The Delaware gazette. [volume] (Wilmington [Del.]) 1809-1810, 1809-12-13


MS he had delivered, could not bind his govern
ncnt in such a case. his proposal had neither
teen preceded by nor accompanied with the e1-
hibition of other commission or full power -
nor, irdeed, has he ever given sufficient reason
TO snpposc that he had any such full power TO
exhibit in relation to this particular case. 1t
true that in his letter Of the Esd October he has
stated authority eventually 10 conclude.
Ia convention between the two countries
Without adveFting 10 the ambiguity of the term
cpcadRayg with the mark of Emphasis attached
to it, and to other uncertainties in the phraseo~
logy, i. is clear Ina. the authority referred 10,
whatever ii may he, is derived from instructions
sa5jcc5 10 lis ozl discretion and not from a
patent commission, such as might be properly
called for: 1t istfnealso that in his letter Of the
4sh of November, subsequent to this proposal,
be says he was possessed Vi a full power in due
form Tor the express purpose OF concluding a
treaty or convsusoD.
But il still ren4ns uncertain, whether BY the
treaty or comsention to which it related, was
not meant an eventual or provisional treaty on
| the general relations between the two counties
| without any reterencc to the case of the Chesa-
peake. Certain il is thar the British government
in former like cases, will be seen by the adj
jnstnen. 0. thar pa,t Of the affair at Nootka
! Sound, which is analogous to this case, did noe
] consider any such distinct power as necessary
nor IS there the slightest ground for surprising
that Mr.. Erskinc, although confessedls Instruct.
| ed to adjust this very Gas. of the Chesapeake,
| was furnished with any authority distinct from
! his cretleutal letter. That MIR. jackson has any
such commission is the less to be supposed, as 4
is bns barely possible, that possessing it, he
should no; on come occasion or in some form,
have used langnage susceptible of no possible
doubt OH this point.
But proceeding TO the proposal isef, it is to
be kept in mind that the conditions forming its
basis, are the very conditions for the deviating
from which Mr.. Efskines adjustment was disa-
vowed. MIR. jackson, if not others, is on
TINS point explicit. g / now add (says he) that
the deviation consisted in not recording in
the Official document signed here the abroga-
ton Of the presidents proclamation of the Cd
July, 1907, as we'll as the two reserves specified
| in the paper of memoranda enclosed in my Offs
| cia letter TO you of the 9th ult.'
Considering then the conditions in the propo-
sal DIS an ultimatun, in what light are we COM
PEELED 70 view such an attempt to repair the
outrage committed on the frgats Chesapeake,
and to heal the disappointment produced by a
disayowal Of previous equitable reparation
1t is impossible on such ali occasion not 10
REGAL! the circumstances which constituted the
character Of the outrage to which such an ulti-
natain is now applied. A national ship pro-
ceeding on all important service, was watched
sby superior naval force enjoying at the same
time the hospitality of our ports, was followed
and scarcely out oi oar waters when she was,
after an insulting Summons, attacked in hos
tile manner; and the ship SO Injured as TO re-
qure expensive repairs, the expedition trustra-
ted, number Of the crew killed and wounded,
several carried into captivity, and one oil them
put 10 death, under military sentence. The
three seauan, though American citizens, and
therefore on every superstition detained as
wrongfiiy as the ship would have detained,
have Notwithstanding remained in captivity be-
tween two and three years; and, it may be adj
ded, after has long ceased to Dc denied that
they are American citizens.
Under these circumstances we are called
upon to ransom the rapsivss.
lss. BY acknowledging that precautionary
proclamation, justified by events preceding the
outrage, by the outrage, itself and by what i'm
lnediate!y followed it, was unlustifiabe, and
hat repea oft was property condition pre-
cedent to PREPARATION ior the outrage. And
this requisition is repeated, too, after such Oh
acknowledgement had been uniformly asserted
by this government to he utterly ipadniissihle,
and, what is particularly remarkable, at time
when the proclamation, as is well understood
was no longer in force. The occasion obvious.
ly invited silent assumption Of the existing
fact, and this would have excluded The Difficult.
ty heretofore found to be insuperable.
Cd. BY throwing into complete oblivion the
conduct Of the officer answsrabIe for the anur.
derous transaction, with a knowledge too on
our part, that instead Of being punished or
even brought to trial, he has been honoured by
his government with new and more Important
| command.
Sd. By admitting right on the part of Great
Britain to claim discharge from our service
Of deserters generally, and particularly Of he,
natural born subjects, without excepting such
as had been naturalizet in due form under the
laws of the United States.
1t has not been explained, whether it wa
meant, as the universally of the te m g desc,
! ter would import, to include American CHI
/ IT,.