Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1809-12-05

W. SNPi'"'tioh loa' IS adequate, eitner as
TO the matter or as t. the mode
When ole govern ncnt has been solemuly
pledged to another in a mutual engage
nenr by it's Acknowledged AMI competent
agent and refuses to fu6l the pledge, It is
perfectly clear, that it owes it, both to
itself and TO the other party, to acc >mD,.
ny its refusal with formal and frank dis
closure OF sufficient reasons for step,
WHICH, without such reasons. must deeply
'nJare its own character, as welt as the
rights OF the party co1idiug in its good
! faith.
g To refuse with honor (cays a high au d.
tthority on public law to rasify what has
been concluded on by virtue of full pnw
ler, 1t is necessary that the gov. rnnent
should have sronS and soti reasons, and
tnat ne shew Ia trtIcuiar that MS Minis
ter has violated his in,tructiols."
Although it is plrticular.y incun5en' o.
ithe Sovereign III such case to shew that
his instructions have been violated. vet i,
is not mere violation % them on inmate
rial points that will be su(Fi ;ient l. is in
dispensably requisite. moreover, that the
reasons be s'roHg and cold, thRt they mani
testify outweigh nUt only the general obi u.
tga'ion u abide by win AZ has been 80 done.
but also the disappoint oen, lni injury &C =
lcroin5 to the o hci party. And It's yorlhy OF
noelce THAI the case under disca sion IL a
( a higher character, ana appeals with gre,
ger solemni'y to the nonor aud Justice nj
the refusing party, than The case stated in
lfattel, ln:smuCh ae the trans lclion, nov
"a SNYowed, was not a treaty on conyeht.3f
100 be ratit1sd by both parties, previous u
Ian execution by either. Il had .cccr,I,u.,
to the terms OF II (and this peculi lr,ty az
fpeAtS 10 have been con emp 4tsd bV vonc
jsovernmenIj been actually and in ned ,te
! y carried into execution on tue part of the
~. states. The refusal OF MS Britapn,r
Majs3ty is, therefore, not simply 20 rattfy
wha had been ratified by The otner par,v
0ut to carry h'o effect ON his part an az
arrangement wnioh had been carried in %
luE stTect with good faith on the part of
Cle United States. NAY, the case Is
,trens nened oy the further pscniiarity
tn at some Of the Circumstances attending inc
lvxecpt on Of the arrangem ut on the mart
lot the U. render it uususce ptible of a
ltull equivalent for me refusal TO execute il
ION the other side.
L. has not escaped observation, that the
lob cation Of your governH ut 10 tender
leXpianauons on this occas on IS admitted
ihy Your attempsto slew tnat it h "a been
sufficiently done IN wha, passed in coager-
sation between Mr. Canaing and MIR
! Pinkaey. aatt 10y sns inStrucuons gwen TO
Mr.. Erskin4 20 COMMUNICATE such exp!a
Inations. >
With every disposition 20 ytew in the
most favorable hight Whatever may affect
lthe relations between the two countries. !,
Is Impossible 70 mistake tne conversations
lof those ministers for discharge of cucA
q de5t to the good faith aad reasonable
lexPect ,tions OF tue u States, Besides
ltnat they were mere conversations m a
lease requiring the precision and respect
10. formal communication. it IS ceria. n.
that 1t was neither understood by Mr,
I Ptnkney, nnr in enaed by MIR. Canning, that
those conversations were SO 10 be regard
! si- Mr Pnkney explicit on this poict.
And az Gaming himself, after declini q
to rsc pituiate IN wr,ing what he 4 a
verb 'iy remarked, signified 20 iLr. Pink.
Ccy u letter Gated NJ " 27.h, that has
observat ons OF tle suoIec. wouli be mors
properly made through tne successor of
var. Erslc'ne, wno was about TO proceed
& tae United Sgaes
WAN respect 20 the Instructions en- this
poutr gwen TO Mr.. ars&ine, il m,gat be
e. ttic'en 40 renarl mat lnry were never
rrleI into execution, lut It ,uay be ask
CO, whe her u was mark fr eudly re
specL 70 tne u. ota,cs 90 employ f0r sucn
purpose, a HiuIster igon Wnon ms eov
eminent mad thIusht proper pnoncly Ia
ws.draw It's Confidence, and o the pecuI
iiIr deHCacy an embarrassment OF whose
. s"ad,un ypu h,Vo ourself referred, as &C
counting ior hs $40. having executed the
: task imposed upan nim,
nut here rePv [, YhHt was sscgeste d
I In ny tOir0sr ter, tnat the succ, ssur q
Mr. Erskluc IS thc proper .tIonary f,r
q proper expiintt,on. Nor & 90 perceiy,
the force OF your rem Tx, that the del "A
liucideut 10 yoIr arnv-l in the l.. STAGE
lreGdcred il more consistent with the
iriend'y DC tiGents OF his MaJrs.y 10 pre-.
scribe othcr Cnaunels for coumuniaatine
the motives Tor nis d.sayOwal. 10 you
o"h rcconsiGcrdU / appeal, whether TIE
course mOs, CunsuHdHt 30 those fricndiy
sonu lents wis uyt the obvious one IT en-.
lployla5 the new organ, suagd TX at the
saue tHc hg cost any miscOuo,ructiva o.
. tne DEL y b, ppprzlng the America g4v-
ernmen. .r aUgl rs 20 n.ster OF the Cause
OF s.. I1e supp0stion, tust the decay H.
Ctd-Tt 60 your InissiGG gave r.so ~ "a.
, c0mersttop 1T MIR. CanniDg and Mr.
Plnkrcy 10 DJt tscouCI.sGole 70 tie cor.
resp iDdeJCe st the latter wHlCA cOltala
no sucl Indication. On tue cou.rar, d
d'supCtiy shcWs tnat le Was appr,sed Of ia,
/ int.ntOn 20 replace MIR. Erskinr D. d sue.
lrts.s..r