giving bond. This bond has since been cancelled by an order of the government; and thus the liberation of the property perfected. The New Orleans Packet has been some time waiting in the Garonne, with her return cargo on board, for an opportunity only of escaping the English orders in council. I know of no other American vessel arrived voluntarily in the empire of France or the kingdom of Italy, since the 1st of November, to which the decrees of Berlin and Milan could be applied. I am, sir, &c. J. S. Smith, Esq. Charge d'Affaires, London. JONA. RUSSELL. Mr. Russell to Mr. J. S. Smith. Paris, July 14, 1811. SIR, I had the honour to address to you, on the 5th instant, a brief account of the Grace Ann Greene and of the New Orleans Packet. The proofs which these cases furnish, especially the latter, ought, when unopposed, as it is, by any conflicting circumstance, to be considered as conclusive of the revocation of the French edicts, to which, if continued in force, these cases would have been liable. In addition, however, to this evidence, I have now the satisfaction to communicate to you the liberation of the Two Brothers, the Good Intent, and the Star, three American vessels captured since the first of November, and brought into this empire, or into ports under its control. I should have no doubt been able to have announced the release, by one general decision, of every American vessel captured since that period, if the only inquiry were whether or not they had violated the Berlin and Milan decrees. Unfortunately, however, the practices of late years render the question of property extremely difficult to be satisfactorily decided amidst false papers and false oaths. After the most minute and tedious investigation, it often remains doubtful whether this property belongs to a neutral or an enemy. The time employed in this investigation has surely no connection with the Berlin and Milan decrees, and cannot be considered as evidence of their continuance. It is possible that these decrees may be kept in force in their municipal character, and be applied for the confiscation of English merchandise on the continent; and to prevent their performing this function does not appear to be a concern of the United States, nor can the measure adopted in retaliation of it, on the part of England, be justly extended beyond its limits, and made to reach an unoffending neutral power, which the act of her enemy does not affect. It is sufficient for us, that the Berlin and Milan decrees have ceased to be executed on the high seas, and if the orders in council still continue to operate there, they surely are not supported by any principle of the law of retaliation, but must be considered as a simple and unqualified violation of our neutral and national rights. The proof now before you of the revocation of the Berlin and Milan decrees, consists in the precise and formal declarations of this government-in its discontinuance to execute them to our prejudice in a single instance-in its having exempted from their operation every vessel arriving spontaneously since the 1st of November, to which they could be applied, and every vessel forcibly brought in since that time, on which there has been a decision. After such evidence, to pretend to doubt of their revocation with regard to us, would seem to be the result of something more than mere incredulity. With much respect, I am, sir, &c. &c. J. S. Smith, Esq. Charge d'Affaires, London. Mr. J. S. Smith to the Marquis Wellesley. Bentinck Street, July 23, 1811. MY LORD, The letter which I have the honour to present to your lordship, has been just received by me from Mr. Russell. So full and complete is this document, that I conceive it quite unnecessary to add any comments or remarks of my own. I shall, however, have much pleasure in furnishing any other explanations in my power, either verbal or written, that your lordship may desire. Any doubt's that may have existed here of the effectual repeal of the decrees of Berlin and Milan will now, I feel assured, be completely removed; and I feel equally confident that this revocation of the French edicts will be immediately followed by that of the orders in council, which affect the neutral commerce of the United States. I need not assure your lordship of the great satisfaction I shall have in communicating this event to my government.. As the "orders in council" have been ever declared by his majesty's government to be only of a retaliating character, and that they would cease to have any effect when the causes upon which they were founded had ceased to exist, I trust that no argument is necessary to show (if your lordship shall feel the force with which the accompanying document unequivocally demonstrates the abandonment, on the part of France, of her decrees) that the "orders in council" should be so revoked as to embrace the American vessels that have been captured by British cruisers since the first of November, the period at which the French edicts were revoked. I have the honour to subjoin to this the circumstances of the two vessels to which Mr. Russell alludes in his letter. The Grace Ann Greene had been captured by an English cruiser; was retaken by her own crew, and arrived at Marseilles, where vessel and cargo were, notwithstanding, admitted. The New Orleans Packet had been boarded by two English cruisers, and had been also at an English port, thus doubly transgressing against the French edicts. She arrived at Bordeaux, was seized by the director of the customs for these very transgressions, but, on the remonstrance of Mr. Russel, was immediately released, and has been admitted, vessel and cargo. I have the honour to be, &c. The Most Noble, the Marquis Wellesley. J. S. SMITH. 1 1 Marquis Wellesley to J. S. Smith, Esq. Foreign Office, Aug. 8, 1811. SIR,-Your letter of the 23d ultimo has been under the consideration of his royal highness, the prince regent, and has received all the attention to which it is entitled. I am commanded by his royal highness to acquaint you, that he has thought fit to postpone the answer to your letter until advices, which are hourly expected from Mr. Foster, shall have been received. I have the honour to be, &c. WELLESLEY. J. S. Smith, Esq. &c. Lord Wellesley to J. S. Smith, Esq. Foreign Office, Aug. 14, 1811. SIR,-Since the date of my last letter, I have the honour to inform you, that I have received a letter from Mr. Foster, his majesty's minister in America, by which it appears that he had actually commenced a negotiation with the government of the United States, respecting the British orders in council. His despatches containing the particulars of the negotiation, have not yet reached me. Under these circumstances, I have transmitted a copy of your letter, together with its enclosure, to Mr. Foster, in order that those documents may receive full consideration in the progress of the discussions now depending in America. I have the honour to be, &c. J. S. Smith, Esq. WELLESLEY. Mr. Foster to Mr. Monroe. Washington, Oct. 22, 1811. SIR, I had the honour to receive your letter of 17th instant, together with its three enclosures, on the road between Baltimore and this city; I had that of receiving, at the same time, your letter dated October 1, in answer to mine of the 26th of last July. Not having had any despatches from his majesty's government lately, I have not as yet received the copy of the recent communication from Paris, in regard to the supposed repeal of the French decrees, which the charge d'affaires of the United States at London has intimated to you that he understood the marquis Wellesley intended to transmit to me, and which I conclude is the same as thatcontained in the letter of Mr. Russel, the American charge d'affaires in France. I am, however, in daily expectation of the arrival of his majesty's packet boat, when it will, in all probability, reach me, and when, if I should receive any fresh instructions in consequence, I will not fail immediately to acquaint you. In the mean while, however, I beg you will permit me to make some remarks in reply to your letter of October 1, being extremely anxious to do away the impression which you seem to have received relative to the demand I had made for the repeal of the non-importation act of the present year. It is, I assure you, sir, with very great regret that I find you consider that demand as involving in any degree propositions tending to degrade your nation. Such an idea certainly never existed with his majesty's government, nor would it be compatible with the friendly sentiments entertained by them for the United States; neither could I have suffered myself to be the channel of conveying a demand which I thought had such a tendency. However you may view the demand made on the part of Great Britain, I can safely say that it was made in consequence of its appearing to his majesty's government on strong evidence that the chief of the French nation had really deceived America as to the repeal of his decrees, and in the hopes that the United States' government would therefore see the justice of replacing this country on its former footing of amicable relations with England; nothing appearing to be more natural than such an expectation, which seemed a necessary consequence of the disposition expressed by America to maintain her neutrality, and desirable in every other point of view. I cannot, indeed, bring myself to think, sir, that your candour would allow you, on a reconsideration, to put any other construction on the matter, and had my arguments had sufficient weight with you in showing that the French decrees were still in force, I cannot doubt but you would have agreed with me in the conclusion I drew. It would seem therefore only owing to your not viewing the deceitful conduct of the |