Star.
London, England, 1810-01-02 00:00:00

VIENNA, PECEMI3ER 10,

tain.

F. is Imperial Majesty reached Presburg on the 4th, 1
• mo o'clock in the afternoon, in the best state of
rh. He is expected to return soon to his capital.
The Emperor having resolved to make some
changes in the Administration of the Council of
St..te, has suppressed the offices of Ministers of State
and. Conferences, occupied by Counts Zinzendorf,
Zia'', and Mellath, leaving them nevertheess in
pkcsession of the titles and salaries thereto attached,
until his Majesty shall save otherwise provided for
n

THE EVENING STAR,.

LONDON.

TUESDAY, JANUARY-2.
PRICE OF STOCKS THIS DAY AT ONE O'CLOCK
3 per C. Con& for opg. 7011—Red. 691-omnium St pr.
Exeheque Bills 75.10.. prem.

Of the documents relative to the American dis-
pute, we yesterday hid before our Readers Mr.
SMITII'S first letter to Mr. JACKSON, with Mr. JACK
SON 'S reply :—Mr. SMITH'S second letter is the one
given this day.

Private letters from Holland of the 25th ult. have
been received, but their contents relate merely to
commercial matters. The Douaniers dispatched
from France had not then reached the Northern
ports of that country, but were daily expected. The
Southern harbours already swarmed with them, and
the Dutch custom-house officers in that part of the
country, had been removed from their situations.
Some of the latter had been sent in custody to France,
either to undergo examination as to the discharge of
their duties, or to give their opinion on the best
means of preventing all intercourse with Great Bri.
The letters do not hazard any conjectopea es

the political changes about to take place in Holland,
but it was generally believed that a large force was
on its way thither to overawe the inhabitants, and to
secure the tranquillity of the provinces, under the al-
terations which it might be deemed expedient to'
direct.

It appears by French journals, of which we have
also received a large packet, but not of asore recent
dates than those from which we have already given
extracts, that the victory obtained by the French
over the Duke del PARQUEPS Army was not of
that complete and decisive nature stated in the for.
mer accounts. The action was not general ; the
rear-guard only of the Spaniards was engaged...l-
- fatal catastrophe at Ocana, according to the
French statement, was principally, if not solely, owing
to the misconduct of General AREIZACIA ; who, in-
stead of personally directing the movements of his
troops, is said to have perched himself in the church
steeple, from whence he issued his orders. •
Tlie same papers state that at the period of the
battle of Ocana, the British army had advanced as
far as Truxhlo, from whence it retreated in haste, on
hearing of the defeat of the Spaniards, We /maw
not how to credit this. By the last accounts from
iladajos, it was pet uptil the let ult. that a

#shi.

A.l

f ill of Ahmsakait's an lay, by dtiestanint
oi awn of the damp in case they advano
,need to tha Sierra.
Whatever may incite bun the 'Movements of ow
armi, the loss of these batdes, the fall of Gerona, and
the numerous reinforcements which are marching to
join the enemy in Spain, will soon render their retreat
from the Peninsulas matter of imperious necessity.
Indrict, if we may credit rumours that are current in
the military circles, the reinforceMent of 5000 men,
which was under orders for Portugal. has.been coon.
termanded—and the troops are to be sent to India.
If this last-mentioned circumstance be correct, see
may conclude that the mutiny in India is considered
by Government as of a very serious 'description; ar.d
it is far from improbable that Lord WILMINGTON
himself. may soon be sent out to our Eastern posses-
, stone to endeavour to restore tranquillity.

-

A letter from an intelligent person at Buenos Ayres
, given in a preceding column; is particularly desert-
', ing of attention. The great mass of the population
in South. America, seems to be decidedly hostile to
Or French Dynasty.
011•MINNIMMIMMIMI
, I:4 • - '•:` •
• THE ARMY.
We have at last to announce the arrival of the,
.sth Regiment, the rear-guard of Walcheren, in p
feet order, after the most disastrous and melancholy.
campaign which A!ritish troops, sufferei. The dread-
ful climate, andthe loan sustsiined in. the different
rencoanters before Flushing (which far exceeded those
of any other corps), have reduced this gallant corps
frOm 1100 to 384 ;• but many, sent home sick, have
retovered,..and are equally anxious, with their brave
comrades, to meet another campaign. It-must be
the source of the most heartfelt satisfaction to Colonel
PEATT, to find his• veteran regiment chosen from the
fine army which still remained in Virakheren to cover
the retreat. When the 50th Regiment embarked at
Flushing, the sth went through the ceremony of
shutting the gates, and delivering over the keys, ate.
to the Mayor, after which the regiment emits:Seed.

The funeral of Dr. ALEXANDER ADAK, late Rec-
tor of the High School of Edinburgh, took place
on Friday last. The procession having been pre-
viously arranged, proceeded from the High School,
up Infirmary-street, along 'Nicholson's-street and
Chapel.street, to the Chapel of Ease Church-yard,
the streets being lined the whole way by the Ro3 al
Mid Lothian Artillery and a regiment of Volunteers.
When the front of the procession reached the church-
yard, the boys of the High School divided within the
line of soldiers, till the corps and company passed,
'the whole uncovered. des the Magistrates and
Professors of the University who were in their robes,:
an immense number of G who had been his
pupils, of the first distinction, were present, to pay
their last reppects to the memory of the deceased.—
The healthful appearance -and orderly behaviour- of
above 600 fine boys, was highly gratifying to the nu-
merous spectators. The great bell of the High
Church tolled during the procession. This was the
largest funeral witnessed in Edinburgh,. for many
Tors:
CHRISTOPHER MAGNAY, Esq. has been unanimously
elected Alderman for Vintry Ward, in the room of
the late NAT. NEWNHAM, Esq.
Tuesday last the Marquis and Marchioness of BUTE
and family embarked at Southsea, Portsmouth, on
board his Majesty's ship Lavinia, for the Mediter-
ranean.
COVENT-GARDEN THEATRE.—Last night the Tra-
gedy of Romeo and Met was performed at this
Theatre. Of the Romeo of Mr. C. KEMBLE we have
had occason to speak heretofore ; and it is with satis-
faction that we perceived an evident improvement in
Mrs. CLitatz, whose Jufiet comprehended more discri-
mination and truth of character than we had hitherto
seen in the professional exertions of this Lady, much
as we have been accustomed to admire her. Theme.
nagernent of the Dirge was highly creditable to the
Theatre : it was both solemn and magnificent.
Last night abOut eleven o'clock a most dreadful .
fire broke out in the premises of Mr. Pocock, a coal
and timber merchant, at Whitefriars White, betweeri
Blackfriars Bridge and the Temple. In a few mi•
nutes, the whole of these extensive premises were in
flames, and they continued brirnhig until a late hour.
this morning, when the whole of their valuable cot
'tents, consisting of immense piles of coals and timber j,l
Were entirely consumed. The extensive range 41
stabling, belonging to Mr. Pocock, and several valu-
able horses also, shared the same fate.
the • greatest apprehensions were entertained ...for
the safety of the houses which surround the timber,
Cd, but we are happy to be able to state, that they
e escaped destruction, but not•without considera-
bledamage. The great heat which this immense body.
of fire threw out, prevented the engines from approach-
ing near enough to produce any effect. The terrine
blaze of light which issued from the conflagration illu-
mined the metropolis, and the country for several miles
round, and created so much alarm as to crowd almost
all the streets with people, who fancied the next
house to their's was in flames. Blackfriars-bridge
was impassable, on account of the immense numbers
collected there to witness the awful scene.

The damage done is estimated at several thousand
pounds.

•
The bugles and drums of several Volunteer Corps
sounded to arms on the first alann,and produced a con-
course of their members, who were actively employed
during the whole of the night in seconding the ear-
dons of the firemen.
Some apprehensions -were entertained for the Grand
Junction Canal Store-house ; and, even in the Inner
Temple, Aievetal engines were brought down to the
bottom of King's Bench Walk, under the idea that
the fire might possibly extend to that quarter.—Since
the burning of Drury-lane Theatre, there has been
40 fire in the metropolis of such terrific appeareace.

Y y

MI

Y,
Yesterday_ pot
_beck rot 14eieeffs *An Trnall at
'waltar.-Mired his a ISM dip MOW, nthe
Downs with a convoy ; and 's ship Phobe, seith 11
sere.ohip from the Balde, bond to la hy sok
terry winds ; this day ardeed Ms letjeafs clip reams, to*
the Tanning and Gibraltar. tO au** * the alsonsio-Wiwi tp,
bkers hash.
- PLYMOUTH AND PLYMOUTH DOCK, DEC. ft.
Arrived the Enoch bele privateer la Venture, prise to the
IlleDuSA Mgate, by who she was taken she sad bloat, og
Boardette, from which porgy the privateer sailed the
eight. She Is a very fine wee's', wen found in an bee stPVII
pierced for 14 gtrn bet had only to mounted, the other kw
being in her bola. Also 'arrived the Sas smolt ftigke, Ciptme
P.'V. Banes, from a crone in the Charnel; lathe Fence hind
caper, from of L'Orienc.-,-Ckme up bedews to refit, fAtot,t
hipte.-Salled the Eutectic sloop, with a wow of 110 egg •
oneheonnen and light
_Dampens, for the Downs.-.'PM M.
✓oar~ !4, which strived bere on Thersday From Bnietoi
kft &seethe Sapless, Christian 7th, Deakin, and V ot .74
pm east. aid Armide frigate. A web the Ind Sarno
they had rnewisoced very stoney weather for several days.
Came la dm Eleanor, Capt. KISTIERS, from fit. now,
with belt ht dile part; she bee been but live weeks =Mr verso
from Mae kW hack. Cow in the Union Cartel, Capt au;
I. ftwea MedidiAdo idoldss. Cart. Wstzza, from Leo* to
Onatift Berns; the Memor, Capt. QVIIIAT, frees Lab*
se in Whit: John *ld Satoh, Cape. HAM, 4V16 pa.
ageford,withpirostilles. Thelmted arrival et the Cesar, of
114 pus, was annuneed by
lineman 33.-The Shams Mite, the arrival et which I
Motioned yesterday, came bum of Boordent. cassis, ft
(241041.011 Friday night last, at twelve dela* abs WI in wryly
a 'Orli,' or ship on lire, assft steady boot to she wakes edge;
the Known lowend a boat, grad polled round her twice, *
could Doc learn who or what she was. This was cif Scilly his
4rneeceired to have Men 0 vend tilos br di, Imlay, and its
de ee, after having been plembeed.
PORTSMOUTH, l*C. le.
The Wished, Wlnehelsea, Earl Quad's, likfthistern, int
AMOS Sas blemmes, en their arrival beret are to tot•
board 044`4r646111‘ Mad Corn 'a MOP* 46
Cape* Cockburn Is sipoMW SO the M 40100104 Clgt. 4 T.
DillbY to the Tbible.
D. Rowbods, Ike. late Surgeon of his Majesty's ship Ante.
°Pe, is apperned to the Royal Willipm,Adroiral Sir IL Cords's
117.1.Z.-/tehing arrived of Nam today. Pp* down tog,
lielea's, the Tyrien sloop &war. Cunt into Marbeer, the tai
Zitsloop of war, and (kip rocket A* The Penny*
wP-gtree convoy instructions for the srezils,
DEAL, DECEMBER SL
Reendtt M tik Downs Ms Majesty's ships Princess Wilkie%
San Domingo, Ibis, Theseus. Courageoz, Andadenn.dbeekie
Mani,' Mssibsrftdis sivi Agh"lit 111.11 Pod I=
D miss *on and Pftfollit *tell Zoleirs
latedlian, dielles and Mina& sleep of war; t... •wArrner hod Peale
dos gua.brip-•.AnMed a fleet of tratupstul. basis 111041.5
Wind S. S. W.
• Jan. L-Arrived the %lOW sloop of war, with the Nee
uds Frau& privateer which she captured et Dungeon lest erer
lig, bid pa boot en men, and out from Boulogne three days,
and had made De arms. Caw down frost the Rivers tid
Ocean East Indium.
YARMOUTH, DECEMBER Si.
Sailed yesterday the Stately, Of 64 guns, Cirdn Diusdis, to
Sheerness, Ardent, 64, Capt. Honeystan, and Dietrist, 64, leit,
White for Portsmouth ; and Oriel sloop of war, for the Norm
mai
Arrived and sailed this matron for the Downs, the **kg
gate with two padmata-the other foug which she
from Flushing; have come Into this port. Whoa they cairn
the Whaderof the British forces were embarindeand lathe tits;
Wand. Sailed fee Dover witb trooPsftuunnesidsdisdasS4lWq
bilManay transport, afterrepidng hardeessom in
-I-Arrived the Sanousan, Karr, WO, and .
latter from Heliphind. • ' .•.
...
Ifftel /11"Swith s*s ties, is rtaiin riraiir
map;, and the Maria, from Fleablag, is herg
riche litornvcs, laden with spirits. •
JANUARY loa,ArriVed ibis mooning from** Bade, this De,
fence, 74 guns, with convoy, and the Earnest
the Sakpard gon.brig, for the Dowse-Art 14.
C. Armstrong, from Newcastle to Load" of tbsm. 41.1insiollidle
to be repaired; the Six Sisters, George Njornes, of
Amsterdam to London, with when and oats, ft•ons-11Ps;
Sand, leaky ; Twee Sisters, Hendrkit Prep)°, of Seihka, hos
Norway, with sundry goods, for .Antstenirm I sent *ill SO Dv
scree frigate ; the &Kroft, Chridoieber Gnat, from Whqrntre, it
ballast ; and the Defoe hiptv...,W.N.W,

TO ON

IDSCII4IIIIIL S..

•

HARWICH, DBC/31tARER or, .
Sailed . the king George Packet, for Gowan* ; rod *
Aucldvrid Pocket, (or Ildigolandorith Midis echo WM hut.
LLOYD'S ustr,
Dee. IL—Arrived the Suwon, Harries iltse
HO, Bober; add the Calypso, Wright, from Waterford.—MM
iflodrehea, Lindsay, for India; Brothels, Richer% and*
dbk, Stothard, for DOW ; Powderharn Castle, Dahl, for Lie•
bet 1 Southampton, Proctor, for Itlordnique turd Si. Themses;
Void. Woo, for Make; Jane, Stook, for Lisboa; Mary Aga;
fa" for Cork ; and the Repaid; Mohr, for Joao*.
I,43IiPAZT I.—Arrived the Ceres, Uses, hes Wassrford;
DM, Milbank, from Pbsi± ; from lisifrati
and the Dolphin, Willook, from * timt An•
makes, Nato. for fa:dm ; Postbemils, Orilble** *HA
I .
Barnett, Hubbard, for /maks.
ossuorocx,DlßCAlß
The Jean and As. C.Auveru,s, arrived Um yoterary
Newfoundland, after a plow of WIN% during grog odd
which she experienced very blowy do erge ddso
the coast of Portugal, and was jive days as bat balsa oak ad
edged to throw part of her cargo ovarboord.
The Elizabeth, Wilson, arrived same day RISSISSOSIMINIPI
after a passage of OS days. . , I •
Arrived yotoray, et PoroGirogoor_ tkeikildr,
bout Datagram 7* Mod thew U Nors• =
Thomson, bound for
LLiverpool, aid Oftiblp Hooolkon, Fad
' too, of and henna to embo, total fifths Bar, .to roll Io toe
day* order army of Ide bibiony's brig Damentra.
rZZi
_ Bum% had oat agrosid on Pae coming-a%
to Wilood, not wade sikimt all k 4rus-401411.111104,
would be dos the 211dNormahor. *On rite 11th Noe. least*
Louisa, Raid, of and from We port, Wool trelblalS4 lat. IL *
long. 57. 3. out Oh days, di wolL SW** irks tie
brig Ocean, from tounistilliollin‘ffirra Wolk_
The Tom Barry, •of this port, from Arad' Wane
to Liverpool, is drove Imo tsirrdl Roads, in Wales, with ths
kw of her Pasts. The Iffoliliod% Cog% of Wilton home
to St. Andrew's, N. B. I. lost is the Say d"lady. The Jenny,
Stewart, from &Andrew's, New Sionalleht• ebb Parc Ise"'
into Liverpool, with the km of hamt sod Wry •
DISTRIBUTION 411, naza.moszir.
The Childers, for the NoillbranfAilho Hoop, and.* Soto%
captured sth July, loft wet be , din Word as fourth's',
and recalled at Na 6, *Wit
The Almandrb, fore
a Dacembrr,
LOON will heartened at No. IS, Orom orri-Oolit, Wes*,
ster, foe dues mooths.
The 'lndigent, far to rArrobb. avilludre=l 11099
will be paid °a board the IP* se Israfal, in 4 14•• 14i
Cionott's Inn.
The Bluer, for the Forego% capered Wirth 27' lalSe wit
be paid on the.* JIWIST, rit No 14, Climeserlso.
The kaageom, for the Owns, orotorod Nov.." Neel 1111
be paid on boat tomorrow, *ll redaßok ot Nv• 70, Glue Res'
adhotroo, lihromsbory.
tessitrildsis.:l:4"..the lw=rveripmziod_
"6".!
at No. IS, Claws*

We are informed that seven passes in one foals
.in Marsh-street, Waltham:tows were taken ill, after
having eaten part of a pudding made of preal dried
peas...At is supposed that the poisonous ingrelient•
which caused the insets, was some preparation of
copper used to colour the peas.—Diliseut isquiry
*Wald be made into 'hi, Mimi affair

,

IMPORTANT DOCUMENTS,
p.ELATIVE TO THE DIFIZRZNCILS BETWEIN
GREAT BRITAIN AND AMERICA.
~,r.o.ssPoNDENCiiitTwlttly Tat 111111$11 mnuttta AND tat
AMERICAN sidastmeits, wins Accomrixitt Tat
PRESIDENT'S LATE !SWAGS TO cotditss.

IRE SECRETARY OF STATE TO MR: JACESONI ENVOY x.
TRAORDINARY AND MINISTER ELENIPOTIDITIARY
OF HIS ERITANN/C MAJESTY.

No. 11.— MR. SMITH TO MR. JACKSON.
Depsrtnient of State, Octobei 19.
ST it —I have had the honour of receiving your let:
tcr•of the 11th inst. Before I proceed to the More
rattrial copies which it embraces, it is proper that I
should take some notice of your construction, which
Ills unhappily converted an intimation of the expedi- '
ency of conducting in a written form our further dis-
cussions on this particular occasion into a general
erohibition of all verbal communications whatever,
anB into an unprecedentedviolation of the mostessen-
tial rights of a public Minister, requiring a formal
protest and a resort to the commands of your Sove-
reign.
A recurrence to that intimation cannot fail to shew
that its sole object was to avoid, in the further dis=
cussions of a case of unusual delicacy and impor-
tance, the misconcepsions well known to be incident
to oral proceedings, and of which the diplomatic In-
tercourse between the two Governments had furnish-
ed so many and such serious proofs; nay of which your
letter itself is additional illustration. That a change
in diplomatic discussions from an oral to a written
form is not without precedent, I cannot refer to one
which will be more satisfactory to you than the inti-
mation recently given by Mr. Canning, in the case of
the proposal by Mr. Pinkney on the subject of the
Orders in Council and the Embargo, that the discus-
:ions which had been previously verbal must thence-
forth take a written form. And with this view I take
the liberty of recalling your attention to the subjoin-
ed extracts (See A. and B.) of letters that passed on
that occasion.
On the present, as on that occasion, the change
from verbal to written communications was requested
*after two conferences, and when the subject appeared
to one of the parties to have, by those verbal discus-
sions, been brought to a point, which required a pre-
eke understanding of the views and propositions of
_ the, other.
You will, Sir, hence perceive, that in maintaining
the right, which every Government has as to the rules
of intercourse with foreign functionaries near it, no
encroachment has been made or intended on any
right or customary privilege belonging to you in that
character, nor any thing done to impede the proper
• and usual course of negociation.
You have been sufficiently apprised, by my letter
of the 9th, of the light in which the President views
the arranement lately made by. your predecessor
with this Government, and of the grounds on which
he has etpected a formal and satisfactory explanation
of the reasons for the refusal of his Britannic Majesty
to carry it into affect. He persists in that expecta-
tion, and in the opinion, that there has been given
to explanation that is adequate, either ao, to the
matter or as to the mode.
When one Government bas been solemnly pledged
. :to another in a mutual engagement by its acknow.
• ledgeil and competent agent, and refuses to fulfil the
pledge, it is perfectly clear that it owes it, both to it-
self and to the other party, to accompany its refusal
with a formal and frank disclosure of sufficient rea-
sons fOr a step, which, without such reasons, must
- deeply injure its own charaCter, as well as the rights
of the patty confiding in its good faith.
," To refuse with honour (says a high authority on
public law) to ratify what has. been concluded on by
virtue of a full power, it is necessary that the Go-
vernment should have strong and solid reasons, and
that he shew in particular that his Minister has vio-
lated his instructions."
Although it is particularly incumbent oh the Sove-
reign in such case to shew that his instructions have
been violated, yet it is not a inere violation of them
on immaterial points that will be sufficient. It is
dispensibly requisite, moreover, that the reasons be
strong and solid ; that they manifestly outweigh, not
only the general obligation to abide by what has been
so done, but also the disappointment and injury ac-
cruing to the other party. Arid it, is worthy of no-
tice, that the case Under discussion is of a higher cha;
ratter, avid appeals with greater solemnity to the ho-
nour and justice of the refusing party, than the case
stated iii Vattel, inasmuch as the transaction, not:
disavowed, was nbt a treaty or convention to be ra-
tified by both parties, previout to an execution by
either. It had, according to the terms of it (and this
peetiliarity appeal.: to have been contemplated by,
pout Governinent), been actually and immediately
carried into execution on the part of Atnerica. The
itfasal of his tritannio Majesty is, therefore; nut
simply tb :nay what had been ratified by the other
ilanysbut to carry into effect on his part, an atrange."-'
rnent which had been carried into full effect with
good faith oil the of the United States. . Now
the case is strengthened by the further peculiarity,
that Rime of the circumstances attending the execu-
tion of the arrangement, oh the part of the United
States, render It unsusceptible of a full equivalent for
the refusal to execute it on the other side:
It has net escaped observations that the oblirratioti
of your Government to tetider explanations on oc-
casion, is admitted by your attempt to shew that it has
been sufficiently done in what passed in conversation
between Mr. Canning and Mr. Pinkney, and by the
iastroctions given to IVlrbErskine to communicate such
expiaoations.
With every disposition to view in the most favour-
able light whatever may affect the relations' between
the two 'countries, it is impossible to mistake the con-
wrsatioits of those Ministers for a discharge of such
a debt to the good faith and reasonable expectations
of the United States. Besides that they were mere
;:nnversations in a case requiring the precision and
respect of a formal communication, it is certain that
it was neither understood by Mr. Pinkney nor intend-
ed by Mr. Canning, that those conversations were so
t) be regarded. Piohoeyis explicit on this point—
and Mr. Canninspintudif, after declining any reca-
pitulation in seat he had verbally remarked,
signified to Mr.. in a letter dated May 27th,
that his abeerimeions on the subject would be more
ProPetii node through the successor of Mr. Erskine,
who WAS about to proceed to the United States.

tAiiii6lllllll2l446fdirly=

:~

•-^ - •

. .
With 49ect to the iettenttioes os this point I '''
eats pat it t'ooitt of his • ' • • •
to Mr. Erskine,' it misfit be snificiett to reale* thilt Osier to confirm any
they were never earned into execution; bee-it any '.,.
act tent amhtg *mi. .
• • May have been iceir iMention in this
be asked, whether it was a Mark of friendly our conversation ; or whatever may be the in-
to the United States to employ for such a fiart=4* - -
. .
the pasiage to Which I have juin alluded, I
Minister with whom his Government had re now the honour of signifying to Toil, that I am
proper publicly to withdrase its confidence, antrio authorised to rekeive in a' proper form whatever ex-
the peculiar delicacy and embarrassment f whole prick explanationf you may choose to make with re•
situation yon have yourself referred, as accounting 'Oct to the grounds of this part of the disavowal -.
for his not having executed the task imposed upon and without inquiring whether your authority be cli.
him. .
I must here repeat, What was suggested sn• rivedfrom histructionsthat have been additased to you r.
rnY self, or that bate devolved on you as the Successor of
former letter, that the successor of Mr. Erskine is the Minister who had declined to execute them.
the proper-functionary for a proper explanation. Nor As yonhave, at the same time, been pleased to say
can I perceivethe force of your remark, that the delay that his Britannic Majesty had authorised you to re-
incident to your arrival in the United States rendered, new the offer of satisfaction which Mr. Erskine
it more consistent with the friendly sentiments of his was instructed to make, it was also naturally expected
Majesty to press the other channels for communicat- that you would in your ledtter
have stated with preci-
ing the motives for his disavowal. To your own re- sion in what that from the reparation
consideration I appeal, which i s the course most con- solemnly tendered by Mr. Erskine, and accepted by
:errant to those friendly sentiments, was not the oh-, the United States, and that you would have shewn
vious one of employing the new organ, guarding at in what the reparation thus. tendered differed from his
the same time against any misconstruction of the instructions. And when I had the honour to tact-'
delay by apprising the American )overnment through mate that order to avoid the misconceptioni incident '
its Minister of the case of it. The supposition that to oral proceedings, it was thought expedient that our
the delay, incident to your mission, gave rise to the father discussions on the present occasion should be
conversation of Mr. Canning and Mr. Pinkuey, is in the written form, there was no part of the subject
not reconcileable to the correspondence of the latter, to which that intimation applied with more force than"
which contains no such, indication. On the contrary, the case of the Chesapeake ; none on which it was
it distinctly shews:pat he was apprised of the ince*. tfitlre desirable to avoid misconceptions, and obtain a i
tion to replace Mr:Erskine by a successor, whom he precise knowledge of the propositions which you were
regarded as the proper channel for the explanatory authorised to mate, not only because I did not really
communications, and he understood Mr. Canning to understand the particulars of the offer as distinctly
be under the same impression, and that he learned as you seem to have supposed, but also because, on
from yourself, not more than two days after his con- that point, and on that alone, y9u had expressly stated I
versation with Mr. Canning, that you were to sail for that you had propositioni to make, andahat you were
the United States within three weeks. authorised to carry them into immediate execution.
Although it may not have been your intention to. On the subject of the Orders in Countil, the Presi-
have
given to this subject a posture which it would dent perceives with sentiments of deep regret, that i
not have naturally assumed, yet such has been the your instructions contemplate neither an explanation
tendency of some of your remarks, and particularly of the refusal of your Government to fulfil the
of the conclusion you have drawn from the two car- arrangement of that branch of the existing diffe-
cumstances, Ist. That no trace of complaint from this reams, nor the substitution of any other plan or ad-
Government against the disavowal appears in the re- instment, nor any authority to conclude any agree
cords of the British mission, or was distinctly_an.. imeat on that subject ; but merely to receive and dis-
flounced by me in our conferences ; and 2d. That cuss proposals that might be made to you on the part
from the official correspondence of Mr. Erskine with of the United States ; and these it appears, must in.
his Government, it appears, that although he did not dude a stipulation on the part of the United States
communicate in extenso his original instructions, be to relinquish the trade with the enemies colonies,
submitted to me the three conditions therein specified even in branches not hitherto interrupted by British
and received my observations on each. Orders for capture, and also a sanction to the en.
If there be no trace of complaint against the din, forcing of an act of Congress by the British navy.
avowal in the archives of the mission, it is because Were the way properly opened for formal proposi-
' this Government could not have entered such can- tions frora this Government, a known determination
plaints before the reasons for the disavowal had been on the part of his Britannic Majesty to adhere to such
explained, and especial-Las 'the explanations were' extraordinary pretentious, would preclude the hope
justly and confidently expected through the new func- of success in such advances, whether regard be had
tionary. And as to the supposed reserve on my part to the conditions themselves, or, to the disposition
on this subject in our several conferences, I did ima- they indicate, in return for the conciliatory temper
gine that my repeated intimation's to you of the ne- which has been evinced_by the United States.
cessity of satisfactory explanations as to the disa. As to the demand in relation so the colonial trade,
vowal were sufficient indications of the dissatisfac- it has been the less apprehended, as it is not in itself
tion of this Government with respect to the disa• connected, nor has it ever before been brOught into
vow-al itself. connection, either with the case of the Orders in
The stress you have laid on what you have been Council, or with that of the Chesapeake. And it was
pleased to state as the substitution of the terms final- reasonably to be presumed, if the idea of such a con-
ly agreed on, for the terms first .propOsed, has nzglt dition had •In the 'first Instance proceeded from the
ted no small degree of surprise. Certain it is that' erroneous belief that it was not objectionable to the
your predecessor did present for my consideration United States, that it would not have been persisted
the three conditions which now appear in the print- in after that error had been ascertained and acknow-
ed document ; that he was disposed to urge them ledged. -
more than the nature of two of them (both palpably The other demand could still less have been a,
inadmissible, and one more than merely inadmio.si. hended. Besides the inevitable and incalculat.
ble) could permit, and that on finding his first Pro- 'abuses incident to such a license to foreign cruisers,
posals unsuccessful, the more reasonable terms COrn- the stipulation would tcSuch one of those vital printi.
prised in the arrangement respecting the Orders in pies of sovereignty which no nation ought to have
Council were adopted. And what, Sir, is there in been expeeted to impair. For where would be the
this to countenance the conclusion you have drawn difference in principle between authorising .a foreign
in favour of the right of his Britannic Majesty to Government to execute, and authorising it to male
disavow the proceeding ? Is any thing more corn- laws for us ? Nor ought it to be supposed' that the
mon in public negotiations than to begin with a sanctions and precautions of a law of the United
higher demand, and, that failing, to descend to a States, in the cases of the prohibited trade in question,
lower ? To have, if not two sets of instructions, two would pro.? inefficacious for its purposes:
or more than two grades of propositions in the same Had none of those obstacles presented themselves
set of instructions—to begin with what is the most, to the course corresponding with the sentiments and
desirable, and to end in what is found to bestdmis: dispositions of the President, I should have felt great
' sible in case the more desirable should not be at- pleasure in giving you formal assurances of his readi•
tainable. This must be obvious to every understand- ness to execute the conditional authority with which
ing, and it is confirmed by universal experience. he is invested for reclining in its full extent, as far as'
What were the real and entire instructions given it may depend on the United States, the commercial
intercourse of the two countries, and that he would,
to your predecessor, is a question essentially between
him and his Government. That be had, or at least, \ moreover, be disposed to extend the experiment of a
friendly negotiation to ever) point of difference and
that be believed be bad sufficient authority to con.
elude the arrangement, his formal assurances, during of mutual interest between them. If, indeed, in the
our discussions, were such as to leave no room for event of a successful termination of what relates to
donbt. His subsequent letter of the 13th June, re- the case of the Chesapeake,,
.it be thought that a re-
newhig his assurance to me, 4, that the terms of the moral of the difficulties arising from the Orders in
agreement so happily concluded by the recent nego- Council might be facilitated by comprehending them
nation will be strictly fulfilled on the part of his Ma. in a general negotiation, and the operation of the
jesty," is an evident indication of What his persuasion Orders cat's in the mean.time be suspended,. the door
*then was as to his instructions. And with a view to - might be considered 'as immediately Open to that
chew what his impressions have been ever since the course of proceeding: . •.: • -. .
disavowal, I must take the liberty of referring 'you; ~. To such A suspension no .reasonable objection can
to the annexed extracts (See C.) from his officiaille-i be made, if, as you have stated, .the. Orders in Council,
tens of the 31st July and of the 14th of August.. ..as now modified, leave the trade of the United States
The declaration 4 that the dispatch fromlfr.Cank ,nearly as great as it would; be without the existence
ring_tb Mr. Erskine, of the 23d January, is the only of such Orders,- so 'long 'as France and the other
dispatch by width the conditions Were-prescribed to powers shall tontine their decrees, and inasmuch as
Mn Erskine for the conclusion of an arrangement on a discontinuance of their decrees by those-powers
the matter to which it relates," is now for the first confessedly requires an immediate and. entire revoca.
time made to this Government. And I need hardly • tion of the Orders in Council. • •--
'add, that if that dispatch had been communicated at, . That a suspension of- the Orders, with a view to
the time of the arrangement, or if it had been kriown
°their being brought into a • general negotiation, is
that the propositions contained in it, and which were more reasonable than a temporary submission to their
at first presented by Mr. Erskine, were the only ones authority by the United States with that view, is ob-
on which be was authorized to make an arrange- *ions from the reflection that such a submission would
anent, the agreement would not have been made. necessarily involve a relinquishment of the principle
As you have disclaimed any authority to offer ex- which they have stedfastly asserted, whereas a dis-
planations for the disavowal—as you have been will- continuance of the Orders in Council, in the present
ing to ascribe the want of such authority to the con- actual state of things, would not.be incompatible with
sideration that other channels had been preferred, arid the principles on wbich they were originally tounded.
as you have even considered the circumstances under This principle IVlts, as you well know, the necessity
which the arrangement took place to be such as of retaliating, through neutral., injuries received
could only lead to a disavowal, and therefore as sus- through a violation of their rights by another Belli-
vac • the necessity of any explanation whatever, ,terent. In the actual state of things, and under the
kisto be regretted, that you bad not deemed it pro- actual modification of the Orders in Council, pro-
%pee to render precise and explicit, that part of your duced by it, it is admitted by you, that the Orders
letter which seems to imply that you bad in have no practical effect in abridging the.commerce
the affair of the of neumals, and cm of course have no retaliating
our conversations, in relation to
Chesapeake, following the words of your instruc- effect on the other Belligerents.
only the m
tions, held out not ewer an which the Although it cannot be allowed to be true that the
been acceZ but even the form Orders in t crancil are no longer injurious to the com-
reparation had , as warrantillg his metre of the: United States, it is certainly true that
in which it bad been ten
ting the offer ci reention, they produce no degree of injury to the enemies of
Majesty in even retrac _ _
ober,* _
by a re- Great Britain that can countenance the retaliating
and that you had elucidated the Zit
at
all
, pies
__, _
vdin
support
of
them.
ference to the particular ormolu r ail tk)
.

,:

. '

i

••• ,
What,. Pima k
actually accruing to
her retaliating Orders\ —..ese Orders
ap now modified, and* tin* into *se w
alcing with them the pro
'ibis country
in retition to France, the eliental ice between
their repeal and their , existence consists in thisthat
in the case of their repeal, as pledged by the trrange-,
menu of April; the trade of the United States might
• be carried on directly with the porti of Holland, whilst
during their existence, as at present, it is to be carried
on through the contiguous and neighbouring ports:
To your own calchlations, Sir, I submit whether the
inconsiderable effect of this circuit on the prices in
Holland and in the countries supplied through her;
can any longer sustain the plea of inflicting distress
on an enemy, or palliate the injuries done to a friend
by a proceeding so contrary to his sentiments of jos:-
tice, and which subject his regular commerce not
only to inconvenient channels, but to all the abuses
which may result from' the suspicions, real or pre-
tended, of interested cruizers. You cannot but. be .
sensible, that a perseverance under such circumstances
in a system which cannot longer be explained by its
avowed object, would force an explanation by some
object not avowed. What object might be considered
as best explaining it, is an inquiry into which I do
notrermit myself to enter, further than to remark,-
that in relation to the United State% it must be an
oltect.
ft-remains tifi make a few observations which are
due to the jnit interests of the United States, and
which are invited by yours, relating to the Orderi in
Council of May kit. , •
You seem to consider that measure as comprising
the utmost precaution that was in the power of his
Biitannic Majesty to take, for preventing losses, from
hlf disavowal of the engagement of your predecessor
to the citizens of the United States, who had resum- ,
ed their commercial pursuits oh the faith of that act.
Without entering into a full view of the inade-
quacy of the Order in that respect, I take the liberty
of pointing out the following instances ;n which it
falls essentially short of its declared intention.
1. The Order does not provide for the important
case of vessels returning with cargoes from the ports
of Holland:
2. The etemption from interruption of vessels
bound filom the United States to Holland was re-
stricted by that eider to such as should have.depart-
ed prior to the 20th of July, at which date it is not
certain that the Order, which was not officially com-
municated until the 31st of that month, had even
reached any one point of the Unite,d States. So that
some 'vessels may have sailed between. the limited
date and the arrival of the Order in the United States,
and many fiorn distant ports must have done so after
its arrival, but before a knowledge of it had become
general ; all proceeding on the faith of the arrange-
ment, yet all left by the Order exposed to capture
and condemnation. •
3. '

At:coffin to
Keediostiii4

The Order does not prrivide for the itnportant -
case of vessels which had sailed qu the bite faith for
Dutch ports other than those of Holland.
4. It does not include in its proviiioni the extensive
riessels;:going indirectly from the Iluited States,
but directly fiom.foreign ports to Holland, nor ves-
sels trading entirely frOni Foreign ports to Holland ;
and in both theie instances proceerling on the faith of
the arrangement prolessed to be respected within, the
defined period. •

It is true; in s these t instances the vessels were
• ti
not to be captured Vithbuf' an attempt, after contrary
warning, to groceed.to these ports. But I need not
remind you that the injuries incident to the delay and
to the breaking up of such voyages cannot have been
considerable, and will have resulted as manifestly
frOm the disappointed faith in the arrangement, as in
the cases specially provided for, and consequently
with all other losses fairly resulting from the same
handfuls confidence in that act, they will fall within
the just indemnification for which the principle, as.
sumed in the Order, is a formal pledge.
I conclude, Sir, with pressing upon your candid
attention, that the least which the President could
have looked for in consequence of the disavowal of a
transaction such as was concluded by your predeces-
sor and carried faithfully into effect by this Govern-
ment, was an explanation from yours of the disa.
vowal, not through the Minister disavowed, but
through his successor—an explanation founJed_on
reasons strong and solid in themselves, and presented,
neither verbally, nor vaguely, but in a form comport.
ing with the occasion, and with the respect due to the
character and to the good faith of the disappointed
party ; that it has been found with much concern and
with not less surprise, that you are charged with no
such explanations ; that you have apparently wished
to bring the subjects which have been formally and
definitively arranged into fresh negociations, as if no
such arrangement had taken place ; that one of the
cases. thus slighted, viz. that of the frigate Chesa-
patio is a case for which reparation, not denied to
be due, had been previously so long withheld, or
rather in which the aggression itself has been spun out •
to the present moment, by the continued detention of
the mariners; whose seizure, making a part of the
original hostility committed against the American
tijgateensustbe regarded in a light analagous to a
continued detention of the ship itself ; that in the
other case, viz. that of the Orders in Council, you
aft not authorised to tender explanations for the dis-
ayowal, or: to propose any new arrangement, nor to
conclude any agreement but solely to receive and dis-
chss propositions which might be made to you, not
concealing, at the same time, that, to be satisfactory,
they must include two conditions, both inadmissible
—one altogether irrelevant tb the subject, and the
other requiring nothing less than a sm render of an un-
alienable function of the national sovereignty.
Notwithstanding these repulsive considerations,
such is the disposition of the President to facilitate a
final and comprehensive accommodation between the
two nations, that tie is ready, as I have already had
the honour of signifying to you, to favour any mode
of bringing about so happy an event that may be
found consistent with the honour and the essential
interest of the United States.—l have the honour to
be, &c. (Signed) a. SMITH.
The Hon. Panels James -Jackson, &c.
(To he cordinutd To-morrow.)

I

The Unity has arrived at Falmouth from Malaga,
after the short passage of 17 days. She has brought
very few letters, and they contain nothing of impor-
t mat.


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