States; the treacherous seizure of all American vessels and cargoes in every harbour subject to the controul of the French arms; the tyrannical principles of the Berlin and Milan Decrees, and the confiscations under them; the subsequent condemnations under the Rambouillet Decree, antedated or concealed to render it the more effectual; the French commercial regulations which render the traffick of the United States with France almost illusory; the burning of their merchant ships at sea, long after the alleged repeal of the French Decrees all these acts of of France, prod

[graphic]

of the United States, only such complaints as end in acquiescence and submission, or are accompanied by suggestions for enabling France to give the semblance of a legal form to her usurpations, by converting them into municipal regulations. This disposition of the Government of the United States,-this complete subserviency to the Ruler of France,this hostile temper towards Great Britain, are evident in almost every page of the official correspondence of the American with the French Government.- Against this course of conduct, the real cause of the present war, the Prince Regent solemnly protests. Whilst contending against France, in defence not only of the liber ties of Great Britain, but of the world, his Royal Highness was entitled to look for a far different result. From their

common origin,-from their common interest, from their professed principles of freedom and independence,-the United States were the last Power in which Great Britain could have expected to find a willing instrument and abettor of French tyranny. Disappointed in this his just expectation, the Prince Regent will still pursue the policy which the British Government has so long and invariably maintained, in repelling injustice, and in supporting the general rights of nations; and, under the favour of Providence, relying on the justice of his cause, and the tried loyalty and firmness of the British nation, his Royal Highness confidently looks forward to a successful issue to the contest in which he has thus been compelled most reluctantly to engage. Westminster, Jan. 9, 1813.

INTERESTING INTELLIGENCE FROM THE LONDON GAZETTES. Admiralty-office, Dec. 22. A letter from Capt. Tobin, of the Andromache, off the Gironde, states that the Briton had, on the 15th inst. captured the Sans Souci French privateer, of 14 guus, and 120 meu.

Missing-Lieut.-gen. the Hon. Sir E Paget, K. B.

Foreign-office, Dec. 26.-This Gazette announces that measures have been taken for the blockade of the ports and harbours of the Bay of the Chesapeake, and of the River Delaware, in America. Downing-street, Dec. 26. Extract of a Dispatch from Marquis Wellington, dated Frenada, Dec. 2.

I enclose the return of the killed, wounded, and missing of the troops in the operations from Salamanca to Ciudad Rodrigo, from Nov. 15, to 19.

Total British Loss-2 captains, 2 serjeants, 7 rank and file, 15 horses killed : 2 captains, 2 lieutenants, 4 serjeants, 86 rank and file, 9 horses wounded; 1 general staff, 3 serjeants, 2 drummers and trumpeters, 106 rank and file, 58 horses, missing.

Total Portuguese Loss-1 ensign, 36 rank and file, killed; 1 lieutenant, 1 ensign, 3 serjeants, 40 rank and file, wounded; 66 rank and file, missing.

Officers Killed, Wounded, and Missing. British Killed Capt. M'Cabe, 51st regt. and Capt. H. Dawson, 52d regiment, 1st batt.

Portuguese-Ensign Joa Joze Areveda, 20th Portuguese regiment.

British Wounded-Lieut. G. Rideout, 43d foot, 1st batt. severely (leg amputated); Lieut. H. M. Baillie, ditto, slightly; Capt, J. H. Currie, 52d ditto, 1st batt. ditto; Capt. T. Fuller, severely, not dan gerously.

Portuguese-Ensign T. Pinto de Casteo, 19th Portuguese regim. nt, slightly; Lieut. G. de Carma Lima, 2d Portuguese Caçadores, ditto.

Sir,

Admiralty-office, Dec. 26.

Poictiers, at Sea, Oct. 23. It is with the most bitter sorrow and distress I have to report to your Excellency the capture of his Majesty's brig Frolic, by the ship Wasp belonging to the United States of America, on the 18th inst. Having under convoy the homeward-bound trade from the Bay of Honduras, and being in lat. 36 deg. N. and 64 deg. W. on the night of the 17th we were overtaken by a most violent gale of wind, in which the Frolic carried away her main-yard, lost her topsails, and sprung the main top-mast. On the morning of the 13th, as we were repairing the damages sustained in the storm, and reassembling the scattered ships, a suspicious ship came in sight, and gave chace to the convoy. The merchant ships continued their voyage before the wind under all sail; the Frolic dropped astern, and hoisted Spanish colours, in order to decoy the stranger under her guns, and to give time for the convoy to escape. About ten, both vessels being within hail, we hauled to the wind, and the battle began. The superior fire of our guns gave every reason to expect its speedy termi-' nation in our favour, but the gaffa headbraces being shot away, and there being no sail on the main-mast, the brig became unmanageable, and the Enemy succeeded in taking a position to rake her, while she was unable to bring a gun to bear. After laying some time exposed to a most destructive fire, she fell with the bowsprit betwixt the Enemy's main and mizen rigging, still unable to return his fire. At length the Enemy boarded, and made himself master of

the

:

Al

the brig, every individual officer being wounded, and the greatest part of the men either killed or wounded, there not being 20 persons remaining unhurt. though I shall ever deplore the unhappy issue of this contest, it would be great injustice to the merits of the officers and crew if I failed to report that their bravery and coolness are deserving of every praise and I am convinced, if the Frolic had not been crippled in the gale, I should have to make a very different report to your Excellency. The Wasp was taken, and the Frolic re-captured the same afternoon, by his Majesty's ship the Poitiers. Being separated from them, I cannot transmit at present a list of killed and wounded. Mr. Charles M'Kay, the first lieutenant, and Mr. Stephens, the master, have died of their wounds. Sir J. B. Warren.

T. WHINYATES.

Sir, Poictiers, at Sea, Oct. 18. His Majesty's ship under my command has this day captured the American sloop of war Wasp, of 20 guns, and retaken his Majesty's brig Frolie, Capt. Whinyates, which she had captured, after an action of 50 minutes. I have thought it my duty to collect the Frolic's convoy, and to see them in safety to Bermuda.

The conduct of Capt. Whinyates, who I regret to say is wounded, and of his crew, appears to have been so decidedly gallant, that I have been induced to continue him in the command of the Frolic, until your pleasure is known.

Sir J. B. Warren, Bt. J. P. BERESFORD.

A letter from Capt. Broke, of the Shannoa, gives an account of the capture of the Thorn American privateer brig, of 18 guns, long nine-pounders, and 140 men.

A letter from Capt. Davies, of the Garland, reports the capture of the Poor Sailor, American privateer,of one long sixpounder and 50 men, by the boats of the Garland, under Lieut. Brake. Two letters from Capt. Boss, of the Rhodian sloop, state the capture of the Dash American privateer, of one gun and 30 men. And also of the Sarah Ann American privateer, carrying one twelve-pounder, and 40 men.

A list of 33 other American vessels taken by the squadron, between the 11th of July and 22d of October, has also been transmitted.

LONDON GAZETTE EXTRAORDINARY. Foreign-office, Dec. 30.-Dispatches from Viscount Cathcart, K. T.

MY LORD, St. Petersburgh, Nov. 30. In my dispatch of the 25th inst., I had the honour to state to your Lordship the important and brilliant successes of bis Imperial Majesty's arms in the affairs of the 17th and 18th, in the former of which

Marshal Davoust's division was defeated and dispersed with great loss, Buonaparte and the Marshal flying from the field of battle; and in the latter, Marshal Ney's division, near the same place, said to have consisted of 18,000 men, appears to have been completely accounted for by the numbers killed and wounded, in addition to those who afterwards laid down their arms. I also stated the general distribution of the armies as they stood at that time. I have now to acquaint your Lordship, that General Field Marshal Prince Kutuseff Smolensko reports, on the 23d November, from Laniky Farm, that Buonaparte, with his guards, left Orsha on the 20th of November, and marched on the road to Kochanoff; and that on the 21st the remaining troops of the Enemy marched out of the former place, leaving 26 guns, and some hospitals, in which were upwards of 50 wounded French officers.-Count Platoff is ordered to follow the army marching on Kochanoff.-A detachment under Major, gen. Ermaloff, consisting of 14 battalions of infantry, some cavalry, and two companies of artillery, is directed to move by Orsha to reinforce Count Platoff.-The advanced guard of the inajn army, under the command of General Millaradovitch, consisting of the 2d and 7th divisions of infantry, and the 2d division of cavalry, was to cross the Dnieper on the 23d, at Kopys, and was to direct its march upon Tolotchina to join Gen. Ermaloff's.-The main army will cross the Dnieper at Kopys, on the 24th, and march by Starasel to Tsetzershioff, from whence it may be directed according to circumstances, either upon Bobra or Berezinoff.-Gen. Wittgenstein reports, Nov, 24, from the village of Cherai, that Adm. Tchichagoff was at Borisoff Nov. 24, whence Gen.! Langeron informed the Count, by letters of the 22d inst. that Gen. Count Lambert was at Borisoff on the 21st, where he defeated the whole corps of Dembroffski, taking six cannon, two colours, and 3000 prisoners, driving them on upon the road to Orsha; that Count Lambert had also taken, at Kaidanoff, two guns, and from two to three thousand prisoners; and that, including the hospitals at Minsk, in the last eight days, upwards of 11,000. prisoners, and 24 guns, had been taken. -Victor and Oudinot have retired from before Count Wittgenstein upon Borisoff; the latter is marching in pursuit of them, and on the 23d took 800 prisoners and many carriages.-Count Wittgenstein re.. ports, that Gen. Platoff is marching against the great body of the Enemy's, corps upon Toulochinow, by which it appears the Enemy is enclosed on three sides Gen. Platoff in his rear, AdmiralTchichagoff in their front; and Count Wittgenstein

« PreviousContinue »