they proposed, we should also pay, with a perpetual exemption from foreign duties on the manufactures, productions and vessels in France and Spain in the ports of the ceded territory. From that demand, however, in respect to the sum he receded under the deliberation of his own cabinet; for the first proposition, which M. Marbois made to us was, that we should pay 80 millions. Sixty of which in cash, the balance to our citizens, the whole in one year in Paris, with a perpetual exemption from foreign duties as above. The modification in the mode of payment, that is by stock, for from the quantum he never would depart, and the limitation of the term of the duties to twelve years, with the proviso annexed to it, which was introduced into the treaty, with every other change from this project, was the effect of the negotiation and accommodation,in which we experienced on his part and that of his government, a promptitude and candor, which were highly grateful to us. R. R. LIVINGSTON, JAMES MONROE.

98. Mr Erskine Arrangement.

From Mr Canning's Instructions to Mr Erskine. Extract.

London, Jan. 23, 1809. From the reports of your conversations with Mr Madison, Mr. Smith, and Mr. Gallatin, it appears, 1st, That the American government is prepared, in the event of his Majesty's consenting to withdraw the orders in council, of January and November 1807, to withdraw, contemporaneously, on its part, the interdiction of its harbours to ships of war, and all nonintercourse and nonimportation acts, so far as respects Great Britain, leaving them in force with respect to France, and the powers which adopt or act under her decrees. 2dly, What is of the utmost importance, as precluding a new source of misunderstanding, which might arise after the adjustment of the other questions, that America is willing to renounce, during the present war, the pretension of carrying on, in time of war, all trade with the enemies' colonies, from which she was excluded during peace. 3dly, Great Britain for the purpose of securing the operation of the embargo, and of the bona fide intention of America to prevent her citizens from trading with France, and the powers adopting and acting under the French decrees, is to be considered as being at liberty to capture all such American vessels as my be found attempting to trade with the ports of any of those powers; without which security for the observance of the embargo, the raising of it nominally, with respect to Great Britain alone would in fact raise it with respect to all the world. On these conditions, his majesty would consent to withdraw the orders in council, of January and November 1807, so far as respect America."—"Upon receiving through you, on the part of the American government, a distinct an official recognition of the three above mentioned conditions, his majesty will lose no time in sending to America a minister, fully empowered to consign them to a formal and regular treaty."-"Upon the receipt here of an official note, containing an engagement for the adoption, by the American government, of the three conditions above specified, his majesty will be prepared, on the faith of such engagement, either immediately, (if the repeal shall have been immediate in America) on any day specified by the American governmen, for that repeal, reciprocally to recall the orders in council, without waiting for the conclusion of a treaty. And you are authorized, in the circumstances herein described, to take such reciprocal engagement on his majesty's behalf.”

Apology for deviating from Instructions.

Washington Aug. 10, 1809. Nothing could have induced me to have deviated, in the slightest degree, from the orders I had received, but a thorough conviction upon my mind, that by so doing, to a certain extent, I should accomplish the object which his majesty had in view, when, by too strictly adhering to the letter of my instructions, I might lose the opportunity of promoting essentially his majesty's wishes and interest."

99. Mr Jackson to Mr Smith.

On Mr Erskine's Instructions. Extract.

Washington, October 11, 1809. "It was not known, when I left England, whether Mr Erskine had, according to the liberty allowed him, communicated to you, in extenso, his original instructions. It now appears that he did not. But in reverting to his official correspondence and particularly to a despatch addressed on the 20th of April to his Majesty's secretary of state for foreign affairs, I find that he there states, that he had submitted to your consideration the three conditions, specified in those instructions as the ground work of an arrangement, which, according to information received from this country, it was thought in England might be made with a prospect of great mutual advantage. Mr Erskine there reports verbatim et seriatim your observations upon each of the three conditions, and the reasons, which induced you to think, that others might be substituted in lieu of them. It may have been concluded between you, that these latter were an equivalent for the original conditions, but the very act of substitution evidently shows, that those original conditions were in fact very explicitly communicated to you, and by you of course laid before the President for his consideration. I need hardly add, that the difference between these conditions, and those contained in the arrangement of the 18th and 19th of April, is sufficiently obvious to require no elucidation, nor need I draw the conclusion, which I consider as admitted by all absence of complaint on the part of the American government; viz, that under such circumstances his majesty had an undoubted and incontrovertible right to disavow the act of his minister. I must here allude to a supposition, which you have more than once mentioned to me, and by which, if it had any the sligh test foundation, this right might perhaps have been in some degree affected. You have informed me that you understood that Mr Erskine had two sets of instructions by which to regulate his conduct, and that upon one of them, which had not been communicated either to you or to the public, was to be rested the justification of the terms finally agreed upon between you and him. It is my duty, sir, solemnly to declare to you, and through you to the President, that the despatch from Mr Canning to Mr Erskine, which you have made the basis of an official correspondence with the latter minister, and which was read by the former to the American minister in London, is the only despatch by which the conditions were prescribed to Mr Erskine for the conclusion of an arrangement with this country on the matter to which it relates."

100. Mr. Jackson to Mr. Smith.

His Vindication. Extract.

Washington Nov. 4, 1809. I am concerned, Sir, to be obliged a second time to appeal to those principles of public law, under the sanction and protection of

which I was sent to this country. Where there is not freedom of communication in the form substituted for the more usual one of verbal discussion, there can be little useful intercourse between ministers; and one, at least of the epithets, which you have thought proper to apply to my last letter, is such as necessarily abridges that freedom That any thing therein contained, may be irrelevant to the subject. it is of course competent in you to endeavour to show, and, as far as you succeed in so doing, in so far will my argument lose its validity; but as to the propriety of my allusions, you must allow me to acknowledge only the decision of my own sov ereign, whose commands I obey, and to whom alone, I can consider myself responsible. Beyond this, it suffices that I do not deviate from the respect due to the government, to which I am accredited.

You will find that in my correspondence with you, I have carefully avoided drawing conclusions that did not necessarily follow from the premises advanced by me, and, last of all, should I think of uttering an insinuation where I was unable to substantiate a fact. To facts, such as I have become acquainted with them, I have scrupulously adhered, and in so doing, I must continue, wherever the good faith of his Majesty's government is called in question, to vindicate its honor and dignity, in the manner that appears to me the best calculated for that purpose.

101. Mr Smith to Mr Jackson.

Close of Negotiation. Extract.

Washington, Nov. 8, 1809. In my letter of the 19th ult. I stated to you, that the declaration in your letter of the 11th, that the despatch from Mr. Canning to Mr. Erskine of the 23d January, was the only despatch by which the conditions were prescribed to Mr. Erskine for the conclusion of an arrangement on the matter to which it related, was then for the first time made to this government; and it was added, that if that despatch had been communicated at the time of the arrangement, or if it had been known that the propositions contained in it, were the only ones on which he was authorized to make an arrangement, the arrangement would not have been made.

In my letter of the 1st instant, adverting to the repetition in your letter of the 23d ultimo, of a language implying a knowledge of this government that the instructions of your predecessor did not authorize the arrangement formed by him, an intimation was distinctly given to you, that after the explicit and peremptory asseveration that this government had not any knowledge, and that with such a knowledge, such an arrangement would not have been made, no such insinuation could be admitted by this government.

Finding that in your reply of the 4th instant, you have used a language, which cannot be understood, but as reiterating and even aggravating the same gross insinuation, it only remains, in order to preclude opportunities, which are thus abused, to inform you that no further communications will be received from you, and that the necessity of this determination will, without delay, be made known to your governinent. In the mean time, a ready attention will be given to any communications affecting the interests of the two nations through any other channel that may be substituted." I am, &c. &c. &c. R. SMITH.

102. Berlin Decree of Nov. 21, 1806. (French.)

Imperial Camp, Berlin, Nov. 21, 1806. Napoleon, emperor of the French, and king of Italy, considering:

1. That England does not admit the right of nations, as universally acknowledged by all civilized people:

2. That she declares as an enemy every individual belonging to an enemy state, and, in consequence, makes prisoners of war, not only of the crews of armed vessels, but also of merchant vessels, and even the supercargoes of the same:

3. That she extends or applies to merchant vessels, to articles of commerce, and to the property of individuals, the right of conquest, which can only be applied or extended to what belongs to an enemy state:

4. That she extends to ports not fortified, to harbours, and mouths of rivers, the right of blockade, which, according to reason and the usage of civilized nations, is applicable only to strong or fortified ports:

5. That she declares blockaded places before which she has not a single vessel of war, although a place ought not to be considered blockaded, but when it is so invested as that no approach to it can be made, without imminent hazard; that she declares even places blockaded, which her united forces would be incapable of doing, such as entire coasts and a whole empire:

6. That this unequalled abuse of right of blockade has no other object than to interrupt the communications of different nations, and to extend the commerce and industry of England upon the ruin of those of the continent

7. That this being the evident design of England, whoever deals on the continent in English merchandise favours that design, and becomes an accomplice

8. That this conduct in England (worthy only of the first ages of barbarism) has benefitted her to the detriment of other nations

9. That it being right to oppose to an enemy the same arms she makes use of, to combat as she does, when all ideas of justiee, and every liberal sentiment (the result of civilization among men) are disregarded

We have resolved to enforce against England the usages which she has consecrated in her maritime code.

The present decree shall be considered as the fundamental law of the empire, until England has acknowledged that the rights of war are the same on land as at sea; that it cannot be extended to any private property whatever, nor to persons who are not military, and until the right of blockade be restrained to fortified places, actually invested by competent forces.

103. Orders in Council of Nov. 11, 1807. (English.)

At the Court at the queen's Palace, the 11th November, 1807-present, the King's Most Excellent Majesty in Council.

Whereas certain orders, establishing an unprecedented system of warfare against this kingdom, and aimed especially at the destruction of its commerce and resources, were, some time since, issued by the government of France, by which "the British islands were declared to be in a state of blockade,” thereby subjecting to capture and condemnation all vessels, with their cargoes, which should continue to trade with his majesty's dominions.

And whereas, by the same orders, "all trading in English merchandise belonging to England or coming from her colonies, or of her manufacture, is declared lawful prize."

And whereas the nations in alliance with France, and under her control, were required to give, and have given, and do give, effect to such orders.

And whereas his majesty's order of the 7th of January last, has not answered the desired purpose, either of compelling the enemy to recall those orders, or of inducing neutral nations to interpose, with effect to obtain their revocation; but on the contrary, the same have been recently enforced with increased vigour.

And whereas, his majesty, under these circumstances, finds himself compelled to take further measures for asserting and vindicating his just rights, and for supporting that maritime power, which the exertions and valour of this people have, under the blessing of Providence, enabled him to establish and maintain; and the maintenance of which is not more essential to the safety and prosperity of his majesty's dominions, than it is to the protection of such states as still retain their independence, and to the general intercourse and happiness of mankind. His majesty is therefore pleased, by and with the advice of his privy council, to order, and it is hereby ordered, that all the ports and places of France and her allies, or of any other country at war with his majesty, and all other ports or places in Europe, from which, although not at war with his majesty, the British flag is excluded, and all ports or places in the colonies belonging to his majesty's enemies, shall from henceforth be subject to the same restrictions, in point of trade and navigation, with the exceptions herein after mentioned, as if the same were actually blockaded by his majesty's naval frees, in the most strict and rigorous manner: And it is hereby further ordered and declared, that all trade in articles, which are of the produce or manufacture of the said countries or colonies, shall be deemed and considered to be nulawful; and that every vessel trading from or to the said countries or colonies, together with all goods and merchandise on board, and all articles of the produce or manufacture of the said countries or colonies, shall be captured, and condemned as prize to the captors.

But although his majesty would be fully jusisfied, by the circumstances and considerations above recited, in establishing such system of restrictions, with respect toall the countries and colonies of his enemies, without exception or qualification, yet his majesty being nevertheless desirous not to subject neutrals to any greater inconvenience than is absolutely inseparable from the carrying into effect his majesty's just determination to counteract the designs of his enemies, and to retort upon his enemies themselves the consequences of their own violence and injustice, and being yet willing to hope that it may be possible (consistently with that object) still to allow to neutrals the opportunity of furnishing themselves with colonial produce for their own consumption and supply, and even to leave open, for the present, such trade with his majesty's enemies as shall be carried on directly with the ports of his majesty's dominions, or of his allies, in themanner herein after mentioned.

His majesty is therefore pleased further to order, and it is hereby ordered, that nothing herein contained shall extend to subject to capture or condemnation any vessel, or the cargo of any vessel, belonging to any country, not declared by this order, to be subjected to the restrictions incident to a state of blockade, which shall have cleared out with such cargo from some port or place of the country to which she belongs, either in Europe or America, or from some free port in his majesty's colonies, under circumstances in which such trade from such free port is permitted direct to some port or place in the colonies of his majesty's enemies, or from those colonies direct to the country to which such vessel belongs, or to some free port in his majesty's colonies, in such cases, and with such articles, as it may be lawful to import into such free port; nor to any vessel, or the cargo of any vessel, belonging to any country not at war with his majesty, which shall have cleared out from some port or place in this kingdom, or from Gibraltar or Malta, under such regulations as his majesty may think fit to prescribe, or from any port belonging to his majesty's allies, and shall be proceeding direct to the port specified in her clearance; nor to any vessel, or the cargo of any vessel, belonging to any conntry not at war with his majesty, which shall be coming from any port or place in Europe, which is declared by this order to be subject to the restrictions incident to a state of blockade, destined to some port or place in Europe, belonging to his majesty, and which shall be on her voyage direct thereto; but these exceptions are not to be understood as exempting from capture or confiscation any vessel or goods, which shall be liable thereto, in respect of having entered or departed from any port or place actually blockaded by his majesty's squadrons or ships of war, or for being enemies' property, or for any other cause than the contravention of this present order.