The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-06-28
nor r"TCAT
TOLl i SnA.
CIRCULAR,

have prevented the state that gave rise to
the embargo; that the necessity grew out OF our
own fault, our own remssness, and not out of
the DEGREES and orders of council. IF this be
true, it is indeed view ofthe subject that ought
TO be met with great seriousness; and although
tits no reason for not defending what all agree,
are our unqucstionable rights, it is a sufficient
reason for bringing to punishment and disgrace,
those who have sacrificed The public interest, and
unnecessarily endangered the peace of the natl
on. Let us examine the subject. 1t is said
could have protracted the treaty made by Mr..
Jay-that we could even have made abetter trea-
ty-that bad as Jays treaty was, it would have
been better to have protracted it, than 10 have
been in our present situation. disliked Mr..
Jays treaty; but have no doubt it was better
treaty when il was made in 1894, than it would
have been in 1906 -7-when it is considered inre-
laton to the situation of the two countries at that
time its intrinsic merit or the relative situation
Of the two nations in 1867. In 1924, Great
Britain was associated with all the great continent
tai powers, except France. She had swept from
the ocean great part|oi the commerce of the
United States she was in possession of our posts,
that enabled her to command all the Indian tribes.
The United States had not recovered from the
effects of the revolutionary war, from the close
Of which, we had been hsrrasscd BY a cruel and
bloody war with our savage neighbors we had
at the same time very serious difficulties with the
SPaniards, upon points of great importance our
commerce was exposed to the Barbary powers !;
danger so serious, as to exclude our vessels
from the MediterI anean sea. These Circumstan-
SEES would certainly have justified treaty then,
that ought not to be accepted at this day then it
could have been said with propriety, we ought
to exc out the time, and delay an appeal to arms.
Under all these circumstances, it was thought,
by great proportion of the American people,
We ought not to have accepted Jays treaty: al
though by it we procured the surrender of the
posts, at least 100000 pounds sterling for spo-
liations although by its adoption we gained time,
in ity cfrr,rn Of
our differenceswith Spain, then the ally Of Great
Britain, and the navigation of the Mississippi
for it is probable as long we were embroiled
with England, Spain would not have made the
concessions she did, and although we then gain
ed peace and safety to our extensive frontier.
This treaty, that was then bad and ought to have
been rejected, would DO now good, and ought
to have been contnued-that is to say, when it
held on, to us advantages, it ought to have been
rejected but when every part OF it was executed
from which were to expect advantage, we
ought to have continued the execution of those
parts that had been inserted for the benefit OF y.
Britain, and to which we had objected, when, as
they said, they had given us an equivalent. If
this treaty was bad in 1894, it was much worse,
1t inalmiscible, in 1867. Great Britain
had then fallen from the imposing attitude in
which she had stood ; our resources, our means
Of defence and oifeace. we'll as our population,
had increased III ratio, never before experien-
ced by any people upon earth. 1fthis treaty had
been rene wed, there IS certainty, IT would not
have prevented our being in our present situation,
as will be shown. But 1t IS said, we could have Cb-
tanned better treaty. If by this it is meant to
say, that our situation in commercial or poti-
cal po;G. e -:e" yc.ld have been better, if we
had adopted the trestynegociated by Messrs.
Monroe and Pinkney, it is believed thai sent
mcnt will be found greatly erroneous, it the sub
lect is considered TIER with reference to the adj
vantsges 10 be camel by this country from that
treaty, or the time & circumstances under which,
was proposed The correct mode OF Judging ola
treaty, is, by know ledge of the points in dis
pute, well as of the objects OF the contract
ing parties. Unless something rs gained 1t is OBJ
vious that treaty is bad, and although it may DE
said, certain rights are reserved, 10, Abandoned,
yet assert, most cases that IS the eject, and
that such is the usage of nations and that reser-
Vationa are made more with a view to the charac-
ter and feelings of the nation that makes the
seryation, than with an expectation that such
claims will ever be revived. 1t is therefore more
frank and manly to abandon claims at once, than
to keep them alive in this way, after general adj
justment of other differences all history affords
proof OF the propriety of this opinion. The APP
plicatIon OF 1t to the late negotiation, needs no
further Illustration to shew, That the supposed re-
servations and informal enga gements, form JUS
LITIGATION OF the treaty What Mr.. Canning says
upon this subject, in his note OF the 22d October
1907, is conclusive. &c No engagements were
entered INTO on the part OF his majesty AS connect
the face Of it. Whatever encouragement may
have been given b., his msiesty's commissioners
to the hope expressed by the commissioners Of the
United States, that discussion might hereafter
be entertained, with respect to the impressment
of British seamen from merchant vessels, must
be understood to have had an view the rene wal of
such discussions, not as forming any part OF the
treaty then signed as the American commission
ers appear to beins;ructed to assume,) but scpa-
rately, and at some subsequent period, more IA
vorable to their successful termination" 81 that
to say the least, The points i'll dispute, that
not provided for by thu treaty, and for which pro-
vision does not appear upon The face OF II, ought
60 be considered as postponed, If not ab..nd ned
will state to you, what the objects form.
ing treaty With Great Biit;in. You w.!! ~
what our commissioners were successful, and It
will at once be seen whetIei the treaty ought to
have been rejected OR sdopted--We demanded
an exemption of our seamen from mpg sment
Was satisfaction given 10 us III the tfc.ty upon
this point There was not but our cOmmissi-
oners were assured in note OF the British com
Jnissioners Of the 9th November, that lnstructi-
ons had been given, and should be repeated and
enforced, for the observance of the greatest eau
ton in impressing British seanen, with assuran-
ees that immediate redress should be given in
case any American seaman should be impre ssed,
and with an assertioRtfst no recent cases had oc.
cured so far from this being true, the score
tary Of state, Mr. Madison, says, " the impress
g..