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

TO THE NOBILITY, CLERGY; GENTRY. AND
PREEItOLOERS OF TILE COUNTY OF ESSEX.
tietcrLtsteri,
THE Death of your late worthy and respecta-
ble Member, Colonel Bullock, having occasioned a
vacancy in our Representatinn, I beg. leave to oder myself
as his successor.
Should I be so fortunate as to base this distinguished ho-
nour conferred ou me, I will do my duty to the beat of my
I should have troubled you with an earlier application, hut
the news of this Melancholy event did not reach we at Wey-
mouth till Saturday last.
I have the honour to be, Gentlemen,
Your most faithful humble servant. •
.110,iTAGU BURGOYNE.

Linn to the revocation of the British Orders in Council'; but
only to receive 'orbits this Governmentally deems it proper ta ,
make to you.
4th. That, at all events, it is not the disposition or the lam
tention of the British Government to revoke their Orders in
Council, as they respect the United States ; but, upon 3 firr-
mill stipulation on the part of the United States, to accedd to
the follow rig terms and conditions, via."
I. That the Act of Congress, cornaimily called the New.-
Intercourse Law, be continued against France, eu lung As sae
shall contioue her decrees.
11. That the Navy of Great Britain be authorked to aid in
eutorcing the provisions of the said Act of t;oagtess.
111. That toe !Anted States shall explicitly renoance,
ing the present war, the right of carrying on any trade what-
-ever, direct or indirect, with any colony of any enemy of
Great Britain, from which they were excluded during peace;
and that this renunciation must extend, not only to. the trade
between the colony and the snothercountry, but to the trade
between the colony and the United States.
If, in the aforegoing representation, it should appear, that •
I have in any instance misappreaended your meaning, it *ill
afford me reftb pleasure to be enabled to lay before the l'resi-
i:s.a a statement, corrected agreeably to any suggestions
with which. you may be pleased to favour me.
To avoid the miscoaceptious incident to turn proceeditro, 1.
kave the hoirour t intimate that Ilia thee* reediest tbal
Hoar furskpe dircessisairesesstise Tiaiellfireerasiee, be in the
written Oro. And wick greet sincerity 1 aware yon, that
Whatevertommooicatiass yea may be pleased thus to make,
will be received with ea amines sMicitude au. tied them stick
so iflay,leart to a speedy removal of every existing (Attack
to that mutual am. d lasisog friendship and cordiality betbeeti
the two nations, which it is obviously the interest of bath to

With the highest consideration, &e.
(signed) x. SML'tff.
The Hon. Francisliatires Jackson,. &c. &c.

MR..JACKSON TO MR. SMITH.
Washington, -11th Oct. 1809.
Si a-1 have had the honour of receiving your oWeiat letter
of the oth imo. towards the close of which you inform row,
that it had tire) thought expedient to put intend to all verbal
communication between yourself and use in discussing the im-
portant:objects of my mission. Considering that a very fear
'days havevelapsed shire I delivered to the President a creden-
tial letter fram the King my Master, and that nothirtg'has bemi
even alleged to have occurred, to deprive me of the facility
cif access, of the credit to which, according to iintuetno-
rial usage, L ant by that letter entitled, I believe there does
isiat exist in the annuls of diplomacy, a precedent 19r suck te•
determination between two Ministers who have tact fur the. ,
avoaed purpose of terminating amicably the existing differ=—
ewes bet e reit their respective countries: but after mature re-
flection, I am induced to acquiesce in it by the recollection
of the time that Must ueilessarily elapse before l can receive
4eist Majesty's commands upou so unexpected am occurrence,
and of the detriment that world ensue to the public service' if
my Alinisterial fuuctions were, in the interval, to be alto-
gether suliended. 1 shall therefore cooteet myself with en-
tering my protest against a. proceeding which I can consider
in nu other light than as u violutitto, in my persbn, of the"
most essential rights of a Public Minister, w nest adopted, as
in the pree. t case, without any alleged misconduct en his part.
As a matter of opinion, I cannot, I own, assent to the prefer-
core which you give to written over verbal bitercourse for
the purpose of mutual explanation and accommodation. I
have thought itdae to the public character with which Phase
toe honour to he invested, and to the contideuce which his
Majesty has most graciqusly been pie teed to repose in raeuto .
state to you unreservedly my sentiments on this point.
shall 1)0w proceed to the other parts of •your letter, and ap-
ply to them the heat coinsideratiost that can arise flout a zeal
proportioned to tar increase of difficulty thus thrown In the
stay of the restoratloir of a thorough good anderatanciaig be.
(wen our respective countries. •
You state, Sit, very truly, that an arrangement had heed
made between you and Mr. Erskine, and that his Alajesty had
alosegittairoper to disavow Use agreemeat.
vavitizi
I have, here in the outset, to regret
s ishthe
loss
h 4 a
ssof
thee advert.
tage of verbal iutereourse with y
myself of it to inquire whether by ;your statement, it were
your ititeetion to complain of the disavowal itself, or of a -
total want 'of explauation of it, or of the circumstartee of
that explanation nut having been made through me. a ob-
serve, that in the records of this mission there. is no trace of a
complaint, un the part of the United States, of his AlajestY
having disavowed the act of his of inistor. You have not, in
the conferences we have hitherto 'held, distinctly aunounced
any such contpittint, and 1 have seen, with pleasure, in this
Itirlteartnee tot dour part, a:finstance of that candour,
doubt not, wilt prevail in all cur communications, Mos-
ul:ten us you could not bel have tnou;ht it mire:amiable to
complitia of the disavowal of an act, done under such cir-
cumstances, as could emly lead to tile conseqnences that have
actually followed.• '
It wits not knoWif when 1 left. England, whether Mr. Er- •
liaise had, aciatediug to the liberty allowed him, communi-
cated to you in e.rtenre his original instructions. It now ap-
pears that He did a nt. But., an reverting to his official cor-
respondence, and papa. Warty to a dispatch attdressed, on time
Otit of April, to hie Majesty's Secretary of State for Fo-
reign Affairs, 1 bud that lie there . states, that be had sub-
mitted to your consideration, the three couditinns specified
inatiosse instructions, as the ground-work of an araingement
which, according to information rectfived from this country;
it was thought in England might. be inade' with a prospect
of great mutual advantage. Mr. Erskinellien reports verba-
tim el seriatim your observatiuns upon each of the three ccin•
ditions, unit the reawnu which iudured you to think that
others -Might be substituted in lieu of theta. It tnnY have
been concluded berpeeu you that thee letters were an equi- '
valcut fin the original coatditious; but tog very act of stab.
stitutitin evidently shows that those original couditions were,
in fact, very explicitly communicated to you, and by yea, of
course' laid betnre the President fur has tonsideratites.
• need hardly add, that the difference between these condi-,
timer and those contalaed in the arrangement of the 18th and
19th April; ii Sufficiently obvious to require no eliscidation;
'nor need I dean the conclusion, which I consider admitted
by all abseate of c inplaint, tin the part of the American
Government viz. that under such circumstances, his Majes- •
ty had au undoubted and incontrovertible right to disavow
the at tof his Minister. I Must here allude to a suppositing,
,which yoti have more than once mentione4 to me, sad
which, if it had any, the slightest foundation, this tight
Imight perhaps hese been in some degree affected. You have
inferined me that you understood that Mr. Erskine Imad two
I sets of instructions, by which to regulate his conchs-. I and
that upou one of them, which had not been cominclicated
leither to you or to the public, aria to be rested the juetiti.
cation of the terms tinall) agreed uptin het ween you and him.
It is my duty, Sir, solemnly to declare to year end, through
to Mr. Erskine, which you -have made the basis of an oth-.
you, to the Vresident, that the dispatch front Mr 4 Canting
tol
with the latter Atiuister, and which wss
reed by the former to the American Minister in Loudon, is
the oily dispatch, by which the conditions were prescribed
to Mr. Erskine for the conclusion of an arrangement with
this country On ;he matter to which it Mates.
To returu to the immediate subject of your letter: if; Sir,
it be yuur inteittion to slitter that no explanation whatever
n has been given as the Atherman Governmeat of the reasons
whichinduced his Majesty to diutvow,the act of• my peede
eessor, I mutt in that case observe, that in the instructiolta
conveying to him his Majesty's intention, those reasons were
fully aad forcibly stated ; and it' he has not trantruitted them
to you, I can only attribute it to the peculiar delicacy and
embarrassment of his situation, for which he probably trusted
to the remident's goodness to make some allowance; rind he
utiglts the &ore reasonably be led to that reliance on it,
a full and ample coinattuncatiqn was also ma le upon the sub-
ject by, his Aliaiesly's Secretary of State far -Foreign Affairs,
to Mr.Pieckneyt to wheat the whale of Mr. Erskffielt
instruction was read, and who, it was natural to sup-
,pose, would dohvey to his Givers:twat so. much hif,srmattaa
upon. very moinentorn etc taloa, so would relieve M'. Er-
.ine from the: necessity of entering into minute details 0; e
misandersffinang that had occurred. At 1111 events; flo cum.
Pi•thtlc4tl tw 1130:41tuillitted.agatose his Majesty's Governmeor
oil this score,-seeinlr thra Ines not only in the Mitts-
ter Who hro4nsatitow.divittoweil arrausertrat of is the4hu. •
tires w bids loacanoned the disavowal, but also with trait k-
nest, promptitude, and a mist scrupulous regard to nation-it
honour, gave ounce to the 4ineri ;az Minister in ]Loads.
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