Virginia Argus — Richmond, Va., 1809-12-05 00:00:00, page 5

V ikGipua ! S h,a Ik A.
XVUTrt YEAR.] * A FREE PRESS MAINTAINS THF. SOVEREIGNTY OF THE PEOPLE. •. 7 j |
RICHMOND:— Printed (on Tuksovys mo Frid\ys) by S.V.U JEL. PLE -iS * TS, Junior, Printer to the Co*ealtij.
our Lhtiirs Psr innun —Pitdin AdvanceTUESDAY, DECEMBER 5, |b09. [12 1-2 Ccif* ^ .]
('Continued from third page of this
day's Argus, j
usual, the object cf r,ur con'crences ; and I
imagined that the papers to be f'gnrd by
us, respectively, wo*t:d be »he result o?
those sentiment? so communicated, and tint
bv being recipr- call)’ corrected and modi,
fied, and si ru’taneousljr fiel vered. they ;
would for.-n one compact by which the
two countries would he equally bound, j
This enurf of proceeding is confirm tblej
to the practice of the coprts of Europe on}
simil <r rcCMsi ns. You did not at the nrr^j
appear to object to it; you even requ<sted>
pn’ to come the next day, prepared wuh a
tlra.b or p-. ojrct of a pajter, fr med in pur; I
stance to thes** idea* ; «nd although y «j
desired to refer «r>e subject to th< Presi.
dent for h s t.opr »h.».i«*i>, l do not tin in,
your letter « tiiei an expression fins sen.}
tiiTifiiu upon it, -n* litsubstitution u* any
oih.i form that m ght be tit*'re agreeable j
to him, tin n ;he one which 1 have propo.
ted. j
1 touch with considerable and very si _ i
cere reluctance up n tint pat t of your le,.
ter, in wiiiC'. you stale ih.it I iia«! not as.
signed ‘-any re -sou whatever w iy t ie rea
sonable ttrm* of satisfaction tendered and
accepted have not been carried into e fleet ”
I bcl'evid that I had »• s-.1 veil to you, in
the w< rd>«« my instruct.on*, that "e ii •> ina
jes.j vet-, capable of h> i <g u mated by any
de-.rr to retract tilt offc* of reparation
v/li'ch he had once made, bis nnj- s \ might
L*c well wav-ranted m doing so both by tin
form in which Ins accrw.d.i d minister bad
tendered that reparation, and by the man.
r.er to which that tender hud b>.en lectiv.
td. 1 believe that 1 elucidated tlm noser,
vation by a reference to the particular ex.
prn«sioos which maflp the terms ot sat s.
faction appear u> be um«cc< ptable even t,»
uir guftuimi-ii.j
nit ot when they were accepted, and which
at .11 events put it totally ou. of his majcs„
ty’a power to ratify and confirm any act in
which such expressions were contamed
Uu the suujectofhis majesty’s orders in
com cil, 1 have had the tumor ot intorming
yrv h>t hi*. in j m\ having c usrd to he
made to the government of the U. States
certain proposals founded upon principles,
soi e ot winch mtk understood to originate |
ir. American authorities, and otl.eis to bo
m ^I'lested in by Ifctm ; and hav ng afUi..
svv.ds asc ytained, in *he manner mention
ed n a t> ruu r par- of this letter, that "he •
seisin.cuts of the American government!
sv 111 so d . tie ren t iron; wiiae they were a’!
first u.idcistood to ot, J was not miirQCU.il!
to t tt.es u> )< u those proposals, nor to
pr< ss uprnyour aerrprance an arrangement1
ssh'C.h h. cl been so recently declined, espe.
Ciaiiy d* the m j aegr xent itself is become
less inipoi Hiit, ana live terms ot it lesssp*
finable vo tut Mate ot (tn.ngs now ex sung.
'! i h-t i (. .aui'-ra it.ns wh'.Cii w< ie first »n
tin attd in Mr C nmiiii’a official letter to
Mi. Pirkncy <i the 3.*? t S-pie nr. her, 13C8,
ju.d wnich m the process rt >ht following
bi> n i uv.ifc, Ktij-iiird gre.uer weight and
iri.u.iv, iiu.aivd !iu u.-jesty, beioie tut
T(*' l' ci Mi. hr L :.t’s irg ciation v;s
It*, v n, to no oily :'u in id *s in cmim U v:
> v. n la i lf07, I j tlin of the 26th 11 A.
pi il. 3bb9.
I in- i iTtct i t this new order is to relieve
the sj sl» U» ui tier which the foi t.ier orders
V.i le is. ueci, from tha wh'ch ha.i always
bun jtjitscnttd n th a country, .» tlie
n ‘ ohjefior.rblc and offensive part ot it—
tl • 11 non given to neutrals to tiade with
tk.< tnc.lines of («rt-ai Britain thiough Hri
tub jilts on payment ot a transit uu'y,
ri 1 is w.-.s trig naily dev,sod am. 'intended
n n .tip '.inn of what is certainly more
c> rent hut more rrg il in pr>iic<p !e*^»,be to
t. i and tu ' ir-lifted inirrdlrtion of al< iratb
with in* i t-emy. If, however, this nutigo
tici. vv! s felt aa an aggravation, and, asliao
t n-n sometimes warmly s s9cned. as *m in
sult^ that fitu'.e ot complaint is now enure..
3) itnuvtd. By the order in counc i ol
the 2fi h /Vpr 1, *309^ ah tr.me wnn France
m C Holland, mid the ports ol I.aiy, com.
tnehended under the dtt.nnmtHtion of the
k'.i ydcm ct Italy, is simply prohibited at.
t< p c;):t r. "No option is afford* d, anil c* nso
<|u*.nlJj no tr.nsit duty o* required tube
p id. In fanother tespret tho oilier in coum
C o' tin Ud’li April must It admitted ti
t ( n m c restrictive than those of Nf vcmhei
7.
Ti c tr <!e with enemies’ colonics which
w .s - j . mi! to in til rats at the c minence.
f'< n *.t ti e present. war by lilt* order ir
ca ncii of il.v 2*4 h June. 1PC.M was conti.
t.i (i i< he i* It o| cn l»y those of Novc n hei
lfit-7 'li i iMii *n crunch of the 26iii
/i I t d roll acts inis i-.duigt ope lfui it is u
ti L it Veil, that, since the period, when
th* -i iif in council ol Wnvenibtt 1807.
v.hi i>Mni), the opening of tiie pons ol
Spa ti, 11 Pcrtof-M^ of th' v nth o* Itaiv and
of • m hr j has afforded n mote ampii »tope
to t t i»trtil Ci ir.irctte, unU tliat by he cap.
toil* of MeiMfi ijm, hi addition to that ol
•iinost .*•! tlie «'o|»mis of theu.cmi' sof G.
l*i 'tan , • < j * ih» r v nli the blockade of (Jti i«
cl t m| r, die ext* nt »o which in*' lib' riy wl
Cit.i.i'I if.t will ent nues* cutouts bppind
lias u* iti m* t. i ttartowi d, ill *t ill re is In*
fie I’.a iC.I liM.il>h.p in tccuri.ug ti
tf < in t wf. r 1*. h- v/* v* r tensions! y nr,
<«■* in its Hppi.CHi ofi, (,r« ai Hi haulin'
nev r • e; u principle io maintain. It r
fur*i t t be oiisCjvid, that tins order r
Conn i he 26.fi Apr 1 hoc >u.s ope rati,
on n.gh v f * * f>: ton*uii. lv, thm nitric,
ting the r» guiatinns - i > »i to France
Fir t tf, und their c ■ t.tc , .»nd to ihc < r.
n • rics denominated t c kingdom ol uaiv
H ir.ysi.pm to the direct trade of mniinii
v ti c P'its *1 the north <4 i uiopi. liiitHm
cri'i of tin 2*th A,)’u, tl.tr; fore, wl.ili
Viuye tre in ti.c oue h^nd fewer point* <
Viflfrrence to stand in the way of a satisfac
nrv arrangement between 'i;o«t Br*t.*n
tnd »h ■ United S ates, it is p"si;W? th it
-here mav be le9s te nptatmu to the 'tt“erf
to enter into such -in arrangement, us the
'rtrnt of their commerce m ly be, if they
P r»se near'y as great under the order in
s^ned of the 26th April, as it wou'd be un
der any arringeinr*nt which shook! effect
he indispens itile objects, * which that or
der applies, or as it would be evt n Without
my such order 30 long as France and the
pow rs aubserv.eot to France continue to
enforce their decrees. It is, m t.»e s ame
proportion, matter of indifference t«* Giea?
Britain, whether the or ter in council be
continued or an arrangement by mutual con
sent suj.t tuted in its roonj.
Su'h, sir, are tha grounds on which it lias
appeared to his in ijesty to be unnecessary
to comn;and me 10 propose to *h? govern
.Hint ot the United States any formal a„ ;
greetnem to he subs'i u .*d fur that wh ch I
his m ijesty his been under the necessity of
di .av wing ; br.‘ 1 am direct? I to receive j
an d d.scu-is w t y >u any prop-sal w.iich y .u '
m y be authorised to m kr to me on this
ae u(.
As uo disposition has hitherto been six wn
on jour part to make any such pr-pasal. it
h is be?u impossible lor me to su e by a u
tit ip..mn (nor was I ins ru'.led so to do) j
what mightne the answer that I sb->uid e
vtnt (ally think it <ny duty <o return to you ;
cons* quenily i coujcl no bav untie w .li
'hit v.ew the statement contarnod in tl>e
4th s?c ion of ytur letter, and the three
-u'»division* of it. Such .* st item nt would
h; ve been obvious y inconsistent with the
tonner part ol mv overture, wli clt you ve
ry correctly record in the 5d acruon, viz ;
th it l was not n:v.i ticicd u* 01.ke io you
any pjr-iposal whatever upon tins subject,
j iHistnecesr-tr.iy rest rye until i bear tr m
;• • u what proposals it m. y be deemtd pro
per to make on behalf ot the United States,
0 state in hotv fay they do or uo not ac~
co.-u with the instructions, which it has
pleased h 9 majesty to give me for my gui
dance in this negooation.
I will oniy add, sir^ n cnncltision of this
le ter, that h:s in ije*ty is vf ry sincer-ly
d sinus ol maintaining a peritct and cor.
di.il understanding wim the Uni ed States,
and of bringing to a complete and satisfac
toiy adjustment, ail the po-nts of differ
ence that have arisen between the two go
vernments ; md tnat agree ng as I do w th
*‘>u, most heartily, astotiie interest which
O' h nations have in fostering a mutual
in i solid friendship and Cordiality, no *ca;
01 exertions shall br wanting o r my part to
Carry into effect his majesty's commands lor
this most salutary purpose.
[ have the honor to be, with great res.
pect, sir, your trust obedient huuujie ser
vant,
F J. JACKSON.
The Hod. Robert S n-ih, at ;. £tp.
Mh. Smith to Mr. J/icksoh.
Defiurtmerit 0/ &:u:rt October 19, 1809.
Sir ,
1 have had the honor of receiving your
; letter of the 11th inst.
1 Ueft je 1 proceed 0 the m^rr m aerial
j topics, wh cn it t min aces, it is pioper tha. j
vhnuid lake some notice of your construe -
n 11 j* which h.«s unhapp ly conver e-i an in
I'tiA ion ul the expediency of conducting
•11 a written forra «ur fur irr (J;->
in this particular cccas >n, into a genera*'
pi oh billon ot aii vtrbil contniy iica.ions
whatever, anti into an uiiprepjBili-meil va>
l3rion ol the most essi n ia riguts of a pu >
he muuateii requiring a formal pro cst it
\ r Chi fr « . _ _ ...
...v V'MIMII.IIIUI U JT a;vu 4
ekgn.
A recurrence to that intimation cin'o*
tail la shew that its sole object was to a.
void, m the further discussions . . , case
•f unusual dt-hemy and impopa-irs, the
ousc III eptions wt-ii known to he incident
o'-ral proceed ngs and oif which the dip.
iomatic intercourse between the two go-'.
tiU'iiCnts bad itirniaiied bo many ami «ocn
serious proofs,«n^y of which your letter
itself »s an addi ion.il (lustration. i h it a
iiaiige m diplomatic discussions from an
oral .0 a written form is noi w tli: ut prec«:»
dent, i cannot refer to one whtcii w»H *>e
mine satisfactory to you man che tntim «tt.
on recently g ven by Mr. Canning, in the
c ,8‘ of tl.e piopos.il by Mr. Pinkney on
the gu'.jict of tne Orders n Comic I an t
die F.mh.ti go, that the discussions whir ft
had bem prevn usly verbal must th nee.
forih take a written :urm. And wi.h tlia
V'ttv i take tiio Itoerty oi recalling you<
Attention to the tu tjoined extracts (.-><?. A
!& i}.) of letters mat passed on that occu.
i Stoll.
On the present, as on that occasion, the
change from vernal to written commum.
cation* w,t» tcqu'bied af'er two conn n n.
jcis^ and when Ute subject npptared loom
jot the parti's t have, by those verbal <1 s.
jcus'ions, hern brought .o a point, wlncn
(required a precise umleistanding of the.
iv.ews an* propositions of the other.
*.u v.Mi, sir, hei.ee perceive, that in
|maintaining the rignt, wh eft eveiy gov.
einin.nt has as to the iuie» of intercourse
I with foreign functionaries near it, no en
I croacbuh.11 has been made or intended on
jury right or customary privilege otiong
* mg toyou in that Chut actoi, n ,r any thiut
dwiie to impede the proper ami u mas tours-,
of nrg ci.mnn.
Y u bav*' been snlficiendy apprivtd, |,v
my letter ol tire V n, of tot li&nt in wind,
lilt Ffttidem views me arrangement me
, iy mane iiy your predict ,s r Wn.t ih
^overumfntj a..U of the groum.s on wine .
no lias expected a foi mat and aatia;ac:oi
explanation of the reasons for the idiiii
, 01 his tUiUmilc Majesty tw carry it w.toei
feet Up persist* in that expectation, andi
n the opinion, that there has been given'
in explanation tha '3 ^li^rjtmtr, either a® J
o the matter, or as t.» the mode.
When one govern nsnt has been solemnly
lledged to another in a rrnrual engage*
near by its acknowledged an l competent
tg -nt and refuses to fulfil the ole lye, it is
sen'ectly clear, that it owes it, both to I
ta*lf md to the other party, to acc*mn<. I
'J its refusil with a formal and frank dis
doHure of sufficient reasons for a step,
wive s, w.thout such reasons, ir.ust deeply
njare its own chir icier, as well as the!
rights of the party co ilidiug in its good j
faith.
r«> refuse w>h honor (cnys a high an*
rhority on pubi c law) to ratify what has j
li *en conclud td on by virtue of a full p iw !
er, it is nec.i-ssarv th it *he g >v r ,ment
should h ive a>rot••• and no id rea sons, and
mat lie shew in pirticular that ms Minis
ter has violated his in trucvois.”
Although it is pirticular y mcuinhen* on
the -S >ver ign in such case to shew that
his instructions have been violated, yet i
is not a mere violatiou of them on immate
rial points that will be suIBbent. 1, is in
uispensably r qu site, moreover, that the
reasons be t rout'and ao’ici, th it they ma n.
festly not we ign » .t only the general ohli.
gv ion to abide by wh it lias been so done.;
but al.o tae disappoint nen m i injury iC*
cruio ' to the o hei p .rty. A n I t is v .r r,y < {
noiice tha: the case tinder dr sou sion is <,
a higher charjeter, appeal, w’tli ;r.n
:»r solemn, y to tile nunor and jusine ol
the refusing party, than die c*s- stated in
V.ittel, in ts.nuch ae the trans cion, m.'w
d s.1 vowed, Was not a treaty or con/ .u: nl
to be ratified by b th parties, previous to
an i xic ition by either. It hid me. rdmg
the terms ot il (and this pcculi rity «p
pens to have been con emp, »t, ti |JV
jovern.-rif.n been ,.r.in ilu . „ i . .. ...' i.J .
*y cavri d into exe^u .on on me put of the
J. States. The refusal ot ms Britannic
Majesty is, therefore, not simply u> ratify
"'ha had been ratified by the outer par y,
'nit to carry into etfud. on his part an ar_
langement wnion had beau canted mo
mil rffed with good faith on tne part ot
t:m United States. Nay, the case is
dreng.nened oy the funner pjcu.i .rity,
that some o! the circumsta ices amending tne
xecut on of the arrangem ht on the part
ot tlie U. S render u misuses ptiUI** of a
full equivalent for me reltisal to execute it
on the order side.
It ha* not escaped observation, that the
obl gation of your govtrnm nt to tender!
expjanauona on this occ-s on ;s admitted I
by y ur attempt to s lew mat it h ;s been
Kuffir.entiy done in wh it passed in conver
sation between' Mr Canmig and \|r
Pinkney. and by tne instrucuons g ven to
Mr. lir»k n. to comnituneate sucb expia-'
nations. -
With every dispoiit.on to view in thel
most favorable tig it wlu’trver may affect
the relations tier ween i he two countries, it
in impossible to mistake tne conversations
of those ministers fora discmrge of ructi'
a dt it to the gout faith and reasonable -
expedition< ct tie U States, Besides
hint tney w re u.-re convt rt»4.»,ons in a
case requiring the p ecisivn and respect
of i f trtnai communication. it ts certa r>
that it was neither understood by Mr.’
Pinkney, n ir in euOedbv wir. Canning, that
those conversations were so to be regard, i
c i. Mr Pinkney •* explicit on th s point.
And Mi. Canning h m,-;t, after declini g
to rer piiu ate m writing wh it her h/d
verb .ity remarked, signified ia Mr. P nk .
ccy .n .1 If.ter cited M y 37 u, that his
observat.oiu ou the '•ubjec wou! l be mom
j> r.peily ma le through cue sneejss r of
'ir. Ersk’iie, w 10 w 4> about to proceed
11 the United tva t*s
W.;n respect to the i.st ructions r.n ttis
poi tf giv. n to Mr. Lrskine, it nt'k it be
•. H’cen to rc tuu-„ th »t m y w. re never
c rntJ imo execat. -n , nu* it may he ask •
vn, vv i? her it w is a mark o tr endiy re.
sped to tne U. "iia.es to employ for sut.i
•i purpose, a minister iron who n n.s B v
rrn.nent ti id th mg'u proper pumiciy in
w t..iir-»w its e minence, Hud 10 the p-cuj
li.ir ile :cicy ..n t truth■ rrosament ol whose
n y u i .v^. y out self referred, asac
uounting ;or lit* ho naving executed me
tus*. imposed 4p m mm,
J mu t bcie repv t. v/h t w s taggestc d
in my homer iei.i, lom ihe succ> siur ol
Mr i rskiuu is the pr.-per fun ,tiou.try f .r
a prop r exp!.m *r mi. Not cm I p-roeive
me 1 -rce ot your run m, that the deity
I incident to y:..jr ari.vd in the L\ Sia.e’*
•rri.dci'd it mi"; cots's; -nt with the
|fn. ud.y »« limem.s ol his Majvs y to pre„
i »cr.Ue oilier cmmnels for Conimijntsaling
Jthe mo iws (m nn* d.a*vci'.v.ii. t\> yUUl
jow.i lecoMsh'craii n i appeal, whether (he
| C'fUt'HC »•»!>*» C u> lii'/HC tlJ'IKiiy
•*tmi i«!nts w.i* u<ji uic obvMu* one of e ii„
Jphying the new organ, guard rig at the
sa-m one ,ig ost any nmcomuructi. o ol
me del yin -ppriamg tiie /Vncrtc.i. g ,v
evo titn in mg 1 os 111 o sier ol ihe c«uie
ot ... 1 -.e supposition, m u the de.ay
culm to yout in.uiOii gave r>«u 10 the
Convent moo ol .sir. Canning and Mr.
Pinkney, is oj'. 1 ecof-.cii3.ioic to the cur
rcbp iMlc.ice of the i.itter vriti.cn co.ic-.u.,
no fin. 1 indication. On ihe contrary it
d'bti ictly shews tnat te wan apprised of dt-.
intent.nn to replace Mr. ttr.kmc »t a sue
cc w whom l>e regarded as the prop. 1
chain el or tne explanatory .c > .m.unic tu
dvt liut tie uitdefsio-d Mr Canning 10
>0 under the same impreisi m, and iinu ht
learned from yourseft. nit mo.e than two
1 sy» niter Ins convei »aii >m* wim Mr.
Canning, lh.it you weie to sail for Ihe U.
» W.tnm three weeks.
/li.iio ign it may not have been your in ten
on to nave given to kill« SOojoct a \> >W(.
which it would not hive naturally assumed,
yet such has hem the tendency of some <»•
your remarks, and p&rdcul&rly of the conclu
sion you hove drawn from the two circum
stances, 1st. Tha‘ n> trace of complaint
from this government against the dijavov.ai
appears iu the r-ic«rds of the British mission
or was distinctly announced liy me in opr con
Pyrenees ; anti 9.1, that from the n'firial cor
respondence of Mr. Erskiie with liio govern,
ment, it appears, that although lie did not
communicate in extenso hii original inst.uc.
thins, lie submitted to ni“ tlie three conditions
therein specified and received my observati
ons on each.
If there he no trace of complaint against
• he disavowal in the ar'hieves of the million
it is because this government could not have
entered such complaint bef>re t. reasons far
the disavowal had'been explained;, and esie‘
ally as the cxpla.i-ttiimaJp :rc justly and con*
fnlently exnaat d thrmprh th- n * * functiona
ry. And as to the supposed reserve on liiV
part on this subject i i on* seven*1 conferences
l did imagitio, that inv rci>eated imimations to
you ofths- uecessity of satisfactory explanati
on!, as to the dis ivo ml, were sufTVfvnt indi.
cations of the dissatisfaction of tots go/ern
.nc.it with respect to tli ■ disavow il iwdf.
The stress you hare 1-iilon what you have
been pleased to state as *he s ibv.it.*tio.n of he
terms finally a-;’- :?. I on fir the terms fi x pro.
pssed. ijas excited no small degree ul s.u
n- ie. Cer ain it is, that vu>*r pr-dec'-sHor
d. i nr *se.it fir inv consideration tii • tiir-e
coo litions which nj.v apnear in the ;> hit d
docii lent—that he was disms-vl to u~g •
them >nor • than the mourt* of two of
(h »th p.i'jiablv inadmissible asid o ic more
to i l in -rely inulir.issihle: could permit, and
turn on finding his first proposals unsuccessful,
t >•* more reasonable ter ns comprised in ill
arriiigeineiU respecting the orders in coun
rii w •!••* adopted. tul whit, sir, i> dvr* in
this to countenance th ; conclusion v u have
drawn in favor of the right of Lis Britannic
Majesty to disavow th - proceeding : is any
thi ig more common in nuhiic ne -o'iation'
■ h:i i to h££irt with a higher demand aiul, that
fat irtr, to descend lo a lower ? To have., if not
two sets of instructions, twi, or more than
l wo grades of propositions in the same set ot
ins rtt. ti ms . to hegin with what is the most
desirable and to end wi h what is f und to be
admissible in case the more desirable should
not be attainable. This must be obvious to
every understanding, and it is confirmed by
universal experience.
What were the real and entire instructions
given to your predecessor is a question essen
tially between him and his government.. Thai
he had, or at least, that lie believed lie had
• ufficient authority to conclude the arrange,
•tent, his formal assurances, during out- dis
cursiijn,, were such as to leave no room fit.
doubt. His subsequent letter of the UJum
renewing hi* assurance to me “ that the
“ terms of ins agreement so happily con"
“ eluded by trie recent nejjociation will b<
“ sir ,rUv fulfilled on the part of his Majesty,”
is an eviJent indication ot what bis persua
sum th■ n was -as to his instructions And with
V'c<v to shew what bis impressions have
been even since the disavowal, l must take
the liberty of referring you to the annexed ex
tra< u ( nee C.) from nis official letters of the
. 31st. July and of the 14th oT August.
i he declaration “ that the despatch front
Mr Canning tii Mr. Ernkine of the 23 Janua
ry s* the only despatch by which the eenditi"
on* were prescribe 1 to M •. rtkin ■ for ,h :
conclusion of an airangcinent cm the matter
to vhich if relates” is now for the ft rat time
made to tills government And 1 need hardly
aid, that if tits' despatch had been commut'd,
cat'd at the dine of the. arrangement, or if
it. had been known that the propositions ; on
taine 1 in it and which were at first resent* I
by' M . lirakine, we-e the only ones, on which
he was authorized to mak- alt arr ngement.
the arrangement would not have been made.
As you hare disclaimed a.ny ••otWonty t-->
offer explanations for the disavowal, ?s
you it»v« bean willing to ascribe tbt wap
of such nuth irity to the consideration that
other channels; had been preferred, and as
you h.. /e even contidered the circumstan
ces miner which the arrangement took ni.ire
tc be sticii could o dy lead to a disavowal
and therefore as superseding the necessity
oi any explanation whatever, a into he re
gretted, that you had nr* tj emrd ic pro
P'-r to render pteci-e and explicit, th^t
'par of your lett?r which stems to imply
‘that you h »d in in our conversations, in re
lation to the affair of the Cucaapeake, fol.,
lowing the worths of v >ur instruc it ns, held
]out not only the nuua<r in which the re.
’piration hod been accepted, I,at even the
tor n in which it h id Oven tendered, a<
warrun ing his maye^ty in even vetr.ict.
mg tiie offer of rep ir.vion, ar.d that you hot
elucidated the observation by a retercnci
to the particular expressions which, at al
events, put it totally out of tm power i<
• confirm any act contain ng the n.
VViu aver may h ve been your ir.tcnHor
1 in this part of our conversation, »r w.iate
! ver may he the import of the passage t<
| which l have just alluded, I have now tn<
' honor of signify ng to you, that I am an
1 thorised to receive in n propci form wh t
ever explicit explanations you may chu.t
to make, with respect to the gr undr of thr
part of the disavowal ; and wit turn enqu.
ring whether your authority be dvrivtd fron
nviucttons mat have been addressed t<
yuuiself, or that h.-.vc devoir d on y<»i sr
the successor of the minister who h id de
eluted to ixrcm* them.
As you have, stthe same time, been plea*
e 1 to *ay that his Brltann c '! »j s y h i
an h'>ri‘ed y< u to renew ihe off. r of svs
f icti'ui which Air. Erakine w..a in-tru.-. t.
to m ike, it was also natur .Uy r*j»V te<
ill n you would tn y*ur letter have secret
wrh piecisiun in what that offer diffarct
from the reparation solemnly ten Jet etl bj
Mr. Li -»k ne and accepted by t.»e Cir. itet
Stats, and that you would have s:». »n n
•vhst toe reparation thus teiiderc diff ret
(*;■ m his Instructions. And wneii I It ul tin
h«.nor to intimate '.t»at,tn mss ud th
ti saonceptions nrvdent to oral-proceedin'*,
it was thought expedient that our t'u tiie'c
discussions on the present occ^'ci joui \
i»e in the written form, there -.vas ,:o pir:
of the su >jec to which that ijyti oitmi, „p.
pl-e.| with more force than the case ot we
Chesapeake; none «.u which it was *\ .re
dtstr h!e to nvoi ] noiscon • p on« .nd t on*.
t.i n s jt cise k riwledge of the prop s; * n
which you wi re nu !i r sed to m ke. not
only because I did not really u d-rst ir.d
the particulars of th • • If r as dis inc ly at
you seem to b ive supp ..ed, but also b »c iu»e,
on that point, ami on turn al-rw, y.»u hid
expressly s'a ed that you had pr .pos ttons
to make, and that you were a ttlinrisnd to
carry them in'o immcdi tie ex */i imi.
<)n the mb] ct'ofthe •>rdt.s3 in council
the President perceives w.th e.i t ii.-ms ojf
'“-*!> th it your ins lucunus cutem
plate, ne tticr an explanation of the refusal
of your government to fern t ,e ai r.i vfo
ment of di.it branch of tha .xi.tin; ,iiFr..
eoc *s, n r Hie subs i ut on ot .ny otoer
p an of adjustm nf, nor any authority to
:ouclude any agr einent ci'th t subject;
but m rely to receive and discuss p. op >„
s .Is th.\* might be nude to you «a t ie p irt
of me United States ; and these, it appears,
niuet lnc.ude a supination on tne part jt
the IJiiite-J Btates to reh.i juish the tr..d«
with the enemies* colonies, ovn in branches
rut hitherto Interrupted ,v British onlcra
fu' capture, and also a s uction to the c i.
toreng of an act ot Congress oy the iJrit,
ish navy.
Were the w .y properly opened for for.
ma. propositions fi'om tuia government, a
known de rr mnatiou n the ptrtof'tm Hri„
tannic M .jesty to ad a ere to such exu -.or.
diiuiy pretensions would preclude the hup i
ot surcc-tj In such advif.nc^s, w ietli?r re^
gard I)-.* had to the conditions themselves,
or to the disposition they ind cate, in re’
urn sor me concil.ato-y temper wh-ch has
>een evinced by thel/'ited S ates.
As to toe demand in re.avion to the co
t-nn il trade, it has been the kss apprul
nen-ied, as it is not in itself, nor hat it e*
ver before been orought nto connection,
either wi.h the case ot the aiders in coun
cil, or with that of the Chesapeake. And
it was reasonably to be presumed, if tne
Of ftu.'li a condition h .»! .n the fir9t in*
stance pioceeded fr .in iu« erroneous r>el ef
that it av is not objectionable to the United
StateSj that it would no nave been persis*
.ed in after that error had been aacer.ained
and acknowledged.
Tne other denj md couid s ill |e°<i have
bmn ftppr bend d. Hes dfc tne .uev i* £t
me leui iblc abuses iii ;iUent to auen a li.
Cense to foreign cruisers, t;,« stipulation
would tous.v one of tliosw v tal pi ,t\L plc» of
sovereign y. which nona.mn •■.* ' it t, nave
ueen expected io impair. F r wii re w u.d
be the rti3errr.ee in pr.neiple b.twcan u.
thori3!ng a for. igo govern*.cnt to me-u e,
md authorri i»g cioin.k* I |.,^ u, t
N«.r ••u:*ht it to be suppo.ud that tne no*
tiom end precaution of » le w .,f me U .i[cd
States, si tne car*, ol the prohibited i.r.;rte
in que nioii, would prove metftcac ou» lot ,~s
purp. sea.
Il tcl u.iMe of those obvt icles presented
themselves to me course c rrisj.-ocdi.. ' wua
‘he sentiments and deposit.ons o-in.p, » s.
nent, 1 should have felt great pie sure m
giving you formal <> suranees of nis re 'd*.
i es.s .o exeeu c the couklmn .) autimriiy
with which ue 13 inves-el 10. rest ring .n
its lull extent, ta ta as it m y .1 pend ou
tne United i .ucs, he com m rci»l ..1 i-r
> our>e ol the two coun n s, and inn n«
w-.ald, mot trover, be diipt-a d o ex . nd he
experitnen- of a triend y n gncia ion n u
very point of d.tf-ret.cc and of muiun in*
teres between hem. It, indeed, in he
vent of a successful erm m ion of what
rel. es o the cub* of he Chesapeake it he
hot’ 1 hat a removal of the d ffictiliitsa'V s n
from lie orde.sin council 1115.1 be 1. c,£
i aren by comprehending mem in a gm.r
al netrocia ion and h?. oDerdtion of. ,*•
ders cau in *hj ane<in *ijnc be puuIiM
th« door inigh be consul red as j an «jjl
a cl/ oj>en o *ht c<»ur e of procseding
To such - suspension » • reasonable Ufo ,c^
ion can be made, as you have stated/th*
lid i.4 in council ns now modified leave t'u.
ia~e of tne Uni ed but.s neatly „» gr ;,t .,s
i w m d be wi.limit he existence of.vuo.i m.
ders, so long as France, and the other powers
sba 1 continue their decrees, snd inasmuch as
a disf ontmusm e of their decrees by those
powers confessedly requires an immediate u
entire rcvoca i >n of'.he orders in council.
That a suspension of the orders with a view
to their being brought into a general negoci*.
tion ia more reasonable t han v. temporary sub*
' mis-.ion Jo their anihori y, by r(ie U. Mate*
with that view, is obvious from the reduction
that suc.li s submission would necessarily in*
(volv * a relinquishment of the principle which
>1 they have steitfastiy is rt idj whereas a dis.
j eotuinuawce of the order i in council in u,*
. Jnreseut actual state of things woul l uot l>a
• I incompatible with the principal on w.iiclt
Jth y were originally foun lad.
,J This prin ipic was, as you well know, the
J necessity of retaliating, through neu *i.)3, in*
! jun ta received through a violation q, 'l.rir
rights by another bcHigrn n. In the actoyi
, Mate of things, and under hr iirtotl n. <J ,,
| ca ion of the orders in council produced by
Jit, it is admitted by you, d v *.V: iers hs *
(•to practical cdect in abridging the com nt r
of neu ral», and can of cum- c hay# no r Ul
j ting effVo* on dm other belligerents.
I Although it c im>ot he mlii ve 1 *.o bo tr u*
| that the order* in council are no longer }aju.
Ilihus to the commer'-" of the Uni ed St •
i it is certainly ttue that they produce no • '-'
gree of in jury to the enemies of Grow:. Bait:
that can countenance the retaliating p.e*
i ledgetl in sup,km ;, of thorn.
What, pm nit in -to ask, is (he dtt|
i injury actually *c ruing m the enemies/
A
, ling to those. ordc>*( as no w jA
I