Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1843-03-11
coscREss.-3a Session.

Mr.. UeJsisr 20 .Nr CasS.
DEPARTMENT OF STATE,
Washinoion. December 90, lSi2


DEPARTMENT OF STATE,
WashinoioR DectmJtr ~, lci2
Sir: Your letter of the l lt instant has been submit
ted TO the President. He directs me to say IN reply
that he continues to regard your corresponcence oil
which this letter is part as being quite Irregular from
the beginning. You had asked leave to retire IRON
your mission; the leave granted by the fres
dent, with kind and friendly remarks upon the man
ner IN which you had discharged its duties iavire
| asked for this honorable recall, which was promptly
Given, you a!terward addressed TO this Department
your letter OF the 81 cf October, which, however il
noy appear to you, the President cannot bal consde
rs emons'rance, protest. agans. The treaty OF Tia
9Th ct August. in other words, an attack upon his az
mEstratnn, ioT the negotiation and conclusion o: ina
| treaty. lie certainly not prepared fer TINS /
came upon him with no small surprise and he ST..
teeis that you must have been at the moment uade
the influence of temporary impressions, which, he can
not but hope, hGye ere now, worn away.
few remarks upon some Of the points of your las
letter must now elise the correspondence.
| In the first place, you object TO my having cae'
your letter OF October Sd 'proest rcmon:t-auce
aralnst transaction Of the Government; and observe
,uat you mast have been unhappy in tho mode Of eX
pressing yourself, if you ,b's 20 this chargr.
What ether construction yor. letter "i!l bear, can
no! perceive. TIE transaction was aaishsd M letter
IL remarks OF Yourself any else could urac II
II desirable. fo"' opinions we're unsolicited. Ii 9icen
citizen !Iea it altogether unusual 10 address
them 10 tais Department: in official G.spa;c il. rs
public .unct,onary, the whole subject matter was
quite asde from the duties Of your particular snt,on
In your letter you did no. propose anything To 5c Gpnf
bu, Objected to what had been done. You did not sug
gest any method Of remedy NJ what you pleased
10 consider defect, but stated what you thought be
reasons for fearing It's consequences You declared
that there had been, IN your Opinon, omission 10 as
ser. American rights 10 which omission you gave the
Department TO understand that you would never have
conse nted.
In,
s'rcncr ard though your letter lie formally entitled
snci', cannot that it be construed. effect
rs any thing else; and mus. continue 10 think. there
fore, that The terms used entirely applicable anc
proper.
In the next place, You say "You give me to under
stand that The communications which have passed be
tween US on this subject, 20 be- published and sub
! mhed to the great trIbGna! of public opinion"
|! wecd have been better, if you had quoted my re-
mark with entire correctness. What SAD ;ras not
tha; Tie connun,ea IONS whch have passed between
~, arc 20 jc published must b. pu5lshc: IN. .ha
IL ray heco.ac necessary ac.pat,er - 9abs. y1ri
Liter. II conneXgn VIII. other sPondencc q: tn
rs5lcn: and although il is no. 10 be presumed that
yon ioa.el 10 publication, because such pro.
sa;ag''";i would im2u.c u yoa Claim - phi 'ort.i
voaF private opinions upon The corGnci oil the p.csi
cent and Senate, transaction finished and con.
c!nded, through line imposing form Ola public cPspaich
"el, II published il canno, liz crescen how e.! Eng
AND might hereafter rely on vour authority iora con
s'ruc,ion favorable 10 her pfeensoES, and neon
sis'eat with the interest aud honor Of the United
States"
In another par, Of your letter you observe: "Thc
publication of my letter, which is TO produce this
suit, is TO be the Of the Government and my
act. But if the President should think that the slight.
est injury 10 the public interest would ensue from the
disclosure of my views, the letter may DE buried in
The archeves of the Department, and thus forgotten
and rendered harmless
To this have to remark in the first place, that
stances have occurred ~ other times, not unkno"n Il
You, in which highly important letters from ministers
o! the United States in Europe 10 their Gosern-
m,cn:. have found heir way INTO The newspapers I'll
Europe hen that Government Itself he'd 10 be
rnsis'ent with the Interest OF the IT, States to make
such letters public.
But it is hardly worth while 10 pursue a topic like
this
You are pleased 10 ask "Is il the duty Of diploma
tic aren't 10 receive all the communications Of his Co
vsrnmcnt, and 10 carry into effect their Instructions,
sab ,cntio whatever mag be his sentiments in re-
!alion 10 them, Or is he not bound faithful repre-
sentative to commemorate freely, but respectfully his
own views that these may he considered, aaG receive
their due weight IN at particular case, or, IN otaer
circumstances, involving similar considerations II
tina: the bare enuncia,l"n uf the p-IncPe
is ali TINT is necessary for mr. Iustl.ica'inu ] an
speaking Of the propr:cy OF my action not o! HE
manner IN which i performed. | may have exc.
cu;ed The task vel. OF Ill ] may have introduced
topics unadvissdy, and urged them lnd'screety All
tins | leave without remark. | am only endeavorin.
here 10 free myself from the serious charge which you
bring against If have Inexperienced the duties
of an American diplomatic agent upon this subject,
an well satisfied TO have withdrawn by timely res'g
nation, from position in which my own self respect
would not permit me TO remain and ! may express
the conviction, that there is Government certainly
none this side of Constannople, which would not en-
courage rather thnn rebukc the free expression OF the
views Of their representatives IN foreign countries.
answer certainly not. In the letter 10 which! you
were repIyng il is fully stated, that "n common with
every other citizen Of the republic, you have an IN
o.e.ana3c right TO form opinions upon public trans
actions and the conduct Of public men. Bat IT w'i.
hardly be thought 10 be among either the duties or the
privileges of minister abroad 10 make formal remon'
srances and protests agains, proceedings oil the various
branches Of the Government at home. upon subjects IN
relation which he himself has not been charged with
any duty, partnkea any responsibility
You have not been requested TO besow your appro.
baton upon the treaty, however gratifying u wonia
have been the President 10 that III that respect
you united with ether distinguished public agents abroid
Like all citizens of the republic, you quite A. !heT-
t. to exercise your Judgment upon that, rs upon
~ her ansacons Eut neither observations, nor
his ncession cover the They d" not ho~ ai,
n public minisie. abroad It IS part 81 yor! o'iicai
fYctoas in pubic despatch, 20 demonstrate agains'
The conduct OF the Government 1t home N relation 70
Transaction in whch ,nu bore part and fer which yen
e.c in no way answerabe. The Presiten. and Senate
must be permitted Judge for themselves IN matter
solely within thei. control. Ncr do know ,hat IN
complaining of your protest against their proceedings
iu case of this kind, any thing has been cone 10 war
rant on your part nvidons and unjust reference 10
Consaniinople. If you could show, by the genera
practice of diplomatic functonares in the civilized part
Of the world and, especially, if you could show
by any precedent, drawn from the conduct OF me many
dis,ine ushed who hove represented me Govern
men, Of the L. States abroad, that your letter OF the
Sd October was iis general object, tone ana cna
racer within the usual limits OF diplomatic cores
ponence Won may be quite assured That he President
would not have recourse the code OF i1:key N order
to find precedents the other wsy.
You complain tha, in The etteriron this Department.
Of the lIth of November, a statement Contained IN
yours of the 81 Of October, is called tissue CT ms
lakes ard you attempt 10 SHOW the Improperly o' this
appella'"n.
in reply, be then cous'd"red
II your letter ur Oc.ehsr :. you remark, 'hal Eng
land then Urged tne United States TO enter INTO a
Conventional Arrangement, by wA'cn &c f'';ht be
pletged 1, concur with her il measures .or IN SIP
son &c The slave trade Till taen, ~e had e%scu
led on. own laws own way bilyis!d'hg 10 ihis
application, and departing from our 'ornef pnncip.e
oi avoj mr. European combinations rp,a sh'lec's no.
american we stpuisteG, in solemn treaty That re