Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1809-12-25

| fquadrons, it cannot therefore, be 10 much
| an Object OF folicitude, as you imagine, 10
obtain the relinquilhment of the trade OF
any country to thoie colonies. On the
| contrary you will find it ttatedsin my let
ter of the nth ntimo,to be " matter Of
| indifference whether the order in council
| Con this iubjet)s' be continued, or ~ ar
| rangement bv mutual content fubfituted
| III its room.
| Wien informed You that the agree
| meut concluded here IN April lat, had been
J framed iE deviation from the ineruesioDs
| given for the occalion, NY explanation was
intended to apply to both parts of That a
greement. Thst nothing, required by the
mot fcrupulous accuracy, may be want
| ing, now aid, that the deviation conlilf-
ed in not recording III the official doeu
ment fgned here, the abrogation of the
| PreGdent's Proclamation of the I'D July,
1907, as well as the two reitrves fpecifed
! in the paper of memoranda enclcied in my
official letter to you OF the z7th ultimo.
There is another motive for the ,liiavow-
| al of this part of the arrangement, conIid-
cred to be 70 ftrong and 70 felf-evident up
on the very face of the trautitiion, that 1
am not commanded to more than indi-
| cate il IN the manner have already done.
by tins tori ance his Majelty con-
celves that he is wing an additional pledge
of his Iincere diipolilionto maintain good
. understanding with the listed States.
am fomewhat at lois to give a diff
! tinet reply to that part of your letter which
relates to Mr.. Erfkine's authority TO con-
cluJe with you in virtue of his general let
/, ter of credepcs, becaufe do not very diff
| tinctly undefltand the tendency of it. l
never before heard it doubted that fun
! power was requifite TO enable miniiter
10 conclude treaty, or that a mere geser.
al letter of credence was Inefficient for
that purpote.
II il were o.herwife, and a government
were in all cafes to be bound by the act,
however unauthorized, of an accredited
Miniaer, there would be nc. iafety in The
appointment of fuch Mina.r, and rati.
fcations would be uGelefs. NO full power
was given in the preient cafe, becaufe it
was not treaty, but the materials for
forming treaty, that was in contempla-
ton.
In his difpatch of the a3d of January,
Mr.. Secretary Canning ditinctly fays to
Mr.. Erikine-" Upon receiving through
you on the part of the American govern
ment A dliilnct aud official recognition of
the three aforementioned conditions,
his Maielly will loie no time in lending to
America miniiter fully empowered to
conflgn them to formal and regular trea-
ty."
This minngr would, of courfe, have been
provided with full power; but Mr. Erlkinc
was to be guided by his inftructions, and had
the agreement concluded here been confor-
mable TO them, it would without doubt have
bsen ratified by his majeay. mud beg your
very particular attention 10 the eireumaance
that his Majritys ratification has been with
held, not becauic the agreement va. conslu.
ded without full power. but becaufe IL was
| altogether irreconcileable to the inlfruetions
on which il was profeiledly founded. The
| GueIl'on OF the foil power was introduced by
! youritlf, TO give we'eht, by quotation from
HI hly rcfpeefed author, 90 your complaint
! Of the dfavowai in 5nlwer 10 which OBJ
/! iervcd that rhe quotation did not apply, as
! kt. Erikine had no full power. Never did
F; limas,ne. or any where attempt, to ref the
tight Of Gsfavossl upon that ciFeumllance !:
inauliit4biy his agreement would, neverthe-
! ltls have been ratified. had nor the inliruc-
tion,, which IN this cafe took the place of a
full power, ben violated.
am furprifcd al the traniition by which
ii sppears TO yeu that this part OF the fubiect
is conneet,d VITA the authority empowering
me tosntgo,iare with you Ii will not, dare
fay, have eleaped your recollection, that | in
formed you a. very carly period of our
communications, that in addition 10 the piu-
I al credeuiial letters, bis malelty had been
, pIealsd 10 inveff me with a fui power under
the great fesi OF hrs kngdom, for the exprefs
pnrpoie Of concluding treaty or eonven-
!. lion. iwell remember your teflifying your
, fatislatfioa at the circumnance and have
], only now TO add, that / am ready, whenever
/ i, ia,is YOUR convenience, 10 exchange my
full power sgaind that with which you fhall
be provided, for the progrcis OF our negocia-
ton.
am concerned CIR, to be Obliged feeond
time TO appeal TO fhoie principles 90 public
law under tho fan0ion and protection OF
(Which was fent 10 this country. Where
Who're is not freedom OF communication in the
form ilih1iluted tor the more ufuaI one of
verbal difruG,on, there can be little uiefnl
intercourse between m.niaers; aud one, al
| lean, of the epithets which YOU have thought
proper % apply TO my iaa letter is ireh as
ncecdiniy abri,lges that freedom. That any
+. tt;ng thereiu contained may be irrelevant o
! the luhjeet, IL is of courie competent IN you
10 endtsvor TO flew and, as far as you
ficeeeJ in 70 doing, in 10 far will my areu-
nrent lole OF its validity but as to the pro-
priety Of my alnlions you nun allow me to
| acknowledge only the deeiiion Of my own
fovcreign, whole commands obey, and to
whom aione can conhder mylelf refponib'e
Beyond this, !, fuffices that do not deviate
from The reipea due 10 the government to
which am accredited.
You will End that in my correspondence