[Documents---Continued from No. 5.] Mr. Foster to Mr. Monroe. Sir, Washington, Oct. 24, 1811. I have had the honor to receive your letter dated on the 16th inftant, in answer to mine of the 3d, in which I expreffed a defire to have stated, in a more formal manner, your denial to me of orders having been given to commodore Rodgers, which could, under any conftruction, authorize that commander to attack any of his majesty's fhips of war in fearch of any perfon claimed as an American feamen,and in which I alfo demanded that an examination be inftituted into that officer's conduct, with a view to fuitable reparation being afforded to his majefty, for what appears a wanton and unprovoked attack made by the frigate ander his command upon his majefty's floop of war the Little Belt. The denial I asked for you have given me, and I beg to affure you, fir, that though I troubled you with the demand, becaufe the extenfivenefs of the rumor, which had atributed fuch orders to the American government, had made it my duty fo to do, yet I never entertained an idea for one moment, that the U. States could have iffued fuch orders, becaufe they must have been confidered as manifeftations of direct intentions of hoftility, which would have been incompatible with the relations of amity fubfifting between America and Great Britain. On fuch a point, fir, a fimple denial was all I afked and what I expected to receive. It was therefore with pain that I found you had connected it with allufions to other topics, calculated to produce irritation, on which whatever complaints you may have to make to me, I fhall be ever ready to receive and forward them for redress to the commander in chief of his majefty's naval forces at Halifax, or to his majefty's government; but the mentioning of which, in your note in anfwer to mine on a diftinct fubject of the most ferious importance, you will pardon me if I muft confider as matter of regret, especially as you wifhed me to receive the communication you made me, as given in an amicable spirit. Moreover, from the tenor of the part of your letter in which you have connected the question of the impreffment with that of an attack on a Britifh fhip of war,an inference is forced upon me, which you furely never could have meant me to draw, but which, nevertheless, the paffage conveys, namely--that although the government of the United States had not given orders for the recovery by force of any American citizen claimed from a British national fhip, they ftill maintain they might have been juftified in fo doing. The right of fearching a fhip of war has been fo pofitively difavowed on the part of his majefty's government, and fo difclaimed by that of America, that I could not have expected any doubts would ever again have been thrown on the matter, and yet the language of your letter, until it is explained, will certainly authorize fuch doubts as far as relates to the American gov ernment. I have no answer at all from you, fir, to my demand for an inquiry being inftituted into the conduct of captain Rodgers. This omiffion has occafioned to me the more furprize, because in addition to there appearing no caufe why the government of America fhould decline to liften to fo juft a demand on my part, there feemed to be every reason why they should, even for their own fatisfaction, have defired to clear up the circumstances of his moft extraordinary proceeding I will frankly own to you, that I did think, on reaching this city, to have found that officer's conduct already, by the fpontaneous act of the government of the United States, undergoing an examination, instead of hearing that he had been fent immediately to fea again, which feemed to denote an approbation of his behavior; and I thought I could the more rely on this being the courfe the prefident would have purfued, from a confideration of that which his majefty's government had taken in the cafe of the Chesapeake, when every reparation practicable, at the inftant the intelligence reached London of that unfortunate event, was made known to you, fir, promptly and unafked for. I feel the more regret, fir, at the courfe taken by your government in this affair. because I have been neceffarily obliged, in confequence, to fufpend carrying into execution that part of my inftructions by which I was directed, immediately on my arrival here, to offer fuch further reparation for the attack on the Chesapeake frigate, as would, I am convinced, have proved fatisfactory. I had the honor to ftate to you in our first interview, that I had fuch instructions, although I omitted to mention it in my note, because, as you may remember I expreffed to you at the time, it seemed to me the American government might feel more free to act, as the juftice of the cafe required, if the two fubjects were kept unconnected; and in this opinion I thought you appeared to concur. I have the honor to be, With the higheft confideration and refpect, Sir, (Signed) Your moft obedient humble fervant, Sir, Mr. Foster to Mr. Monroe. Philadelphia, Sept. 4, 1811. I have now, by an exprefs meffenger from England, received the commands of his royal highness the prince regent, acting in the name and on the behalf of his majefty, relative to the late violent aggreffion committed by the United States frigate the Prefident, on his majefty's fhip Little Belt; and I have the honor of communicating to you the inclofed documents, which have been tranfmitted to me by my government, to be laid before that of the United States, comprehending a copy of a letter from lord James Townfend, commanding officer at Halifax, dated May 30, 1811, [1]; inclofing a statement of the action by the officers of the Little Belt, [2]; the report of the commiffioner of his majesty's navy-board at Halifax, in refpect to the damage done the Little Belt, [3]; a copy of rear-admiral Sawyer's letter, [4]; inclofing his inftructions to capt. Bingham, [5]; as well as a lift of killed and wounded on board the sloop of war, [6]; and, finally, a copy of the correfpondence on the fubject, which took place between the marquis Wellesley and Mr. Smith, American charge d'affaires in London, [7--8]: of that of capt. Bingham's official letter you are already in poffeffion. In communicating to you, fir, the documents, I am particularly directed to call your attention to the inftructions of admiral Sawyer, which furmfh the strongest evidence of the pacific and friendly intentions of his majefty's government towards this country. The very pointed manner in which the commander in chief on the Halifax ftation had enjoined captain Bingham to avoid giving offence to the government or fubjects of the United States, is of itself prefumptive proof of the truth of that officer's statement, even if there were not fuch ftrong evidence as appears from the depofition of the different officers on board his majefty's fhip as to the action having been commenced by captain Rodgers. His majefty's government were entitled to expect, as I have had already the honor to obferve to you, fir, in my former letter, that the American government would have manifefted a prompt difpofition to obviate, by an early difavowal and by just reparation, the neceffary tendency of fuch an event to difcurb the friendship fubfifting between the two ftates, and this expectation was the more natural from the example afforded by his majefty's government in the cafe of the Chefapeake. Such, however, not having been the cafe, I am commanded by his royal highnefs to lofe no time in communicating to you the papers enclosed, which explain in the fulleft manner the circumftances of the tranfaction, and the very great extent of the outrage committed, and by which fo many valuable lives were facrificed, and in demanding the immediate difavowal, on the part, of the United States, of the act of aggreffion committed against his majefty's fhip, as alfo in requiring a just reparation of the injury received. I have the honor to be, &c. (Signed) AUG. J. FOSTER. [Documents to be continued in No. 7.] CONGRESSIONAL REPORTER. No. 7.] TWELFTH CONGRESS.... FIRST SESSION. [1811-12. [Documents---Continued from No. 6.] No. 1. Lord J. Townshend to J. W. Croker, Efq. SIR, His Majesty's ship Eolus, Halifax Harbor, May 30, 1811. As it may be of material consequence that his majesty's government should have the earliest information of a circumstance that has taken place on this coast, I have forwarded, and request you will lay before my lords commissioners of the admiralty, the copy of a letter which captain Bingham of his majesty's sloop Little Belt has sent to rear-admiral Sawyer, recounting a severe action which took place on the evening of the 16th instant, between that ship and the United States' frigate President. After having considered the whole circumstance, and judging it advisable to procure the strongest documents in my power for their lordships information, (the commander in chief not having returned from Bermuda) I have caused depositions to be taken of all the commissioned officers of the Little Belt, respecting the unpleasant business, which I herewith enclose. (Signed) I am, sir, &c. &c. &c. No. 2. J. TOWNSHEND. Statement of the officers of his majesty's sloop the Little Belt. THE officers of his majesty's sloop Little Belt Statement of the action between that sloop and the United States' frigate President, on the evening of the 16th instant; taken before the right honorable lord James Townshend, captain of his majesty's ship Eolus, and senior officer at Halifax, Nova-Scotia, Charles John Austin, esquire, captain of his majesty's ship Cleopatra, and Alexander Gordon, esquire, commander of his majesty's sloop Rattler. Lieutenant Moberly, senior lieutenant, states, that on the 16th instant, while cruizing off the coast of America, cape Charles bearing west 54 miles, at 11 A. M. saw a strange sail: that she was a lugger, reported from the mast head, on the starboard beam; we then steering S. S. W. the wind aft or a little on the starboard quarter, on which took in our studding sails and hauled our wind for her on the starboard tack; shortly after, made her out to be a ship. At 230 P.M. having then made out the chace to be a frigate with a commodore's broad pendant flying, being then about six miles distance, and not having answered any of our signals, viz. 275, private signal, and our number, concluded her to be the American frigate United States; shewed our colours and steered our course south, set studding sails; at 5 o' clock observed the frigate make all sail, and to keep more away for us: at 7 found she was gaining on us fast; captain Bingham then thinking it best to speak her before dark, shortened sail, and hove too, colors up, we then making out her stars in her broad pendant, beat to quarters and got all clear for action, a second time having beat, before, at 2 P. M. double shotted and breached the guns; at 7 50 observed the frigate to have shortened sail to topsails, top-gallant sails and jib, and standing down as if with an intention of passing under our stern, wore twice to evade this: captain Bingham hailed, and was not answered; the frigate then hove too close to us on the larboard beam, captain Bingham hailed the ship a hoy, which was repeated word for word by the fri gate; captain Bingham asked what ship that was, which was also repeated as before, and on asking a second time was answered by a broadside; captain Bingham was then standing on the midship gun, jumped off and gave orders to fire, which was done in less than a minute after her first fire, we being quite ready, guns pointed, and continued firing about an hour, when the frigate ceased firing and hailed us to know what ship this was; captain Bingham answered his majesty's ship Little Belt several times before he understood us; he then asked if our colours were down, No, was captain Bingham's answer; captain Bingham then hailed to know what ship that was, and was answered the United States' frigate, the name we could not understand; in the mean time the frigate had filled and was standing from us; a short time after lost sight of her, hove too for the night, having no sail to set. At day light saw a sail to windward, made her out to be the same ship we engaged; at 6 she bore up for us under easy sail; at 8 she passed within hail, asked permission to send a boat on board, which was granted: boat came on board, staid ten minutes, then returned; understood the frigate to be the President, belonging to the United States, commodore Rodgers; observed the President to fill,and stand on the starboard tack under her topsails. Lieut. Thomas Levell states, that on May 16, 1811, at 11 A.M. saw a strange sail from mast head, which was reported to be a lugger, having her main top gallant sail handed, fore and mizen set; we were then going nearly before the wind, turned the hands up, took in studding sails, and made sail in chace on the starboard tack; at 1. 30. observed her to be a frigate, made the private signal, our number also, 275, neither of which she answered; observing her to have a blue broad pendant at her mast head, at 2 wore ship, and steered our course south, hoisted our colors, observed her to be in chase of us, supposed her to be an American frigate, cleared ship for action. At 5, beat to quarters a second time, double shotted the guns, and double breached those that were bad. At 7. 30. shortened sail and hove to, as she was coming up with us very fast, hoisted our colors, observed the stars in his broad pendant, wore ship three or four times |