Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1810-04-21

ffo{tfH9t 1Qry &pt 4oe sk5uI{sQx DIX 80
sush ships ef lhas description as wsfs il,
,htss ports, shsil have been warned 70 ds-
Ofshis condition you appeari,o have ca.
sken no notice whatever. The uon-ineer-
.eonrae bin operated onlyto the prospective
exclusion but asso the warning to be u
ven 70 any ships of war of Frame ,fif anv
such there were in the ports Of the Unitrd
States, il no where appears that even i
question was put. by yon on this subject,
muchless that youreeeived any Satisfactory
assurance upon il. q
2dly. But II this preliminary condition
had been fulfilled, your Instructions pro.
eeeded to state, that even then; y it would
still be necessary thar either the proclama-,
tion should be Withdrawn or its operation
formally declared to be a, an end, "ss though
it would be sufficient that such withdrawal
or deelaratio should be recorded in the
same instrument, or at the same time with
the terms of reparation."
So far from this Indispensable condition
having been obtained by you, Mr.. Smith,
in the answer returned by hin. to your note,
studi ousIy avoids any thing Ike reeogni-
ton OF the prinsiplrion which alone the de-
m and Of the formal recall of the Proeama-
ton was to be waved; neither is the precla-
nation, itself Withdrawn, nor its operation
declared to be at an end. -,
: The obvious consequence of this omis.
sion is, that If the non-interspurse act,
which is a temporary act, were to be suf-
fered.t to expire, the proclamation might re-
vive, and the inequality between the TWO
belligerents be thereby restored.
1t was obviously your duty, before you
committed his majes.y's name by written
Offer of repai alton, to ascertain in what man.
ner that offer would be received, and IN.
swered and If you found that the express
condition either Of the Withdrawing the
proclamation, or declaring its operation to
be at an end, would not be complied with,
to abstain from proceeding one single step
10 the negotiation until you had referred
home for further instructions. e..
Tha. part Of your instructions which di.
reesed that this arrangement, II not made
The subject Of consideration. should be set.
tied by tho exchange Of ministerial notes
dated on the same day, and reeiprocally de.
livsred at the same timr, was expressly in.
tended 10 guard against the possibility. Of
your committing yourself by written pro.
posal, In the uncertainty OF wha, might be
the nature Of The answer 70 be returned to
II. .H.
His majesty will no. suppose !. tia. M.
Smiths intended answer can have been com.
munieased to you previously, and have OBJ.
tanned your appreciation.
In the proposal for restoring the pan IA.
ken from On board the Chesapeake, It was
not intended that the condition of his ma.
jss,y's right to. reclaim them in regular
way from the American government, If eli.
Their natural born subjects Of his majesty, or
deserters from his majesty's service, should
have been omitted. dwell however the
less on this point, as his majes,y's right, in
this respect, Is founded on public law, sad
does not require to. be fortified by The re.
cognition ct any other government
But cannot fofbear observing with re-
greet thar the bounty of his majesty, u the
intended provision for the relations of the
men killed on board the Chesapeake, is not
only stated by you without similar restric-
ton, but is brought forward at once as
part Of the reparation originally offered
and thus converted by you from an &C. Of
spontaneous generosity, into one of positive
obligation. ....-a-.-s RAJ
sdly. In addition to the substance of Mr.:
Smiths note, which / have already men
toned, it remains for me to notiee the ex.
pressions so full of disrespecs to his. msies-
ty. with which that note concludes. And
i am to signify to you the displeasure which
his majesty feels, that any minister Of his
majesty should have shewn himself 80 far
inseusibles of what is due to the dignity of
his sovereign, as 10 have consented to re-
ceive and transmit. to be. laid before his ma
jesty, = note in which such expressions
were coutained.* ~~-
Il am, &c. >s- -. g..
.-. .. GEORGE CANNING.