Star. — London, England, 1810-01-08 00:00:00

r I, b lion between the two countries. Without ativeting to t h e a mbiguity of the term, " oentually," with t h e mark of emphasis attached to it, and to other run the in the phraseology, it is clear that the au thority referred to, whatever it may be, is derived from instructions subject to his own discretion, and n ot from a pat ent commission, such as might be pro perly c alled for. It is true also, that in his letter of ale 4th of November, subsequent to his proposal, he ia ys he was possessed of a full power in due form for the express purpose of concluding a Treaty or Con- E ynon- But it still remains uncertain, whether by the ' r eaty or Convention to which it related was not a eant an eventual or provisional Treaty on the gene al relations between the two countries, without any e f e rence to the case of the Chesapeake. Certain it ; that the British Government, in formei like cases, s will be seen by the adjustment of that part of the ,ffair at Nootka Sound, which is analogous to this . as e, did not consider any such distinct full power is necessary ; nor is there the slightest ground for ar posing that Mr. Erskine, although confessedly Im uected to adjust this very case of the Chesapeake, wa s furnished with any authority distinct from his cre dential letter. That Mr. Jackson has any such co mmission is the less to be supposed, as it is but possible, that possessing it, lie should not, on occasion, or in some form, have used a language tible of no possible doubt on this point. But proceeding to the proposal itself, it is to be at in mind,. that the conditions forming its basis .e the very conditions for the deviating from which . ir. skine's adjustment was disavowed. Mr. Jack in, if not on others, is on this point explicit. " I now dd, (says he) that the deviation consisted in not re. • rding in the official document signed here, the abro tion of the President's proclamation of the 2d July, rw7, as well as the two reserves specified in the paper fmtmozanda enclosed in ray official letter to you ; 1.,! 27th ult. Considering then the conditions in the proposal as ultimatum ; in what light are we compelled to ;env such an attempt to repair the outrage committed a the frigate Chesapeake, and to heal the disappoint , at produced by a disavowal of a previous equitable .:paration ? 11 is impossible on such an occasion not to recal :.ccircumstances which constituted the character of 'a! outrage to which such an ultimation is now ap- A- A national ship, proceeding on an important ice,waswatched by a superior naval force enjoying :the time the hospitality of our ports, was followed, ,d scarcely out of our. waters when she was, after ilsulting summons, bttacked in an hostile man ;'and the ship so injured as to require expensive pairs, the expedition frustrated, a number of the ew killed and wounded, several carried into capti ity, and one of them put to death under a military .ntence. The three seamen, though American citi ,ens, and therefore on every supposition detained as xeongfully as the ship would have been detained, :are, notwithstanding, remained in captivity between wo and . three years ; and, it may ta added, after t has long ceased to be denied that they are Ameri 'an.citizens. • Under these.circumstances, w are called upon to up et Rd DS• it;, ide it be t $ knsom — the - captives: Ist. By ocknoWledging. that a precautionary:pro clamation., justified by events preceding the outrage,' by the outrage itself, and by what immediately fol..- lowed it, was unjustifiable, and that a repeal of it was properly a condition precedent to a reparation for the outrage. And this requisition •is repeated, too, after such an acknowledgement had been uni formly asserted by this Government to be utterly in dmissible, and, what is. particularly remarkable, at - time when the proclamation, as is well understood, as no longer in force. The occasion obviously in ited a silent asssumption of the existing fact, and his would have excluded the difficulty heretofore ound to be insuperable. 2d. By throwing into complete oblivion the conduct if the Officer answerable for the murderous transac ion, with a knowledge too on our part, that instead if being punished, or even brought to trial, he has .n honoured by his Government with a new and ore important command. 3d. By admitting a right on the part of Great Bri tain to claim a discharge from our service of deserters generally, and particularly of her natural born sub jects, without excepting such as had been naturalized in due form under the laws of the United States. It has not been •explained, whether it was meant, Is the universality of the term ‘, deserter" would im port, to include American citizens who might have left the British service. But what possible considera- , ton could have induced the British Government to tipect that the United States could admit a principle that would deprive our naturalized citizens of the leitid privileges, which they hold in common with their native fellow-citizens. The British Government "tight net to have made such a proposition ; because toot only,like others, naturalizes aliens ; but, in re lation to the linked States, has even . refused to dis charge from the British service native citizens of the United States, involuntarily detained. If an Ameri ca Seaman has resided in Great Britain, or has mar ried therein, or has accepted a bounty in her naval mice, his discharge therefrom, on the regular appli take to the British Government, has been invariably refused by its Board of Admiralty. This I state on the aulhority of the official reports made to this de- I 7Artmelit. It is, therefore, truly astonishing, that, eith a knowledge of these facts, such a pretension should have been advanced at all ; but, above all, that it should have been made a sine qua non to an act of plain justice, already so long delayed. This is the mere to be regretted, as the omen does not favour the belief we would willingly cherish, that no predetermi nation exists in the councils of his Britannic Majesty 3 reconcileable to an amicable arrangement of an 214ir, which, affectisig so deeply the honour of the United States, limit precede a general regulation of the mutual interests of the two Countries. After the correspondence with Mr. Jackscn was terminated, two notes, of which copies are herewith .sent to you, were presented to me in the name and by the hand of Mr. Oakeley, the British Secretary of . Legatier.. The first requested a decument, having the effect r'F a special passport or safeguard to Mr. Jackson and •ii, family during their stay in the United States. As :lielaws of thts country allow an unobstructed pas `'fie through every part of it, and, with the law of aims, equally in force, protect public ministers and their famiTtes in all theirprivatigue, each la appSeadaai was regarded as somewhat singular. There hesitation, However. in furnishing a certificate of his public character, and to be used in any mode he might choose. But w hat; surprised Most was the team assigned for the application. The insult he alluded to was then, for the first time, brought to the know ledge of this Government. It had, indeed, been among the rumours of the day, that sOme übbecom ing scene had taken place at Norfolk, or Hampton, between some officers belonging to the Africaine and some of the inhabitants, and that it originated in the indiscretion of the former. No attention having been called for, and no inquiries made, the truth of the case is unknown. But it was never supposed that Mr. Jackson himself, who was on board the frigate, had been personally insulted ; nor is it yet perceived in what way he considers it as having happened. It is needless to remark that any representation on the subject would have instantly received every proper f attention. Another ground on which a protection was as_ for, is the supposed tendency of the language of our newspapers to excite popular violence on Mr. Jackson's person. Had he been longer and better acquainted with the habits and spirit of the American people * , he would probably never have entertained an ap prehension of that sort. If be meant to animadvert on the free language of the newspapers, he might justly be reminded that our laws, as those of his coun- , try, set bounds to that freedom ; that the freedom of British prints, however great with respect to public characters of the United Mates, has never been a of complaint ; and that supposing the latitude of American Press to exceed that of Great Britain, the difference is infinitely less in this respect between the two, than between the British press and that of the other nations of Europe. The second note seems to be essentially intended as a justification of the conduct of Mr. Jackson in that part of his correspondence which has given umbrage. If he intended it as a conciliatory advance, he ought not to have preceded it by a demand of passports, nor by the spirit or the manner in which that demand was made. He ought, in fact, if such was his object, to have substituted an explanation in the place of his re ply to my premonitory letter. But whether he had one or other, or both of these objects in view, it was necessary for him to have done more than is attempt. ed in this paper. It was never objected to him, that he had stated it as a fact, that the three propositions in question had been submitted to me by Mr. Erskine, nor that he stated it as made known to him by the instructions of Mr. Canning, that the instruction to Mr. Erskine, con taining those three conditions, was the only one from which his authority was derived to conclude an ar rangement in the matter to which it related. The objection was, that a knowledge et this restriction of the authority of Mr. Erskine was imputed to this Go vernment, and the repetition of the imputation even after it had been so frequently disclaimed. This was so gross an attack on the honour and veracity of the Government, as to forbid all further communications from him. Care was nevertheless taken, at the same time, to leave the door open for such as might be' made through any ether channel, however little the probability that any satisfactory communications would be received through any channel here. To the other inclosures I add a printed copy of a paper purporting to be a circular letter from Mr. Jackson to the British Consuls in the United States. This paper speaks for itself. As its contents entirely correspond with the paper last referred to, so they were necessary for the ostensible object of the letter, which was to make known Mr. Jackson's change of residence, and as the paper was at once put into cir culation, it can only be regarded as a virtual address to the American people of a representation previously addressed to their Government ; a procedure which cannot fail to be seen in its true light by his sovereign. The observations to which so much extent has been given in this letter, with those contained in the corres pondence with Mr. Jackson, will make you fully ac quainsed with the conduct and the character he has developed, with the necessity of the step taken in re fusing further communications from him, and with the grounds on which the President instructs you to request that he may be immediately recalled. You are particularly instructed, at the same time, in mak ing these communications, to do it in a manner that will leave no doubt of the undiminished desire of the United States to unite in all the means the best cal. culated to establish the relationi of the two countries on the solid foundation of justice, of friendship, and of mutual interest. With great respect, Sm. Wm. Plukney, Esq. Sm. Ste. &c. R. SMITH. MR. CANNING TO MR. PINKEST. • Foreign Office, May 17, 1509. Sir—According to the intimation which I gave to you in our last conference, I have now the honour to inclose to you a copy of the Order in Council, which his Majesty has directed to be issued, for the purpose of preventing, as far as possible, any inconvenience or detriment to the Merchants of the United States, who may have entered into commercial speculations on the faith of the unauthorized engagements of Mr., Erskine, previously to the notification in America of his Majesty's disavowal of those engagements. Having had the honour to read to you in exteruo, the instructions with which Mr. Erskine was furnish ed, it is not necessary for me-to enter into any explana tion of those points in which Mr. Erskine has acted, not only not in conformity, but in direct contradiction to them. I forbear equally from troublingyou, Sir, with any comment, on the manner in which Mr. Erskine's communications have been received by the American Government, or upon the terms and spirit of Mr. Smith's share of the consideration. Such observations will be communicated more pro perly through the Minister, whom his Majesty has directed to proceed to America, not on any special mission, (which Mr. Erskine was not authorised to promise, except upon conditions, not one of which he has obtained), but as the successor of Mr. Erskine, whom his Majesty has not lost a moment in recalli n g . —I have the honour to be, with great consideration, Sir, your most obedient, humble servant, (Signed) GEORGE CANNING. MR. PINKEST'S ANSWER. Great Cumberland-place, May 29, 1509. Sir—l have received the communication which you did me the honour to address to me on the 27th instant, and will hasten to transmit 1t to the Secretary of State of the United States. I No ;now:dm or informadde from my 13overft. I mem cooorraing the transactions in America, to whish your communication alludes, having yet reached me, I can only express my concern, that the conciliatory arrangements concerted and concluded, as you have dont me the honour to- inform me, be. tween the American Secretary of State and his Ma jesty's accredited Minister at Washington acting in consequence, and professing to act in pursuancp, of regular instructions from his Court, are not likely to have all that effect which was naturally to have been expected from them. I have the honour to be, with great consideration, Sir, your nest obedient, humble servant, (Signed) w. PINkNIY. Right Hop. Gefarge Naning, to. &c. &e. SPAYISH PAPERS. It hid loft, ~ , seeded to rcocc py I eel. , L l l THE EV ENI list (pi - LONDON. 1x... • , • • MONDAY, JANUARY 8. PRICE OF STOCKS THIS DAY Al' ONE O'CLOCK, ' 4 per Cent. Coos. for asesey, 64 69 eL div.—ace, 64. Red.6*—Ontnium 2 3 preets.—Eseliquet Bills Bs. to tl s. pre. We have great pleasure in announcing the arrival of the Pam= CHARLOTTE frigate, Captain TOBIN, at Spithead, with the MoNARCII, Emu. SPENCER, and Loan Kurth East Indiamen, under convoy, By the PRINCESS CHARLOTTE, accounts have been brought .' 17 _ to Government, containing the important intelligence that the Isle of Bourbon had been attack ed by a force under Admiral ROWLEY, the fort of that name, and moat of the other strong places taken. One large French frigate, the Caroline, of 44 guns, • is taken, with several vessels deeply laden, and two of our Indiamen, the Europe and Streatham, lately cap• tured by the enemy. We are happy in being enabled to add, that this - important service has been effected without the loss of a single orcer, and, that but few privates were either killed or wounded.—We may soon ezpect to hear of the fall of the Mauritius. The frigate has arrived at the Cape of Good Hope y_ the Europe was sent for Bombay, and the Streatham has arrived at the Cape. SEVILLE, DEC. 4. The Duke del Parque, Commander in Chief of the army of the left, reported to his Majesty from the head-quarters in Ajas, udder date of the 24th No vember, that on the preceding day, the enemy, 8000 foot and 2000 horse strong, attacked his positions of 1 Carpio and the neighbouring heights, and that he not only repulsed but pursued him half a league beyond the Medina del Campo, where the French rallied, night coming on ) after they had sustained very con si ble loss. ANOTHER LETTEk—SAME DATE. In consequence of the intelligence received by the ,Duke del Fugue, Cornfnander in Chief of the army of the left, of what happened to the army of La Man cha at Ocana, ha made the necessary disposition for his retreat from Carpio, which he began on the night of the 26th of last month, and continued the whole of the 27th with the utmost order, as iar as Vitoria and Cordovilla, where he hilted, in order to allow his troops some repose. On the same day, the 27th, - at ten o'clock at night, he pursued his retreat with the same order as on the preceding day ; and arrived on the 28th, at seven o'clock in the morning, at Alba de Tormes, without his march having in the least been obstructed by the enemy, although the French closely pursued him. He drew up his troops on the heights, which command that town on the right of the Tormes, and ordered part of them to take post on the other eminences, which also command the above town on the left bank of that river, in order to cover his rear-guard, the bridges, and shallows, where the depth of water was very trifling. In this situation the enemy attacked him in his first position ; but was gal lantly repulsed by our infantry and artillery. A body of French thereupon appeared on his right flank ; and our cavalry, which according to the General's orders was to charge the enemy ' s horse, meanly retreated before it came within pistol shot; and although part of them were made to rally and return to their gain, abandoned the Since Saturday there has been an additional influx post, yet they took to flight a camp, and uncovered the right flank of the army. of vessels from Holland, by which we have received letters and papers from that country. The former The enemy, taking . advantage of this inBdent, report that it is not now intended to annex the whole charged our first division of foot , which occupi ed that int ; and, although it made the most ant of Holland to France, but only the country on the left resist po ance, yet it was at length compelled to yield gall to bank of the Maese, and that, as a compensation Hole l the superior force of the French horse , who bro k e its land will receive an extension of territory northward as far as to the left bank of the Elbe.---By this ar line, notwithstanding the exemplary valour it dis r played. The vanguard, posted on the left , sustainedangement France will, when it shall be convenient, engross a considerable portion of that trade which several charges of the same cavalry, but repulsed it has hitherto blenCirraid three times, supported by the second division. At on by the Dutch ; and in the mean time can receive those commercial supplier length it formed an oblong square, in which were which Europe finds to be in bye, without ap. ; Don Gabriel de Mendizabei , second in command of pearing to relax in her restrictions against the Trade the said army, and Don Martin de Carrera, Com- manding General of the vanguard, and in this it of this Country. 4 withstood the enemy's attacks with the greatest va - The Dutch and French force destined to re-occupy the island of Walcheren after the evacuation consisted lour. A trumpeter was sent by the French to ca ll ' upon them to lay down their arms; they listened not of 10,000 men. Report states that as two or tittle to this proposal, and continued their defence. In this thousand of them were passing over to Walcheren;al a state of things, night came-on, and the van and second sudden and violent squall came on, in which seve em division, availing themselves of it, were able to re- of the frail craft to which they had committed th selves foundered, and some hundreds perished. A 'lent by the heights on the left banks of the Tor mes. •The Duke del Parque ordered thereupon the whole calamity ef this nature to such at extent has never army to retreat in the direction of Tamame r, and been heard of in so short a passage. It is almost in this retrograde movement was accordingly effected credible. with all the order that could be desired , until the fo l- Since our lastihave also arrived the Nocton Packet, lowing morning, when the army had arrived within from Cadiz, in 19 days ; and the Walsingham Packet, a little more than two leagues distance from that town. from Lisbon, in 13 days, with Mails. We have only A rumour flew through the ranks of the rear of the room to remark that the intelligence they bring is not army, that the enemy was advancing in force to charge of a more consolatory nature than the accounts we our infantry ; this rumour, and a small party of dra- have for some time been receiving from the peninsula. goons which made its appearance, occasioned some The Spanish papers contain a letter from Lord disorder, and a considerable dispersion ; and part of WELLINGTON, dated Badajos, the 9th of December, the same soldiers who fought like heroes on the heights to the Provisional Government of Estremadura, an of Alba, threw away their firelocks, knapsacks, and flouncing his intention of withdrawing the British whatever else they carried, to be able to effect their army to the North of the Tagus. Indeed, a private escape. The army then took a position in the moue- letter from Lisbon announces the transfer of his I tains of Franza, where the dispersed troops rejoined Lordship's head - quarters t o Leiria in Portugal, and their corps. In the action of Alba, the van, the first adds, that Coimbra and Oporto are to be occupied by division, and part of the second, behaved with distin - a strong British force. guishedgallantry, and actions were performed by se- The letter from Mr. SMITH to Mr. PINKNEY the veral officers, which prove uncommon intrepidity and American Minister in London, giVen in our columns spirit. The enemy's loss is stated , b y the Comman- this day, closes the Correspondence laid before Con der in Chief, to be considerable ; but that of our army gross relative to the disputes between the two Coun was also great, for want of horses. trie s. The correspondencebetween Mr. ERSKINE In consequence of the unfo r tunate action of Ocana, and Mr. CANNING is all that is now wanted to enable the Supreme Junta came to the resolution that their the public to form a correct opinion on this business. Excellencies the Marquis de la Romana, and Don Mr. PINKNEY is stated to have presented a note to 'Rodrigo Riquelme should proceed to the head-guar- the Marquis WELLESLEY, demanding the immediate ters in Carolina, with the most ample powers, to recall of Mr. JACKSON ; delivering at the same time s ' make, jointly with his Excellency Don Jo as Dios a co py of a letter from Secretary SMITH to himself, in • Gutiemez Reif, who is already as Commissioner with , which, after a copious analysis of all the Correspond the army of La Mancha, for all such arrangements 1 ence between the American Secretary and Mr. JACK as they shall judge most exped ie n t to re p air the I SON, it is observed, that the objection to the latter was, loss sustained, and prevent s i mi lar unfortunate events 1 that a knowledge of the restriction of the authority of I for the future. The Marquis de la Romana havi n g Mr. ERSKINE (as alluded to in the Correspondence) declined this charge, the Supreme Junta has appointed ~ was imputed to this Government, and the repetition ia his stead, his Excellency the Marquis of Campo of the imputation, even after it had been so often Sagrado, and ordered at the same time all the Gene- disclaimed. This was so gross an attack on the ho rals who are in this residence town, and in whom the nour and veracity of the Government, as to forbid all I said Commissioners place confidence, to attend them, further communications front him." arrivalsCOßN EXCHANG E, ofw 11eat t 1 LreAN inconsiderable , it , JAN. and execute their orders in whatever branch of the B.—The but the service the Commissioners may deem it expedient toi MA S da n y K ; I employ them. large foreign arrivals cause dullness in sales, at some- The bridges of Almaraz and Arcebispo continue to , what less price, and fine Dantzic exceeds the cur- I be occupied by Spanish troops. rency. Barley is cheaper, excepting fine. Malt and CORDOBA, NOV. so. White Peas are lower. In Beans of the two kinds The Supreme Junta of Government having been little variation. Oats are in tolerable supply, and informed of the disgraceful dispersion of our army this trade maintains last currency.—Flour hardly sup- lof La Mancha, dispatched various expresses with di- Ports late prices. rections that the mountain sharp-shooters should take 1 GIINSIAL CUIVILLNCT •S lINDESS the road to La Plata Almadon , and other important I . What, 7916 9/3 "' 100'. Reins, (old) 58s. 64t. Fine &tto, 102 a. 1061. Tick ditto, (old) -475. Us. points, sending off at the same time a n u m ber of Rye, 445. us. thus, 251. 275. 30s. mountain chasseurs completely equipped , and m ade B atte y , 40L 475. Od. Poiaadditto, Ms. 254.04. . every exertion to cover and protect this province.— Mk. 745. eft. Potato' ditto, Ma. oe. Later accounts, which we have received , are not of Vililla Peas (Bailer') 70$. 80s. Rape Seed , 4011, Md. Grey ditto, 445. 50.. so gloomy a complexion as the first were'. .It is cep • Fine Flour, 90.. 955. Seconds $5.. 90..' , The above intelligence was received by the Lord Keith from a brig that left the Isle of Bourbon on the 12th of October.—Fort Bourbon was taken on the 21st of September.—The island was expected to be com pletely in our possession in a few days. The PRINCEiS CHARLOTTE frigate, with the extra ships MONARCH, LORD KEITH, and EARL SPENCER, sailed from Prince of Wales's Island the 20th August, and from St. Helena the 20th November last. The ships PRINCESS AMELIA, COUTTS, MARQUIS Or, ELY, GLATTON, THAMES, ALBION, and ROYAL CHAR LOTTE, sailed from Prince of Wales Island for China, . the 17th August last, under convoy of his Majesty's ship ST. ALBAN'S. The PERSEVERANCE and NOTTINGHAM arrived at Prince of Wales Island the 18th August, on their voyage to China. ~~ Ak, ~ .. i :~~ {, .