Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1809-12-05

that the Congress eE,;utd IninH X iu- ,
upon them x assert the rights |
Of the uuited States against such pow !
ers as should adog1 or act under the !
DEGREES of France as soon as their ac-
tual conduct or determinations upon
that subject could be ascertained -z-but
that, in the mean time, tue President
had not the power, and could nos un-
dertake 70 pie dye himself III the formal
manner required t. that effect.
Irece:ved also ASSURANCES from you,
that no doubt could DC reasonably en-
tertained that satisfactory arrange
ment might be made in q tre7ty upon
the subject Of the second condition
mentioned in MIR. Cummings instruc-
tons according 70 my explanations Of
it in the foregoing part of this letter,
but that It necessarily would form IN
article of treaty Ia which the various
prctcnsions of the two countries should
be settled.
The third condition you, certainly,
very distinctly informed me could not
be recognized by the President, but
you added what-had great weight in
my mind, that you did not see why u
ny great importance should be attach
ed to such recognition; because it
would be impossible that a citizen of
the United States could prefer COM
paint to his governments on account of
the capture OF his vessel while engaged
iii trade absolutely interdicted by the
laws of his country.
Under these circumstances, there
fore, finding that could not obtain
the recognitions specified in Mr.. Can
Inipg's despatch of the 23d of January
(Which formed but one Part of his in
structions to me) in the formal man
ner repaired, ! considercdthat it you'd
be in vain to lay before the government
of the United States the despatch In
question, which L was at liberty TO
have done IN EXTENso, had thought
proper. But as l had such strong
grounds fer believing that the object
! of his maiesty's government could be
attained, though in a different manner,
aud the spirit, at least, Of my several
letters of Instructions be fully conlpli-
Cd with, felt thorough conviction
upon my mind that should be acting
ia conformity with bis majesty wisn-
es and, accordingly, concluded the
late provisional agreement Oh his ma
iesty's behalf with the government o.
the United States.
'I'ha I;g,xvD.yoI t,-y HI = -
painful proof to me that / had formed
an erroneous Judgment Of his majesty's
views and the intention Of my instruc-
tions; and / have most severely to Ia.
mept that an act of mine, (though un-
Intentionally should produce any em-
barrassments in the relations between
the two countries.
It is a great consolation to me, how
ever, to perceive that measures have
been adopted by both governments to
prevent any losses and to obviate any
inconyenicnces which might have aTi-
sen to the citizens or subjects of ei-
Their country from RELIANCE on the full
hlment of that provisional agreement F;
and I cannot but cherish hope, that g
complcte and cordial understanding
between the two countries may be ef-
fected.
beg leave to add that it would have
given me great happiness to have con-
tributed to so desirable an object, and
to offer you the assurances ofthe great
respect and high consideration with
which remain, Sir, your most obedi-
ent humble servant,
D. NJ. ERSKINE.
The HIN. r. Smith, G7c. sc. SIC.
The Secretary IF tie Treasury TO mr..
EYSkine.
Washington, / 3th Altgust, 1909.
SIR--I do not believe, that in the con-
yersations we have had respecting the
Ipracticabiliy of an adjustment of the
differences between the United States
and Great Britain, we ever have mis-
understood one another. Yet as from
Mr.. Canuing's Instructions lately pub
lished by your government, it would
seem that some opinions are ascribed