The enquirer. [volume] (Richmond, Va.) 1804-1815, 1812-11-10

duced it, looked to its termination & provi.
ded for it. and happy will it be for both
Countries, if the disposition felt. and the adj
vance thus made on his part, are entertain.
ed and met by the British government in q
similar spirit.
You have been informed by Mr.. Graham
OF what pas sed in my late absence from the
city. In an interview between Mr.. Baker L
nun, IN consequence of q dispatch from the
British government to MR.. Foster, received
at Halifax, just before he sailed for Eng
land, and transmitted by hun TO Mr.. Baker,
relating to a proposed suspension or repeal
OF the British orders in council: You will
have seen by the note forwarded to you by
Mr. Graham, of Mr.. Bakers communica-
tion to him, that Mr.. Foster had authorised
MIN to state, that the commanders of the
British forces at Halifax would agree to a
suspension, after a day to be fixed, of the
condemnation OF prizes, to await the deci
sion Ut both governments, without however
preventing captures on either side. 1t APP
pears also. that Mr.. Foster had promised to
communicate with Sir George Provost, and
20 advise him to propose to our government
m armistice.
Sir George Provost has since proposed to
General Dearborn, at the suggestion of Mr..
Foster. suspension of offensive operations
py ianu. In letter which was transmitted
Vey the General to the Secretary at War
A. provisional agreement was entered into
between General Dearborn & Col. Baynes,
tne British adjutant general, bearer of Gen.
<'esnst letter, that neither party should
ACT offensively before the decision of our go
vernment should be taken on the subject.
Since my return to Washington, the doc
ument alluded to in Mr.. Fosters dispatch,
as hnally decided on by the British govern
ment, has beenhanded to me by Mr.. Baker,
with remark, that its authenticity might
be relied on. Mr.. Baker added, that it was
not improbable, that the admiral at Hall
lax might agree likewise to a suspension of
captures, though he did not profess or APP
pear.to be acquainted with his sentiments on
IN point.
On fuii consideration of all the circum
stances which merit attention., the President
regrets that 1t isnot in his power to accede to
the proposed arrangement. The following
are among tie rincipal reasons which have
produced tins decision.
LIST. The President has no peweri to sus-
pend judicial proceedings on prizes. A cap
ture, if lawful, vests a right over which
he has no control. Nor could he prevent
captures otherwise than by an inciscrim-
nate recall OF the commissions granted to our
Prlvateers, Which he could not Justify under
existing circumstances,
I'd. The proposition is not made by the
BRITISH government, nor is there any GER
taInty that 1t would be approved by it. The
proposed arrangement, it acceded to, might
not be observed by the British officers them
selves, 1t their government, i'm consequence
OF the war, should give them instructions of
different character, even if they were pi-
ven without knowledge of the arrange
ment.
50. NO security is given, or proposed, as
% the Indians, npr could any be relied on.
lhey have engaged in the war on the side
Oh the British government, and are now
prosecuting it with vlgor, in their usual sa-
wage mode. They can only be restrained
by force, when once let loose, and that force
has already been ordered out for the pur.
pose.
attn. i he proposition is not reciprocal, be-
cause lt Restraints the United States from
acting where their pJwer is greatest, and
leaves ,Great-Britain at liberty, and gives
her time to augment her forces in our neigh.
borhoud.
5th. That as principal object of the
war Is to obtain redress gainst the British
practice OF impressmen.. an agreement to
suspend hostilities, even before the British
G)vernment is heard from on that subject,
might be considered a REIMBURSEMENT of
that claim.
9th. 1t is the more Objectionable, and of
the less importance. in consideration of the
instructions heretofore given you, which if
met BY the British Government, may have
already produced the same result in a grea-
ter extern and more satisfactory form ,.
might add. that the declaration Itself
As Objectionable in many respects. particu-
Aarly the following. LIST. because it asserts
right in the British Government to re-
store the Orders in Council, or any part
thereof, to their full effect, on a principle of
retaliation on France, under circumstances
OF which she alone is to judge a right
which this Government cannot admit, espe-
ciaiiy IN the extent heretofore claimed, and
acted on by the British Government.
Ind That the repeal is founded exclu-
siveiy on the French Decree of 28th of A.
pril 1871. by which the repeal of the De-
crees of Berlin and Milan, announced on
the 5th August 1910, to take effect on the
hrst of November of that year, at which
time the If operation actually Ceased, is dis
regarded, as are the claims of the United
States arising from the repeal on that day,
even according to the British pledge.
3rd. That even if the United States had
no right to claim the repeal of the British
orders IN Council prior to the French De-
cree OF the 28th April 1911, nor before the
notiIeation of that decree to the British Go
yernmea. OH the goth of MAY, of the pre-
sent year, tks British repeal ought to have
borne date front that day, and been subject
TO none of the limitations attached it.
These remarks OH the declaration of the
Prince Regent, which are not pursued with
rIgour, nor in the full extent Which they
might be, are applicable to it, IN relation to
the state OF things which existed Setore the