The enquirer. [volume] (Richmond, Va.) 1804-1815, 1810-04-27

Minister OF his M alestv should have she vn HIM
self So far insensible of VIVA, is due to the digni
~ OF his Sovereign, as to have been contented to
receive and transmit, to be laid before his Ma.
jesty, a note in which such expressions were con-
tained'
am, sc. s
GEORGE CANNING. b
The following is the offensive passage in Mr..
Smiths letter to which Mr.. Canning aliudcs -
have 1t in express charge from the President
to state, that, while he forbcars to insist on a
further punishment Of the Offending officer { Ad.
mrat Bertley) he is not the less sensible of
the justice and utility of such an example, nor
this less persuaded that it would best comport
with what is due from his Britannia Msissty to
has own honor.
have, &c. e.
r. SMITH"
Despatch from the Hon. David Ershine to MFR
Sec: Canning, dated Washington, August 3.
1879.
SIR,
have the honor to Acknowledges the re.
ceipt OF your dispatches, No. 10, IL, II, of the
I'D, 2Sd, and 3Oth of May, original and duph
Gates, the former Brought in his Majesty's packet
Windsor Castle, which arrived at New York OH
the 2sth ult: and the latter which were deliver.
ed to me yesterday BY Lieut.. Gregory, commando
ing his Majesty's gtn brig Contest, which arriy
ed in Hampton Roads, in the Bay Of Chesapeake,
on the 18th ult
lost no time in complying with your instruc-
tons contained in your No. Is, to deliver copy
| of his Majesty's Order in Council OF the Oath of
May last, to the Secretary of Staie OF this Gov.
eminent, which accordingly sent to Mr. Robt
Smith in a written note of which the inclosed is
copy. In obedience to you. commands, also
used all the means in my power to make the above
mentioned Order publickly known throughout
the u. S.
rs with the deepest regret that ind from
your dispatches, Nos. 10 and IL, oft,,. ODD and
23d May, that his Majesty has dsapprovcd of the
manner in which l executed the instructions
which you sent me by MIR. Oakley, and has been
compelled to disavow the provisional agreement
which had lately entered into with this gov
eminent, under the persuasion that it would have
met with his majesty's appreciation.
The duty and high respect which owe to hi.
majesty, would restrain me from making any re-
ply to the anmadversions upon my conduct,
which you have conveyed to me by his majesty's
command, but consider that it is incumbent on
me to offer some obser ations upon certain points
OF my negotiation, which appear to have been
misunderstood, IN consequence, suppose, of ray
having given them all Insufficient or imperfect
explanation. 1t is stated by you in your No 10,
of the 22d of May, that with respect to the in.
structons relating to the Chesapeake, which for
med the subject of your despatch, No. 1, of the
23d OF January last, had omitted preliminary
OF the most material importance, as the condition
of his majesty's no longer insisting upon the
recall of the proclamation of 1907, as prelimi-
nary to the adjustment of the difference arising
from the affair of the Chesapeake. Cha the ships
OF war, shall, in point of fact, have been exclu.
ded from the ports of the United States, and
such ships of that description as were in those
ports shall have been warned to depart"
Ofthis condition you observe, that appear to
have taken no notice whatever ; you add also that
the non.intercourse bill operated to heprespec-
tive exclusion
/ beg leave to refer you to the first section of
the non.intercourse law, which you will find ex-
cludes the ships of war, from the passing of that
act ON the first of March !; the prohibition there
fore, was not prospective but immediate, and in
fact had been in operation weeks before COM
menced the negotiation
Upon the subject of the warning which should
be given to any French ships, in the ports of the
United States, the Secretary of State, Mr. Robert
Smith, informed me, that there were no French
ships at present, within the waters of the United
States, and that it was to be presumed, that the
Government would cause their laws to be execu.
ted in the propriety and justice Of which seEti-
ment, fully acquiesced.
The preliminary condition above mentioned
was, therefore, conceive, fulfilled
Your next objection states, that the proclama.
ton of the President of July, 1907, is neither
withdrawn, nor its operation declared to be at an
end.
On explanation OF tins point, beg leave to re-
mark, that the Non Intercourse Law abrogated
even the act upon which the Presidents Procla-
nation was founded, by the words at the end Of
the 30 section OF that act, inserted by the Con-
gress for that purpose, which circumstance
communicated to you in my No. 10, Of the 18th
OF March, and again in my No. 10, of the 18Th of
April, in which mentioned that the Secretary of
State declared TO me, that the proclamation was
merged in the non-iniercourse. believe I omit
ted in my No. 10, to inform you, that MIR. Smith
added, that it was impossible to issue proclama.
ton TO recall an Edict, which was already revoked
and could not be revived.
The .bird objection taken by you is upon
point of so delicate nature, that proceed to an
explanation OF it with the greatest caution and
Difference 49,
Permit me, sir, to request that you will lay be-
fore luis majesty my most earnest assurances,
that would not have allowed any expressions
which thought disrespeettul towards his males
ty to have remained unanswered in any note,
may have received.
IL would be an nexcusable presumption in me
to attempt to put different construction on the
expressions contained in the latter part OF Mr.
Smiths first letter to me, or to view the meaning
Of the words in different light frorn that which
you have been pleased to inform ME his maj esty
mas done, bat think Tiny duty to dacIarr, tbAt
do not believe any intention whatever existed in
the mind of the president Of the United Ststes,
to convey dIsrespectful meaning towards lds
majesty by those expressions.
Upon my being Informed by the Secretary Of
State, that the President would agree to wave a.
ny demand or further punishment OF the British
officer who had caused an attack to be made on
the United States friga:c Cbesapeake, but that I,