The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-11-29
E'ei;ozv Citizens Of the Senafe, ard
of the House of RefrcsentdtiUes

=
Of the House of, Re1iresentatives !:
At the. period of our last meeting, l had
the satisfaction of communicating an adjust
ment with one Of the principal belligerent
nations, highly important in itself, and still
more SO as prcsaging more extended ac-
COMMUNICATION. 1t is with deep concern, am
now to inform you, that the favorable pros
pect has been overclouded, by refusal of the
British government to abide by the act of
its Minister Plenipotentiary, and by its en-
suing policy towards the United States, as
sren through the communications of the mi
kistcr sent to replace him.
Whatever pleas may be urged for y disa-
vowal OF engagements formed by diplomat
&c functionaries, in cases where, by the terms
OF the engagements, mutual ratification is
reserved ; or where notice at the time may
have been given, of departure from in
structions; or in extraordinary cases, es.
sentially violating the principles of equity
a disavowsl could not have been apprehen-
ted in a case, where no such notice or vio-
}ation existed where no such ratification
was reserved and, more especially, where,
as is now in proof an engagement, to he e3s-
ecutcd without any such ratification, was
contemplated by the instructions given, and
where 1t had, with good faith, been carried
into Immediate execution, on the part Of the
u States.
These Considerations not having restrain
III tiiC government from ulStiVOWlDR
thc arrangement, by virtue of which, It's
Orders in Council were to be revoked, and
tile event authorizing the renewal OF COM
mercIal intercourse, having thus not taken
place 1t necessarily became question Of
equal urgency and importance, VII ether the
act prohibiting hat.intercourse was not to be
considered as remaining in legal force. This
question being, after due deliberation, deter
mined In the affirmative, a proclamation 10
that effect was issued. 1t could not but hap
pen, however, that a return to this state of
things, from that which had followed nn exc
CutIon OF the arrangement Ivy the u. States,
would involve difficulties. With a view TO
diminish these as much as possible, the in
etructions from the Secretary OF the Treasu-
~, now laid before you, were transmitted To
the Collectors OF the several ports. II in
permitting British vessels to depart, without
giving bonds not to proceed TO their own
ports, 1t should appear that the tenor of le-
gal authority has not been strictly pursued, it
IS to be ascribed to the anxious desire which
i as fe!t, that no individuals should be ininr.
cd by so unforeseen an occurrence And re-
~ Oil the regard of Congress for Tic equitable
interests CT our own citiZeis, to adopt what
ever further provisions may be found requi-
site, tor general remission OF penalties in
voluntarily incurred
The recall of the tisavowed minister ha-
wing been followed by the appointment Of
q successor, hopes were INDUCED, that The
new mission would contribute to alleviate
the disappointment which had been produc-
Ell, and to remove the Causes which had sd
long embarrassed the good Understanding of
We Two nations. 1t could not be doubted.
mat it won!d at least be chatged with con:
ciiiatory explanations OF the step which had
bGen taken, and with proposals to be substi.
'h1ea tor the rejected arrangement. Rea.
s"h&b!e and universal rs this expectation
vas, 1t also has rot been fulfilled From
cue nrst ofbc'ai disclosure of the new minis
yea, IL was found, that he had received no
authority to enter into explanations relative
20 either branch of the arrangement. disa-
vowed; nor any authority to Substitute bro.
poSais, as to that branch, which concer ued
me british Orders in Copncil And final
" that ms proposals with respect to the