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


not given in formal manner, (for reasons before
detailed) or whether twas incumbent on me to I
foroear ,spm making any proposition. as could (,
not obtain compliance with the exact letter OF |
your instructions.
Various considerations of great weight urged
me to endeavor to bring about an adjustment Of |
the differences between the two countries, upon
the points entrusted to my discretion, as far it
was possible, without departing from the orders
had received 49,
the communications which, had lately received
from Mr. Smith of the dissatisfaction of the
French minister here with the non-intercourse
| act. the particulars of which have given in my
No. II, also from the general aspect Of the reat
ons OF this country with Creat.Britai & France,
previous dispatches.
The circumstance of the congress being about
to assemble very shortly, was another reason for
wishing to have an amcable arrangement concu.
ded, since the majority of both houses had pied.
gec themselves TO resistance of the restrictions
upon neutral commerce, if it could be pointed a
ganst either OF the two great belligersn. powers
separately, and that it was only account of the
impossibility any successful effort being made,
that they were prevented from asserting their
rights against both during the last session.
AS this government thought that any longer
delay in the time for the renewal of tile inter
course between Great-Britain and the u States
would deprive such an arrangement Of many of its
mutual advantages, as fully agreed in that opini.
on, a day certain (the 10th of June next) was ac-
cordingly fixed upon.
| The notes which passed between the secretary
OF state and myself, and which have now the
honor to inclose (msrked A, B, C, d. will ex-
PLAIN the course pursued in the arrangement that
was concluded.
Should his maJesty's government consider that
| have exceeded the limits CT my instructions in
the engagement have made on his IN esty's be-
haif, am aware that no advantages which might
oe derived from it to Great.Britain could Justify
my Conduct.
Therefore rest my vindicaton upon tho reasons
detailed IN the foregoing part of this despatch
for believing that have adhered to the spirit, G
as far as could, to the letter of my orders-6ut
Place my chief reliance the well knozsn h6e-
rahty Of his 1na5estv, in approaching the conduct
! of his servants.
Twill only beg leave to remark, that the agree.
\ msnt has been concluded in the persuasion that
an aInicable understanding would be settled by
The special mission, and with view to promote
so desirable object.
Should unexpected difficulties occur in form.
ing treaty, or should his majesty's envoy extra.
ordinary mud reasons to doubt the friendly dispo-
sition OF the United States, it will then rest with
his majesty to take such measures as may be dee
med proper, according to the actual state of
things.
In the mean time no injury can be derived, /
conceive, from that conditional agreement
| have the honor to be, &c.
(Signed) d. M. ERSKINE.
Despatch from Mfr. Secretary Canning to the
hon D. M. Erskine, dated Foreign Office, May
%, 1909.
SIR, =,
Four dispatches, Nos. 19 and 90, of the
18th and Goth of April, have been received here
this day, and laid before the king.
lhave lost no time in receiving his Majasty's
commands to signify to you his Majesty's senti-
ments, on the manaer in which you have execut-
ed the instructions conveyed to yoi, in my des.
patches by MIR. Oakley.
1t is much to be regretted, that in the execute
on OF instructions upon the points of SO much
delicacy and Importance, you should have
thought yourself authorised to depart so wide
y, not only from their letter, but from their sp.
rt.
With respect to the Instructions relating to the
Chesapeake, which form the subject of my des.
patch, No. 1. have to remark, first, the total
| omission by you ola preliminary of the most ma
terial Importance. 2hdly, departure from the
terms OF your instructions in the manner of con-
Quoting the Negotiation; and 3dly, the admis-
sion by you, and so far appears, without re.
monstrance or observation, of q Note contain ing
expressions offensive to his Majesty's dignity,
such as no Minister of his Majesty ought to have
submitted to receive, and to transmit to his Gov
ernment.
1st 1t is distinctly stated by me, as the condi-
ton OF his Majestys" no longer insisting upon
the recall of the Proclamation of July 1907, as
preliminary to the adjustment Of the difference a.
rising from the affair of the Chesapeake,"" that
the ships of war of France shall in point of fact,
have been excluded from the ports of the United
States, and such ships OF that description as were
in those ports, shall have been warned to de-
part"
OF this condition you appear to have taken no
notice whatever. The Non Intercourse bill OPP
Grated only to the prospective exclusion but rs
to the warning to be given to any ships of war of
France tif any such there were) in the ports of
the U. States, 1t no where appears that even a
question was put by you this subject, much
less that you received any satisfactory assurance
upon it.
IDLY. But if this preliminary condition had been
| fulfilled, your Instructions proceeded to state
that even then, it would still be necessary that
either the Proclamation should be withdra wn or
its operation formally declared to be at an end
thought it would be sufficient that such with
drawal or declaration 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 him 10 your note, studausly avoids
which alone the demand of the formal recall Of
the Proclamation itself Withdrawn, nor its opera.
ton declared tc be at an end.
| The obvious consequence Of this omission is
that it the Non Intercourse Act, which is a
Temporary Act, were to be suffered to expire,
the Proclamation might revive, and the inequali.
~ between the two Beiligerents be thereby res