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. 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 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.

I have the honor to be, &c.

SIR,

TO JAMES MONROE.

D. OF S. MSS. INSTR.

DEPARTMENT OF STATE, July 6th, 1807.

The documents herewith inclosed from No. I to No. 9 inclusive, explain the hostile attack, with the insulting pretext for it, lately committed near the Capes of Virginia, by the British ship of War the Leopard, on the American frigate the Chesapeake. No. 10 is a copy of the Proclamation issued by the President, interdicting, in consequence of that outrage, the use of our waters and every other accommodation, to all British Armed ships.

Ist. This enormity is not a subject for discussion. The immunity of a national ship of War from every species and purpose of search on the high seas, has never been contested by any nation. Great Britain would be second to none, in resenting such a violation of her rights, and such an insult. to her flag. She may bring the case to the test of her own feelings, by supposing that, instead of the customary demand of our marines serving compulsively even, on board her ships of war, opportunities had been seized for rescuing them, in like manner, whenever the superiority of force, or the chance of surprize, might be possessed by our ships of War.

But the present case is marked by circumstances which give it a peculiar die. The seamen taken from the Chesapeake had been ascertained to be native Citizens of the United States; and this fact was made known to the bearer of the demand, and doubtless communicated by him to his commander, previous to the commencement of the attack. It is a fact also, affirmed by two of the men, with every Italics for cypher.

appearance of truth, that they had been impressed from American vessels into the British frigate from which they escaped, and by the third, that having been impressed from a British merchant ship, he had accepted the recruiting bounty under that duress, and with a view to alleviate his situation, till he could escape to his own country: and that the attack was made during a period of negotiation, and in the midst of friendly assurances from the British Government.

The printed papers, herewith sent, will enable you to judge of the spirit which has been roused by the occasion. It pervades the whole community, is abolishing the distinctions of party; and, regarding only the indignity offered to the Sovereignty and flag of the Nation, and the blood of Citizens so wantonly and wickedly shed, demands, in the loudest tone, an honorable reparation.

With this demand you are charged by the President. The tenor of his proclamation will be your guide, in reminding the British Government of the uniform proofs given by the United States of their disposition to maintain, faithfully, every friendly relation; of the multiplied infractions of their rights by British Naval Commanders on our coasts and in our harbours; of the inefficacy of reiterated appeals to the justice and friendship of that Government; and of the moderation on the part of the United States, which reiterated disappointments had not extinguished; till at length no alternative is left, but a voluntary satisfaction on the part of Great Britain, or a resort to means depending on the United States alone.

The nature and extent of the satisfaction ought to be suggested to the British Government, not less by a sense of its own honor, than by justice to that of the United States.

1 A formal disavowal of the deed, and restoration of the four seamen to the ship from which they were taken, are things of course and indispensable. As a security for the future, an entire abolition of impressments from vessels under the flag Italics for cypher.