The Delaware gazette. [volume] (Wilmington [Del.]) 1809-1810, 1809-12-06

Stales. So that some vessels may have
sailed between the limited date and the al.
rival of the order in the United States, and
many from distant ports mus! have done SO
aEte. its arrival, but before knowledge of
it had become general all proceeding on
the faith Of the arrange ment, yet all left by
the order exposed 10 capture and condem-
nation.
8. The order does not provide for the
important case of vessels, which had sailed
on the like faith Tor Dutch ports other than
those of Holland.
4th. 1t does not include in its provisions
the extensive lists of vessels going Indirect
ly from he United States, bur directly
from Foreign ports to those OF Holland
nor vessels trading entirely from foreign
parts to Holland and in both these instan-
ccs proceeding on the faith OF the arrange
ment professed to be respected within the
defined period.
1t is true, in these last instances the ves-
sells were no, to be captured without an at
tempt, after contrary warning, to proceed
TO those ports. But l need not remind
you that the injuries incident to the de-
lay and TO the breaking up OF such voya.
ages cannot bui have been considerable ,and
will have resulted as manifes,ly from the
disappointed faith in the arrangement as
in the cases especially provided for, and
consequently with all other losses fairly
resulting from the same bona Gdr conf
dence in tha. act, they will fall within the
lust indemnifcation for which the principle,
assumed in order, as formal pledge.
IconcIude, sir, with n-es,iag upon your
candid attention that the least which the
president cuu.d have looked for in conse'
quence of the dissavowal of a TRANSACTION
such as was concluded by your predecess
or and carried faithfully into effect By thi:
govelnment,was an explanation fro n YOURS
of the disavowal, not through the minste
disavowed, but through the successor-a'
explanation founded on reasons strong ant
solid in themselves, and presented, neithe
verbally, nor vaguely, but in form com
porling with the occasion, and with the re
spect due to the good characte, and to tn
good faith of the disappointed party-tha
/, has been found with much concern AM
with no less surprise, that you are charge
with no such exrlanations-that you hay
apparently wished to bring the subjects
which have been formally and detinlslvel
arranged into fresh negotiation as it N
such arrangement had taken place thu
one of the causes thus sighted, viz. thar {
the frgate CHI. sapeake, isa case for whic
reparation, not denied to be due, had bee
previously long within Id, or rather ]
which the aggression itself had been spa
out, to the present moment, by the contir
ued detention of the mariners, whose Sc
zure, making part OF the original host'l
~, com nitted against the American friga'
must be regarded in light ahaiogou
to a continued detention of the ship itself
that in the other case, viz. that OF the 0
ders in council, you are not authorised
tender explanations for the disavowal,
to propose any new arrangement, nor
conclude any agreement but solely to r.
ceive and discuss propositions which migl
be made to you, not concealing at the san
time. that to be satisfactory they must il
clude two onditons both inadmiss Bile, "
altogether irrelevant to the subject, al
the ether requiring nothing less than
surrender of an unal.erable function of Il
national say ereignty.
Notwithstanding these repulsive co
sidera,ions, such is the disposition Of Il
President to facilitate final and compr
hensive accommodation between the ~
na'ions, that he is ready, as have alreat
had the honor Of siguifying to you, to
vour any mode ofbrinyiug about so hap
an event that may be found consistent wi
the honour and the essential interests
the United States.
have the honor to be, &c.
(Signed) Il. SMITH.
The honouyable
Francis James jackson, SC. SC. SIC.
(A)