commander in chief of his majesty's naval forces at Halifax, or to his majesty's government; but the mentioning of which, in your note in answer to mine on a distinct subject of the most serious importance, you will pardon me if I must consider as matter of regret, especially as you wished me to receive the communication you made me, as given in an amicable spirit.

Moreover, from the tenour of the part of your letter in which you have conpected the question of impressment with that of an attack on a British ship of war, an inference is forced upon me, which you surely never could have meant me to draw, but which, nevertheless, the passage conveys, namely that although the government of the United States had not given orders for the recovery by force of any American citizen claimed from a British national ship, they still maintain they might have been justified in so doing. The right of searching a ship of war has been so positively disavowed on the part of his majesty's government, and so disclaimed by that of America, that I could not have expected any doubts would ever again have been thrown on the matter, and yet the language of your letter, until it is explained, will certainly authorize such doubts as far as relates to the American government. I have no answer at all from you, sir, to my demand for an inquiry being instituted into the conduct of captain Rodgers. This omission has occasioned to me the more surprise, because in addition to there appearing to be no cause why the government of America should decline to listen to so just a demand on my part, there seemed to be every reason why they should, even for their own satisfaction, have desired to clear up the circumstances of his most extraordinary proceeding. I will indeed frankly own to you, that I did think, on reaching this city, to have found that officer's conduct already, by the spontaneous act of the government of the United States, undergoing an examination, instead of hearing that he had been sent immediately to sea again, which seemed to denote an approbation of his behaviour; and I thought I could the more rely on this being the course the President would have pursued, from a consideration of that which his majesty's government had taken in the case of the Chesapeake, when every reparation practicable, at the instant

the intelligence reached London of that unfortunate event, was made to you, sir, promptly and unasked for.

I feel the more regret, sir, at the course taken by your government in this affair, because I have been necessarily obliged, in consequence, to suspend carrying into execution that part of my instructions by which I was directed, immediately on my arrival here, to offer such further reparation for the attack on the Chesapeake frigate, as would, I am convinced, have proved satisfactory. I had the honour to state to you in our first interview, that I had such instructions, although I omitted to mention it in my note, because, as you may remember I expressed to you at the time, it seemed to me the American government might feel more free to act, as the justice of the case required, if the two subjects were kept unconnected; and in this opinion I thought you appeared to concur.

I have the honour to be, &c.

To the Hon. James Monroe,
Secretary of State.

AUG. J. FOSTER.

Mr. Foster to Mr. Monroe. Philadelphia, Sept. 4, 1811.

SIR, I have now, by an express messenger from England, received the commands of his royal highness, the prince regent, acting in the name and on the behalf of his majesty, relative to the late violent aggression committed by the United States frigate, the President, on his majesty's ship Little Belt, and I have the honour of communicating to you the enclosed documents, which have been transmitted to me by my government to be laid before that of the United States, comprehending a copy of a letter from lord James Townshend, commanding officer at Halifax, dated May 30, 1811, (1); enclosing a statement of the action by the officers of the Little Belt, (2); the report of the commissioner of his majesty's navy board at Halifax, in respect to the damage done the Little Belt, (3); a copy of rear admiral Sawyer's letter, (4); enclosing his instructions to captain Bingham, (5) ; as well as a list of killed and wounded on board the sloop of war, (6); and, finally, a copy of the correspondence on the subject which took place between the marquis Wellesley and Mr. Smith,

American charge d'affaires in London, (7-8) of that of captain Bingham's official letter you are already in pos

session.

In communicating to you, sir, the documents, I am particularly directed to call your attention to the instructions of admiral Sawyer, which furnish the strongest evidence of the pacifick and friendly intentions of his majesty's government towards this country. The very pointed manner in which the commander in chief on the Halifax station had enjoined captain Bingham to avoid giving offence to the government or subjects of the United States, is of itself presumptive proof of the truth of that officer's statement, even if there were not such strong evidence as ap pears from the deposition of the different officers on board bis majesty's ship as to the action having been commenced by captain Rodgers.

His majesty's government were entitled to expect, as I have had already the honour to observe to you, sir, in my former letter, that the American government would have manifested a prompt disposition to obviate, by an early disavowal and by just reparation, the necessary tendency of such an event to disturb the friendship subsisting between the two states, and this expectation was the more natural from the example afforded by his majesty's government in the case of the Chesapeake.

Such, however, not having been the case, I am commanded by his royal highness to lose no time in communicating to you the papers enclosed, which explain in the fullest manner the circumstances of the transaction, and the very great extent of the outrage committed, by which so many valuable lives were sacrificed, and in demanding the immediate disavowal, on the part of the United States, of the act of aggression committed against his majesty's ship, as also in requiring a just reparation of the injury received.

I have the honour to be, &c.

Hon. James Monroe, &c. &c.

AUG. J. FOSTER.

No. 1.

Lord J. Townshend to Mr. Croker. H. M. Ship Eolus, Halifax Harbour, May 30, 1811.

SIR,-As it may be of material consequence that his majesty's government should have the earliest information of a circumstance that has taken place on this coast, I have forwarded, and request you will lay before my lords. commissioners of the admiralty, the copy of a letter which captain Bingham of his majesty's sloop Little Belt has sent to rear admiral Sawyer, recounting a severe action which took place on the evening of the 16th instant, between that ship and the United States' frigate President.

After having considered the whole circumstance, and judging it advisable to procure the strongest documents in my power for their lordship's information, (the commander in chief not having returned from Bermuda) I have caused depositions to be taken of all the commissioned officers of the Little Belt, respecting the unpleasant business, which I herewith enclose.

I am, sir, &c. &c. &c.

J. TOWNSHEND.

To J. W. Croker, Esq. Admiralty.

No. 2.

Statement of the Officers of His Majesty's Sloop the

Little Belt.

THE officers' of his majesty's sloop Little Belt statement of the action between that sloop and the United States' frigate President, on the evening of the 16th instant; taken before the right honourable lord James Townshend, captain of his majesty's ship Eolus, and senior officer at Halifax, Nova Scotia, Charles John Austin, Esq. captain of his majesty's ship Cleopatra, and Alexander Gordon, Esq. commander of his majesty's sloop Rattler.

Lieutenant Moberly, senior lieutenant, states, that on the 16th instant, while cruising off the coast of America, Cape Charles bearing west 54 miles, at 11 A. M. saw a strange sail; that she was a lugger, was reported from the mast head, on the starboard beam; we then steering s. s. w.

the wind aft or a little on the starboard quarter, on which took in our studding sails and hauled our wind for her on the starboard tack; shortly after, made her out to be a ship. At 2 30 P. M. having then made out the chase to be a frigate with a commodore's broad pendant flying, being then about six miles distance, and not having an swered any of our signals, viz. 275, private signal, and our number, concluded her to be the American frigate United States; showed our colours and steered our course south, set studding sails; at 5 o'clock observed the frigate make all sail, and to keep more away for us; at 7 found she was gaining on us fast; captain Bingham then thinking it best to speak her before dark, shortened sail, and hove to, colours up, we then making out her stars in her broad pendant, beat to quarters and got all clear for action, a second time having beat, before, at 2 P. M. double shotted and double breached the guns; at 7 50 observed the frigate to have shortened sail to topsails, topgallant sails and jib, and standing down as if with an intention of passing under our stern, wore twice to evade this: captain Bingham hailed, and was not answered; wore again; the frigate then hove to close to us on the larboard beam, captain Bingham hailed the ship ahoy, which was repeated word for word by the frigate; captain Bingham asked what ship that was, which was also repeated as before, and on asking a second time was answered by a broadside; captain Bingham was then standing on the midship gun, jumped off and gave orders to fire, which was done in less than a minute after her first fire, we being quite ready, guns pointed, and continued firing for about an hour, when the frigate ceased firing, and hailed us to know what ship this was; captain Bingham answered his majesty's ship Little Belt several times before he understood us; he then asked if our colours were down. No, was captain Bingham's answer; captain Bingham then hailed to know what ship that was, and was answered, the United States' frigate, the name we could not understand; in the mean time the frigate had filled and was standing from us; a short time after lost sight of her, hove to for the night, having no sail to set. At daylight saw a sail to windward, made her out to be the same ship we had engaged; at six she bore up for us under easy sail;