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

pris'ng'thc utmost precaution that was IN tho
power of his Britannia Majesty to take, for
preventing losses his disavowal of the en-.
gagement ct your predecessor, to citizens Of
the United States. who had resumed their
commercial pursuits on the faith of that act.
Without entering into full view of the
inadequ-cy OF the order in that respect, /
take the liberty of pointing out the following
instances III, (which it falls essentially short
OF ITS declared intention.
l. The.order does not provide for the i'm
poftant case OF vessels returning with car
goes from the ports Of Holland.
2. The exemption from Interruption of
vessels bound from the United States 10 Hol
iahu was restricted by that order to such as
snould have departed prior to the goth of Ju.
~, at which date it is not certain that the
order, which was not officially communica-
ted until the 3lst of that month, had even
reached any one point of the United States
% That some vessels may have sailed be
tween the limited date and the arrival of
the order IN the U. States, and many from
distant ports must have done SO after its ar.
rival, but Before a knowledge of it had be.
come general; all proceeding OF the faith of
the arrangement, yet all left by the order
exposed to capture and condemnation.
). The order does not provide for the inn
portant case OF vessels, which had sailed on
the IKE faith for Dutch ports other than those
Of Holland,
a. 1t does rot include in its provisions the
extensive list Of vessels going INDIRECTLY from
the United States. but directly from foreign
ports to those of Holland, nor vessels trading
entirely from foreign ports to Holland and
IN both these INSTANCES proceeding on the
faith of the arrangement professed to be res
pscsed within the defined period.
In ts tr,tp IN thn. 10 -. 49,
sells were not to be captured without an at
tempt, after Contrary warning, TO proceed
to those ports. But need not remind YOU
that the Injuries incident to the delay and to
the breaking up of such voyages cannot but
nave been considerable, and will have result
ted AZ manltestly from the disappointed faith
In the arrangement as in the cases specially
provided Tor, and consequently with all o.
Their losses fairly resulting from the same
bona tide confidence in that act, thew will
tall within the INST indemnific for which
the principle. assumed in the order, is for.
NAL pledge.
conclude, sir, with pressing upon your
candid attention, that the least which the
President could have looked for in conse-
quencc of the disavowal of transaction such
as was concluded by your predecessor and
carried faithfully into effect by this govern
ment, was an explanation from YOURS of the
idsavowal not through the minister disa
vowed, but through his successor--an
explanation founded onreasons strong and So
lid in themselves, and presented, neither
verbally nor vaguely, but in a form conIpor
ting with the occasion; and with the respect
due to the character and to the good faith of
the disappointed party, --tkat it has been
found with much concern and with not less
surprize, that you are charged with no such
| - nj m a hat ka,
wished to bring the subjects, which have been
formally and defnitively arranged, into fresh
negotiation, as if no such arrangement had
taken ptace-that one of the cases Tins
sighted, viz that of the frigate Chesapeake.
is case tor which PREPARATION, not denied to
be due. had been previously so long withheld.
or rather i'll which the aggression itself has
been spun out, 70 the present moment, by
the continued detention Of the mariners.
whose seizure. making part of the original
hostility committed against the american
trlga.e, must be regarded in a light analo-
sous to continued detention of the shin il
selt--that in the other case, xiz: that OF the
Order in Council. you are not authorised to
tender explanations for the dsavow al or to
propose any new arrangement, nor to con
Guide, any agreement, but solely to receive
ana discuss propositions which. might ne
made TO you, not conCealing, at the same
time. that to+bc satisfactory, they must in.
! cluee two conditions, both inadmissibIe -
one altogether irrelevant to the subject, and
the other requiring nothing less than sur
render OF an lnalienable junction of the matt
onai scvorc'gnty
| Notwithstanding these repulsive consde-
ratlons, sacEfis the disposition Of the pres-
aent 10 facilitate a final and comprehensive
accommodation between the two nations.
! that he 4 ready &c 1 hozy IL
honor of signifying to YOU, to favor any mode
ofhringng about SO happy an event that NAV
be found consistent with the honor and the
essential interest Of the II. States.
l have the honor to be, &c.
(Signed) K. SMITH
| The Honorable
Francis J.>Jack8on, Sc. sc. sc.