The Statesman.
London, England, 1810-01-02 00:00:00

'Ti

Majesty to he unnecessary to commend am to propose to the
Government °film United Statmany tonna 'agreement So be
substituted for that whit!' his Majesty has been coder the ne-
cessity of disavowiac; bet lam directed to reeeihe sad dis-
cuss w ith you any proposal whisk yes may be authorised to
me on this head.
As no disposition has hitherto been Aetna on your part to
make any such priposal, it has been impossible for me to
st.t.e by anticipation (nor was I instructed VW to do) what
might he (be arsweo that I should eventually think it my duty
toe return to ypo, consequently I could out base wadi with
that view the glokusent cotiudned in the 4th section of year
I let!cr, and the three subdivisions of it. Much a statement
would have been oTiviously inconsistent with the former part
Of my overture, .which you very correctly record in the 31 '
settings, viz, that: I was not instructed to make to yna any
proposall who ever upon this sithject. I must necessarily re-
I serve, mail I heat from you what proposals it may he deemed
proper to make on behalf of Cie Untied State., In slate in
how far they du or 4,1 not accord with the instructious which
it has pleased his Majesty to give me fur ray guidance in this
ilegocintion.
I will only add. Sir; in conclusion of this letter' that his
:dainty is very desirous of maintaining a perfect aid c.::dial
under-Linding with the Uoifed States, and of bringing to a
I complete rind satisfactory adjustment, ail the points oldiffer-
ence that have arisen between the two Governments ; cad
that. agreeing as I do with you, most heartily. as to the intr-
., rest which both nations have in fosteriug a mutual and solid
friendship and cordiality, no zeal or exertions shall he went-
' ins on my part to carry too effect his Majesty's cotansands-fur
i tam nowt salutary purpose.
I have t • lio.tour to be, with great respect, Sir, your
most obedient hu oble Servant, F. J. JACK:it/3i.
I 'rho Hon. Rupert Smith, &c. &e. &c.

MR. SMITH TO MR. JACKSON.
Department of State, Oct. 19, 1809.
•};—l have bad the honour of receiving your letter of
the lint hot. Before I proceed to the iisire material topics
which k embrace+. it is proper that I stioula take slime no-
tice of your cunstruction, which has unhuppily converted ap
. int imation it the expediency of conducting in a written form
our forth r discaolids on ntis particular occasion, into a gene-
ral prohibition of all verbal communications wliateeer, and
into an unprecedented violation of tiie mast essential rights of
a public ltillikter, rsquiring a formal protest and is resort le
the commaods of your Swiete.loi. .
A recurrence to that intimation casino! foil to show that its
sole object was to avoid, in the further disetooktos ofA case
of mongol deliency and importance. the saleetstiorptinus well
kaolin to be incident tivoral proceeding,. and of which the
daphonatic iutsrcourse between the ten Gorertnuents had
fit raisheil so many nod such serious papal's, nay of which your
letter itself is additiostal illustration. That a change in di-
plomatic discir,sions from qa oral to a writteu form, is not
without precedent ; I cannot 'refer to owe which will be more
satisfactury to you than the Causation receotif given by Mr.
Cnuaiag, 11l the case of the ',repos:ll by Mr. Pinclusey on the
subject of the Orders in Council and the Embargo, that the
discussing' which had been previously verbal, must thence-
forth take a o rotten form. And wits this view I take the li-
berty of recilliug jour attention to the subjoined extracts
(See A. and li ) of letters that pissed on that occasion.
On the present, non thatoccooon, the change from verbal
to written communications was requested slier two conk.
misers. and when the subject appeared to one of the parties to
have, by those verbal dirematom been brought to a point,
which required a precise underk;ading of the views and pro-
positions of the other.
you will, Sir, brute perceive, that in maintaining the
right, which every Gavernmeitt has as to the rules of inter-
course a ith farrago functionaries sear it, no encroachment
has been mailoisr intended on any right or customary privi-
lege belonging to you in that Character, nor any thing done to
impede the proper and 'vital course of negociatiou.'
You have been sufficiently npprised, by my letter of the
9th. of the light in which the President views the arrange-
ment lately matte by your predectosor with this Government,
and of the grounds on which he has expected a formal and
satisfactory explanation of the reasoto for the refusal of his
Britannic Majesty to carry it into effect. He persists is that
expectation, Mel hi the ',tannin, that there Isiu been given no
explanotion that is adequate, either iu to the matter or as to
the mode.
When one Government has been solemnly pledged to an-
other in us:bowl engagement by Its acknowledged and vim-
petent sweet, and mouses to UM the pledge, it is perfectly
clear that halves it, both to itself and to the other party,
to acemniouty its refusal with a formal and frank disclosure
, of sufficient reasons for a step, •hich, without such reasons,
must deeply injure Its own character, as well as the rights of
the party confiding in its good faith.
's 'fn fetus., with homier (says a high authority on public
law), to ratify what has been cooelud, it CM by virtue or 4641
power, it is necessary that the (iniarariscot shisald hare stow
aud solid reasons' and that hr show in particular that his Mi.
mister has violated his hotructitins."
A I•lioesh it is particularly incumbent on the Sovereign in
stwh case to shoo that his inocurtions have been violated, yet
it is tint a socre • iolation of them on insulates ial points that
viii be sufficient. It is intli-pensibly requisite, moreover,
th .t the reasons be strong .and solid ; that they manifestly"
nut weigh not only the general obligation to abide by what
has brim so done, hut at:m tlie,ilisappotionse.a and injury ac-
cruing to the other part). And it is worthy of notice, that
the rase tinder discussion is of a higher diameter, Awl bp-
i peak with greater solemnity to the honour and iustice of the
refilsbor, party, than the co,e stated in Vattel, inostinich as
the le.til.ketikii, Flaw disavowed, was not a treaty or conven-
tion to be ratified by both parties, prey ions to an elevation
by either. It had, according to the terms of it (and this pe-
cii:iarity appears to have been contemplated by your Govern-
I Otoni ), been actually and, immediately carried into execution
on the phrt sir America. The refit-al of his Britannic Ma-
jeaty is, inerefore, hot simply to ratify whit hod been ratified
by tee other party, but to carry into effect, on his part, an
arrangeineut which had been carried into full r Ifeet with good
Faith on the part of the 'United States. Now the case is
surest heard by •the further peculiarity, that soine of 'tire
circumstances attending the execution of. the arrangement on
the part of the United States render it unsoseeptible of a
full equivalent for the refusal to execute it on the other side,
It lids not escaped observation. that the obligation of your
Government to tender explanations no this occosion is admit-
ted by y. ur attempt to show that it has been sufficiently done
in what passed in conversation between Mr. Canning and Mr.
Pinckney, and by the instructions given to Mr. Ltskine to
communicate such explanations. With every disposition to
view in the most favourable light whatever may affect the re-
lations between the t wo countries, it is impossible to mistake
I the converstaions of those Ministers for a discharge of meh a
debt to the good faith and reasonable expectations of the
United States. Besides that they were mere conversations in
a case requiring the precision and respect of a formal cons-
' maaication, it is certain that it was neither understood bi,
Mr. Pinckney, nor intended by Alr.Ciufing, that those cau-
-1 versatioto were to be r..garded. Mr. Pinckuey is explicit on
ilk poke; and Mr. Canning himself, after declining to reca-
pitulate is writing what he had verbally reworked, notified
to Mr. Pieelintseie, in a letter dated May 2:, that his observe.
lions on the sub ct timid be nproperly
more made theriagi
the successor Mr. &Akin, who was about to prayed to
the United States.
With respect to the luerroetimus es this, point, given to Mrs
Erskine, it might be sufficient to retake, that they were,
sever carried into execution; but it may be asked, wisher
It was a mark of friendly respect to the United States to or
plait for such a purpose a Minister with whoa kisGoverameat
had thought proper. pebble! to withdraw its qadhloaserand
liositrl76sVer illicit el whose Musa..
e yourself refericil, as accounting for !limit has-
! tag istrcutealt.ie task imposed qua hint.
I mast here repeat. vs out was suggested in my former let-
; ter, tnat tae successor of Mr. Erskiiie is the proper timeliest-
ary for a proper explanaiian. Nor ran I perceive the force
1 of your remark, that the decay incident to your arrival in the
' United states rendered it ;.e consistent with tlic friendly
sets meats of his Majesty to press the other cnantwls for com-
municating the motives for his ditavowal. To your uscn re-
consideration I appeal, wh cb itt the course most consimatirto
those friendly semi:items, was not the iptiVi•ilt one of employ-
ing tile new own. guarding at the same time against any
misconstruction of the delay, by apprising the American Go-
'eminent, through its Minister, of the cause of it. The sup-
position that the debts/ incident to your mission gave rise to
the conversition lit 11 r.Cenning and Mr. Pinckney, is not re-
ciascileable to the correspciodence of the latter, • w hich eon-
' bans no such indication. Oh the contrary, it distinctly shows
that be was apprised of the intention to replace file. Eisele.
bye successor, whoa he regarded as the proper chamiel for
tine explanatory communications, that tit understood Mr.
Coming to brander the same impression, foul that he teamed
from yeurself, Dot more than two , eys after his conversation
w ills Mr. Can:glut, that you were to sail fur the Unitcedtkates
.
within three %seeks.
...
Although It may not have kali your intention to have lycol
to this sittlect a pasture which it wodld bet .lave autuinlly
assessed, yet such As heewthe IttPletscy of atone of your re-
marks, and particularly of the eancluvian you . have drawn
from toe two eirculastapcees-le!, That he trace of complalet
trite this Govethsheig apiest tie op ears am the
mesas of she Sottish nuilluo, or wits aaeadaced
by lee Input • lid !d! that f * die of twee-
sparkle* if iito With (implant, it %Tool
' • '• t. lebv• t
.o . .
• • •
•