Portland gazette and Maine advertiser., 1809-12-18

| that passed on that occasion.
On the present, as on that occasion, tn
change from verbal n written commnnica
tons was requested after two conferences
and when the subject appeared 10 one ofih'
parties to have, BY those verbal discussions
been brought to a point, which required
precise understanding Of the views and pc
sitions of the other.
You VIZ, sir, hence perceive, that j,
maintaining the right, which every govern
ment has as to the rules Of Intercourse wit
foreign iuac;ionaries near It. no encr0ach
ment has been made or intended on an,
right or customary privilege belonging I,
YOU in that character, nor any thing done tC
impede the proper and usual course OF ne
gocisiion.
You have been sufficiently apprised, b,
my letter Of the OH, OF the light in which
the President views the arrangement latei!
made by your predecessor with this govern.
ment, and of the grounds on which he has
expected formal and satisfactory eNplans-
ton of the reason for the refusal of his Rri.
tannic Majesty to carry il into effect lie
persists in that expectation, and in the opin-
ion, that there has been given no esrlana-
ton that is adequate, either as TO the mat
ter, or as 10 Tie WOue.
When one government has been soIemnly
pledged 10 another IN mutual engage
menl by its acknowledged and competent
agent, and refuses TO fulfil the pledge, IL IS
perfectly clear, that it owes it, both tn it.
self and to the other party, TO accompany
its refusal with formal and frank disclosure
of sufficient reasons for step, which, with
on, such rel sons, must deeply injure its own
character, as well rs the rights of tie pary
con6ding in lis good faith
To refuse with honour (says a high au.
tboriiy on public law) To ratiiy what has
been concluded on by virtue Of full pow
er, it is necessary that the government
should have suorK and so!id reasons, and that
he shew in particular that his minister has
violated his Instructions"
Although it is particularly incumbent on
the Sovereign III such case TO shew that his
instructions have been violated, Vet it is not
a mere violation of them ON immaterial
points that will be sufficient. II is indis-
pensably requisite, moreover, that the rea-
sor be strong and solid, that they mantle silly
outweigh not only the general obligation TO
abide by what has been SO done, but also
the disappointment and injury accruing 10
the other party. And it is worthy Of notice
that the case under discussion is Of higher
character, and appeals with greater solem-
nifty to the honour and justice Of the refu.
sing party, than the case stated in Vattel,
inasmuch as the transaction, now disayow-
ed, YVES not a treaty or convention TO be IA
tilted oy both parties, previous to an exeou-
ton by either. II had according to the
terms it (and this popularity appears to
have been contem lated by your govern.
ment) been actually and Immediately carrI-
ed into effect by the u. States. The refu-
sal of his Britannia Maiesy is, therefore,
not simply to ratIfy what had been ratified
by the other par Y, nut TO carry into effect
on his part an Arrangement which had been
carried into FIJI, effect with good faith on
the part of the United States. Nay, the
case is strengthened by the further pecu-
l,as,,y, that some of The circumstances at
tending the execution of the arrangement
Oh the part ofthe United States renders it
unsusceptble of full equivalent for the re-
iusal to execute It on Tie other side
Il has not escaped observation, that the
obligation of your government to tender ex-
plantations on this occss,on is admitted by
your attempt 10 shew shal ii has been suffi-
cienily done IN what passed in conversation
between Mr.. Gaming & MIR. pinckney, and
by the instructions given to Mr.. Erskine to
communicate such explanations.
With every disposition to view in the
most favourable light whatever may effect
the relations between the two countries, it
Is impossible IL mistake the conversations of
those ministers for discharge of such n
debt to the good faith and reasonable ex-
peotalions oi Tie United States. Besides
that they were mere conversations in a case
requiring the precision aud respect of for
mai eommuficali ION, IL Is certain, that il was
neither understood by Mr.. pnkney, nor in
sended by Mr.. Gaming, that those CONVEX.
Stations were SO to be regarded. Mr.. Pink
ney is explicit on this poiEt. Aad Mr.
Canning himself, after declining to recap.
tula,e in writing what he had verbally re-
marked, slgnifird 10 Mr.. Pinkney in = letter
dased May 27ih, that his observations on
Tie subject would be more properly made
througl IL, succe asor of Mr. Erskine who
WAS aoout TO proceed TO the United States.
With respect to the instructions on this
POM, given 10 Nj. Erskine, il might be
Suihcient To remark that they were never
carried into execution but IL may be ask
cd, whether Il was a mark of friendly res
pect 10 the Un,ed States to employ for
such purpose minister from whom his
government had though. proper publicly 10
withdraw It's confidence, and To the pecu.
liar dehcacy and embarrassment Of whose
situation you have yourself referred, AS ac-
counting tor his not having executed the
task imposed upon him.
must here repeat, what was suggested
IN my iofmer letter, that the successor Of
Mr. Erskne Is ,he proper iunctlonary for
proper explanation Nor can | perceive
The force OF YOUR rema k, that the delay in
cidenl to youi arrival III the United States
rendered i more consistent with The friend.
y sentiment OF MS Majesty to prefer the
other channels tor communicating the mo-
yves Tor his dlsa,Owal, To YOUR own recon
sheraton ! appeal whether the course
most cCnsonanI 10 those friendly sen,imC ms