The enquirer. [volume] (Richmond, Va.) 1804-1815, 1810-07-31
the points. Of the relations between the two

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countries"
Your instructions do not authorize you to
hold out the expectation of any such mission,
until his majesty should have received. on the
part OF the government OF the United States,
an authentic and official recognition of
the condition which you were directedto re
Quire,
The Instructions which l was commanded
by his majesty to transmit to you, on the sub
ject of the Orders in Council. were framed on
the basis OF three conditions !: Tn agree
ment 70 which on the pari of the American
gcvernme mt, was stated to be Indispensable
&c his majesty's consenting to withdraw his
Orders in Council. TIE frs, of these con
ditiOns was, that the inter diction of the har
bors of America to the ships of War Of G.
Britain, and all non intercourse or non i'm
portation acts SHOULD be withdrawn, so tar
as repec.s Great Britain, (" leaving them
IN force With respect to France, and the
powers which adopt or act under her de
ciees."
The Cd, That America should renouuce
during the present War, the pretension Of
Carrying On, IN time of War, all trade with
the enemies colonies from which she was ex-
Guided during peace.
The Sd, That it should be understood and
agi eed betw cen the two powers, tina, q. Bri
tain should be at liberty to Capture all A
mericau vessels that should be found attempt
ing to trade with France. or any pow
ers which adopted or acted under her de
Gre e.
l vas commanded to state to YOU, that ND
on receiving, on the part OF the American
government, a distinct and official rec gni.
tion of these three conditions, his mtiesty
would lose no time in sending a minister TO
America fully empowered to consign Them
(tbese three coud'5ions) 20 formal and reg
Nlar Treaty his majesty, on his part, with =.
drawing his Orders IN Council Of January and
November 1907, or. if the delay we're thu't
10 re iDconvenient, you were authorised to
engage for his majesty, /" that upon the re.
ceip here of an cficiaI note, Containing an
engagement for the adoption by the Ameti.
can government of these three conditions"
his majesty would be prepared ON the faith of
such engagement, to recall the Orders in
Council. without waiting for the conclusion
OF a treaty.
The recall thereof, on his majesty's part,
of the Orders in Council, was to depend en-.
.urcly and exclusively on he acceptance, by
the American government. of the 8 condi-
tions So precisely described, and SO repeat
edly referred to
In this respect, the instructions were per
emptory, and admitted of no discretion.
The only discretion left to you was in the
event of the American government ex
pressing a wish to that effect, to anticipate
the operation of the treaty. by engaging in
his majesty's name. that his majesty would
Withdraw the orders in council, ON the re
ceipt here of an official note containing the
formal engagement of American govern.
ment to adopt these three conditions.
Nsthing can be more clear, than that not
one OF these three conditions has beeuadopt
ed By the American government, nor any
engagement taken for their adoption.
The second and third condition you appear
TO have given up altogether.
No mention whatever is made of them in
your written communications to Mr.. Smith,
and in respect to them therefore you have
ac'ee in direct contradiction TO your instruc.
tionS.
But even of the first condition, of which
alone you appear to have attempted 20 OBJ
tain the fulfilment, the most material part
has either been overlooked or conceded by
you.
This condition did not require solely the
repeal OF the offensive acts with respect to
q. B., but that repeal coupled with the con
tinuance of those acts in force with respect
to France and the powers which adopt &
act uuder her decrees."
Upon this clause. the most important part
OF the condition you do not appear to have in
sisted IN any part, not only of your CORES
PoEdenCe but of your verbal communications
with the American government.
ms Clause, above all others, it was neces-
Sary to cGnsisp to a formal and written a.
greement. AS the matter at present stands
before the world in your official correspon.
de Ace with Mr. Smith, The American gov
NJ would ne a liberty to morrow to
repeal the non -in;ercoarse act altogether.
without Infringing he agreement winch you
nave thought prope 10 en'er INTO ,ei behalf
OF his majesty, and if such a clause was
thot necessary tothis condition al The lime
when my Instructions were written. II was
obviously become much more so, whts the
non-intercourse was passed for a limited
time. You must also have been aware at
the time OF making the agreement. that the
American government had in fact formally
exempted Holland, a power which has uu
questicEabiy adopted and &C ed under the
DEGREES ct Frauce, fron the operati N OF the
non.iDtercourse act; an exemption in direct
contravention 1T the condition prescribed to
you, and which, OF itself. ought to have pre-
vented you from coming to any agreement
whatever.
Without therefore obtaining even one of
those conditions, On the obtaining of all of
which the concession of his majesty was to
depend, you have pledged his majesty to the
full extent OF that concession, and have p!a
ced his majesty in the painful alternative of
having either TO refuse or to abide by an en-
Sagen,ent taken in ms majesty's name, by
an accredited minister of MS majesty. or to
arquiesce in a measure which has been a
d ped not only IN non conformity TO his ma
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