debt, which will be reimbursed during the year. But as a conformity with the act of the 1st of May, 1810, the importation of articles, the growth, produce, or manufactures of the dominions, colonies, and dependencies of Great Britain will be prohibited after the 24 day of February next, if that nation shall not before that time, so revoke or modify her edicts as that they shall cease to violate the neutral commerce of the United States, soine provisions appear necessary to be made for supplying the deficiency arising from that cause, and for giving to the revenue arising from that measure all the efficiency of which it is susceptible. The probable defalcation in the Revenue cannot, for obvious reasons, be at this time estimated with any degree of precision. The experience of the ensuing year can alone afford a sufficient data for a permanent and detailed plan adapted to that state of things, and calculated to ensure perseverance in the system as long as may be thought proper. But in the mean while, it appears esential to lay the found ation of such plan, and to guard in time against any great deficit in the receipts of the year 1812. It is believed that under existing circumstances it would be sufficient to render those receipts equal or nearly equal to the current expenditure, including therein the interests on the public debt, and estimated at about eight millions of dollars; and with a view to that object, a considerable and immediate increase of the present duties on importation is respectfully suggested. It is not less important that that the Act should be free from legal difficulties and of well-founded objections, and that it should be enforced by every practicable means: On that subject the following observations are submitted: 1. The law of the 1st May 1810, has neither expressly defined the edict, the revocation of which is expected, nor made a notification by the President of the evidence and the sole evidence of the fact. It follows that in case of an unsatisfactory modification of her edicts by Great Britain, the decision of the question itself whether the Non-Importation be actually in force or not, will be left to the Courts, whence delays and embarrassments will arise, which will considerably impede the operation of the law. 2. The Non-Importation is to take place on the 2d of February next, if a revoca tion shall not have taken place before that day. But this may have taken place and not be known on that day in the United States. If the Collectors abstain from seizing merchandize imported after that day, until the fact shall have been ascertained, and the edicts shall not have been revoked, the merchandize will escape for. feiture, and the law during that period will be in-operative. If they seize, and the edicts shall have been revoked, the seizure will have been illegal, and the Collectors will be liable to personal suits. This inconvenience may be remedied by a provision, directing that during that period, it shall be the duty of the Collectors to make seizures, but that the goods shall be restored to the parties on their giving bond with sureties for their value. 3. No exception has been made by the Act in favour of vessels which had sailed for the British East Indies prior to the President's Proclamation; and the short period of three months from the date of that Proclamation to the day when the law is to take effect, will occasion forfeiture or heavy losses in cases of bona fide American property in England paid for or ordered prior to the Proclamation. It seems in every point of view eligible that cases clearly foreseen should be provided for by law, instead of being left to executive dis cretion. 4. It is believed that an abandonment by the United States of their share of the penalties and forfeitures which may be incurred, and the distribution of these according to the cirumstances of the case, amongst the Collectors, the other Customhouse Officers, the Inspectors and others, who heretofore had no share, and the informer, in order to insure the greater degree of zeal and vigilance in detecting infringements of the law. 5. Some additional provisions will be necessary to enforce the law on the Northern frontier of the United States, amongst which may be reckoned the erection of some new collection districts, particularly on the river St. Lawrence and in the Eastern part of the state of Vermont; an increase of pay to the Collectors in that quarter, inasmuch as under the NonImportation, that part of their compensation which is derived from fees will be considerably reduced, and that which arises from commissions altogether lost; and an authority to the armed force of the United States to make seizures. And it must be added, that the peculiar situation HANS TOWNS.-Union of them to France. Distribution of their Territory and Government.-30th Dec. 1810. of those districts will render condemna- | the Elbe, there shall be an Imperial Court tions extremely difficult, unless the obli- of Justice, whose seat shall be at Hamgation be imposed on persons claiming burgh.-VIII. In the Departments which merchandize seized there to prove that the belong to the Jurisdiction of the Imperial same was legally imported. All which is Court of Justice at the Hague, there shall respectfully submitted, ALBERT GALLATIN. be a Council of Senators; and another shall be erected in the Departments which belong to the jurisdiction of the Imperial Court of Justice at Hamburgh.-IX. The cities of Amsterdam, Rotterdam, Hamburgh, Bremen and Lubeck are placed among the number of good cities; their Mayors are to be present at the oath of fealty to the Emperors at their Coronation.-X. A communication shall be formed with the Baltic by a canal, which, extending from the canal of Hamburgh to Lubeck, shall make a communication between the Elbe and the Weser, the Weser and the Ems, and the Ems and the Rhine. Art. I. Holland, the Hans Towns, Lauenburg, and the territories which lie between the North Sea and a line which shall extend from the place where the Lippe enters the Rhine, to its sources; from these sources to the Upper Ems; from the Ems to the entrance of the Werra into the Weser; and from Stolzenau on the Weser to the Elbe, above the junction of the Sleekniss, shall form an integral part of the French Empire.-II. The said territories shall form 10 Departinents, namely:-The Department of the Zuyder Zee, of the mouths of the Maise, of the Upper Yssel. the mouths of the Yssel, East Friesland, the West Ems, the East Ems, the Upper Ems, the mouths of the Weser, and the mouths of the Elbe.-III. The number of Deputies from these Departments to the Legislative Body shall be as follows: For the Department of the Zuyder Zee 4 4 3 2 2 2 2 4 3 4 IV. These Deputies shall be appointed in the year 1811, and shall be renewed in the year to which the Series belongs, in which the department to which they belong shall be placed.-V. These departments shall be placed in the following Series of the Legislative Body, namely:First Series, mouths of the Maese and West Ems; 2nd Series, Friesland and the Upper Ems; 3rd Series, the Zuyder Zee and East Ems; 4th Series, mouths of the Yssel, and mouths of the Elbe; 5th Series, Upper Yssel, and mouths of the Weser. VI. For the Departments of the Zuyder Zee, mouths of the Maese, Upper Yssel, mouths of the Yssel, Friesland, and West Ems, there shall be an Imperial Court of Justice, whose seat shall be at the Hague. -VII. For the Departments of East Ems, Upper Ems, the Weser, and the mouths of AMERICA.Letter from Mr. Pinkney to Sir;-On the 27th of November, Mr. Brownell delivered to me your letters of the 11th, 14th, and 23d, of the preceding month, and on the Saturday following I had a conference with the Marquis Wellesley, in the course of which I explained to him fully the grounds upon which I was instructed to request Mr. Jackson's immediate recall, and upon which the official intercourse between that minister and the American Government has been suspended.-Lord Wellesley's reception of what I said to him was frank and friendly, and I left him with a persuasion that we should have no cause to be dissatisfied with the final course of his government on the subjects of our conference.-We agreed that the interview could only be introductory to a more formal proceeding on my part; and it was accordingly settled between us, that I should present an official letter to the effect of my verbal communication.--Having prepared such a letter, I carried it myself to Downing-street a, few days afterwards, and accompanied the delivery to Lord Wellesley with some explanatory observations, with which it is not, I presume, necessary to trouble you. You will find a copy of this letter inclosed, and will be able to collect from it the substance of the greater part of the statements and remarks which I thought it my duty to make in the conversation above mentioned.-Although I was aware that the answer to my letter would not be very hastily given, I certainly was not pre pared to expect the delay which has ac- | letter of the 23d of the same month. But tually occurred. The President will do I saw no objection to a repetition of the me the justice to believe that I have used just and amicable sentiments expressed in every exertion consistent with discretion, these quotations; and as I had been inand the nature of the occasion, to shorten duced, at my first interview with Lord that delay, which though not ascribable, Wellesley, to read to his Lordship each of as I persuade myself, to any motive un- the passages, I thought that I was in some sort friendly or disrespectful to the United bound to the introduction of both in my States, may, I am persuaded, have been written communication. My letter avoids productive of some disadvantage. A all discussion, and all invitations to discuscopy of the answer received on the day sions on the business of the Chesapeake, on of its date is enclosed.-Between the de- the Orders in Council, and on topics which livery of my letter and the receipt of the circumstances have connected with both. reply, I had frequent conversations with It does not, however, entirely pass them Lord Wellesley, some of which were at by, but contains such references to them his own request, and related altogether to as I had supposed were likely to be useful. the subject of my letter. The rest were I am assured that in this respect I have on other subjects, but Mr. Jackson's affair acted in conformity with the President's was incidentally mentioned in all. A par- intentions. Indeed, if I had acted otherticular account of what was said on these wise, I should have complicated and emseveral occasions, would scarcely be use- barrassed a question which I was ordered ful, and would not fail to be tedious. It to simplify, and forced into combination will, perhaps, be sufficient to observe, that the peculiar difficulties of several subalthough these conversations were less jects, to counteract the wishes of my Gosatisfactory to me than the first, there was vernment on each. I should have done always apparent anxiety on the part of so too without inducement; for I had no Lord Wellesley to do what was conci- authority to make any demand or proliatory; and that in the share which I posal in the cases of the Chesapeake and took in them, I was governed in the opi- Orders in Council, or to act on any nion, that although it might become my proposal which Lord Wellesley might be duty to avoid with more than ordinary inclined to make to me: and it is percare the appearance of my being a party fectly clear that these subjects were not to the ultimate proceeding of the British susceptible of any very material written Government on my official representa- illustrations which they had not already tion, it could not be otherwise than pro- received. I do not, however, imagine per in any turn which the affair could take, that I was to make no use of the reflections that I should avail myself of every oppor- upon them which you have furnished în tunity of bringing to Lord Wellesley's your letter of the 23d November. I was, mind such considerations as were calcu- on the contrary, convinced that it would lated to produce a beneficial influence on be proper to suggest them occasionally in the form and character of the proceeding. conversation, with a view to dispose lord In what light the President will view the Wellesley, and through him the British course, which after so much consideration, Government, to seek such fair and liberal this Government has adopted, it will not adjustments with us as would once more become me even to conjecture. If in make as friends.-Accordingly in my first manner or effect it should not fulfil his conference I spoke of the affair of the expectations, I shall have to regret, that Chesapeake, and the Orders in Council, the success of my humble endeavours to and concluded my explanations, which did make it what it ought to be, has not been not lose sight of your letter of the 23d proportioned to my zeal and diligence. November, by expressing a wish that lord Of my letter to Lord Wellesley, of the Wellesley would allow me an early op2nd of January, I have very little to say.portunity of a re-communication with him I trust it will be found faithful to my in- on these heads. From the disposition structions; and that while it maintains evinced by lord Wellesley in the notice the honour of my Government, it does not he took of these suggestions of that wish, neglect what is due to conciliation.-II was inclined to hope that it might be in am not sure that I ought to have quoted in it your letter tome, of the 1st November, of which the substance is undoubtedly given in the quotation of your subsequent my power to announce to you by the return of the corvette, that a new Envoy would be charged, as the successor of Mr. Jackson, with instructions adapted to the purpose of honourable accommodation. | ceeded each other with such rapidity My letter to his lordship was writen under under your eyes have not allowed me a the influence of this hope, and concludes, moment since my arrival to acquaint you as you will perceive, with as strong an ap- with the operations of the squadron under peal to the disposition on which it rested, my command during my late cruise. I as could with propriety be made.-I re- hasten to discharge this duty.-Having curred in subsequent conversations as often sailed on the 14th of last March, the as occasion presented itself, to the attack squadron proceeded to the latitude you on the Chesapeake, and to the Orders in had appointed, in which it captured two Council. It soon appeared, however, that vessels, one from China and the other from a new Envoy would not in the first instance Bengal. On the 1st of June, as there was be sent out to replace Mr. Jackson, and no longer any chance of prizes, I quitted consequently that arrangement of these the cruizing ground and steered for St. subjects was not in that mode to be ex- Augustin's Bay, to repair damages and pected. A special mission would still less refresh the crew. I found there an Engbe resorted to, and it was not likely that lish whaler, which was foundering, and approaches to negociation would be made could not be taken possession of; I orthrough a Charge d'Affaires. It was still dered her to be burned. The squadron in barely possible that though I had no a few days left the Bay, well caulked and powers to negociate and conclude, the equipped.-A few days after at day-break British Government might not be disin- on the 3d of July, we perceived three sail, clined to make advances through me within sight of Mayotte Island, to which or that Lord Wellesley would suffer me, we gave chace. I soon discovered that so far to understand the views of his they were three Company's vessels. They Government, as that I might enable you were making off on the opposite tack, to judge upon what conditions, and in about eight miles to windward. The Belwhat mode, arrangement was practicable. lona being an admirable sailer afforded a This was possible, though not very proba- chance that I should be able to bring them ble; but it finally became certain that no to action about the middle of the day; definite proposal would, for the present at but the currents of wind did not favour least, be made to us through any channel, her, although they did the Minerva, who and that Lord Wellesley would not com- got within cannon-shot of them at three mit himself on the details to which I o'clock. As soon as I had given the sigwished him to speak, but upon which, of nal for attack she gallantly ranged along course, I did not press him.-It only re- the line to windward, engaged them withmains to refer you for the actual senti- in pistol-shot, passed the headmost ship ments of this Government, with regard to for the purpose of obliging her to fall future negociations; with regard to the back, and driving her to leeward, broke concluding paragraph of lord Wellesley's their line and engaged them again. This letter to me, which is substantially the brilliant manoeuvre was on the point of same with his recent verbal explanations; being crowned with the most complete and to add, that in a short conversation success, when the frigate in an instant lost since the receipt of his letter, he told me her main-top-mast and fore-top-gallantthat if I thought myself empowered to mast. Fortunately at this time I had got enter upon and to adjust the case of the into the enemy's wake, in which I conChesapeake, he would proceed without tinued under a press of sail. The unexdelay toconsider it with me.-I have not pected success he had obtained appeared supposed that Lord Wellesley's letter re- to give him courage. He restored his quires any other than the common answer, line. I made the signal for a decisive and I have accordingly given the reply, engagement. At half past five I passed to of which a copy is now transmitted.I leeward of his line, which was formed in have the honour to be, with great consider- close order. I placed myself opposite the ation, Sir, Your most obedient humble centre vessel, which appeared to be that Servant, of the Commander, but in such a way that I could partially direct my fire against the whole three, which I engaged within less than pistol-shot at six o'clock. - The enemy at first kept up a brisk fire; their small arms were vigorously exerted. At seven o'clock the headmost ship gave WM. PINKNEY. FRANCE-Report of Capt. Duperre, com- herself stern way, for the purpose of getting under shelter of the vessel next to her, which becoming exposed by such a manœuvre to the whole of my fire, called out that she had surrendered. I wished to take possession of her, and put a boat out for that purpose, but it was unfortunately swamped. The headmost vessel having endeavoured to pass under my stern, I suffered her to do so, and found her on the other side within pistol-shot. I attacked her vigorously, and at the second broadside she struck, and extinguished all her lights. The manoeuvre she had made brought her close to leeward of the Minerve and Victor. I left her to these vessels, and proceeded to take possession of the ship that had struck, and to compel the third to surrender. I soon came up with her, and at the second broadside her lights were pulled down. I sent to take possession of these two vessels, and steered for the Minerve. I came up with her at 10 o'clock, and was exceedingly astonished to find her alone. The Captain informed me that the vessel which had struck, and which I had given up to him, taking advantage of the excessive darkness of the night, and particularly of the confidence derived from her having surrendered, had, contrary to the laws of honour and of war, escaped from under his guns. It was necessary to man the two other ships, called the Ceylon and the Windham, coming from the Cape, and proceeding to Madras. They carried each 30 guns and had 400 soldiers on board each vessel, helonging to the 24th regiment of foot; a General Officer, a Colonel and the colours were on board, which accounts for their obstinate resistThe disgraceful runaway was called the Astle, and was the strongest ship of the three. On the 20th of August, in the morning, I got sight of the mountains of Port Imperial, in the Isle of France. At noon, I could see the port. The National flag was flying on the Isle de la Passe, and the signal" the enemy are cruising off La Mire. A three-masted vessel was at anchor under the fort, with French colours. I determined to touch there, or at least to take my direction from it. The sloop was a-head; the Minerve followed her. The Victor, on doubling the fort, received some shot both from it and the frigate, ance. me. and both instantly hoisted the English flag. It first struck me that all this part was in possession of the enemy. I made the signal to the squadron, which was still under sail, for close order, and to keep to windward. It was too late for the Minerve; she and the Ceylon had already entered the pass. In a few minutes she went through it, engaging the fort and the frigate. There was no longer hesitation. The passage was to be forced, the squadron carried in, and a diversion effected that might be useful to the country. I made sail, throwing out a signal to follow The Windham from some indecision was unable to do so. I entered the passage under easy sail, and the fire of the fort and the frigate. I gave the latter my whole broadside as I passed under the stern within cannon-sliot. As soon as I had entered I discovered the French flag flying every where. The Isle de la Passe alone appeard to me to be in possession of the enemy. I joined my squadron, and gave orders that it should take a more advanced ground of anchorage, which was instantly done. I was informed from the shore of the situation of the island. On the 21st I placed the squadron near the shore, with the rear toward the rocks which skirt the Bay, and the van close to the coral reef. On the 22d the Nereide frigate, which was at anchor under the Isle of La Passe, was joined by the Sirius. Both of them made a movement to attack me. Your Excellency being aware of the weak state of my crews, in consequence of the prizes I had taken, and the engagements I had fought, sent me a detachment of fifty men from La Manche and L'Entreprenant sloop, with the necessary proportion of officers. I immediately stationed them on board the different vessels. The plan of attack was frustrated by the Sirius getting on the reef in the Channel, where she remained till night. On the 23d two more frigates made their appearance, and joined the former two at their anchorage at four o'clock. From the preparations they made, I had not the smallest doubt that they would attack me.-At five o'clock the four enemy's frigates advanced. One of them made for the Minerve, another for the Ceylon, and two for the Bellone, indicating by their movements that they meant to anchor and attack us. (To be continued.) Published by R. BAGSHAW, Brydges-Street, Covent Garden :-Sold also by J. BUDD, Pall-Mall. LONDON :-Printed by T: C. Hansard, Peterborough-Court, Fleet-Street, |