Department of State, Feb. 19, 1811.

SIR,-In pursuance of the resolution of the House of Representatives of yesterday, I have the honour of laying before you the accompanying papers (marked A and B) which contain all the information, not heretofore communicated, that has been received by this department, "touching the repeal or modification as well as the prac tical operation of the orders and decrees affecting our neutral commerce, since the 1st day of November, 1810." With the greatest respect I have the honour to be, &c. R. SMITH.

The President of the U. States.

(A.)

Mr. Russell to the Secretary of State. Paris, December 4, 1810.

of my

letter

SIR,-This serves merely to cover a copy to Mr. Pinkney, of the first of this month; since that time nothing has come to my knowledge to affect the statement which it contains. It is my duty, however, to say that I have not learnt the occurrence of any case to which the Berlin and Milan decrees could be applied.

I have the honour to be, &c.

JON. RUSSELL.

The Hon. R. Smith, Secr'y of State.

Mr. Russell to Mr. Pinkney. Paris, Dec. 1, 1810. SIR, AS nothing has transpired here of sufficient importance to be communicated by a special messenger, and as no safe private conveyance has hitherto presented itself, I have delayed, till now, to acknowledge the receipt of your letters under date of the seventh and twenty-eighth of October.

No event within my knowledge has occurred, either before or since the 1st of November, to vary the construction given by us to the very positive and precise assurances of the duke of Cadore on the 5th August, relative to the revocation of the Berlin and Milan decrees. That these

decrees have not been executed for an entire month on any vessel arriving during that time, in any of the ports of France, may, when connected with the terms in which their revocation was announced, fortify the presumption that they have ceased to operate. I know, indeed, of no better evidence than this which the negative character of the case admits, or how the non-existence of an edict can be proved, except by the promulgation of its repeal and its subsequent non-execution.

Our attention here is now turned towards England and the United States. The performance of one of the conditions on which the revocation of the decrees was predicated, and which is essential to render it permanent, is anxiously expected; and it is devoutly to be wished that England, by evincing the sincerity of her former professions, may save the United States from the necessity of resorting to the measure which exclusively depend on them.

I need not suggest to you the importance of transmitting hither as early as possible, any information of a decided character which you may possess relative to this subject, as an impatience is already betrayed here to learn that one or the other of the conditions has been performed.

I am, sir, with great respect, &c.

JON. RUSSELL. His Excellency Wm. Pinkney, Esq.

The Vice Consul at Bordeaux to the Secretary of State. United States Consulate, Bordeaux, Dec. 31, 1810. SIR,-I had the honour of addressing you the 14th instant, by this opportunity (the schooner Maria Louisa, captain Skiddy) and I have now to enclose a newspaper of yesterday, containing two letters from the French minister of justice to the president of the tribunal of prizes, and from the minister of finance to the collector general of all the customs in France, concerning American navigation.

I have the honor to be, &c.

CH. MEYER, Vice Consul of the U. States.

Hon. Robert Smith, Secr'y of State.

FRENCH EMPIRE.

TRANSLATION.

PARIS, DEC. 26, 1810.

Copy of a Letter from His Excellency the Grand Judge, Minister of Justice, to the Counsellor of State, President of the Council of Prizes. Paris, Dec. 25, 1810. MR. PRESIDENT,-The minister of foreign relations, by order of his majesty, the emperor and king, addressed on the fifth of August last, to the plenipotentiary of the United States of America, a note containing the following words:

"I am authorized to declare to you that the decrees of Berlin and Milan are revoked, and that after the first of November they will cease to have effect; it being well understood, that in consequence of this declaration, the English will revoke their orders in council, and renounce the new principles of blockade which they wished to establish, or that the United States, in conformity to the act you have just communicated, will cause their rights to be respected by the English."

In consequence of the communication of this note, the President of the United States issued, on the 2d of November, a proclamation to announce the revocation of the decrees of Berlin and Milan, and declared that in consequence thereof, all the restrictions imposed by the act of the first of May must cease with respect to France and her dependencies: on the same day the treasury department addressed a circular to all the collectors of the customs of the United States, which enjoins them to admit into the ports and waters of the United States armed French vessels; prescribes to them to apply, after the 2d of February next, to English vessels of every description, and to productions arising from the soil and industry, or the commerce of England and her dependencies, the law which prohibits all commercial relations, if at that period the revocation of the English orders in council, and of all the acts violating the neutrality of the United States,, should not be announced by the treasury department.

In consequence of this engagement entered into by the government of the United States, to cause their rights to be respected, his majesty orders, that all the causes that

22

may be pending in the council of prizes of captures of American vessels, made after the 1st of November, and those that may in future be brought before it, shall not be judged according to the principles of the decrees of Berlin and Milan, but that they shall remain suspended; the vessels captured or seized to remain only in a state of sequestration, and the rights of the proprietors being reserved for them until the second of February next, the period at which the United States having fulfilled the engagement to cause their rights to be respected, the said captures shall be declared null by the council, and the American vessels restored, together with their cargoes, to their proprietors.

Receive, Mr. President, the new assurances of my most distinguished consideration.

THE DUKE OF MASSA.

Copy of a Letter from the Minister of Finance to the Count of Sussy, Counsellor of State, Directer General of the Customs. December 25, 1810.

On the 5th of last August, the minister of foreign relations wrote to Mr. Armstrong, minister plenipotentiary of the United States of America, that the Berlin and Milan decrees were revoked, and that after the first of November they would cease to have effect; it being well understood, that in consequence of this declaration, the English would revoke their orders in council and renounce the new principles of blockade which they wished to establish; or that the United States, in conformity to the act communicated, should cause their rights to be respected by the English.

On the communication of this note, the President of the United States issued, on the 2d of November, a proclamation, which announces the revocation of the Berlin and Milan decrees, after the first of November; and which declares, that in consequence thereof, all the restrictions imposed by the act of the first of May, 1809, should cease with respect to France and her dependencies.

The same day, the treasury department addressed to the collectors of the customs a circular, which directs them to admit into the ports and waters of the United States,

armed French vessels, and enjoins it on them to apply, after the 2d of February next, the law of the first of May, 1809, prohibiting all commercial relation to English vessels of every description, as well as to productions of the soil, industry or commerce of England, and her dependencies.

His majesty having seen, in these two pieces, the enunciation of the measures which the Americans purpose tak ing on the second of February next, to cause their rights to be respected, has ordered me to inform you, that the Berlin and Milan decrees must not be applied to any American vessels that have entered our ports since the first of November, or may enter in future; and that those which have been sequestered, as being in contravention of these decrees, must be the object of a special report.

On the second of February, I shall acquaint you with the intentions of the emperor with regard to the definitive measures to be taken for distinguishing and favouring the American navigation.

I have the honour to salute you.

The Minister of Finance,

THE DUKE OF GAETE.

(B.)

1

Extract of Letter from Mr. Pinkney to Mr. Russell. Oct. 7, 1810.

Ir may not be amiss to mention that, as it will be obviously prudent, even if it be not absolutely necessary, to furnish me with all such further evidence as can conveniently be gained, confirmatory of our expectation that the French repeal of the Berlin and Milan decrees will take effect on the first of November; I beg you to transmit me such evidence if and as soon as it shall be gained. It may be yet more important to send me with as little delay as possible, after the first of November, the most decisive proof in your power that the repeal has taken effect, at least an official letter from you to me stating that fact.