Britain, naturally claim attention, and raise the important question, in reference to the No. X.-JUNE 25th, 1814. GENTLEMEN-No communication has been received, from the joint mission which was ap-subject of impressment, on which it is prepointed to meet the commissioners of the British government, at Gottenburg. A letter from Mr. Bayard, at Amsterdam, of the 13th of March, was the last from either of our commissioners. It was inferred, from that letter, and other communications, that Mr. Bayard, Mr. Gallatin, and Mr. Adams, would be in Gottenburg; and it has been understood, from other sources, that Mr. Clay and Mr. Russell had arrived there about the 15th April. It is therefore expected, that a meeting will have taken place in May, and that we shall soon be made acquainted with your sentiments of the probable result of the negotiation. It is impossible, with the lights which have reached us, to ascertain the present disposition of the British government towards an acco:n nodation with the United States. We think it probable, that the late events in France may have had a tendency to increase its pretensions sumed your negotiations will essentially turn, whether your powers ought not to be enlarg ed, so as to enable you to give to those circumstances all the weight to which they may be entitled. On full consideration, it has been decided, that in case no stipulation can be obtained from the British government at this moment, when its pretensions may have been much heightened by recent events, and the state of Europe be most favourable to them, either relinquishing the claim to im press from American vessels, or discontinuing the practice, even in consideration of the proposed exclusion from them of British seamen, you may concur in an article, stipulating that the subject of impressment, together with that of commerce between the two countries, be referred to a separate negotiation, to he undertaken without delay, at such place as you may be able to agree on, preferring this city, if to be obtained. I annex at the close At war with Great-Britain, and injured by of this letter, a project of an article, expressFrance, the United States have sustained the ing, more distinctly, the idea which it is inattitude founded on those relations. No reli-tended to communicate. not meaning thereby ance was placed on the god offices of France, to restrain you in any respect, as to the form, in bringing the war with Great-Britain to a Commerce and seamen, the objects of impresssatisfactory conclusion. Looking steadily to ment may, with great propriety, be arranged an honourable peare, and the ultimate attain- in the same instrument. By stipulating that ment of justice from both powers, the presi- commissioners shall forthwith be appointed dent has endeavoured, by a consistent and ho- for the purpose, and that all rights on this nourable policy to take advantage of every subject shall, in the mean time, be reserved, circumstance that might promote that result. the faith of the British government will be He nevertheless, knew that France held a pledged to a fair experiment in an amicable place in the political system of Europe, and mode, and the honour and rights of the Uniof the world, which, as a check on England,ted States secured. The United States havcould not fail to be useful to us. What effecting resisted, by war, the practice of impress. the late events may have had, in these re-ment, and continued the war until that pracspects, is the important circumstance of which you are doubtless better informed than we can be. The president accepted the mediation of Russia, from a respect for the character of the emperor, and a belief that our cause, in all the points of controversy, would gain strength by being made known to him. On the sa.ne principle, he preferred (in accepting the British overture, to treat independently of the Russian mediation) to open the negotiation on the continent, rather than at London. It was inferred from the general policy of Russia, and the friendly sentiments and interposition of the emperor, that a respect for both would have much influence with the British cabinet, in promoting a pacific policy towards us. The manner, however, in which it is understood, that a general pacification is taking place--the influence Great-Britain may have in modifying the arrangements involved in it-the resources she may be able to employ exclusively against the United States and the uncertainty of the precise course which Russia may pursue in relation to the ar between the United States and Great tice had ceased, by a peace in Europe, their object has been essentially obtained for the present. It may reasonably be expected, that the arrangement contemplated and provided for, will take effect before a new war in Eg- . rope shall furnish an occasion for reviving the practice. Should this arrangement, however, fail, and the practice be again revived, the United States will be again at liberty to repel it by war--and that they will do so, cannot be doubted-for after the proof which they have already given of a firm resistance, in that mode, persevered in until the prac tice had ceased, under circumstances the most unfavourable, it cannot be presumed, that the practice will ever be tolerated again. Certain it is, that every day will render it more ineligible in Great-Bitain to make the attempt. In contemplating the appointment of commissioners, to be made after the ratification of the present treaty, to negotiate and conclude a treaty to regulate commerce and rovide against impressment, it is meant onls to show the exten to which you may go, in a spirit of accommodation, if necessary. Should the British government be willing to take the [ject of impressment, if found indispensably subject up immediately with you, it would be necessary to terminate it. You will, of much preferred, in which case the proposed course, not recur to this expedient until all article would of course be adapted to the pur-your efforts to adjust the controversy in a pose. more satisfactory inanner have failed. As it Information has been received from a quar- is not the intention of the United States, in ter deserving attention, that the late events suffering the treaty to be silent on the subject in France have produced such an effect on the of impressment, to admit the British claim British government, as to make it probable thereon, or to relinquish that of the United that a demand will be made at Gottenburg, to States, it is highly important that any such surrender our right to the fisheries, to abandon | inference be entirely precluded, by a declaraall trade beyond the Cape of Good Hope, and tion or protest in some form or other, that to cede Louisiana to Spain. We cannot be the omission is not to have any such effect or lieve that such a demand will be made; should tendency. Any modification of the practice, it be, you will of course treat it as it deserves. to prevent abuses, being an acknowledgement These rights must not be brought into dis-of the right in Great-Britain, is utterly inadcussion. If insisted on, your negotiations will missible. dease. "Although Gottenburg was contemplated "Whereas by the peace in Europe, the es at the time your commission was made ort, sential causes of the war between the United as the seat of the negotiation, yet your comStates and Great Britain, and particularly the mission itself does not confine you to it. You practice of impressment, have ceased, and a are at liberty, therefore, to transfer the nego◄ sincere desire exists to arrange, in a manner tiation, to any other place made more cligisatisfactory to both parties, all questions con-ble by a change of circumstances. Amstercerning seamen-and it is also their desire|dam and the Hague readily present themand intention to arrange, in a like satisfactory selves as preferable to any place in Englaud. manner, the commerce between the two coun-If, however, you should be of opinion, that untries, it is therefore agreed. that commission-der all circumstances, the negotiation in that ers shall forthwith be appointed on each side, country will be attended with advantages, outto meet at with full power to negotiate weighing the objections to it, you are at liberand conclude a treaty, as soon as it may be ty to transfer it there." practicable, for the arrangement of those important interests. It is nevertheless understood, that until such treaty be formed, each party shall retain all its rights, and that all American citizens who have been impressed into the British service shall be forthwith discharged." AN EXTRACT; No. XII.-AUG. 11th, 1814. "I had the honour to receive on the third of this month a letter from Mr. Bayard and Mr. Gallatin, of the 23d of May, and one from Mr. Gallatin of the 2d of June. "The president approves the arrangement communicated by those gentlemen fir trausAN EXTRACT; No. XI.-JUNE 27, 1814. ferring the negotiation with the British go"The omission to send ministers to Got-vernment from Gottenburg to Ghent. It is tenburg without a previous and official notifi-presumed from Mr. Gallatin's letter, that the cation of the appointment and arrival there meeting took place towards the latter end of of those of the United States, a formalityJune, and that we shall soon hear from you which, if due from either party, might have what will be its probable result. been expected from that making the overture, By my letters of the 25th and 27th June, rather than that accepting it, is a proof of a of which another copy is now forwarded, the dilatory policy, and would, in other respects sentiments of the president, as to the condijustify animadversions, if there was less dis-tions, on which it will be proper for you to position here to overlook circumstances of conclude a treaty of peace, are made knows form, when interfering with more substantial to you. It is presumed that either in the objects. mode suggested in my letter of the 25th June, By my letter of the 25th instant, which which is much preferred, or by permitting goes with this, you will find that the subject the treaty to be silent on the subject as is anhad already been acted on under similar im-thorized in the letter of the 27th June, the pressions with those which Mr. Bayard and question of impressment may be so disposed Mr. Gallatin's letter could not fail to produce. of, as to form no obstacle to a pacification. The view however, presented by them is This government can go no further, because much stronger, and entitled to much greater it will make no sacrifice of the rights or hoattention. The president has taken the sub-nour of the nation. ject into consideration again, and given to their suggestions all the weight to which they are justly entitled. 66 "On mature consideration it has been decided, that under all the circumstances above alluded to, incident to a prosecution of the war, you may omit any stipulation on the sub "If Great-Britain does not terminate the war on the conditions which you are authorized to adopt, she has other objects in it than those for which she has hitherto professed to contend. That such are entertained, there is much reason to presume. These whatever they may be, must and will be resisted by the United States. The conflict may be and British arguments, the more readily, because severe, but it will be borne with firmness, I know how cautiously my countrymen are disand as we confidently believe, be attended posed to receive every thing from that quarter. with success." ED. Ex.] IMPRESSMENTS. The RIGHT and practice of IMPRESSMENT, as concerning GREAT-BRITAIN and AMERICA, considered.-A Pamphlet. LONDON: 1814. Just at the moment when Bonaparte was setting out on his invasion of Russia, the govern ment of the United States of America declared [A very interesting pamphlet, on this subject, by an English writer of great ability, has just fal len into my hands. I should have had some ditfialty in deciding on the propriety of republishing it, if it did not carry on the face of it the evi-war against Great-Britain. dence of its being published under the immediate Mr. Madison did not state in his manifesto, sanction of the British cabinet; and therefore in that his hostility against the only ally of Russia some sort a siate paper, though not in an official was intended as a diversion in favour of Bonas form. Besides, as Mr. Madison seems to have parte. He did not state that he considered this determined to abandon his pretensions on this an auspicious juncture for the conquest of Canairritating subject, it seems but just and fair to give | da, when the British nation was putting forth the American people an opportunity of judging, all her strength, and exhausting, with a boundwhether in so doing, he has or has not sacrificed, less, but wise liberality, all her resources, in the any real American rights. It is to be remembered, that this is a British pamphlet addressed to the British nation. Whether the facts set forth in it are correctly stated, it is impossible for us to decide. It may howev er be proper to remark, that they are alleged to be proved by official documents filed in a public office; which documents would detect the writer's falsehoods, if he has been guilty of any. In as much therefore, as it was so hazardous to depart from the truth, common discretion would have impressed the necessity of adhering to it. The American people have never yet had both sides of this question. And without having it they are in much danger of judging incorrectly, because their sensibilities on this point are very great; and very proper it is they should be so. But if it be a duty to fight for American rights, it is certainly a crime to make us fight for mere administration pretences. last grand struggle for European liberty; while her armies were engaged in the protection of Lisbon and Cadiz, and her navies co-operating in the defence of Dantzig and Riga. But, if the hopes of assisting France and conquering Canada did not actuate Mr. Madison, it is hard to discover what his motives were. All the pretexts for hostilities, which he had successively advanced, successively failed him; and he was nearly in the condition of being the aggressor in a war, of which all the ostensible grounds were removed, and of which the real cause could not be avowed; when a fresh_pretence was advanced--one not thought of as a cause of war in the earlier periods of the discussion, and only produced in the hour of his ne cessity, when something was to be said, and he had nothing else to say. This was the question of IMPRESSMENT; and though I cannot for a moment believe, that this was originally any other than a mere pretence for the war, yet, as it is now the only caitse that survives (Bonaparte has vanished, and Canada. is probably saved) and, as much misunderstanding, and a great deal of misrepresentation, exist on the subject, and as I have had practical opportunities of considering it more nearly than the generality of my countrymen, I have thought it might not be useless to collect into one view what appears to me to be on this subject the true state of the case between Great-Britain and America. It cannot be too strongly impressed on American politicians of all parties, that their duties at this time, do not depend on what was the justice or injustice of this war at the commencement. Even, if the declaration of war on our part was ever so unjust, the actual defence of our own country at a moment when it is menaced with iavasion and desolation, is the most imperative of all patriotic duties. Our assailants must be repelled. Even, if they have been unjustly provoked to invade us, as we invaded them, and although we were opposed to such invasion, yet we can never hesitate about the sacred duty of defending our- The complaint of the American government is selves and our families. Even, if their attack be two fold:-1. It complains of the impressment. deemed justifiable, our duty to resist, is neverthe-of British subjects from its vessels. 2. It com less, of the most holy obligation. plains that under pretence of impressing British But we have two duties to perform; duties subjects, American seamen are forcibly taken or which may well be performed together. As sol- detained. The first of these complaints involves diers we are bound to resist invaders; as citizens the question of the RIGHT of search and imto see whether our affairs are in honest and capa-pressment from neutral ships in general. The ble hands. If this be not so, the exercise of the second, that of the PRACTICE, as it affects Ame rights of the citizen are inconsistent with a state rica. of war; and then this would follow, that when I shall therefore consider the subject under we have war, we cannot have liberty. Now these two heads; well satisfied that I shall be think we may well have both at the same time. able to show the first complaint to be utterly unWe can resist our enemies, and inspect the con- founded, and the second to be grossly exaggerat duct of our rulers at the same time; and as at the ed; and that on the whole, there is not only no present moment much of our safety depends upon | justifiable cause for war (arising out of this questhe latter point, it is a duty to afford to our nation, at least) on the part of Americo; but that tion all the lights in one's power, And I repob-on the contrary it will be found, on reference to lish this pamphlet, developing British pretensions the acknowledged laws and enstoms of civilized I nations, that Great-Britain is, of the two par- would become a safe and profitable practice. ties, infinitely the most aggrieved; that Ameri-it were lawful to change a man's allegiance once, can subjects way be exposed to inconveniences; it would be lawful to change it as often as the inbut that the British empire suffers actual and se- dividual pleased-from England to America, rious injury. and from America back again to England. Men 1. RIGHT OF IMPRESSMENT. Great-Britain, being engaged in war, claims a the requisitions made on their personal or pecuwould change their national character, to evade right to the services of all her natural born sub-niary service. Deserters from the cause of their jects; and, when she finds them endeavouring to country, would be merely neutralized citizens; neutralize and shelter themselves under a foreign and deserters to the enemy, citizens who had flag she compels their services exactly on the transferred their allegiance; the punishment of same principle that she would do if the men were offences against the laws of God, and of the found in England, or in British ships. legiance of the offender, and the whole frame and land, would be evaded by the transfer of the alverted. state of society would be disordered and sub This right America seems (for her language is not very explicit) to deny on two grounds. 1. On an assertion of the right of a natural born subject of one state, to adopt and naturalize himself in another; and to transfer his allegiance to the latter, to the exclusion of the former. 2. On the general objection to the search of neutral ships by a belligerent. conclusions, and which no nation of the old Upon the principles of this asserted right, and ly, why, of all human societies, the United It may be worth while to inquire, very shortthis double objection, a few observations (how-States alone should have fallen into this opinion. ever obvious to every man conversant with public law) will be a proper introduction to a more detailed consideration of the question. 1. "Society," say the writers on public law, "is the union of individuais combined for mutual defence and safety. Each individual is bound to contribute his personal means to the common strength of the society or nation; and the nation is bound to preserve itself, and, as a means of self preservation, all its members." "A nation," says Vattel," owes this to itself, since the loss of one of its members weakens it, and is injurious to its preservation.” This is, in short, the law of nature and of nations on the subject. The municipal laws of all European countries are founded upon the same principle, (generally expressed, but always implied,) that the sovereign authority of a state has a right to the military services of all its subjects; and the whole system of legal polity throughout the great European family attests, in its various details, the universality and justice of this principle. * But this duty of allegiance is not only universal, or applicable to every subject, but is indefeasible, and cannot be put off. ment contracted by the citizen at his birth, and It is an engage coexistent with his life; for, if it were other wise, if every individual were to have the power of transferrin his allegiance at his own will and pleasure, the greatest crime known to the law of all countries, namely, HIGH TREASON, *The duty which a subject owes to the state, is, I need scarcely observe, not confined to military service; but as this most prominent of his active duties, applies especially to my subject, I have referred, here and in subsequent passages, to it alone. I am aware, that, if I were entering into a full defence of the doctrine of natural allegiance, I should, by stating the value of the civil and peaceful services of citizens, strengthen. very much the claim of the native country, and the argument for my side of the question; but for a sketch of the subject (1 profess here to give no more,) what I have said in the text appears sufficient. nation, and her institutions are still younger; It is from inexperience. America is a young the individual independence and inherent rights they have been formed ou speculative notions of of man, without much reference to the experience of the ancient modes of government, or the social principle which combines and merges the rights of individual man in the duties of society. America, as the result of prejudices unfavoura The experience of Europe was rejected in ble to liberty; and the local position and cirtheir yet feeling, in any pressing degree, the incumstances of the United States have prevented conveniences to which the looseness of their notions of public law is likely to expose them hereafter. solved, and adjoining states should become indeIf their present federal union should be dispendent of one another; or whenever a denser population of the nations on their frontier shall place them in the situation in which European they will then be obliged to adopt the European states now are; it may be safely predicted, that system of public law, and to seek in its princiwhich cannot fail to arise between neighbouring ples the solution of those difficult questions, and civilized states. tion itself, circumstances which must tend to There are, further, in the American constiturender that government less alive to the doctrine of indefeasible allegiance. the principle, that the state has a natural right to This doctrine is founded, as I have shown, in the military service of its subjects. This, which is, if I may use the expression, the common law of Europe, is not law in America ; there is in their constitution no such power over the services of citizens; there are no military tenures, no rights of service, and no power of impressment. principle, from which they can at present derive They would willingly, therefore, put aside a luded, when the pressure of encroaching neighno advantage; and the time to which I have al * Vide the preceding note, bours and powerful rivals, shall make them feel, the want of a principle of international law, is either not foreseen at all, or seen at such a distance, as to excite no apprehension. The manner in which the elements of Ameri,can society have been collected, is not calculated to excite that exclusive national attachment, which other people feel; and we must recollect, that the majority of the nation is composed of naturalized foreigners, or the sons or grandsons of persons of this description. It is, therefore, on all these accounts, the less surprizing that the government and people of the United States should be inclined to give more effect and validity to the system of naturalization than we Europeans do. suit against the debtors in the foreigner's behalf, which he himself might not be able to do for want of means, and which, if his nation should be at war with Great-Britain, he could not do without the assistance of the special law in his favour. To this may be added another fact, that, where the discharges of foreigners from the British service have been demanded by the agents of America, or any other state, or by the individuals themselves, it never has been set up as a bar against that demand that " they were naturalized by two years service in the British navy." A few words more will conclude what i have to say, generally, as to foreigners in the British service. The right of IMPRESSING foreigners, let me That government, however, must have felt state, is, not only not claimed, but, absolutely the weakness of its principles as to the effect of disclaimed in principle and prohibited in practice: naturalization, since it has not been ashamed to while, in the case of the VOLUNTARY enlistments endeavour to support and defend it by a false air foreigners, it will be found that the practice of Jegation, that a similar system is adopted in Eng-th British admiralty is consistent with, and corland of naturalizing foreign seamen. This is el- rporative of all the principles for which I have ther gross ignorance or gross misrepresentation; before contended. both very, though not equally unbecoming a per- | son administering public affairs. individual engagement, he is not permitted again to change his mind, and depart from that engagement. He voluntarily relinquishes his individual rights as a foreign citizen, and is not allowed, at his pleasure, to resume them. But the national character is not an individuel, but a public right: it belongs less to the seaman himself than to the sovereign who has a claim to his service; and it is therefore admitted that even the voluntary entry of a foreigner into our navy cannot bar the right of his sovereign to re That practice recognizes (as was stated in the house of commons last year from authority) two The provision, to which the American govern distinct characters in every foreign seaman :ment refers, is that contained in the act of the the one individual and personal, the other na18th Geo. II. c. 3. which, for the better encou-tional. In the former character, any seaman ragement of foreign mariners and seamen, enacts, may voluntarily enter the British service; and that." after the year 173, every foreign sea-having thus, of his own accord, entered into an 44 man, who shall have served two years in one "of his majesty's ships, shall be taken to be a "natural born subject of his majesty; and shall "be entitled to all the privileges, powers, rights, and capacities, of a natural born subject." Now this act is altogether in favour of the foreign seaman; it imparts to him a new charac ter without obliterating the old; it confers privileges and capacities on him; it protects him in his person and property; but it never has been construed or considered to create any new liability in the foreigner, or to exact from him any inconsistent with his allegiance to his native sovereign; it makes him an Englishman in civil and personal concerns, as far as he may choose to be one, but interferes not with his own wishes or his sovereign's right as to his personal services But the mere application of the sovereign, or or his natural allegiance. This is so well underhis accredited agent, is not always enough; bestood in England, that it has happened that a foreigner has been discharged from the British cause it is known by experience that the minisnaval service on the ground of his being a for-ters, consuls. &c. and particularly those of Ameeigner; and yet if wages or other debts from individuals have been due to him, the solicitor of the admiralty has been directed to commence a * A doubt has been entertained, whether this act did not expire with the war which existed at the time of its enactment; but if it has expired, (which, however, has never been, that I know of, legally discussed and decided, its place has been in some measure supplied by the 34th Geo. II. c. 68, which provides, that by three years service, and the performance of certain other requisites, a foreign seaman is to be considered, for the purposes of the said act, a British seaman. As the principle, however, of both these acts, is the same, have applied my observations to the act quoted by the American government; though the details of the whole case, if perfectly stated, would strengthen my argument. claim him. Thus then the applications of individuals who have voluntarily entered are resisted, though the claim of their sovereign for their release is acce ded to. rica, never, in fact, refuse to make such an appli cation at the wish and request of the party; so that a distinction may reasonably be taken between such requisitions as are made at the mere instance of the individual, and those made in the name, and as the act, of his government. Those made at the instance of the individual merely, and where the government does not either want or claim his services, may fairly be considered as if they came direct from the individual himself. But if the sovereign demands the release of one of his subjects, for his (the sovereign's) own service, such demand is immediately to be complied with, even though the person should have voluntarily entered. It is therefore wholly unfounded to say that the practice or principles of Great-Britain, with regard to other countries, afford America any example or excuse for detaining from her, under |