The National Register.
London, England, 1809-05-28 00:00:00

so contrary to good faith as to reduce a party with vho►n we
are bargaini►►; to his lowest possible terms; under_tl►e under-
standing that we, upon our part, are meeting hint with reit-
soaable concessious,, and then suddenly having loarned how
tic- he will go, to break off all further Treaty.
The result of these principles is, that it must ,be a very
extrtine case which could justify such a refusal to ratify,
because in all ordinary cases such a refusal is a breach of
faith—and is moreover calculated
.to. do infinite mischief,
inasmuch as it impairs the ordinary means of political inter-
course and of amicable settle►nent.

The question before us, therefore, is, whether there-is
such an extreme case in the circumstances of Mr. ERSICINE'•••
whether he has evidently not only exceeded his instrucft
Lions, but exceeded;them in such a degree—so palpably, and
so excessively, as from the evident necessity of the case to
justify and oblige his Government to disavow his individual'
act. This question cau only be tried by the production of
the correspondence, and the American papers scarcely givo
.it at sufficient length to warrant any positive deduction.
To confess the- truth, as far as we can judge from the
notes contained in these papers, we can really see no?
thing which could in any way require such a disavowal.
As far as the correspondence goes, it seems neces-
.sarily to restdt and to accompany the concessions and
explanations of America. These notes 'are six in num-
ber. In the first, Mr. ERSKINE states in substance, .that
his BRITANNIC MAJF.STE was willing,to make an honour-,
able revaration of the affair for the Chesspeak, and that to
make tWs reparation he waited only the passing of certain
Acts by the American Congress, which should prp.duce
state of equality iu the relations of the two belligerents
with respect to the United States. • ,
_ _ _

The third passage of this Note, as it is paragraphed in the
American Papers, is important, inasmuch as it most pro-
bably contains the point on which Mr. Easaixa is stated
by the Government at home to have acted contrary to their
instructions.—" Considering the act passed, by the Con-
gress of the United States, on the Ist. of March,, usually
termed the Non-Intercourse Act, as having produced thit
required state of equality, I have to submit, &c. that
in addition to the prompt disavowal of the unaullon
rise 4 act committed by Admiral BERKLEY, and the recall'
of that Officer from an important and hcoottrable command,
his MAJEsvir will RESTOS: E retc MEN forcibly taken ovt of
the Chesapeak, and make a suitahla provision for die un-
fortunate sufferers on that occasion."

,There are two points worthy of observitiott in this Note.
In the first place, MS. EasitiNEtakes upon himself' tarcon-
sider the tion-IntereourSe Act ay having estahlisheil-those
relations of equality, upon the occurrence of which he was
Instructed to make the concessions above.mentioned. 'Chia
is the point upon Which' EnsaiNi is cimlsillcred-by that
Ifinistry at home as having departed fron his insfrUctioas:
The point of fact seems to be, that Mr. ERSKIN iastroer
Lions were conceived in the general terms in *llia he 'hat
stated tlieiu, and that be took upoalhintSelf to theni
to the particular act. It ceitaioly not very clear t a

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