his maj.'s government could not hereafter | August, without its being known to all the command the same means, whatever might merchants; and when we consider the be its disposition.-M. D'Araujo observed, consequences with which the invasion and that if the forces of England were distract-partition of Portugal would be pregnant, ed, and engaged in distant expeditions, it must be evident that no efforts of the Portugal would be exposed to the ut- government could suppress the intellimost danger, and left totally defenceless. gence, or prevent the universal public alarm He frequently repeated how desirable it which the avowal of such a resolution, couwould have been, that the arrival of a pled with the preparations necessary to minister should have preceded the fleet, carry it into execution, must have produthat full communications should have been ced throughout the kingdom, and especipreviously made of the intentions of his ally in the towns of Lisbon and Oporto.maj.'s government and a due consideration I must add, that I cannot imagine any inbestowed upon the means which could be terest which the court of Lisbon could applied for the defence of the country; have in shutting its eyes to such moveand seemed to be thoroughly persuaded that ments, had they been made; and it has the arrival of a British force in the Tagus shewn a sufficient sensibility to danger to at this moment, connected with the cir- assure us, that it could not conceal its fears cumstances of the present mission, would if they had been really excited. I am draw upon Portugal the resentment of therefore inclined to doubt this armament France, and be considered as a violation as stated. I am confident that the arrival of the treaty of neutrality.-I urged of the convoy with the troops will excite strongly the arguments suggested by my the utmost terror and despair in this goinstructions upon that subject, and I did vernment and city; but I do not think the not omit to remark to him, that his maj. Prince Regent will altogether refuse the had suffered the court of Lisbon to pay permission to land when demanded. It is subsidies to France, as long as a hope re- however unquestionable that he will promained of its being able to preserve its test most strongly against it, not only as neutrality. M. d'Araujo said, he found derogatory to his independence, but as an the treaty of neutrality in existence when infraction of his neutrality, likely to bring he came into office, and believed it to be down upon the country the resentment of the only means of preserving Portugal, France, and to engage him in an unnecesand repeated his arguments against the sary war. The most moderate tone that sufficiency of the evidence on which his can be taken by the court here, will be to inaj.'s government founded their belief of declare Great Britain responsible for all the designs hostile to Portugal. the consequences of the proceeding, and bound to undertake the defence and provide for the security of Portugal, should it be attacked. Although the permission to land and encamp may be granted, the possession of the forts will almost certainly be refused; and it is not easy to give any reason for insisting upon having them. The landing may be required because the troops are crowded in their transports and the anchorage without the bar unsafe at this season, and the Prince may content himself with not opposing it.-But if the government cannot be induced to consent to let the troops occupy the fort of St. Julian by the arguments drawn from the precedents in 1797, (which however in strictness do not apply, for the forts were then empty, and the Portuguese regiments upon the frontiers), and from representing how desirable it is that the British troops should be kept as much as possible out of the city of Lisbon; it will be a very strong step to require that the Portuguese troops should be removed, and that the absolute

No. V. Extract of a Dispatch from the earl of Rosslyn to Mr. Secretary Fox, dated Lisbon, Sept. 2, 1806.

I am sorry to say that I cannot see the least grounds to expect vigorous efforts from this nation in its own defence; and it is evident that no force G. Britain can possibly furnish, would of itself be adequate to arrest the progress of a French invasion. -In short it is my duty to state, that I entirely despair of the possibility of defending Portugal against a French invasion by any means to be found here, or that G. Britain can even with great sacrifices supply. With respect to the immediate objects of my mission, I must observe to you, that no apprehensions of danger from France existed in this country; and that all the intelligence I have been able to acquire here, contradicts the supposition of preparations at Bayonne.--It appears to me quite incredible that an army could be suddenly assembled at Bayonne, to half the extent stated from the beginning of

Your lordship's dispatches have been duly received. A very careful attention has been given by his majesty's ministers to the interesting picture which your ldp. has drawn of the present situation of Por

court of Lisbon. To these two points your Idp. very properly directed your early attention, in order to ascertain to what extent the menaces of the French government, as avowed by M. Talleyrand, were actually ready to be carried into effect, and how far the pressure of that danger was imminent enough to call forth into action the utmost exertions which Great Britain could supply, as well for the protection of her antient ally, as for the security of her own maritime power and interests. Upon this great and essential enquiry did necessarily depend the prosecution of those ulterior operations which his majesty had entrusted to the direction of the distinguished officers who were for. that purpose joined with your ldp. in commission to the court of Lisbon.-The peculiar and critical circumstances of the position of Portugal, and information received soon after the time of your ldp.'s sailing from England, seemed however to be such as to admit of deferring for a short time, the actual appearance of the British land forces at Lisbon. His majesty had therefore aiready been advised to direct the troops to remain in readiness at Plymouth till your Idp.'s dispatches from Lisbon should furnish the means of deciding

command of the port and city should be given up to us. No pretext of common danger can be alleged, and no apprehension for the security of any separate interest of the British can be pretended.-If the court of Lisbon take the line of expres-tugal, and of the actual disposition of the sing its gratitude for the promptness with which the succours have been sent upon the supposition of danger, and of entreating his majesty to withdraw his forces, when it appears that such danger does not exist; or should it prepare itself for war as rendered inevitable by this expedition; it will be equally contrary to the professions which we have been instructed to make, and appear a most extraordinary preliminary to the defence of an ally to proceed to a reduction of their fortresses by force without any provocation on their part, or any motive of self-defence on ours real or pretended.-Our Instructions proceed upon a supposition that the French were in force at Bayonne, and the immediate invasion of Portugal indubitable; and those measures which would have been strictly justifiable in case this government should have abandoned all idea of resistance or escape from the danger, would, in the circumstances I have stated, assume an opposite character, and be made to appear to the rest of Europe as an act of unjustifiable violence and aggression. This case has not been foreseen, and could not have been distinctly provided for. But the 11th and 12th paragraphs of the first instructions strongly indicate the sentiments of his majesty's ministers as applicable to this ques-upon the propriety of sending them to Portion, and appear to me to preclude all measures of force which are not prescribed by the evident necessity of the case, and justified by the danger of the ships and military resources of the country falling an easy and certain prey into the hands of the enemy.--Governing ourselves by the general tenor of our orders, and the spirit of moderation and conciliation which pervades the whole of them, we must endeayour to make the best of this difficult situation; nor ought we to depart in any degree from those principles while this court manifests a most friendly disposition, except upon the near approach of an enemy. Then the reason suggested for seizing the forts and ships may with propriety and truth be alleged, and those measures so necessary for the security of Great Britain be carried into execution.

No. VI.-Extract of a Dispatch from Mr. Secretary Windham to the earl of Rosslyn, dated Sept. 13, 1806.

tugal, or of continuing to apply them to their original destination.In this respect therefore, the wish which has been so strongly expressed to you by his royal highness the Prince Regent and by Mons. d'Araujo, of the British troops not entering the Tagus, has been already anticipated; and your ldp. will not fail to impress his royal highness the Prince Regent with this proof of the delicacy and attention with which his majesty has consulted the wishes and apprehensions of the court of Portugal, while he was at the same time generously providing for the substantial purposes of their support and protection.

-

The general tenor of your lordship's most recent informations, concurring with the positive assurances of M. d'Araujo, in establishing the belief that there is no immediate menace of attack from Bayonne, and the fears and solicitations of the court of Lisbon appearing to be much alive to the supposed danger to Portugal by the

continuance of the British squadron in the | Paris, covering one to him from the minisTagus, your lordship is instructed fur-ter of marine of that government, assurther to declare to his royal highness the Prince Regent, that his majesty, having performed the duty of a faithful and generous ally by the proffer of his powerful assistance, is satisfied to withdraw for the present, that assistance, at the earnest request of the court of Lisbon, and therefore that proper orders will be accordingly forthwith sent out to the earl of St. Vincent to that effect.

all Islands in the possession of his Brit. majesty, and Islands merely, or whether the rule will be so construed, as to extend the Blockade to the continental possessions also, of his said majesty? Whether it be meant that the Arrêté shall operate from its date, and that seizures made under it before notice shall have been given, shall be considered legal? Whether American vessels, navigating the high or narrow seas shall be liable to seizure, on evidence only, that they are going to, or returning from, a port or ports of his Brit. majesty ? And whether Art. II. and V. shall operate only as domestic Regulations, or whether their injunctions shall extend to citizens of foreign and independent nations? His

by those of our allies, shall be made a prisoner of war.-IV. All magazines, merchandize, or property whatsoever, belonging to a subject of England, shall be decared a lawful prize. V. The trade in English merchandize is forbidden. All merchandize belonging to England, or coming from its manufactories and colonies, is declared lawful prize. VI. One half of the proceeds of the confiscation of the merchandize and property, declared good prize by the preceding Articles, shall be applied to indemnify the merchants for the losses which they have suffered by the capture of merchant vessels by English Cruizers.-VII. No vessel coming directly from England or from the English colonies, or having been there since the pub-exc. the minister of marine is sufficiently lication of the present decree, shall be re- aware of the interest of the United States ceived into any port.-VIII. Every vessel in the interpretation which shall be given contravening the above clause, by means to these Articles, and will readily and justof a false declaration, shall be seized, and ly appreciate the motives of the undersignthe vessel and cargo confiscated, as if they ed, in requesting that his excellency's Anwere English property.-IX. Our Tri-swer may be given as promptly as possibunal of Prizes at Paris is charged with ble. JOHN ARMSTRONG. the definite adjudication of all the contro- (Sixth Inclosure referred to in No. 1.)versies, which may arise within our empire, or in the countries occupied by the French army, relative to the execution of the present decree. Our Tribunal of Prizes at Milan, shall be charged with the definite adjudication of the said controversies which may arise within the extent of our kingdom of Italy.-X. The present Decree shall be communicated by our minister of exterior relations, to the kings of Spain, of Naples, of Holland, and of Etruria, and to our Allies, whose subjects, like ours, are the victims of the injustice and the barbarism of the English maritime laws. Our ministers of exterior relations, of war, of marine, of finances, of police, and our post masters general, are charged, each in what concerns him, with the execution of the present Decree.

(Fifth Inclosure referred to in No. 1.)

Gen. Armstrong to the Minister of Marine and Colonies, dated Paris, Dec. 10, 1806. The undersigned, minister plenipotentiary of the U. States of America, has the honour of demanding from his exc. the minister of marine and colonies, the official Explanation which may have been given to the Imperial Decree of the 21st Nov. 1806, so far as that decree involves the rights of neutral nations.-The undersigned would more particularly wish to be informed whether by British Islands' mentioned in Art. I. are to be understood

Dated Paris, 24th Dec. 1806. Mr. Minister Plenipotentiary; I hasten to answer the Note you did me the honour to address to me on the 20th of this month. I consider the Imperial Decree of the 21st Nov. last, as, thus far, conveying no modification of the Regulations at present observed in France with regard to neutral navigators, nor consequently of the convention of the 30th Sept. 1800, with the United States of America. But although, by this Answer, the four Questions upon which your exc. has desired to know my opinion, have been implicitly resolved, I think I can add, 1st, That the Declaration expressed by the 1st Art. of the Decree of the 21st Nov. not at all changing the present French laws concerning maritime captures, there is no reason for enquiring what interpretation or restriction or extension may be given to this Article. 2d, That Seizures, contrary to the present Regulations concerning Cruizing, shall not be allowed to the capturers 3d, That an American vessel cannot be taken at sea for the mere reason that she is going to a port of England, or is returning from one, because, conformably with the 7th Art. of the said Decree, we are limited in France not to admit vessels coming from England or the English Colonies. 4th, That the provisions of Articles 2d and 5th of the said Decree, naturally apply to foreign citizens domiciliated in France

or in the countries occupied by the from the English manufactories or territroops of his majesty the emperor and tory?-Answer. His majesty has intimatking, inasmuch as they have the charactered that, as he did not think proper to exof a general law; but that it will be pro- press any exception in this Decree, there per that your exc. should communicate is no ground for making any in its execuwith the minister of exterior relations as to tion in relation to any whomsoever, (à what concerns the correspondence of the l'egard de qui que ce peut être.) His citizens of the United States with England. majesty has postponed a decision on the I pray, &c. (Signed) DECRES.-It will question, whether armed French vessels not escape gen. Armstrong that my An- ought to capture neutral vessels bound to swers cannot have the developement which or from England, even when they have no they would receive from the minister of English merchandize on board. (Signed) exterior relations, and that it is naturally REGNIER. to him that he ought to address himself for these explanations, which I am very happy to give him, because he wishes them, but upon which I have much less positive information than the Prince of Beneventum. DECRES.

(Signed)

No. II.-Message from the President to the Senate and House of Representatives of the United States. Dec. 18,

1807.

The communications now made, shewing the great and increasing dangers with which our vessels, our seamen, and merchandize are threatened, on the high seas and elsewhere, from the belligerents of Europe, and it being of the greatest importance to keep in safety these essential resources, I deem it my duty to recommend the subject to the consideration of Congress; who will doubtless perceive all the advantages which may be expected from an inhibition of the departure of our vessels from the ports of the United States. Their wisdom will also see the necessity of making every preparation for whatever events may grow out of the present crisis. I ask a return of the letters of Messrs. Armstrong and Champagny, which it would be improper to make public.

TH. JEFFERSON. No. III.-Extract of a Letter from the Grand Judge, Minister of Justice at Paris, to the Attorney General for the Council of Prizes there, dated Paris, Sept. 18th, 1807.

I have submitted to his majesty the emperor and king the doubts raised by his exc. the minister of marine and colonies, on the extent of certain dispositions of the imperial decree of the 21st Nov. 1806, which has declared the British isles in a state of blockade. The following are his majesty's intentions on the points in question: May vessels of war by virtue of the imperial decree of 21st Nov. last, seize on board neutral vessels, either English property, or even all merchandize proceeding

(SECOND SET, Presented Feb. 22.) No. 1.-DISPATCH from lord visc. Howick to the hon. David Erskine, dat

ed Downing Street, 8th Jan. 1807. ́ Sir; Your dispatch No. I. announcing your arrival at Annapolis on board the Avon sloop of war, was received here on the 6th of Dec. and, together with Mr. Merry's dispatches, which were received at the same time, has been laid before the king. It is with great satisfaction that I inform you that the Treaty of Amity, Navigation, and Commerce, between this country and the U. States, was signed on 31st ult. by lords Holland and Auckland on the part of his maj. and by M.M. Monroe and Pinkney on the part of their government.—Mr. Purviance, secretary to the American legation here, who leaves London to-day, is the bearer of the Treaty for ratification. I have the honour herewith to transmit a copy of this Treaty for your information, together with a copy of a Note, delivered previous to the signature by the lords Holland and Auckland, relative to the complaints of the Canada merchants, on the subject of the estimation of the duties on the inland trade, in certain parts of the U. States. These complaints, which were communicated by Mr. Merry in the early part of last year, but from various circumstances postponed for consideration, certainly must not be lost sight of by his majesty's government, and every means will be taken to obtain redress for the removal of the inconvenience complained of.—I transmit to you also the copy of another Note presented by their lordships to the American commissioners previously to the signature of the Treaty, on the subject of the extraordinary Declarations and Orders of the French government issued at Berlin, on the 16th Nov. last. This Note I must recommend to your particular attention; you will state to the American government, that his majesty relies with con