Norfolk gazette and publick ledger — Norfolk [Va.], 1810-07-30 00:00:00, page 2

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Jx'hE publick ledger,
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MONDAY EVENING,JULY 80, >810. ^
To the Aurora, the Aidfericao pubticki* indebt
W.tbe jwhole of the correspondence between
tndMr. Canning. We shall extract
. , is* parte which appear most important, com men
, ding with Mr. Canning'* letters of instruction to Mri
■ fy ferakhwr^which nltlio' before published, may not be
Unacceptable at this time, at furnishing references
tetf subjects which will be much no*.ice(| hereafter,
v; STATE "PAPERS. . '
• . ? ' SeOM S*i. KRSEI XX'S PAMPHLET,
No,HI.-r-Desp^tcli from Mr. Secretary Canninsr to
-- - the ban. David Erskine, dated Foreign Office,
, 2Sd January, 1809. 1
Sra—Yourdespatrhr*, from No. 48 to No. 49,
both inclusive, have been received and laid before
the king. \
The mos* serions attention of his majesty’s govern*
meat has been directed to the important matter
treated in tl.oSe despatches, and especially to tlios^
confidential communications which you represent
yourself to have received from different individuals,
of weight and influence in the American government,
. respecting the political relation# of Great Britain
and the United States.
It mnst he confessed, that the conciliatory dispo
sition which these individuals describe to you a.s ex*
idling on the part of the American administration,
does not appear cither in the acts of the government
#r in the"debates of congress. But the intimations
t; which have been given to you ef the difference be
. tween the personal sentiments of Mr. Jefferson, and
those of his probable successor in the presidency,
with mpirct to this country, and the'hopes which
yoo haveheen led to entertain, that the beginning of
the new presidency may l;e favourable to a change
•f policy in America, if opportunity nntl encotirage
mont lor such a change shall be afforded by this
country j have induced his majesty's government to
review and consider the most important pnintsofdis
agreement between the two governments; and I
have received his majesty's commands to send vou
such instructions on those subjects, as most, if the go.
. wnment ef the United States be seriously disposed
to accommodation, lead to their immediate and sa
tisfactory adjustment. v.
The fi.nt of these points is the affair of the mt
. sapeake. . ,, ..
Nothing prevented an amicable conclusion of this
discussion by Mr. Hose, except the refusal of the
American government to withdraw the prochmtti.
v atrjsjued on the 2d July 180r, by which the ships of
war of Great Britain were interdicted from the har
bours of the U. States, while those of France conti
nued to be allowed, a free resort to them. *
The construction gi ven by M r M xdison to the re
action of the committee, to whom the considerati
on of the foreign relations of the United States was
referred at the opening of the present session of
congress, undoubtedly goes a considerable way to re
move the objection to which the proclamation was
bahtc— *■ f - '
Ovme efcekwton'of (he ahips of war of both belli
gereots from the port* of a neutral state, neither
bellUerent has a right to complain. 'Die partiality
of th*t regulation-alone, gave rt a character of hos
tility, .
If therefor* the ships of war of France shall in
point of fict have been excluded from the ports of
til* United States, and such ships of that description
•a weft ill those ports atHhe time of passing the re
solution shall have been warned to depart, his ma
jesty would no longer insist upon tit* formal recall
Of the proclamation a« a preliminary to the adjust
naenf^f the difference arising from the affair of the
Chesapeake.
It 1* still necessary however that either the pro.
, eJamation should he withdrawn, or its operation for
tdaliy declared to be at an end ; but it will be stiffi
ctentif that withdrawal nr declaration is recorded
(aecording-to the arrangement which Mr. Madison
protected himself ready to adopt} in the same instru
>nej)t, or at the same time, with the terms of repa
tatwn which his majesty is now willing tqwffer.
, The term*of reparation whi-h Mr. Hodpvas au
thorised to propose, were in substance , jfr
ISU A formal disavowal by his majesty of the act
•F admiral Berkley.
2dly. 1 ho restoration of the men forcibly taken
from on board the Chesupe.tke, reserving to his nm>
jeaty the right of claiming in a regular way from the
A|»«ifj»n government, thedisrhargeof such of them
UP™* investigation to be either m.tu
r^Tuorntubjecis of his majesty, or deserters from hlg
majesty's service :
A penmi ,ry provision suitable to their re
•pective situviiun* in life, fi>f the widows or orphans
« such men (tmt being natural horn subject* of his
tnayestv. nor deserters.of his majesty's service) a*
my h tv?_ been unfortunately killed on board the
yhesapeake. ,
Tn rtturn for these concessions hi* majesty requir
■ . ‘'^arowol Pu. the port of the A merican
govBrnmrttof the detention by commodore i»j, ron
^Jits marntty's serv ice. Of hit dc
hlal of having such pei oiipvnhoord of the ship,
Her his eomm .nd, and his refusal to deliver them un
upon demand : sdjk A hke disavowal of thenutra
f’es committed on We persons or property of his mi
jesty s subjects .it Norfolk, nr el ewhtre, in conse
'V’ ^ *"K»gc^*nt was also to t,e '
remiire^ that the American government should not i
^-toweeountf.anceauf^ it, agents,'rKIJ nr mi- I
SJ&J* e««K.ragmg iUrtibn fn.mhipn .jest>'.,
'• 'V ^K^P^Lhe,ni?fcw,w810 » etatoraent in
is.
5, I',’, t0 •* Pr^i-ictl for by * special act of
‘ JESS*!!* .••?*. to obtain any specifx
Ciarnttnn i* *
■ i>”*b,?.Tetr ,WT tn Slnjplify u much as
Vnff I'imr iidnti i\4aM »....... ....
"ilH " w»7" * V",—* ’ "•'* toeurreneeto the details
.6f Whirl,
trt complicated muf indue**
’i£s*$*'**a£ to w^e any d«oW tor Ywrospec
jffiaRSS*. °? t,le P‘rt«*flto government ofThe
:, • “totgoVCfouient bents;,qo the otUer
bfttk the wwRrc'Aly ta
■J&S2 *25rta- *¥ ^
Jlw.hi<illAbf>*c~.r*.lli» will *«tju i*wii.
l*th from what Mr. Finkhey^ SET 2 SIS’
;v 22£&2ftSa£S£f!S2Si
government Dpoa this subject. < .
v *W» arrangement shall be ssttied bv a
ferny!
antes «t»te« the same tUy, nijd r'ripeKstly delivered
. . ot the same time,* is left to the decision of- Morsel,
aut* the American minuter. ! < • ■
v JhartrooWto add (Sn'liif nogroand to appre
, a end th.tsurii a demand is lUtely to be brought for
ward) that wo are steadily and peremptorily to re.
toto any demand forjaay mark «f *« majesty's
'£%M V- >*f‘ ' ■ ‘ ' ' ‘ ■ ’■ ‘ "
Tu:'?}
:• . \ >
BerkTey.thkn that which «»
In the first Wance maniCeated, by that officer’s im>
mediate recall.
(negate rpnlh . ^ »a
Y ou arc to«pen4ie i
of Chesapeake sepa*
rately **nji dlsnSicflf* .* The manner* fn which the
\m~-\-/ S HV innuiret 111 W lllt.il tllv
proposal fertile adjustment of that difference may be
| received will be the best test of the general dispnslti.
| on of the American government, and will naturally
indicate the course to tie pursued in respect to the
fat ther instructions which I shall proceed to com*
municate to you in another despatch.
I am, See. (Signed) GEO. CANNING.
No. IV.—Despatch from Mr. Secretary Canning, to
the honourable David Erskine, dated Foreign Of
fice, 23d January, 1809.
Sir—If there really exists in those individuals
who are to have a leading share in the new adminis
tration of the United States, that disposition to come
t«* a complete and cordial understanding with Great
i Britain, of winch you have received from them such
positive assurances; in meeting that disposition it
[ would be useless and unprofitable to recur to a reca
t pitulation of the e&uses from which the differences
| between tho two governments have arisen, or of the
arguments already sa often repeated in support of
that system of retaliation to which his m.ijesty has
unwillingly had recourse.
That system his majesty must unquestionably con
tinue to maintain, unless the object of it can be other
wise accomplished.
But after a profession on the part of so many lead
ing members of the government of the United States,
of a sincere desire to contribute to that object in a
manner which should render the continuance of the
system adopted by the British government unnec&
sary, it is thought right that a fair opportunity should
ue afforded to the American government to explain
its meaning and to give proof of its sincerity.
T he extension of the interdiction of the American
harbours to the ships of war of France as well as of
Great Bntain, is, as stated in my other.despatch, an
acceptable symptom of impartiality towards the bel
ligerents. J he first that lots been publicly manifest
ed by the American government.
1 he like extension of the nun-importation act of
the other belligerents is equally proper in this view,
i hese measures remove those preliminary objecti
ons which must otherwise have precluded any useful
or amicable discussion.
<In this state of things it is possible for Great Bri
tain to entertain propositions which, while such ma
lulested partiality was shewn to her enemies, were
not consistent either with her dignity or her interest.
Fiom the report of your consersntion with Mr.
Madison, Mr.Gallatin and Mr. Smith, it appears—
1st. I hat the American government is prepared,
in the event of his majesty’s consenting to withdraw
the orders in council of January and November,
1807, to withdraw contemporaneously on its part,
the interdiction of its harbours to ships of war, and
aii noii-interconrse and non.importation syts, so far
as respects Great Britain, leaving them in force with
respect to France, and the powers which adopt or
act under her decrees.
4'7’ wnat i» ot the utmost importance, as prc
Ctiuling a new source of misunderstaiirting 'which
might arise after the adjustment of the other questi
ons, that America is willing to renounce, during the
present war, the pretension of carrying on, in time
ot war, all trade with the enemies colonies, from
which she was excluded during pence. j»
3dly. Great Britain, fertile purpose of secqflijg
i the operation of the embargo, and of the bona fide
iriteution of America, tv prevent her citizens from
trading with h ranee, and the powers adopting and
acting under the French decrees, is to be consider
ed as beiui* at liberty to capture all such American
vessels, as may be found attempting to trade with the
perts of any of those powers ; without which secu
rity for the observance of the embargo, the raising
u nominally, with respect to Great Britain alone,
would in fact raise it with respect to all the world.
On these conditions, his majesty would coasentto
withdraw the orders in council of January and No
vember lfio7, so far as respects America.
As the first and second of these conditions are the
suggestions of the persons in authority in America,
; tn .rnu,* a*'d as Mr. Pinkney has recently (but for the
I time) expressed to me his opinion, that there
w ill Ik? no indisposition on the part of his government,
i to the enforcement of the naval power of Great Bri
! tain, of the regulations *f America with respect to
| France, and the countries to which those regulations
| continue to apply, but that his government was itself
j ware that, without such enforcement, those regula
tions must he altogether nugatory, I flatter myself
that there wilt be no difficulty in obtaining a distinct
and official recognition of those conditions from the
American government.
For this purpose you are at liberty to communicate
this despatch in excenaot to the American secretary
of state.
Upon receiving through you, on the part of the A
merican government, a distinct and (dilcial recogni
tion of the three abovemenfioned coiwntions, his ma
jesty will lose no time in sending to America a mi
ni,ter fully empowered to consign them to a formal
and regular treaty.
<^s, however, it is possible that the.delay which
must intervene before the actual conclusion of a trea
ty, may appear to .the American government to de
prive thiv arrangement of its benefits, I am to ail
' (home yon, tf the American government should be
desirous of acting npon the agreement before it is re
duced to a regular form, either by the immediate
repeal of the embargo, and the other acts in questr
on, or by engaging to repeal them on a particular
nay, to assure me American government of his ma
jesty's readiness to meet such a disposition in the
manner best calculated to give immediate efTect.
Upon the receipt here of an official note, cotain
ing an engagement for the adoption, by the Ameri
can government, of the three conditions above speci
fied,liis majesty will bepreparedon the faith of such
engagement, either immediately, (if the repeal shall
have been immediate m America) or on any day
specified by the American government for that re*
peal, reciprocally to recall the orders in council
without waiting for the conclusion of a treaty.
And von are authorised in , the circumstances
herein described, to male such reciprocal engage
ment on bis majesty's behalf. I am, See.
(Signed) GEO. CANNING.
No. V. Is a letter from Mr. Canning, communi
cating the intention of a special mission.
No. VI. Is the despatch on which Mr. Erskioe
and ids advocates relied for his justification jn mak
ing lus arrangement, it was not before published.
No. VI.—-Despatch from Mr. Secretary Canning to
the bon, D-ivid Krskine, dated Foreign Office,
'43A.January , . „ ,
Sir—In your despalcVNq. 4f, among the other
Important suggestions “which you state yourself to
have rec eived from Mr. Gallatin, is one, the pur*
jpot t of which ts, that supposing all the existing dif
ferences between the two countries to be done away,
the system of iheir coinrnetci.il intercourse might be
better regulated bv. the short and simple agreement,
either t? gdmtt^ich other* productions on equal
and reciprocal duties, or reciprocally to place each
*e tl»y fating of the most favoured nation, than %
Xuy more minute and complicated provisions- " '
: The sentiments open which the suggestion ap
pears to f>e founded are so much in uofcftm' with
those entertained here, that1! ana to' direct you,'in ‘
tbi treat of the subjects mentioned la my despatches
’Jv'w..v,. . ■'* " f
beta* pit in * train ef adjustment, to er.£esTMf to
obtain from tile American government tome more
precise and authentic exposition of their views upon
the subject, to be transmitted here for consideration,
if possible^ at the same time with their answers up
on the subjects of those other dispatches,' ■ * -
It win not, however, be de«im|e; that fhos# an
swers should be delayed for thiljhirpoae.
hut you are authorised to assure the American go.
▼ernment of the readiness with which we shall be
prepared to enter into the amicable discussion of j
the commercial relations of the two countries, on I
the basis of the latter of the two principles proposed
by Mr. Gallatin, whenever these obstacles, which
stood in the way of the renewal of their intercourse,1
shall have been happily removed.
In this case, as in respect to the subject of my o- ;
tlier despatches, you will see that the sincerity of the
good disposition professed by the persons composing
the new administration, is the point the most impor
tant in the view of the British government.
If such a disposition really exists, all difficulties
will (as Mr. Gallatin has expressed himself) be easi
ly smoothed away.
If unfortunately this hope should be disappointed,
Great Britain h is only to continue the system of
self defence and retaliation upon her enemies to
w hich she has been compelled to have recourse, with
the consciousness of having eagerlv seized the first
opportunity that appeared to be offered to her, of ob
taining, through an amicable arrangement with A
nierica, the object for which that system was esta
blished. I am, he.
(Signed) GEORGE CANNING.
N®- VII. Has been already published, is dated 16th
March, with an inclosure of the 25th March—(see
Ledger of Wednesday last.)
No. VIII. Is a letter from Mr. Erskine, dated- the
ISth April 1809, accompanied with sundry inclosures
containing Mr. Erskine’s correspondence with Mr.
Smith, before the conclusion of his arrangement.
No. IX. Is a letter from Mr. Erskine not beforej
published—the enclosures referred to ore the letters!
| which passed between Mr. Erskine and Mr. Smith, |
j when the arrangement was concluded. |
No. IX.—Despatch from the hon. David Erskine to
20ti ^'an"'1,£’ daled Washington, April
Sir—As the instructions contained in your dispat
ches, Nos. 1 and 2, directed me to regulate my con- I
ductm making propositions on the part of Ius majes
ty to this government, according to the general dis
position which might be shewn by them to rome to a
complete and cordial understanding with Great-Bri
t-.in, I accordingly used all my efforts'to discover
j whether the professions of such a disposition which
| had been so often tepeoted to me unofficially, and
! lately ta the most formal manner, were sincere. —
The result of further communication persuaded me,
that the sentiments of thi> government had been tru
ly represented to me ; and I was confirmed in that
opinion by the favourable reception of the rep.rati
on tendered by his majesty for the aff.ii- of the Che
sapeake, the details of which 1 have given in my
preceding number. . ' ,
wnn mis conviction upon my miml I examined
with the greatest attention the tenor of-your instruc
tions contained in your dispatch No. I, and particu
larly the three conditions upon which his majesty
was willing to withdraw the orders in council of Ja
nuary and November 1807, as respects the United
States.
The first of them I considered would be of course
officially recognized by the American government,
since the 11th section of the act of congress, usually
termed the non-intercourse act, provided for such a
contingent proposition.
The second condition named by you, I knew would
be acquiesced in, not only from the declarations which
hvd been made tome by most of the members of this
rovernment, but from the universal opinion of the
members of weight and influence in both houses of
congress, that the principles and objects sought to be
established by that rule were equitnble, and would
ever be insisted upon by Great Britain.
I foresaw, however, that a difficulty must arise rn
obtaining a formal recognition on that point without
any reference to other commercial arrangements
which would form the basis of a regular treaty.
The third condition, it was obvious, could not be
objected to, because an American owner of a vessei
captured by a British cruizer, on account of its des
tination to Frotice, or to any other couutry with
which an intercourse was prohibited by the laws of
the United States, could not complain to this govern
ment of such seizure, as the only answer would be,
that the enterprize being illegal, he had no claim to
redress. I
Upon my submitting the three conditions to the I
consideration of the secretary «f state, he made the
answer to the first, which I had anticipated, namely,
that the president would of course assent to it, and
in pursuance of the power vested In him bv the con
gress, would issue a proclamation for that purpose,
to take effect on the same day that the orders in
council should cease, to co-operate as respects thcU
nited States. ■
W 1th regard to the second, he said, that although 1
he was persuaded that no difficulty would arise in the
adjustment of that point conformably to the views of
his majesty’s government, when the various articles
of a commercial treaty should be brought under dis
cussion, jet it was impossible for the American go
vernment to give an official recognition of that prin
ciple as a previous step, because there was no com
merce of any kind at present permitted by the daws
of the United States, td be carried on with France,|
or her dependencies; and that the question therefore
must necessarily belong to another state of things, or
remain to be adjusted by treaty. (
I The third condition Mr. Smithobserved,appeared
to him to veqmre no recognition, since it was evident!
that the interference of the government of the Unit-1
ed States could never be required by any of its citi- ]
zens for redress for »n injury sustained in conse
quence of a direct breach of the laws, and that in the
event of any such appeal being'made, the only an
swer given would be, that the government would im
mediately order the bonds of the petitioner to be put
into execution against him for a violation of the laws.
I He stated, however, that the circumstance of the
government of the United States stipulating that G.
Britain should be allowed to execute their laws.!
would I* degrading to the former and attended with
no advantage to thic latter.
I Under these circumstances it became my duty to
consider whether the spirit of your instructions would
be accomplished by my obtaining an official recogni
tion on the ps.it of this government of the first condi
tion, and an understanding respecting the two others
in conformity with the views of his majesty's gov em
inent, though not given in a formal tnunner (for rea
sons before detailed) or whether it was incumbent
on me to forbear from making any proposition, as J
could not obtain a cbmpliauce with the exact letter of
par insnuctiona. . •
Various considerations of -great weight urged me
to’endearour to bring about an Adjustment of the dii
feren:«s brtween Hie two countries, upon the points
entrusted to my disrreiiun, as far at it wae possible,
without departing frcm the orders I had received.
'Hie st r.mgeat inducement wan derived from the
cofmmnicatious which * had lately received from
, Mr. Smith; of tin dissat Action of the French mi
■Icter here the ftha-lntercoarse tet, the
Ciilart of which I have given in my No. ijL-puu
frt>9 the general aspect of the relations of ihtf4»nn
trjr With Great Britain and France, as detailed in me ‘
and I8».Jgd hi seme previous dispatches. .
• The circumiltSnee of the congrfM being about to
assemble very shortly, was another reason for wi»h^.;
mg sti# hate an amicable arrangement coDcliuled.1;
since the majority of both homes had pledged them
selves to s resistance of the restrictions upon mu'*
tralI commerce, if it could b? pointed against either
ot the two belligerent powers separately, and that it
was only oa account of the impossibility of successful'
effort being made, that they were prevented from as
sertmg their rights against both during the last sea*
. Al *his government thought that any long delay in. the
time for the renewal of the intercourse betwreu Great Hrb*
tiin and the United States would deprive such an ar anew
men! of many of itstnutual advantage*, and st I fully a treed
in that opinion, a day certain (the 10th of June neat)
accordingly fixed upon. . ... .
The notes which pissed between the secretary of state
and my?eif, and which 1 have now the honour to enclose
(nisrked Cl C S. C. 3 C<) will explain the course punts'
ed in the arrangr ment that was concluded
Should his majesty’s government consider that 1 have ex*
cee-.lvd the limits of my instructions in the enaagelicut I
have made on his majesty’s behalf, I am awate that no arly*» ’
tages which ra.glit be derived from it to Great Hi ruin,
could justify my conduct 9
]I tlieref .re rest my vindication upon the reasons detailed
In the for'going part of i his dispatch, Tor beli, vine that 1
have adhered to the spirit, and as faras i could, t» the letter
of my Ot .ers, but I place my chief reliance on the w-ll,’
orr^y °f hU majcMy in *PP,ferating the conduct -
*1 nclli aeg 'fcTe remark*that ,he •Tfnmt has -
sTandm. t! w"1 ^ P*r*n:w50" th« an amicable under. *
* I" be,''tk'[, bv ‘he special mission, and with*
'** P^°mo‘e »o desirable an object ►
or .i °U|j i,U"I,,|1CCIhI difficulties occur in forming a treaty,
doubt th hf"* e,'V”r ex,-ra"”,inaty findn aimt, f0,
i"1'1 rr.i:n,!'r deposition of the United States, it will
then rest will, hi, majesty to take such meam es as may bo
de.med proper, according to the actual state of thing, ,*
from In', “’"e no injury can be derived, 1 conceive- *
Tfoui that < odilttioGait agreement. 9
1 have th« honour to be 8cc. > $i
<Si«ned> o. M ERSKINE.
"‘J’ X—Despitch from Mr. Secretary Canning, to thw,
ct*o "?Tl(1 Erikine,dated foreign r-ffice, *2d May, 1-..09
•vmb a r|d*s,'>i*Chc*NoS- 1?aHd ?0- "f ,h* 19th and *
before the ft ^ here this d^’ «”<> «•*
to lioohv ,‘r' rOC,ci’in« h,s majesty’s commands
to, ignit) 10 you hi. m.j.sty’, sentiments on the raan.-.er ia
winch you hive executed the instructions conveyed to you
m my despatches by Mr. Oakley. 1 . "
It is much to be regrett-d that in t»e execution of In- 8
point? of so much de’iracy arid importance, *
you should hive thuutht yourselt author.sed to rfepa.t so *
only from their letter but from their spirit
W lth rrsp.ct to the iiKtrigRinns reining to the Chesa
peake, which form the subject efiny despatch No 1,1 hav«
toremirk, first, tty total omission by you, of a preliminary
the materl-1 lmIKir,a<ice | 2iiy, a departure Irons «■
the terms of your instructions in the manner of conducting
S e negotiation ; and 3dly, the admission by you, and, to
tar as appears, without remonstrance orobserv.uion, of a not* 1
containing expressions offensive to hi. m>j«sty’s dignity,
such as no minister or his majesty ought to have submitted
to receive, and to transmit to bis government.
1st, It is distinctly stated by me as the condition *f hi*
majesty s rm longer insisting upon the meal of the nrccia
„ y l807r ** a P,elirai,‘ r» to tlie adjustment
« t- ... ;?nc«»'■*•»« from the affair Ofthe Ohesapeake.'
«« *°*t ships of war of France, shall, in point of fic;,
nave beemexelutVd.from the ixuts «f the Unite*State!.*
€t *c ,,‘!'Cb sb,P,of that description as weie in those polls,
snaUhavt bte* *ar».td to depart **
v,,u hate taken nor notice
natever The non-ii.tetcou-se bill operated only to thu
prospective exclusion : but as tu the wanting to be given to
atiVshipsi.fwarofF.ance, (if such there were) it, the port*
tie Unitert butei, it no where appears that even a outs*
tion was put bv you on this subject, niucli less that y»a re.
ceiv« . ar*y satisfactory asurai.ee uyon it
Hut if this preliminary conn tian had been fu'filled.
your instruction* proceeded to stale, that even than, •« it *
»ur Ifiarri n tim.t -J j _ .. . 9
“ "°ul l Still he necessary rhat ’
c« ijt .r tiecessary that either the proclamation
«i«uld be withdrawn or its npr ration formally dr-elated to.
« - « ian ,hou«h't would be sufficient that such
« |WI,. aW* or <led»r«''•nshouid be reco ded in the same
ttistruinei c, or ai the same time with the terms of repa
rattvn. r
S» far from this indispensable condition having been ob- f
taincd by you, Mr. Smith in titer answer returned by him ftt
your note, studiously avid any thing like a recognition of
the principle on wli ch al.ae the demand oft!-* formal re
cal ot the proclamation was to be waved; neither i» she
proclamation itself withdiawn, nor its operation declared to
be s t an end . , #
The obvious consequence of this omission is, that if th#
n.in-uitorcouise act, which is a temporary act. was to b«
suttcred to expi.e, the proclamation might revive, and tha'
inequality between the two bciligeients be thereby restored!"
• It was obviously your duty, before you committed hi* J
J s y s name by a written offer of reparation, to ascertain -
u w at manner that off ,r would be received, and answered j
.1 if you .ound that the express condition cither of with. '.
rawing the proclamation, or declaring its operation to be •’
•tan end would not be complied with, to abstain from pro.
ceedmg one single step in the uegnciatiim until yon had rea>
lerren home f.rr further instructions.
1 hat pait of your instructions which directed that thi*
arrangement, if not made tiie subject of considerations
should be settled by the exchange of ministerial nows dtp
eJ on the same day, and reciprocally delivered at the cam*
time, was expressly intended to guard against the pessisilU -
ty of your enmmittiug yourself by awritten proposal, in th*
uncertainty of what might be the nature of the answer to bat
returned to it ,
mu majesty will not suppose that Mr. Smith's intended
answer can have been communicated to you previously, amt
have obtained your approbation.
liitfte proposal/nr restoring the men taken from on board
the Chesapeake, it, was not intended thSt the condition of*
hi., inaj sty’j right to reclaim them in a regular wav from tho
I American government, if either natural born subjects of hie
majesty, or dese-tert from Isis majesty’s service, should
have been omitted. I dwell, however, the less ois this
poiiit, as his majesty’s right in this respect, is founded on
publick law and does not require to be fortified by there
cognition of any other government. • y
But t cannot forbear observing with regret that the boon
ty °f his majesty, in the intended provision for the relations
of the men killed on board the Chesapeake, is not only
stated by you without a similar restriction, but is brought
l)(* u at oncB asa P*rt °f the reparation originally offered t
and thus converted by you from an act of spontaneous vene
rosity, into one of positive obligation. #
IfI" a<5J1ition tothe substance of Mr. Smith’s not*.
. 1 | * “1Te *'[«ady mentioned, it remains for, me Vo n*»
t.ce the expressions so full of disrespect to his majesty,with
which that note concludes. And l am to signify to you the
jlisplcasuro which Ills majesty feels, that any minister of hi*
majesty should have shewn himself so far insensible of what
is due to the dignity of his sovereign, as to havo contented
to receive_ and transmit, to be laid before his m«ctly,4.
note iu which such expressions were contained. \* , . . * ,
.lam, die. , ,
(Signed) t GEORGE CANNING. |
from Mr. Secretary Canning, to the hon.
David Ervkiuc, dated Foreign Office, Sod May, 1809.
Sir—1 proceed in thie dispatch to point out to you thos4
deviations from thcinittot lions conveyed to you in toy die
*'•>>*•> you havo unfortunately thought toon- ...
aeif at liberty to adopt, and of which 1 bare to express to
y«“rhw majesty’s disapprobation.'
, 1 do not dwell upon the singular and offensive etep f
Iton by the American government in publishing the whole '
pf the Coirespondence which had taken place between you
oil "* ^*P*r.'c*n *ernary of state; because his mjedfk
wilting twbelieve that yon cannot have been a parly to thig
publication : his majesty conceives H impossible that yaw
Should nave given your conseut to such a proceeding, c*.
socially tn respect to a transaction which you profrm Written
.eir to consider as merely “Conditional.”—But as theWub
ication appears to have taken pier* on (he l$th of A pril,
the day after the date of yaw dispatches, It teems dtflscoli