who possess the actual sovereignty there, as in the hands of Americans, who to obtain possession, must begin by committing an act of hostility towards Spain.

But it may be said that the Spanish forces in Mexico, in Cuba, or in Pensacola, are unequal to quell the rebellious association of a band of desperadoes who are known by the contemptuous appellation of land-jobbers. Allowing as much (which you will agree with me, sir, is allowing a great deal) would it not have been worthy of the generosity of a free nation like this, bearing as it doubtless does, a respect for the rights of a gallant people at this moment engaged in a noble struggle for its liberty, would it not have been an act on the part of this country dictated by the soundest ties of good neighbourhood and of friendship which exists between it and Spain, to have simply offered its assistance to crush the common enemy of both, than to have made such interference the pretext of wresting a province from a friendly power, and that at a time of her adversity.

For allow me, sir, to inquire how can the declaration in the president's proclamation, that in the hands of the United States, that territory will not cease to be a subject of fair and friendly adjustment, be made to accord with the declaration in his message to congress (implying permanent possession) of the adoption of that people into the bosom of the American family. The act, consequently, of sending a force to West Florida, to secure by arms, what was before a subject of friendly negotiation, cannot I much fear, under any palliation be considered as other than an act of open hostility against Spain. Whilst, therefore, it is impossible to disguise the deep and lively interest which his majesty takes in every thing that relates to Spain, which would I am convinced induce him to mediate between Spain and the United States on any point of controversy which may exist between them with the utmost impartiality and good will towards both parties, I think it due to the sincere wish of his majesty to maintain unimpared the friendship which at this moment happily exists between Great Britain and the United States, to say that such are the ties by which his majesty is bound to Spain that he cannot see with indifference any attack upon her interests in America; and as I have no doubt the government of the United States will attribute this representation to the most conciliatory motives, I am induced to request in answer to it such explanation on the subject as will at once convince his majesty's government of the pacific disposition of the United States towards his majesty's allies, the Spaniards, and will remove the contrary impression which I fear the president's message is likely to make. I have the honour to be, &c.

Mr. Morier to Mr. Smith.

J. P. MORIER.

Mr. Morier presents his compliments to Mr. Smith, and begs the favour to be informed when he may expect an answer to the let

ter which he had the honour to address to Mr. Smith on the 15th instant.

Mr. Morier, at the same time, hopes that Mr. Smith, concurring in the opinion that it would be desirable that his majesty's government should as soon as possible after the receipt of the president's message be furnished with the explanation which Mr. Morier has requested in the above letter, on the occupation of West Florida in the name of the United States, will readily excuse the solicitude with which he again presses this subject upon the attention of this government.

Washington, Dec. 22d, 1810.

SIR,

Mr. Smith to Mr. Morier.

Department of State, Dec. 28th, 1810

Taking into view the subject and circumstances of your letter of the 15th instant, I have, in acknowledging it, only to remark to you, although it is sufficiently evident from the face of the documents before the public, that no hostile or unfriendly purpose is entertained towards Spain, the only power known to the United States in the transaction, yet our functionary at London has been enabled to give to your government whatever explanations may comport with the frankness and the spirit of conciliation which have been invariably manifested on the part of the United States. I have, &c. (Signed) R. SMITH.

John Philip Morier, Esq. Charge d'Affaires.

An Act supplementary to an act intitled an act authorizing the President of the United States to occupy the Territory therein mentioned, and for other purposes.

BE it enacted by the senate and house of representatives of the United States of America, in congress assembled, That this act, the act intitled "an Act, authorizing the president of the United States to occupy the territory therein mentioned, and for other purposes," and the declaration accompanying the same, be not printed, or published, until the end of the next session of congress, unless directed by the president of the United States, any law or usage to the contrary notwithstanding.

The above act passed in a secret sitting, on the evening of the 3d of March. (Sunday night.)

85

AFFAIR OF THE LITTLE BELT.

[OFFICIAL.]

Copy of a letter from Commodore Rodgers to the Secretary of the

Navy.

U. S. Frigate President; off Sandy Hook, 23d May, 1811. .

SIR, I regret extremely being under the necessity of representing to you an event that occurred on the night of the 16th inst. between the ship under my command and his Britannic majesty's ship of war the Little Belt, commanded by captain Bingham: the result of which has given me much pain, as well on account of the injury she sustained, as that I should have been compelled to the measure that produced it, by a vessel of her inferior force. The circumstances are as follows: On the 16th inst. at twenty-five minutes past meridian in seventeen fathom water, Cape Henry bearing s.w. distant fourteen or fifteen leagues, a sail was discotered from our mast head in the east, standing towards us under a press of sail. At half past one, the symmetry of her upper sails (which were at this time distinguishable from our deck) and her making signals showed her to be a man of war. At forty-five minutes past one, p. m. hoisted our ensign and pendant; when, finding her signals not answered, she wore and stood to the southward. Being desirous of speaking her, and of ascertaining what she was, I now made sail in chase; and by half past three, p. m. found we were coming up with her; as by this time the upper part of her stern began to show itself above the horizon. The wind now began, and continued gradually to decrease, so as to prevent my being able to approach her sufficiently before sunset, to discover her actual force (which the position she preserved during the chase was calculated to conceal), or to judge even to what nation she belonged; as she appeared studiously to decline showing her colors. At fifteen or twenty minutes past seven, p. m. the chase took in her studding sails, and soon after haled up her courses, and haled by the wind on the starboard tack; she at the same time hoisted an ensign or flag at her mizen peak; but it was too dark for me to discover what nation it represented. Now, for the first time, her broad side was presented to our view; but night had so far progressed, that although her appearance indicated she was a frigate, I was unable to determine her actual force.

At fifteen minutes before eight, p. m. being about a mile and a half from her, the wind at the time very light, I directed captain Ludlow to take a position to windward of her and on the same tack, within short speaking distance. This, however, the commander of the chase appeared from his manœuvres to be anxious to prevent, as he wore and haled by the wind on different tacks four times

successively between this period and the time of our arriving at the position, which I had ordered to be taken. At fifteen or twenty minutes past eight, being a little forward of her weather beam and distant from seventy to a hundred yards, I hailed "What ship is that?" To this inquiry no answer was given; but I was hailed by her commander and asked "What ship is that?" Having asked the first question, I of course considered myself intitled by the common rules of politeness to the first answer. After a pause of fifteen or twenty seconds, I reiterated my first inquiry of "What ship is that?" and before I had time to take the trumpet from my mouth, was answered by a shot, that cut off one of our main topmast breast backstays and went into our main mast. At this instant captain Caldwell (of marines), who was standing very near to me on the gangway, having observed "Sir, she has fired at us," caused me to pause for a moment just as I was in the act of giving an order to fire a shot in return, and before I had time to resume the repetition of the intended order, a shot was actually fired from the second division of this ship; and was scarcely out of the gun before it was answered from our assumed enemy by three others in quick succession, and soon after, the rest of his broadside and musketry. When the first shot was fired, being under an impression that it might possibly have proceeded from accident and without the orders of the commander, I had determined at the moment to fire only a single shot in return; but the immediate repetition of the previous unprovoked outrage, induced me to believe that the insult was premeditated, and that from our adversary being at the time as ignorant of our real force as I was of his, he thought this, perhaps, a favourable opportunity of acquiring promotion, although at the expense of violating our neutrality and insulting our flag. I accordingly, with that degree of repugnance incident to feeling equally determined neither to be the aggressor, nor to suffer the flag of my country to be insulted with impunity, gave a general order to fire; the effect of which, in from four to six minutes, as near as I can judge, having produced a partial silence of his guns, I gave orders to cease firing; discovering by the feeble opposition that it must be a ship of very inferior force to what I had supposed, or that some untoward accident had happened to her.

My orders in this instance, however, (although they proceeded alone from motives of humanity and a determination not to spill a drop of blood unnecessarily) I had in less than four minutes some reason to regret, as he renewed his fire, of which two thirty-two pound shot cut off one of our fore-shrouds and injured our foremast. It was now that I found myself under the painful necessity of giving orders for a repetition of our fire against a force which my forbearance alone had enabled to do us an injury of moment. Our fire was accordingly renewed and continued from three to five minutes longer, when perceiving our opponent's gaff and colors down, main top-sail yard upon the cap, and his fire silenced, although it was so dark that I could not discern any other particular injury

we had done, or how far he was in a situation to do us farther harm, I nevertheless embraced the earliest moment to stop our fire and prevent the farther effusion of blood. Here a pause of half a minute or more took place, at the end of which, our adversary not showing a farther disposition to fire, I hailed and again asked "What ship is that?" I learned, for the first time, that it was a ship of his Britannic majesty's; but owing to its blowing rather fresher than it had done, I was unable to learn her name. After having informed her commander of the name of this ship, I gave orders to wear, run under his lee and hale by the wind on the starboard tack, and heave to under topsails and repair what little injury we had sustained in our rigging, which was accordingly executed; and we continued laying to on different tacks with a number of lights displayed in order that our adversary might the better* discern our position, and command our assistance, in case he found it necessary during the night. At day light on the 17th, he was discovered several miles to leeward, when I gave orders to bear up and run down to him under easy sail. After hailing him, I sent a boat on board with lieut. Creighton, to learn the names of the ship and her commander, with directions to ascertain the damage she had sustained, and to inform her commander, how much I regretted the necessity on my part, which had lead to such an unhappy result; at the same time to offer all the assistance that the ship under my command afforded, in repairing the damages his had sustained. At nine a. m. lieut. Creighton returned with information, that it was his Britannic majesty's ship Little Belt, commanded by captain Bingham; who, in a polite manner, declined the acceptance of any assistance: saying, at the same time, that he had on board all the necessary requisites to repair the damages sufficiently to enable him to return to Halifax.

This however was not the most unpleasant part of captain Bingham's communication to lieutenant Creighton, as he informed him, that in addition to the injury his ship had sustained, between twenty and thirty of his crew had been killed and wounded.

The regret that this information caused me, was such, you may be sure, as a man might be expected to feel, whose greatest pride is to prove, without ostentation, by every public as well as private act, that he possesses a humane and generous heart; and with these sentiments, believe me, sir, that such a communication would cause me the most acute pain during the remainder of my life, had I not the consolation to know that there was no alternative left for me between such a sacrifice, and one which would have been still greater, namely to have remained a passive spectator of insult to the flag of my country, whilst it was confided to my protection; and I would have you to be convinced, sir, that however much individually I may previously have had reason to feel incensed at the repeated outrages committed on our flag by British ships of war, neither my passions nor prejudices had any agency in this affair.