Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1810-04-27

o"SSI insistiog upon the recall OF the !
I'roclamation of July 1907, as a preli |
minary to the adjustment of the dif-
ference arising from the affair of the
Chesapeake" /" that the ships Of war
OF France shall, in point Of fact, have
besn excluded from the ports of the u. |
.. and such ships Of that description
as were In those ports, shall have been
warned to depart"
ofthis condition you appear to have
taken no notice whatever. The Non.
Intercourse Bill operated only to the
prospective exclusion; but as to the
warning to be given to any ships Of
war e. France Gf any such there were)
IN the ports of the u. S. it no where
appears that even question was put
byyou on this subject, much less that
you received any satisfactory assurance
upon it.
2ily. Buff this preliminary conditi-
on had been fulfilled, your instructions
Proceeded to state, that even then, sit
would still 6e necessary that either the
Proclamation should be Withdrawn or
It's operation formally declared to be
at an end" though it would be suffi.
cisnt that such withdrawal or declara-
lion should be recor ded in the same
ms rumcnt, or at the same time with
the terms of reparation."
So tar from this indispensable con-
di ion having been obtained by YOU.
MIR Smith, in the answer returned by
him TO your note, studiously avoids a.
n thing like recognition of the prin.
Cole or which alone the demand Of the
to NAL recall of the Proclamation was
to be waved neither is the Proclama.
toa itself withdrawn, nor its operation
declared to be at an end.
The obvious CON equence of this
omission is, that the Non Intercourse
Act, which is temporary Act, were
to be suffered to expire, the Proclama-
ton might revive, and the inequality
between the two Belligerents be there.
by restored.
twas obviously your duty, before
You committed his Majesty's name by
written offer of preparation, to ascer-
tun Ia what manner that offer would
Be received, and answered 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 in the negotiation until you had
referred home for further instructi-
Oas.
That part of your instructions which
directed that this arrangement, If not
made the subject of consideration.
should be settled BY the exchange of
Ministerial Notes dated on the same
day, and reciprocally delivered at the
Same time, was expressly intended to
guard against, the pos Utility of your
committing yourself by written pro-
rosal. IN the uncertainty of what might
he the nature OF the answer to be re-
turned TO it.
His majes'y will not suppose it that
Mr SIN this Intended answer can have
been communicated toyou previously.
aud have obtained YOUR appreciation.
=. In the proposal for restoring the men
taken from On board the Chesapesk, i,
was not intended that the condition of
his Maiesty's right to reclaim them IN
reguiar way from the American 90
vernment, ii either natural born sub.
.iects OF his majesty, or desertcr's from
lis majesty's service, should have been
omitted. Lowell, however, the less on
this point, as his Majesty's right, in
,iis respect, is founded on public law,
and does not require to be fortified
by the recognition of any other Co.
vernment.
But cannot forbear observing with
regret that the bounty of his Majesty.
IN the intended provision for The rela-
lions OF the men killed on board the
Chesapeak, is not only stated by you
without a similar restriction, but is
Thought forward at once as part OF
the rePsra.ion originally offered and
thus converted by you from an act
of spontaneous generosity, INTO one O {
positive obligation.
3dly. In addition to the substance
Of Mr. SBith's Note, which have all
ready mentioned, it remains for me to
notice the expressions so full OF disfe-
sPect 70 his Majesty, with which IN AZ