The enquirer. [volume] (Richmond, Va.) 1804-1815, 1810-01-23

SSai we OsSS {1SViiuy oy winch IL is CharSC-.
Inow. sir. proceed to examine the second
part OF the arrangement, viz, the orders
IN, council.
The stipulation for withdrawal of the
orders in council, has also been disavowed,
on account of a departure from instructions.
The departure consists in MIR. Erskine's
not obtaining recognition of three condti-
ons contained in the despatch of the Esd of
January, which MIR. Jackson says was the
only despatch by which the conditions were
prescribed to MIR. Erskinc for the conclusi-
on of an arrangement with this country on
the matter to which it relates. In page so
of the correspondence. Mr.. Jackson SAYS
g In his despatch of the 23d Of January, Mr..
Secretary Canning distinctly says to Mr..
Erskine. Upon receiving through you on
the part Of the American government a dis
tinct & official recOgnition,of the three above
mentioned conditions, his majesty will lose
no time in sending to America minister
fully empowered to consign them to formal
and regular treaty"
This minister would, of course, have
been provided with full power but Mr.
Erskine was to be guided by his INSTRUCT
ons, and had the agreement concluded here
been confOrmable to them, it would without
doubt have been ratified by his majesty"
LetuS then turn 20 the conditions contain
ed in the despatch of the Esd OF January. to
which MIR: Jackson refers, vide page 18Th,
correspondence. These conditions are
LIST. That the American government is
prepared, i'll the event of his majesty's con-
senting to withdraw the orders in council OF
january aud November, 1907, to Withdraw
contemporaneously on its part. the interdic-
ton of its harbors to ships of war, and all
on intercourse and non-importatca acts,
so far as respects Great Britain, leaving
them in force with respect to France, and
the powers which adopt OF act under her
DEGREES.
I'd. THAT America is willing to renounce,
during the present war, the pretension of
carrying on in time of war all trade with
the enemies colonies, from which she was
excluded during peace.
Sd. 81 Great Britain, for the purpose OF
securing the operation of the embargo, and
the bona sde intention of America, to pre-.
vent her citizens from trading with France
and the powers adopting and acting under
the French DEGREES, is to be considered as
being at liberty to capture all snch Ameri-
can vessels may be found ate mptihg to
trade with the ports of any of these powers
without which security for the observance
of the embargo, the raising it nominally.
with respect to Great Britain alone. would
in TACT raise it with respect to ali the werld
BY the arrangement with Mr.. Erskine,
the first of these conditions was substantial
ly obtained. The second, Mr. Canning ad
mits. has no connection with the subject,
and the third, he says, could not with pro
priety constitute any part of formal stipu-
lason. In page 18th, of the last message
from the President, containing extracts
from Mr.. Pinkney. Mr. Pinkney says
Upon the second of the conditions mem
toned in Mr.. Erskinc's instructions, 1 made
several remarks. l stated that it had no
necessary connection with the principal sub
Ject; that it had lost its Importance to Great
Britain by the reduction of almost ali the
colonies of her enemies; that Batavia was
understood not to he affected by IL; that it
could not apply to Guadalupe (the only O.
ther unconquered colony since it was admit
ted that we were rot excluded from a trade
with Guadaloupe in peace; that l did nos
know what the government of the United
States would upon sufficient inducements
consent to do upon this point; but that 1t
could scarcely be expected to give the i'm
piled sanction. which this condition called
upon tito give, to the rule of the war of
1756, without any equivalent or reciprocal
stipulation whatsoever, Mr.. Canning adj
iHit'ed that the second condition had no ne
cessary connection with the orders il coun-
ell, and he intimatcd that they would have
been content 20 leave the subject of it to f,1-
ture discussion and arrangement He adj, d
that this condition was inserted in Mr. Frs
Eiue's Instructions, because it had appeared
from his own report of conversations with
Official persons at Washington, that there
would be no difficulty in agreeing 40 it.
sc Upon the third condition said a very
few words. | re-stated what had thrown
out upon the matter of it in an informal con-
versation in January, and expressed my re-
greet that it should have been misapprehe
ded. Mr.. Canning Immediately said that
he was himself Of opinion, that the idea 40
OIL which that condition turns could not well
find its way into stipulation ;&that he had,
nevertheless, Believed it proper to propose
the condition to the United States; that he
should have been satisfied with the reiec
tien of it; and that the consequence would
have been that they should have Intercepted
the commerce to which it referred, if any
such commerce should be attempted
From this then, it appears, that by the
arrangement with Mr.. Erskiae, full euui-
valent fer the first condition was obtained
and that the British minister acknowledged
THAI the second condition might have been
left for future discussion and arrange ment,
and that he would have been contented with
the rejection of the third. Even therefore.
surprising this despatch of the 23d Of Janua-
ry, to have been the only instruction AR
Erskine had on tl.is subject, it does not APP
pear that there is any solid ground for disa-
vowing this part IF the arrangement IT,
however, we are 10 credit the solemn decia-
ration Of Mr.. Erskine, he had several let