The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-12-07


law ot Congress, but of the public law bind
ing upon both parties, and which both would
have had common interest in seeing duly
executed; in that case the agency of the
British navy would not have had the. invidi-
Gus aspect, which is aow attempted to be
given to it. At present there is no engage
ment between the TWO countries, no laws of
Congress which bear reference to any such
engagement. and consequently it cannot be
. wished to take any share whatever in che cx-
ecution of those laws.
In regard to the colonial trade need only
observe, that all or nearly all the enemies
colonies are blockaded by British squadrons,
it cannot therefore be so much an object of
solici.ude, "a You imagine, to obtain the re-
lincuishment of the trace of any country to
these COLOMBO. On the contrary you will
hnsi it stated in my letter of the 1I.h ultimo,
to be matter of Indifference whether the
order in council ION this suhiect) " be con-
tinued, or an arrangement by mutual con-
cent substituted in its ROOM
When Informed you that the agreement
concluded here in April last, had been fra
rned in deviation from the instructions given
for the occasion, my explanation was inten-
ded to apply to both parts of that agreement.
That nothing. required by the most scrupu-
lons accuracy, may ee wanting, / now add,
that the deviation consisted in not recording
in the official document signed here, the alb.
rogation of the Presidents Proclamation of
the I'd July, 1907, as well as the two reserves
specified in the paper OF Memoranda enclo-
ed in my official letter to you of the 9th
ultimo,
There is another motive for the disavowal
of this part of the arrangement. considered
to be SO strong and so self evident upon the
very face of the transaction, that ! am not
commanded to do more than indicate it in
the manner ] have already done.-By this
forbearance his Majesty conceves that he
is giving an additional pledge of his sincere
disposition to maintain good understanding
with the United States.
am somewhat at a loss to give distinct
reply to that part of your letter which re-
lates to Mr.. Erskine's authority to conclude
with you In virtue of his general letter of
credence; because / do not very distinctly
understand the tendency oft. / never be-
fore heard it doubted that full power was
requisite to enable n minister to conclude
treaty. or that mere general letter of Gre
dence was Insufficient for that purpose.
II it were otherwise, and government
were in all cases to be bound by the act,
however unauthorized, of an accredited Mi
mister, there would be no safety in the aD-
pointment of sach Minister, and rat:fca-
tions would be useless-No full power was
given in the present case, because it was
not treaty, but the materials for forming
treaty, tlidt WAS IN COntem 0latiOa.
=, In his dispatch of the Esd of January Mr..
Secretary Canning distinctly says to Mr..
Erskine-" Upon receiving through you on
the part OF the American government a dis
tinct and official recognition of the three "a
aforementioned conditions, his Majesty will
lose no time in sending to America a minis
ter fully empowered to consign them to n
formal and regular treaty"
Ibis Minister would, of Course have been
->,.o idoIy uir I'll n
was tn be guided by his Instructions, and had
the agreement concluded here been conform
able to them, it would without doubt have
been ratified by his Majesty. must beg
your very particular attention to the circum
stance that his Majesty's ratification ha IS
been Withheld, not because the agreement
was concluded wi hout a full power. bu, be-
cause IT was altogct Their irreconcileal,l to the
instructions on which it was professedly
funded. The question of the full power
was introduced by yourself to give weight
by quotation from highly respected au
thor, to your complaint of the tiisavowal. in
answer To winch | observed that the quota
ton did not apply, as Mr.. Erskinc had no
full power. Never did imagine. or any
where attempt, to rest the right of disayow
al upon that circumstance :-indubitabv his
agreement would, nevertheless, have been
ratified, had not the instructions, which. in
this case took the place of a full power. been
violated
! am surprized at the transition By which
II appears to you that this part or the sub
Ject is connected with the authority emno,y-
ering Inc to negotiate with you. 1t will nor
j dare say, have escaped your recollection,
that informed you at very early period
or our communications. that in addition IN
the usual credential letter, his Majesty had
been pleased to invest me with a full bower
under the great seal of his kingdom, for the
express purpose OF concluding a treaty nj,
convention ! well remember your testify
jag your satisfaction at the Circumstance
and have only now to add that am ready
whenever 1t suits your convenience, to -.
change my full power against that with which
you shall be provided, for the progress of
cur negotiation.
j am concerned, sir, to be obliged second
time to appeal to those principles ofpublic
law under the sanction and protection ne
which, was sent to this country Where
there is not freedom of Recommendation in the
form substituted for the more usual onc of
verbal discussion. there can be little useful
intercourse between Ministers; and one. n,
least, OF the epithets which you have thouehr
proper toapply to my last letter is such ne
necessarily a5ridses that freedom. Thar
any thing therein contained may be irrevo
lent to the subject, it is Of course comnp,en.
: Iii you to endeavor to shew and as far nc
you ced III so doing, in so far will INV
argument lose Of its validity-but as tn The
proPriety OF my illusions YOU must aIloy me
10 acknowledge only the decision of nv oyv
sovereign. whose commands I ohev a,J .,