is of the most serious and alarming character. It goes to nothing short of the destruction of neutral commerce, and from the well known neutral situation and character of the United States, to nothing short of inflicting a most deep and deadly wound upon their trade.

But your memorialists cannot but consider, that this principle has not the weight of a consistent and uniform support by the government which professes to uphold it. In 1801, the declarations of its ministry and the decisions of its courts were unequivocally, " that the produce of the colonies of the enemy may be imported by a neutral into his own country, and be re-exported from thence, even to the mother country of such colony ;" and also, "that landing the goods, and paying the duties in the neutral country, breaks the continuity of the voyage, and is such an importation as legalizes the trade, although the goods be reshiped in the same vessel, and on account of the same neutral proprie tors, and forwarded for sale, to the mother country." In 1805, it is decided, that landing and paying duties, does not break the continuity of the voyage, and that the course of trade pointed out to the neutral, four years before, as legal and safe, is now unsatisfactory to the belligerent, and attended, infallibly, with confiscation. What clear and immutable principle of the laws of nations can that be, your memorialists would ask, which is supported by the high court of admiralty, and avowed by the ministry in 1801, and which is prostrated by the ministry and the high court of appeals, in 1805? Such a principle must be considered as partaking rather of the shifting character of convenience, than of that of permanent right and established law.

The time and manner of aunouncing it, accord with the principle itself. At a moment when mercantile enterprise, confiding in the explanations on this point given by the British ministry to our ambassador, was strained to the utmost, a new decision of the court of appeals is announced, and every sail is stretched to collect the unwary Americans, who are unsuspectingly confiding in what was the law of

nations.

After this view of the principle itself, your memorialists would state, that it has received a vigorous and active enforcement. Under this pretence, many American vessels, with cargoes unquestionably American, have been carried into the ports of Great Britain, charged with a departure from neutral character in this important particular. Some have, indeed, been liberated, after long delay, and with great expense; but many are still detained, without a clear understanding of the precise grounds of detention.

On this interesting point, your memorialists refer themselves with confidence, to the wisdom and the honour of their government. In the principles they have here submitted to your consideration, they feel all the confidence of justice, and all the tenacity of truth. To surrender them, they conceive, would derogate from the national character and independence of the United States. From the justice of government they hope for there avowal ; from the spirit of government, they hope for their defence, and from the blessing of heaven, they hope for their establishment.

The attention of government is also solicited by your memorialists, to other embarrassments of their commerce, and to inconveniences deeply affecting the trading interest of the United States, in a different quarter. With a forbearance seldom exercised under like circumstances, the merchants of this country have expected retribution for the injuries imposed upon them by another nation. Instead of receiving this retribution, fresh injuries have been inflicted ; and even during the existence of the present war, adjudications, which outrage every principle of justice, have passed in the courts of Spain, on American property. From the government of that country, between whom and the United States there exists a treaty of friendship and commerce, we had the right to expect, within her ports and jurisdiction, perfect safety and protection. Instead of receiving them, it is too notorious that we have experienced, from the officers of that government, when applied to, the most mortifying inattention; and that in entire derogation of our treaty, we have been the pointed objects of their neglect.

and injustice. The severity of this case is increased by the consideration that at the time of its occurrence, the very country at whose hands this injustice has been experienced, stood indebted to us for supplies essential to subsistence, and for giving currency and value to its products. Under this head, it deserves also to be mentioned, as a point not beneath the notice of government, that in our own ports, and under your own eyes, publick officers of that nation have had the confidence to extort from our merchants, fees and emoluments unprecedented and unreasonable.

In detailing the general distresses of our commerce, your memorialists must also remark, that the license of pirates and plunderers in the West Indies, has become almost unbounded; and that the defenceless and unprotected state of our shipping, exposes it to the most outrageous ravages of the daring and unprincipled. That our seamen should be exposed to the meanest insults, and most wanton cruelties, and the fruits of our industry and enterprise fall a prey to the profligate, cannot but excite both feeling and indignation, and call loudly for the aid and protection of government. That a belligerent power should depart from the common and accustomed course of examining the ships of the neutral, on the high seas, as chance or vigi. lance should give the opportunity of search, and should station its vessels of war at the entrance of our ports and harbours, to scrutinize every thing that enters or departs, must also be regarded as attaching reproach to the fairness of our neutral conduct, and is by no means compatible with our dignity or our rights.

Since your memorialists have directed their attention to government on the subjects herein submitted, they have seen with astonishment a proclamation, issued by General Ferrand, an officer of the French government commanding at the city of St. Domingo, in the island of Hispaniola, which they regard as declaratory of the most outrageous and hostile intentions. As an act of an authorized agent (an officer of government) it is considered as without a parallel. Taken in its obvious extent, it gives authority to

vessels in French commission to carry in all Americans they meet with, because the terms of the proclamation are so indefinite, as to leave every thing to the discretion of the cruiser. Experience has too fatally proved, that property once taken into their ports, is irretrievably lost.

If this proclamation have issued under the authority of the French nation, it can only be considered as a declaration of war. If it be ultimately disavowed by the govern ment of this agent, it must be at a distant point of time, when mischiefs great and ruinous may have been done under its authority. It is to prevent these mischiefs that your memorialists solicit the attention of government, and respectfully suggest, that this extraordinary measure might be speedily counteracted by our national force.

Under the pressure of this state of things, your memorialists have thought proper, freely to make known to their government the injuries sustained and apprehended by the commercial interest of the country. They feel themselves bound to address to you their firm persuasion, that the amount of losses sustained by the merchants of the United States, from unlawful depredations, would, of itself, be sufficient to defray the expense of an armament adequate to the protection of their commerce. As citizens, they claim protection; and they conceive that the claim is enforced by the consideration, that from their industry and enterprise is collected a revenue which no nation has been able to equal, without a correspondent expense for the protection of the means.

After this fair and candid statement of the distress and exposure of the commerce of the United States, your memorialists cannot but feel and express extreme solicitude for the possible event. In perfect confidence that their foreign commerce was sheltered not only by the law of nations, but by existing treaties, with some of the belligerents, and by the explanations given to the publick law by another, they have extended it to every sea, with no other security than a reliance upon those treaties and explanations. It is, of course, defenceless, and liable to arrestation by the most inconsiderable force. It may then be na

turally supposed, that your memorialists look, with anxiety, to the remedies which may be applied to these pressing evils. To preserve peace with all nations, is admitted, without reserve, to be both the interest and the policy of the United States. They, therefore, presume to suggest, that every measure, not inconsistent with the honour of the nation, by which the great objects of redress and security may be attained, should first be used. If such measures prove ineffectual, whatever may be the sacrifice, on their part, it will be met with submission. But whatever measures may be pursued by their government, your memorialists express their firmest faith that every caution will be used to preserve private property and mercantile credit from violation.

With these observations, submitted with deference and respect to the President and representative body, it remains only to add the hope of your memorialists, that on subjects of such deep and extensive concern, such measures will be adopted as consist with the honour and interest of the United States.

THOMAS FITZSIMONS, Chairman.

R. E. HOBART, Secretary.

Committee-John Craig, James Yard, Jacob Gerard Koch, Joseph Sims, Thomas W. Francis, Thomas English, Robert Ralston, Joseph S. Lewis, William Montgomery, Abraham Kintzing, Philip Nicklin, Thomas Allibone, George Latimer, Chandler Price, L. Clapier, Daniel W. Coxe, Robert Waln, Manuel Eyre.

MESSAGE

FROM THE PRESIDENT OF THE UNITED STATES, TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES, JAN. 17, 1806.

In my message to both houses of Congress, at the opening of their present session, I submitted to their attention,