Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1809-12-07


10 be {" matter Of indifference whether the
order in council" Con this subject) "be
continued, or an arrangement by mutual
consent be substituted i'll its room.
when informed you that the agreement
concluded here in April last, had been tram.
ed, in deviation feom the instructions given
for the occasion, my explanation was intend
ed.to apply to both parts Of that agreement
That nothing required by the most scrupu-
lous accuracy, may be wanting, | now add,
that the deviation consisted in not recording
! in the official doapens sianh here, the q
.brogation of the 1aa Is proclamation
of the ed July, 1904 HsN as the two re-
serves speciaA The pap memoranda
enclosed in my official ls'se you OF the
9th ultimo.
There is another motive tor tit disavow-
al of this part of the arrangement, consider
ed to be strong and SO seif-evidens upon
the very face of the transaction, that am
not commanded to do more than indicate 1t
in the manner have already done. BY
this forbearance his majesty conceives that
he is giving an additional pledge OF his SIM
cere disposition to maintain a good under
standing with the United States.
am somewhat at loss to give dis
|5tnct reply to that part Of your letter which
relates to Mr.. Erskine's authority to con-
clude with you in virtue of his letter of Gre
dence, because do not very distinctly un-
dcrstand the tendency Oft. never before
heard it doubted that full power was re-
qnisite to enable minister to conclude a
treaty, or that mere general letter OF Gre
dence was insufficient tor that purpose. I.
If it were otherwise, and government
were in all cases to be bound by the act,
however unauthorized, Of an accredited
minister, there would be no safety in the
appointment of such minister, and ratif-
cations would be useless. No full power
was given in the present case because it was
not treaty, that was in contemplation.
In his dispatch Of the Esd Of January,
Mr.: Secretary Canning distinctly says to
Mr.. Erskipe-" Upon receiving through
you on the part of the American govern
ment distinc. and official recognition of
the three aforementioned conditions, his
majesty will lose no time ia sending to A.
merica minister fully empowered to con
sign them to formal and regular tresty
This minister would, OF course, have
been provided with full power; but Mr..
Erskine was TO be guided by his instruc-
tons, and had the agreement concluded
here been conformable to them, j would
without doubt have been ratified by his ma
jesty. mus beg your very particular at
,ention to the circumstance thathis majes-
tvs ratification has been withheld, not be-
cause the agreemsliks WAS .soncluded with
out a full power, 80 reabse 1t was alto
eetl,er irreconcileabl4 CO. The Instructions
on which it was prof IDLY founded. The
question of the fall aesser was introduced
by yourself to giveave gMSby a quotation
from highly i@pected Ashor, to your
complain, OF tn 8aisavowalh answer to
which obseryA that the quS@ion did not
apply, as W Z Erskine had nd4l.ll POKER.
Never did .Qmagine, or any whsre attempt
20 rest AsFieht Of disavowal upon that cir
enms, -indubitably his agrsemeny
wouldHMevertheles have been ratlhSd'h2 IS
nor tie instructions, which ia this case TOOK
the place of full power, been violate a.
am surprised at the transition byc4ich
it appears to you that this part of the sub
i.ct is connected with the authority enpow-
ering me to negotiate with you. 1t will not
dare say, have escaped your recollection
that informed you at very early period
Of our communications, that in addition to
the usual credential letter, his majesty aisa
been pleased to invest me with full 6pwer
under the great seal Of his kingdw, for
the express purpose of concluding Atrsafy
or convention. we'll remember y5df yes;
titying your satisfaction at tie .eircufstance;
and have only now to add that | am rca-
DIV, whenever it suits your convenience,