upon an appeal that those decrees have been revoked at a time and in a manner that could justly be applied to the determination of these causes; revoked at a period which would reach the dates of this capture, and in a manner unincumbered with stipulations, which it was well known this country could never accept, and to which there was every reason to presume that the justice of America could never permit her to accede, upon the refusal of Great Britain. On such a state of evidence the claimants will carry up with them to the superior court, the principle that might entitle them to protection according to the view which this court has taken of the subject. But things, standing as they do before me; all the parties having acted in a manner that leads necessarily to the conclusion, that no bona fide revocation of the Berlin and Milan decrees has taken place; I must consider these cases as falling within the range of the British orders in council, and as such they are liable to condemnation.

Extract of a letter from Mr. J. S. Smith, to the Secretary of State. London, July 10, 1811.

" ENCLOSED is a list of the American vessels that have been condemned at the late sittings of the court of admiralty. Two only of them have not yet been decided upon; they will, however, share the fate of the others. Vessels and cargoes will be sold, and the money deposited in court to await for twelve months the appeal of the captured, from which very little is, I fear, to be expected."

Fish and oil, indigo and cotton,

Cargo $29,500 21,500

Devereux,

Do.

Do.

do.

2,000

Millwood,

Norfolk,

13,000

7,000

Morris,

Do.

Cotton and peltry,

10,000

25,000

Brown,

New York,

Cotton, ivory, &c.

8,000

Bordeaux,

Brandy, wine and silks,

Cotton, rice and tobacco,

Cloutman,

Marblehead,

Fish, (green)

2,000

New York,
Do.

Cotton, &c.

7,500

Mr. J. S. Smith to the Secretary of State. London, July 22, 1811.

SIR,-I have the honour to enclose a copy of Mr. Russell's letter to me of the 14th instant, which contains the agreeable intelligence of the release of three of the captured American vessels. I shall communicate its substance to this government without the formality of an official note, supposing that Mr. Foster is fully instructed on the subject of the orders in council, and that any thing I might under these circumstances offer would be attended with no advantage. I enclose also a letter from Mr. Russell of the 5th inst.

I have the honour to be, &c.

J. S. SMITH. The Honourable the Secretary of State.

The papers that came in this letter make part of the enclosures in Mr. Monroe's letter to Mr. Foster of the 17th October, and are printed with it, see page 90.

Extract of a Letter from John S. Smith, Esq. to the Secretary of State of the United States. London, August 15, 1811.

"I HAVE NOW the honour to transmit to you lord Wellesley's answer to my note covering Mr. Russell's letter of the 14th July, and also another note from his lordship on the same subject, which I received last evening."

The papers that came in this letter make part of the enclosures in Mr. Monroe's letter of the 17th October, to Mr. Foster, and are printed with it, see page 90.

CORRESPONDENCE OF JONATHAN RUSSELL, ESQUIRE.

Mr. Russell to Mr. Smith, Secretary of State. Paris, January 16, 1811.

SIR,-Your letter of the 8th of November, relative to the powers given by this government to its consuls in the

United States, under its decree concerning licenses, was received by me on the 11th instant, and the next day I communicated its contents to the duke of Cadore in a note, a copy of which you will find enclosed.

I remain, &c. &c.

JONATHAN RUSSELL.

The Hon. Robert Smith, &c. &c.

Mr. Russell to the Duke of Cadore. Paris, January 12, 1811.

SIR,-The publick journals and letters from general Armstrong have announced to the American government an imperial decree, by which permission is to be granted to a stated number of American vessels, to import into France from certain ports of the United States, the arti cles therein specified, and to export in return such productions of the French empire as are also enumerated in said decree. This trade, it would appear, is to be carried on under the authority of imperial licenses, and can only be perfected by the act of the French consul residing within the jurisdiction of the United States at the specified ports.

The United States have no pretension of right to object to the operation of commercial regulations, strictly municipal, authorized by the French government to take effect within the limits of its own dominions; but I am instructed to state to you the inadmissibility, on the part of the United States, of such a consular superintendence as that which is contemplated by this decree respecting a trade to be carried on under licenses.

France cannot claim for her consuls, either by treaty or custom, such a superintendence. They can be permitted to enjoy such legitimate functions only as are sanctioned by publick law, or by the usage of nations growing out of the courtesy of independent states.

Besides, the decree in question professes to invest certain consuls with a power, which cannot be regularly exercised in the United States without the tacit permission of the American government; a permission that cannot be presumed, not only because it is contrary to usage, but because consuls thus acting would be exercising functions

in the United States in virtue of French authority only, which the American government itself is not competent to authorize in any agents whatever.

If the construction given by the government of the United States to this decree be correct, the government of France should not for a moment mislead itself by a belief, that its commercial agents will be permitted to exercise the extraordinary power thus intended to be given to them.

I pray your excellency, &c. &c.

JONATHAN RUSSELL.

His Excellency the Duke of Cadore.

Mr. Russell to Mr. Smith, Secretary of State. Paris, Jan. 21, 1811.

SIR, On the 18th instant I received a note dated that day from the duke of Cadore, in answer to the represen tation which I had made to him on the 12th of this month, relative to the exceptionable powers intended to be exercised by French consuls in the United States, in perfecting the contemplated trade under licenses.

You will perceive with satisfaction, that not only these powers, but the system itself, under which they were to have been exercised, have been abandoned.

I have the honour, &c. &c.

JONATHAN RUSSELL.

Hon. Robert Smith, &c. &c.

TRANSLATION.

The Duke de Cadore to Mr. Russell. Paris, January 18, 1811.

SIR, I have read with much attention your note of the 12th January, relative to the licenses intended to favour the commerce of the Americans in France. This system had been conceived before the revocation of the decrees of Berlin and Milan had been resolved upon. Now circumstances are changed by the resolution taken by the United States, to cause their flag and their independence to be respected, that which has been done before this last