Martinsburgh gazette. [volume] (Martinsburgh, Va. [W. Va.]) 1810-1825, 1811-07-05

of Baltimore, are these" The hope you
express that my successor will continue i'm
the same system of measures, is guaranteed,
as far as future circumstances will permit,
by his enlightened and jealous participation
in them heretofore, and By the hapt y baci-
fcation he is norv eI9ecfiag far IN" This
. happy pacihcation" was the arrange
ment," or agreement made with Mr.. Err
skine, the British minister at Washington,
for the revocation of the British Orders in
Council and the removal of the restrictions
of our non.intercourse law as to Grest- Bri.
tain. "Happy pacifcation," Mr.. Jefferson
it, with Great. Britain Perfectly con-
vinced myself that he has never once au-
thorised treaty with Great Britain ON
terms which he believed the British CO.
vernment would accept: 1 satisfied that an
examination OF all his own published state
ments Of his negotiations would produce
the like conviction on every candid mind:
What if, after collecting his multiplied pro-
fessions (aad they would Gil some pagesl
of his sincere desires to settle all differ
ences and establish harmony between the u.
States and G. Britaip-and his formal in
structions to adjust every thing by treaty
what if, after all these professions and pro-
ceedings towards such an adiustment--I
should show them all TO be insincere and
prove even By his GUN confession, That He
DID NOT DESIRE ANY TREATY WITH GREAT
BRITAIN? This investigation will require
more time and deliberation than will con-
sist with detached compositions for week.
ly publication. 81 a8,
As to Mr.. ,Madison's "happy paci6ca.
tion," cannot repress the opinion, that he
had no ght to expect, and, did not expect
its confirmation by the British governments;
and for the following reasons
1. Because Mr.. Madison knows that
minister plenipotentiary, merely as such.
received and accredited by the government
to which he is sent, has not, by virtue Of
his general letter of credence, any authori-
ty TO enter into any treaty or agreement con.
tanning stipulations to bind his nation.
2. Because Mr.. Madison knows, that
besides such letter of credit, Minister
who lawfully enters into such treaty or
agreement, must be furnished with full
or special power for that purpose. In other
words, minister must have authoriiy TO
become party to, 2 treaty of agreement
which shall be binding on his government.
8. Because he well knows that foreign
minister proposing to enter into such stipu-
lations ought to produce his full or special
power; and if he does not that before a
treaty or agreement be made, it is the yiehe
and duty of the government to which the
offer OF the treaty or agreement is rendered,
to demand not only sight but the deliveyy
and Possession OF the instrument containing
such powers. Accordingly, the ministers
OF two governments who negotiate and form
treaties with each other, always exchange
their powers, that each may have the evi-
dence OF the authority of the other to treat.
But Mr.. Madison, in laying the case of
his arrangement or treaty with MIR. Erskne
before Congress, after the British Govern
ment had disavowed and refused to confirm
it, because made in direct contradiction to
his instructions) did not pretend that any
such powers were exhibited by or required
from Mr.. Erskinc. Mr.. Madison there
fore had no more, nay he had less right 10
complain OF that disavowal than would an
individual, who makes contract with tho
friend of third person calling himself his
attorney, but producing no power or letter
OF attorney for the purpose, have against
such third person who should refuse TO per-
form the contract made without his authori.
ty or consent.
4. Because the part of the special instruc-
tons to Mr.. Erskine, acknowledged to
have been exhibited on the occasion, con.
tanned three conditions on which an agrees
msnt tor the revocation of the Orders in
Council might be made. And all these con-
ditions Mr.. Madison had rejected.
S. Because the language in which the a.
greement on the part of Mr.. Madison was
concluded, was SO indecorous and offensive
towards the British government as to rem.
der its confirmation highly improbable, if
not. impossible. And Mr.. Madison must