MESSAGE

FROM THE PRESIDENT OF THE UNITED STATES TO CONGRESS. APRIL 1, 1812.

CONSIDERING it as expedient, under existing circumstances and prospects, that a general embargo be laid on all vessels now in port or hereafter arriving, for the period of sixty days, I recommend the immediate passage of a law to that effect.

JAMES MADISON.

MESSAGE

FROM THE PRESIDENT OF THE UNITED STATES TO THE SENATE. APRIL 23, 1812.

I TRANSMIT to the Senate a report of the Secretary of State, complying with their resolution of the 4th of March

last.

REPORT.

JAMES MADISON.

THE Secretary of State to whom was referred the resolution of the Senate of the 4th of March last, has the honour to report, that the enclosed papers, marked A. B. and C. contain all the information in this department, "relative to captures made by the belligerents since the 1st day of May, 1811, of vessels of the United States, bound to or from the Baltick, or within that sea."

All which is respectfully submitted.

JAMES MONROE.

Department of State, April 23, 1812.

B.

Extraci from Mr. Erving's No. 6, to the Secretary of State. Copenhagen, July 28, 1811.

I HAVE the honour, herewith, to enclose copies of my note to Mr. de Rosenkrantz, dated 17th instant, upon the convoy question, No. 1, and his reply of the 27th, No. 2.

The reference of my above mentioned note to the royal chancery, as stated in the minister's reply, did not take place till the 24th or 25th; in the mean time two of the cases therein mentioned, viz.: The Annawan and -the Hesper were condemned by the high court: I think it probable that the remaining two cases, in which, as you will perceive by that note, the evidence of force used to compel the vessels to join convoy is more clear than in the other cases, will be acquitted. Since the date of my last, upwards of twenty of our vessels have passed up the Baltick; some few of these have been detained, examined and released. Eight vessels have come down bound for the United States; of these, five have been detained; one, the "Experiment," Vibbert, having despatches on board from Mr. Adams, was released instantly, on my application; three others were released after a few days' detention, and one only (having an English license, laden for Englis' account, and being bound to Ireland) is pending in the prize court.

It is said that a great number of our vessels have gone up under convoy. I find it is impossible to obtain in advance, any security for such of these as may return without convoy. The clause in the king's instructions, against which I have thought it my duty to protest, is understood to extend to all vessels which have used enemy's convoy during the voyage (out and home) in which they are actually engaged.

[ENCLOSED IN MR. ERVING'S NO. 6.]

To His Excellency Mr. de Rosenkrantz, first Minister of State and Chief of the Department for Foreign Affairs, &c. Copenhagen, July 17, 1811.

SIR, The undersigned, special minister of the United States of America, in acknowledging the receipt of the note dated 9th instant, of his excellency Mr. de Rosenkrantz, first minister of state, and chief of the department for foreign affairs, cannot but express the very great concern with which he has seen the determination of his majesty therein declared, of adhering to a rule of proceeding with regard to American vessels, found under British convoy, against which the undersigned has so formally protested and remonstrated, as a violation of principles derived from the law of nations to which only the United States can submit the arbitration of their neutral rights; that contrary to the practice of other governments with which that of America has from time to time found itself in collision upon similar questions, his Danish majesty confines himself to a declaration of his will unsupported by authorities or examples, and unqualified by any modifications of, or exceptions to, the offensive principle in question, adapted to the peculiar circumstances of the cases which may be affected by it; and finally, that by the operation of this rule, cases now depending in the high court, of ships and cargoes purely and wholly American, wherein neither the owners or masters have done, attempted to do, or contemplated any injury or offence to his majesty's belligerent rights, are to be condemned because they have had the previous misfortune of falling into the hands of his enemy neither the regular form in which these vessels have entered the Baltick, paying their Sound dues; neither the judicial investigations which have established their neutrality; neither orders found on board directing them not to take British convoy; neither the notoriety of the most clear proofs of their having been forced into convoy; these it seems are not to avail. But that his majesty may see in the most distinct manner the full effect of his own rule, and that the representations of the undersigned against it may go accompanied by clear exemplifications of the injustice which it operates, so that it shall

at all times appear that he has not remonstrated but on sufficient grounds, and that he has not magnified the cause of complaint, he will here briefly state the circumstances of the only four vessels which remain uncondemned of eighteen which were taken under the same convoy : These are,

The Annawan, Donaldson; Hesper, Cushing Hope, Rhea; Elizabeth, Campbell.

The two first named of these vessels (Annawan and Hesper) were captured by his majesty's cruisers on entering the Baltick. They underwent a trial in the prize court, when their neutrality was fully established, and they were released. These previous proceedings leave scarcely a possibility of supposing that they sought convoy on their return; but the assurance in this respect is completed and confirmed by the unanimous declarations of the masters and crews, proving most incontestably that they were forced to join the British convoy.

The Elizabeth, captain Campbell, was also captured on her outward voyage by his majesty's cruisers: her neutrality was established and she was acquitted by the prize court. The fact of her having been forced into convoy, conformably to the unanimous declaration of the master and crew, is found also recorded in her logbook, under date June 18th, 1810.

The instructions of the supercargo, Fisher, found on board, direct the captain in these words, viz:

"In your passage down the Baltick, you will call at Elsineur and pay the Sound dues, if in your power; and if prevented by any force, or other occurrence, you will make the necessary protests, and forward such documents to Mr. Yard as will prove your having proceeded in every respect in a clear and regular manner. In case, however, notwithstanding all the documents you possess, you should meet with any interruption whatever, I beg you will, if on any part of the continent, send me an estafette, and I will endeavour as much as lays in my power to assist you, either by coming to you or sending you such proofs as lay in my power. I have provided you with a letter of credit on the house of Messrs. Parish and Co. of Hamburgh, in case of need; and I shall also write to Messrs. Belfour, Ellah and Rainals, to send you assistance if you are in need of it, which I must confess I do not apprehend, from

the Elizabeth having regularly paid her Sound dues, and having been already acquitted through the courts in Norway."

The supercargo Fisher also wrote to the above mentioned Belfour, Ellah and Rainals, of Elsineur, directing them to pay the Sound dues on the Elizabeth and despatch her as quick as possible, which letter said Belfour and Co. received, as appears by their affidavits.

In the case of the "Hope," Rhea, superadded to all other proofs of her having been forced into convoy is an endorsement made on her ship's papers on the 15th June, by the British commander, Charles Dashwood, of which the following is an extract.

"Boarded by H. M. S. Pyramus, off the north end of Gothland, and ordered to proceed to join convoy in Hano bay, near Cadsham. He has no license whatever, yet as it appears to be neutral property, the return of his outward bound cargo, I have my doubts about detaining her. My object in ordering her to join convoy, though a neutral, is to prevent her from going to an enemy's port with naval stores, or to be captured."

The undersigned is sensible that he has now said all that the subject requires, yet he cannot leave any observation of his excellency Mr. de Rosenkrantz without reply; upon that therefore which seems to call for the acquiescence of the American government to the rule in question, because it has not been disputed by any European power, he must remark, that no European power whatever is, relatively to that rule, in the same situation as the United States; but on the contrary, that each of them is impossibilitated, by the nature of circumstances, from reclaiming against it.

G. W. E.

TRANSLATION.

Enclosed in Mr. Erving's No. 6.

THE undersigned, minister of state, chief of the department of foreign affairs, has the honour to inform Mr. Erving, minister of the United States of America, that in consequence of the particular representations which Mr. Erving addressed to him on the 17th inst. in favour of the