The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-12-05

~ to remark, that never held any convers1tio
with the members ofthe government. of the Uni
ted States, relative to it, until my late negociati
on-or had ever mentioned the subject to Hi
MaIesty's governmental having, TOR the frs
time, teen presented To my consideration in Mr
Csnnlngs despatch to me OF the 23l Of Janu v
IN which that idea is sugg. sted anil is stated t.
have been assented to BY AIR Pinkney.
1t would be unayaling at the present mo
! uient, TO enter upon an examination of the
"pretensions set forth in Mr. Canning's let
ter OF Instructions" (Which you are pleased
to term) extraordinary"
| consider it, however, to be my duty to
declare that, during my negotiation with
you which led to the conclusion of the pro-
visional agreement, | found no reason to be-
lieve that any difficulties would occur in the
accomplishment of the two former conditi
ons. as far as it was in the power of tho Pre-
sldent al the United States tn accede to the
first, aud consistently with the explanation
which [ have before given of the second
point ON the contrary received assur-
ances through you, that the President would
comply (as far AS it was in his power,) with
the first condition, and that there could be
| no doubt that the Congress would think it
incumbent upon them to assert the rights
| OF the United States against such powers as
should adopt or act under the DEGREES of
France as soon as their actual conddct or de
| examinations upon that subject could lie as
ccrtained-but that, in the mean time, the
President had not the power, and could not
undertake To pledge himself in the formal
manner required to that eject.
received also assurances from You, that
no doubt could be reasonably entertained
that a satisfactory arrangement might be
made in treaty upon the subject of the Sc
cond condition mentioned in Mr.. Cannng's
instructions, according to my explana ION of
1T IN the foregoing part of this letter, but
that 1t necessarily would form an article of
a treaty III which the var. Gus preteusiuns OF
the two countries should be settled
| The third condition you, certainly, very
distinctly informed me could not be rccog-
! nlzed by the President, but you added what
had great weight in my mind, that you did
not see why any great mportl &c should be
attached to such recognition because it
would be impossible that citizen of the
United States could prefer a complaint to
ais government on account of the capture
of his vessel while engaged in a trade alb
so'utcly interdicted by the laws of his coun-
! try.
Uuuer these circumstances, therefore,
hnding that L could not obtain the recogni-
tons specified in Mr.. Canning's despatch of
! the Esd uf January (Which formed but one
h0rt OF his instructions to m J in the formal
manner required, considered that it would
be IN vain to lay before the government of
the United States the despatch in question,
which was at liberty to have done IN kx-
TENso, had / thought proper. But as
had such strong grounds for believing that
che object of his Majesty, government could
be attained, though in different manner,
and the spirit, at least, of my several letters
| OF Instructions be tul.> complied with, felt
thorough conviction upon my mind that
should be acting in CnGtorm:ty with his Ma
Ijssty's wishes; and, accordingly, concluded
the late provisional agreement on his Ma
ijesty's behalf with the government of the
U. States.
! The disavowal by his Majesty is a pain
fui.. proos to me, that had formed ali erro
neous judgment OF his MaIesty's views and
the Intention OF my Instructions aud Ihayc
| most severely to lament chat an act of mine.
| (though unintentionally,) should produce d
~ embarrassments IN The relations oetweeO
the two countries.
1t is a great consolation to me, however.
topercelve that measures have been adopted
by both governments to prevent any lo,se
and to obyiate any inconvenience which
might have arisen the citizens or subjects
| OF either couEtry, from a reliance on the fol
hlment OF that provisional agreement; ard
| Cannot but cherish hope, that complete
and cordial understanding between the TWO
countries may be effected
bes leave to add that ii would have civ.
en- rae great happiness to have contributed
TO so desirable All object, and to offer you
the assurances OF the great respect and high
consideration with whiciI ] remain, sir, your
most o5edient humble servant,
ID. NJ. ERSKINE..
The Hon. X. Smith, &c. t5c &c