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Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent §tre f ilm6s A des taux de reduction dif f 6rent8. Lorsque le document est trop grand pour Atre reproduit en un seul clichd, 11 est f ilm6 d partir de I'angle supirieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images n^cessaire. Les diagrammes suivants illustrent la m^thode. 1 2 3 1 2 3 4 5 6 _*'K ' ; '■*: ■ yK^. %. » r3- '^w •'•■^, »* **•, 'Jl*' 4 •»■-*■» \ *, ■* :-»^- %^-*. t. ■-^ ■A 1^' 5;-^' .»v ^■^--fV .1 1 r•'•":^ * •4 / / ' • k >- •1^* o Ail CORRESPOHDGNCE ' BCTWtBlf \ 'l MR. SECRETA^t ^NNINa, ■ ■ • 'V ♦■■?:-■ '■ytf*'- ^'., i ♦ Ann i .- ■ ^- TUB MOJi: D. ERSKIJ^M. .,i...A-J,j f'^- 'rVr, '^t "r , \ ,.»miu.» #*• ■.«M*>,.i«k*'' .'Trf'-- - ^,., ,*, '.^J^ *' '•'»f;.7X'RSfic -■/■« •■^ . - 'X,' /tt; ,C«4' *K- j&;\:^zm^:m :m%'t:w n M. ^i' \i m ■if r J»---»>»™.w. f COREESPONDENCE V .1 '/ "V . .t ,■> BETWEEN t' MR. SECRETARY CANNING, ■vStfiVH^it^^r- ;■. V^ ' "■ i^*h ' m §^ 1 V h {J:- THE HON. D. ERSKINE. AS PRINTED AND LAID BEFORE THE HOUSE ^>^r>i^-,, ',^ V : ;-• OF LORDS, -^^^-t----^--^. ■ %*-r-'h-5!i>v> *^' "iv . :,-j* .* ■'>*;■ -t-; ■iiv;'*'. -ti< ?!':, I , ! LONDON: PRINTED FOR J. RIDGWAY, 170, PICCADILLY. OPPOSITE BOND-STREET, 1810, .*-v A 'K'- ■ ^ '' ■ ■" ■»I " » - < ' P W-yy.^'ayi(ysm.ii'^^' :Wi".'Ja ,?>mYi^ko ■^.v\^:vMa^'3». .m^ iX%A . l» -■ ■■'ii .a54-Ul?Ji;i ,« .>101I HUT ^■.::^b ar 5 a B Bw ? aii^v'^i?:;ste^^? ipft'^^ ' '. 7i d ■;. ,1 Printed by W.Wiot, Old Bailey, Ltndon. s ^ ' .'h M 'U ■>:'-\ ^A ■ ■l-.i"v PREFACE. ■ , ■■■■■ ,;,■■... I* ■ , " ' The follo\ving Correspondence between Mr. Secretary Canning and Mr. Erskine has been printed by order of the House of Lords^ on the motion of Earl Grey. His lordship moved for the papers in their chronological order, as we have printed them. How they came to be laid before the house without any regard whatso- ever to dateSj we do not know, except that we have been informed it was itiiiQnfotmity with the usual course of office. • ^ I » ' ' T-/ :i ' }■• l # :' 1 • '■■ ;■ 'i """-•'• fV\.-,:. -::",■■ * ' '." ' ; *■* .7i'.> > .V . A '^'*;v ^rf -. .): ; A . I • •■..•■'■^j- • '^V/'v' ; I ■, ^ .." w (I ■ m|j frso ..a^'uxl JO c^^.-ioH '>f<*?i> i-jv-^ ,r,j r,. v.;,,! fcf4ii 3d oi atiUiJi 7oii> 't/t-}± .n:'iih b'}.)*>iv' irtA ■' ■ ■♦, / ^,-h. ■' '^'h ^ V *n.-} - W&-' $^ ■ •, ■ , 1 • •/< >iV CORRESPONDENCE, &c. .. 'v:Ki%"r e^-"- .p. '^••\! v?M ;Fu«''«B?: -:'-■•■' a^'"^ ■■^K" No. I.' ^,?|^. ^^>,yf \^ _ -ii^*- ;[ Dispatch from the Honourable David ' •iU : . £r|kine to Mr. Secretary Canning, dated ^ '^^ M '^r WaebiDgtOD, 3d DecemlifBr 1808. ' ' Sir, ' ;•-■■>. The government and cofrgtess have been quite at a loss how to act in the present extraordinary and em- barrassing situation oi their public atTairs, and ther have not yet determined upon the measures which they mean to pursue: but I think that I may ven- ture to assure you that the course of conduct recom- mended by the committee of the house of represen- tatives, to which was referred the documents men- tioned in the president's message to congress, will in substance, at least, be adopted for the present, with certain amendments, so as to give some time previous to its going into operation. ^ > . lynn .tniovi^ovi J » It is not, however, denied by those even who have introduced this measure, that it is only of a tempor- ary nature, and that the United States may be driven to adopt a more decided course of conduct against the belligerents before the present congress closes, or at any rate soon after the meeting of the new legis- lature, in consequence of the feelings and sentiments of the eastera divisioQ of the United States, which .# \ . \ has almost universally expressed a disapprobation of the continuance of the embargo, and ban be^un to shew symptoms of a determination not to endure it much longer. The government and party in power unequivocally express their resolution not to remove; the embargo, except by substituting war measures against both belligerents, unless that either or both should relax their restrictions upon neutral commerce. Upon this subject gome important communica- tions have been made to me by Mr. Madison, and se- veral of the members of this go'ernment, which I will accordingly lay before you, as I confidently be- lieve they were delivered from an unfeigned desire that they might produce the effect of loading, if pos- sible, to some adjustment of their differences with Great Britain, so as to enable the government and the nation to extricate themselves from the present very distressing dilemma in which they are involved. J* Mr. Madison expressed his firm conviction that when the documents referred to in the . president's message should be seen by his majesty's government, and the ' correspondences between their minister in France "Wtth the French minister respecting the de- crees of Berlin and Milan should be deliberately con- sidered ; particularly the strong remonstrance of Mr. Armstrong to the French government, of the 12th Nov. 1807, that it would be acknowledged that the United States had exerted all the efforts which re- monstrances could have been supposed to be capable of producing, and that in failure of any effect from them, in persuading the French government to with- draw their uiyust restrictions upon neutral commerce, recourse might have been had by the United States, to measures of more activity and decision against France ; but that in the mean time time Great Britain had issued her orders in council, before it was known whether the United States would acquiesce in the aggressions of France, and thereby rendered it im- possible to distioguish betwe«B tbi conduct of the .."*■■ 1 1 1/ •i ,: •• two hf>Uiger«ntfi, who had eqiinliy committed ag- gressions against the United StateH. He went aIao into all the ar>]fumentii upon that subject which are detailed in his corresoondences with the American ministerB in London and Paris, as published in the documents referred to in the pre- ftident't) meHsage, but which I du not now repeat, as my object is merely to inform you of the result of his observations, which was, as the world must be convinced that America had in vain taken all the means in her power to obtain from Great Britain and France a just attention to her rights as a neutral power, by representations and remonstrances, that she should be fully justified in having recourse to hostilities with either belligerent, and that she only hesitated to do so, from the dilTiCulty of contending with both ; but that she must be driven even to en- deavour to maintain her righti^ against the two great- est powers in the world, unless either of them should relax their restrictions upon . neutral commerce, in which case the United States would at once side with that power against the other which might con- tinue its aggressions. **■•• ' ».> he Mr. Madison observed to me that it must be evi- dent that the United States would enter upon mea- sures of hostility with great reluctance, as he ac- knowledged that they are not at all prepared for war, much less with a power so irresistibly strong as Great Britain, and that nothing would be thought to be too great a sacrifice, to the preservation of peace, ' except their independence and their honour. He said that he did not believe that any Americans would be found willing to submit to (what he termed) the encroachments upon the liberty of the rights of the United States by the belligerents, and therefore the alternatives were embargo or war. He confessed that the people of this country were beginning to think the former alternative too passive, and would perhaps soon prefer the latter as even less injurious to the interests and more congenial with the spirit of a free people. B ■fe;' 10 He declared to me that every opinion which he entertained respecting the best interests of his coun- try, led him to wish that a good understanding should take place between Great Britain and the United States, and that he thought that the obvious advan- tages which would thereby result to both countries were a sufficient pledge of the sincerity of his senti- ments. The reasons which induce me to believe that the views and determinations of this government as de- scribed to me by Mr. Madison, are their real senti- ments, and that they will pursue that course of con- duct which they have marked out, arise from a ma- ture consideration of the actual state of the affairs of Ihis country, the particular situation of the govern- ment and ruling party, and from certain private but important communications, which have been made tome by some of the members of the administration, who are sincerely desirous of a conciliation with Great Britain.,-,,; ,.i i..\^..^-.;^[ . - It is evident from every thing which has lately taken plaqe in this country, that the people at large are de- sirous of having the embargo removed, but it is also to be collected from the result of the elections through- out the United States, that the present ruling party have a decided majority of the people with them, and as they have pledged themselves not to repeal it, while the restrictions upon their neutral rights con- tinue in force by both belligerents, without substituting war measures, and as they themselves acknowledge " that the ultimate and only effectual mode of re- " sistingsuch warfare, if persisted in, is war," and *' that a permanent suspension of commerce would ** not properly be resistance, but submission." I can- not therefore conceive that it would be possible for them to retract their declarations, and indeed, they would not have the so zivr of continuing the embargo more than six months, and of course, therefore they must substitute war measures, when it should be with- drawn, unless they were to abandon all the princi- \\ %Mf^'-~ *^^fl^'t^*''l^^: u pies they have laid down, and to change all the 1:6- ■olutions which they have so Unequivocally expressed. It is true that they might possibly do so, if they fbund themselves pressed by the number and strength of their opponents, or by a change in the opinions of their majority amongst the people; but it is plain from the decision in the house of representatives in congress, upon the resolutions proposed by the com- mittee appointed to consider the subject of their fo* xeign relations, which were carried by a migority of eighty-four to twenty-one, that they hare not lost any ground in the present congress, and the result of the elections for members of congress, proves, that although they have lost some votes in the Eastern States, that th^y will have a great majority out of the whole number of the next congress. For these reasons I conclude that the government party could carry along with them the support of the people in the measures which they might resolve to take, and I have already explained, why I believe they will adopt the course of conduct which I have described in tue foregoing part of this dispatch, arising out of the state of the country and their own parti- cular situation, and I will therefore proceed to explain my private reasons for feeling confirmed in their opi<« nions, and will have the honour of laying before you 90me important communications which were made to me by some of the members of this government, unofficially, but with a desire that they might pro* duce a favourable effect towards a conciliation with Great Britain. I beg leave to refer you to my next number in which they are detailed. I have the honour to be with the highest respect. Sir, 4 'M*i vf^ Your most humble servant ! D.M.ERSKINE. -i* iV- ^•'iS'w- .'■■ <' m /^ J. .'ji\ :■ i f m- ^ .#■• ■»>■?»« No. II. -. W DlSPATCHfrom the Honourable David Erskin^, to Mr. Se6retary Canning, dated Washing-^,^ ton, 4th December 1808. Sir, IN the course of several private interviews which t' had with Mr. Gallatin, the secretary of the treasury, and vvith Mr. Smith, secretary of the navy, I have col- lected from them that their sentiments coincide with' those of Mr. Maddison, which I have detailed at some length in^the preceding number of my dispatches, reppecting* the proper course ofconduct which ought to be pursued by the United States, in their present situation, although they had differed as to the pro- priety of laying' on the embargo, as a measure of defence, and had thought that it would have l)een better to have resorted to measures of a more decided nature at first, but that now they had no other means left, but to continue it for a short time longer, and then in the event of no change taking place in tlie conduct of the belligerents towards the United States,^ to endeavour to assert their rights against both pow- ers ; but that if either should relax in their aggressions, they said they would vote for taking part with that one against the other which should continue its ag- gressions. , . AiuHtvn '^itiil "^0 'ii'^m^-W.^m ixi ^ Mr. Gallatin remarked to me, that the resolutions which were proposed by the committee of foreign relations in their report to the house of representatives, and which had already passed in the committee of the whole house, and would perhaps soon pass into a law, seemed to him to remove two very important grounds of difference with Great Britain, viz. the non-imporlation act, as applicable to/ her alone, and the president's proclamation, whereby the ships of Great Britain were excluded from the ports of the United States, while those of France were permitted to enter, but now, by the non-intercourse law both . ^v_-.-'; .■■"..' \ /' .' .'/ powers were placed on the same footing; he did not pretend to say that Hi» measure had been taken from any motived of co dsioii to Great Britain ; but as in faqt those conseqiv. ices followed, he conceived they might be considered as removing the two great obsta- cles to a conciliation. This he wished might be the case, as he intimated to me that such steps were about to be taken by congress upon another very important subject of the differences between the two countries, as might have a further effect, in leading to a favour- able adjustment of them. He informed me, that a law was about to be proposed to congress, and which he believed would pass, to interdict pU American vessels from receiving on board any foreign seamen, under heavv penalties or forfeitures, and that already the ships of War of the United States had been order(Ml not to receive any, and to discharge such as were at that time on board. This subject is also alluded to by Mr. Giles, the senator, in his speech, who is high in the confidence of the government, and it is said, is to be Mr. Madison's secretary of. state. Mr. Gallatin also said, that he knew that it was intended by the United States to abandon the attempt to carry on a trade with the colonies of belligerents in time of war, which was not allowed in time of peace, and to trust to the being permitted by the French to carry on such trade in peace so as to entitle them to a continuance of it in time of war. ts * In this manner he observed all the points of differ- ences between Great Britoin ttnd the United States might be smoothed tfway (was his expression) and that the United States would be willing to put the inter- course with Great Britain upon a perfect footing of reciprocity, and would either consent to the arrange- ment that the ships of both nations should pay the jam6 duties reciprocally, or place each other simply upon the footing of the most favoured nation. ^^ i, I have no doubt that these communicatl'^'"! were made with a sincere desire that they migh'*; produce the effect of conciliation, because it is well known that Mr. Gallatin has long thought that the restrictive and n ) 9 l) . ki ■^. jealous system of non-importation laws, extra duties, and other modes of checking a free trade with Great Britain have been erroneous and highly injurious to the interests of America; heinfbrmed me, distinctly, that he had always entertained that opinion, and that he had uniformly endeavoured to persuade the presi- dent to place the conduct of Great Britain and France towards the United States in a fair light before the public. He seemed to check himself at the moment he was speaking upon that subject, and I could not get him to express himself more distinctly, but I could clearly collect from his manner, and from slight in- sinuations, that he thought the president had acted i^ith partiality towards France. For he turned the conyersation immediately upon the character of Mr. Madison, and said, that he could not be accused of having &uch a bias towards France: and remarked, that Mr. Madison was known to be an admirer of the British Constitution, to be generally well disposed to- wards the nation, and to be entirely free from any enmity to its general prosperity. He appealed to me, whether I had not observed that he frequently spoke with approbation of its institutions^ its energy and spi- rit, and that he was thoroughly w^ll versed in its his- toiys, literature, and arts. ■It. These observations he made at that time for the purpose of contrasting the sentiments of Mr. Madison with those of the president, as he knew that I must have observed, that Mr. Jefferson never spoke with approbation of any thing that was British, and always took up French topics in his conversation, and always praised the people and country of France, and never lost an opportunity of shewing his dislike to Great Britain. ^ \\ At the close of my interview with Mr. Gallatin, he said in a familiar way, " you see, sir, we could settle a treaty in my private room in two hours, which might perhaps, be found to be as lasting as if it was bound up, in all the formalities of a regular system, and iQight be found as reciprocally useful as a treaty (( (( Ha ':. ■ ,^#' '■■'•«',. . . ■ •* consisting of twenty-four articles, in which the " intricate points of intercourse might be in vain at- " tempted to be reconciled to the opposite, and per- " haps, jealous views of self-interest of th?. respective " countries." I have taken the liberty of detailing to you the sub-' stance of this un-official conversation with Mr. Gal- latin, in order to explain to you the grounds upon which I have formed my opinion that the members of the present government who it is expected will be- long also to the next, would be desirous of settling the differences of the United States with Great Britain, to enable them to extricate the country and themselves from the difficulties in which they are involved; for it is now, I believe, determined that Mr. Gallatin will accept his present office under Mr. Madison, which was at one time doubted. The character of Mr. Gallatin must be well known to you, to be held in the greatest respect in this country for his unrivalled talents as a financier and as a statesman. There can- not I think be any reasonable doubt entertained that he is heartily opposed to French aggrandizement, and to the usurpations of Buonaparte. He was an enthu- siast in favour of the French revolution, in the early periods of it, but has long since abandoned the favour- able opinions he had entertained respecting it, and has viewed the progress of France towards universal do- minion with jealousy and regret , . ., I I ■. How far the good will of this government and coun- try cowards GreatBritain may be worth in the estimation of his majesty's government, the sacrifice of the orders in council and of the iinpression which they might be expected to make on France, it would be presump- tuous in me toventure to calculate, but I am thorough- ly persuaded that at that price it might be obtained. I have endeavoured, by the most strict and diligent enquiries into the views and strength of the federal party, to ascertain to what extent they would be willing and able to resist the measures of the party in power. \ > 1 16 ', >' . and howfar they could carry the opinions of this coun* try along with them in their attempts to remove the embargo, without recurring to hostilities against both , Great Britain and France. ' , ^' I[pon a mature consideration of this subject I am persuaded that great as the desire is which generally prevails for the removal of the embargo, that the federalists would not venture to recommend that it should be withdrawn, without proposing some mea^ sures of greater energy as a substitute. Some have < indeed hinted at the propriety of at once declarinf war against France ; but few, however, of those who have been most clamorous against the embargo, have yet offered their opinions as to wha*^ course ought to be pursued, although all have declared ai^ainst the submission to the restrictions upon their' neutral rights. When the small number of those who have pointed out the propriety of going to war with France, alone, is considered, even of the federal party, I cannot be- ILieve that such a measure would succeed. ■»« All the leaders of the democratic party in congress «nd out of it, declare that they only propose the con- tinuance of the embargo for a' short time, and that if the voice of the people at large is for more active 're- sistance, that they shall be willing and ready to put forth the strength of the country for that purpose. iThese declarations are to be found in the speeches, dome printed copies of which I have sent herewith ; you will find, however, that in some of them a great ftress is still laid upon the effects to be expected from the embargo in coercing the belligerents, particularly Great Britain, to relax in her restrictions, from the dis- tress and inconvenience which is likely to be produced by the want of the produce of this country. 1 This reliance upon such consequences from the embargo is greatly, indeed almost entirely diminished 17 in the opinions of most people, and I doriceive thatth® only reckon why the ruling party wish it to be con- tinued arises from a hope that time might afford them an opportunity of better judging of the probable issue of events in Europe, particularly of the success or failure of Buonaparte in Spain. t' v' * It may be doubted whether the privations and in- conveniences produced by the embargo in this coun- try, will not compel the congress to take some hos- , tile measures, in order to have a pretext for its removal, of so trifling a nature, however, as to leave it to the belligerents to overlook them, if they please, and to save the ruling party from the necessity of going into war measures ot great expence and danger, not only to their own popularity and power, but, perhaps, even to. the safety of the Union. I propose to nave the honour of offering some remarks upon this subject in the next number of my dispatches. , ; -f^i-f s 'r - ' ••■■ ■ r^i With th^ highest respect, -"*' I have the honour to be " Your most obedient humble servant, ' D.M.ERSKINE. ^>3 :^-';.;,-^, .'^^imWv -f- , No. III. ^K<'i f!o; DISPATCH from Mr. Secretary Canning to the Honourable David E rskine, dated Foreign Office, 33d January 1809, Sir, Your dispatches from No. 46 to No. 49. both in- clusive, have been received and laid before the king. The most serious attention of his majesty's govern- ment hfls been directed to the important matter treated in those dispatches ; and especially tothosfe D ., ^, 4' .•V % ■-!fv ■k ''■»<■ 'i< confidential comniunications which you represent yourself to have received from different indiviJuals, of weight and influence in the American government, respecting the political, relations of Great Britain aiul the tfnited States. h> It must be confessed, that the conciliatory disposi- tion which these individuals describe to you as ex- isting on the part of the American administration, does not appear either in the acts of the government or in the debates of congress. But the intimations which have been given to you of the difference be- tween the personal sentiments of Mr. Jefferson, and those of his probable successor in the presidency with respect to this country, and the hopes which you have been led to entertain, that the beginning of the new presidency may be favourable to a change of po- licy in America if opportunity and encouragement for such a change shall be afforded by this country ; have induced his majesty's government to review and consider the most important points of disagreement between the two governments ; and I have received his.majesty's command to send you such instructions on those subjects, as must, if the government of the United States be seriously disposed to accommoda- tion, lead to their immediate and satisfactory adjust- ment. , ,,',^„^ ^^,^,, -,^, ■. The first of these points is the affair of the Chesa- peake. * ::■ I: Nothing prevented an amicable conclusion of this discussion by Mr. Rose except the refusal of the American government to withdraw the proclan^ation issued on the 2d July 1807, by which the ships of war of Great Britain were interdicted from the harbours of the United States, while those of France continued to be allowed a free resort to them. The construction given by Mr. Madison to the resolution of the committee, to whom the considera- tion of the foreign relations of the United l^tates were w .. w '*. ■^ ;((9 refen .(.t the opening of the present session of con- gress, undoubtedly goes a considerable way to remove ithe objection to which the proclamation was liable. •rti Of the exclusion of the ships of war of both belli- gerents from the ports of a neutral state, neither bel- ligerent has a right to complain. The partiality of that regulation alone, gave it a character of hostility. If therefore 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 at the time of passing the re- solution shall have been warned to depart, his majesty would no longer insist upon the formal recal of the proclamation as a preliminary to the ac^ustment of the difference arising from the alfair of the Chesa- It is still necessary however that either the pro- clamation should be withdrawn, or its operation for- mally declared to be at an end; but it will be suffi- cient if that withdrawal or declaration is recorded (according to the arrangement which Mr. Madison professed himself ready to adopt) in the same instru- ment, or at the same timCj with the terms of repara* tion, which his majesty is now willing to offer. The terms of reparation which Mr. Rose was au- thorized to propose, were in substance, ^, ,.v^-' 1st. A formal disavowal by his majesty of the act of Admiral Berkeley; ^:r v./,;. ,,, .ii,!v-..q>i; u.ji. ; 2dly. The restoration of the men forcibly taken from on board the Chesapeake, reserving to hia ma- jesty the right of claiming in a regular way from the American government, the discharge of such of them ns might prove upon investigation to be either natu- ral-born subjects of his majesty, or deserters from his majesty's service ; . • ^^^j/ '^ g. , ] f . -r •' t'i - , -4 , . : . . * t'^"' '■■* -^ - 1 ' -;. . . . .ii> J , V ' . till -iji t il f it, might lead to complicated and fruitless controversy, his majesty on his part would be con- tented at present to wave any demand for retrospec- tive disavowals on the part of the government of the United States ; that government l)eing, on the other hand, contented to receive back the men forcibly taken out of the Chesapeake, as the single and suffi- cient act of reparation. ii^'iv. '^•t . •.■:! " To which, however, his majesty would still be willing to add the provision for the widows and or- phans of the men killed in the action, but as an act of his majesty's spontaneous generosity. W /re This arrangement I have every reaion to believ€» both from what Mr. Pinckney has stated to me and wrhat Mr. Rose reports of Mr. Madison's unoflTicial conversations, would be satisfactory to the American government upon this subject. Whether this arrangement shall be settled by a for- mal convention or by the exchange of ministerial notes dated the same day, and reciprocally delivei-ed at the same time, is left to the decision of yourself and of the American minister. («* liH**) ij^ttt ct m*ibw I have only to add (tho* I see no ground to appre- hend that such a demand is likely to be brought for- ward) that you are steadily and peremptorily to refuse any demand for any mark of his msyesty's displeasure to admiral Berkeley, than that which was in the first instance manifested, by that ofTicer's immediate recal. You are to open the subject of Chesapeake separately and distinctly. The manner in which the proposal for the adjustment of that difference may be received will be the best test ofthe general disposition of the Ame- rican government, and will naturally indicate the course to be pursued in respect to the further instruc- tions which I shall proceed to communicate to you in another dispatch. I am, &c. jk i/mpim;:;^r;ii; '■^ "^mfi^MiiM^^m'^i >;i-i- (Signed) GEORGE CANNING. •<«;■ i'u,;^rf I. J r-r't - •Ji>>' ; No. IV. j,v,..^,j ;_,.;; ,f, -i -.i'V^^Tfr. fi^it^ II I m .•'X ■'■' r^^jl— <». .,. li')' DISPATCH from Mr. Secretary Canning to the Honourable David Erskine, dated . ii'oreign Office, 23d January 1809. iift, f .■^i . .'ii Sir;' If there really exists in those individuals who are to have a leading share in the new administration of the \ I r United States, that disposition tocomo to a'romplrte and cordial uiiderHtanjIinK with (ircat Britain, of which you have received from them such positive assurances ;' in meeting that disposition it would he useless and un- profitable to recur to a re :apitulatinn of the causes from which the dilforenccs between thiv two govern- ments have arisen, or of the agreements already so of- ten repeated in support of that system of retaliation to which his m^esty has unwillingly had recourse. That system his mj^jesty must unquestionably con- tinue to maintain, unless the object of it can be other- wise accomplished. '^, _ But after a profession on the part of so many lead- ing members of the government of the Unitecl States, of a sincere desire to contribute to that object in a man- • ner which should render the continuance of the system adopted by the British government unnecessary, it is thought right that a fair opportunity should be atlbrd- ed to the American government to explain its meaning, and to give proof of its sincerity. , a,, ■ mfj>Wiii «■*''"■ The extension of the interdiction of the American harbour to the ships of war of France as well as of Great Britain, is, as stated in my '^"ther dispatch, an acceptable symptom of impartial iiy towards the bel- ligerents. The first that has been publicly manifested by the American government. The like extention of the non-importation act of the other belligerents is equally proper in this view. These measures remove those preliminary objections which mwst otherwise have precluded any useful or amicable discussion. In this state of things it ispossil ! j for Great Brit?u';) to entertain propositions which, while such raanife^'. li partiality was shewn to her enemies, were not consist- ent either with her dignity, or her interests. fid From the report of your conversationi with Mr. Madison, Mr.Galatin, and Mr. Smith, it appears. 1st, That the American govern iiu lit is prt'parcd in. the event oniisinajt'sty'Hconstulisc to v\ifli'lraw the orders in council of January and X..vember l»<)7, to withdraw contemporaneously (;i its pari •''•> intcrdic- tioii ofits liarl>our8to ships ot'uMi, and all uoii■«.•* -tr. Nil/ ^if.' oJ .•).•,* '/mi»'» 4-»i^^i*-'' *:•'' ^Jiy, '^n .*. is of the utmost importance, as pre- < li:dit;g a new source of misunderstanding which might driir li^er the adjustment of the other questions, that America is willing to renounce, during the present war, the pretension of carrying on, in time of war, all trade wit h '^hc- enemies colonies, from which she was excluded during peace. 3dly, Great Britain, for the purpose of securing the operation of the embargo, and of the bonajide inten- tion of America, to prevent her citizens from trading with France, and the powers adopting and acting un- der the French decrees, is to be considered as being at liberty to capture all such American vessels, as may be found attempting to trade with the ports of any of those powers ; without which security for the observ- ance of the embargo, the raising it nominally with re- spect to Great Britain alone, would in fact raise it with respect to all the world. On these conditions his . majesty would consent to withdraw the orders in council of January and Novem- ber 1807, so far as respects America. A^ the first and second of these conditions are the suggestions of the persons in authority in America, to you, and as Mr. Finckney has recently (but for the first time) expressed to me his opinion that there will be no indisposition on the part of his government to the en- \'» i' ' ' 4 •.-.• . \ I forcement by the naval power 0/ Great Brifain, of the regulations of America with respect to France, and the countries to v": 'ch those regulations continue to apply, but that his government was itself aware tliat, without such enforcement, those regulations must be altogether nugatory, I flatter myself that there will be no difficulty in obtaining a distinct and official recogni- tion of these conditions from the American govern- ment. _ " '^^ ' For this purpose you are at liberty to communicate this dispatch in extenso, to the American secretary of state. -.,.,-*.■:.■■,...-.,, . ■ ^ - ._2;_ "v;^,Av; ,^ Upon receiving through you, on the part of the Ame- rican government, a distinct and official recognition of the three above mentioned conditions, his majesty will lose no time in sending to America a minister fully empowered to consign them to a formal and regular treaty. As, however, it is possible that the delay which must intervene before the actual conclusion of a treaty, may appear to the American governn\ent to de- prive this arrangement of part of its benefits, I am to authorize you, if the American government should be desirousof acting upon the agreement before it is re- duced to a regular form, either by the immediate re- petd of the embargo, and the other acts in question, or by engaging to repeal them on a particular day, to as- sure the American government of his majesty's readi- ness to meet such a disposition in the manner best calr culated to give it immediate effect. , '^ Upon the receipt here of an official note, containing^ an engagement for the adoption, by the American go- vernment, of the three conditions above specified, hie majesty wilLbe prepared on the faith of such engage- ment, either immediately, (if the repeal shall hav« been immediate in America) or on any day specified by the American government for that repeal, reciprocally to ■ L'^ifv;':' TO -i^ ^^' ;. ^ ■»*•'■;? tusmsiidmiv^ii ^'X- ■^: 23 redal the orders in council, without waiting for the ' conclusion of a treaty. And you are authorized in the circumstances herein described, to take sudh reciprbc&l ^ngagemdnt on his majesty's behalf* afK<*^^,l«ldj8Ji/onolJ jlt ' *-»i-,A'^i»J^fl i: ,'IP' F'i'f tam,&d. '^ ; • (Signed) GEO* CAWJJG. {ii^jk<«?r'|v^d aitb^-t'«2yMjpl'» m%^itfr^rH^f(t'^ - .^UO; t^lSPATCH from Mr. ^cretary Canning to ,^ the Honourable David Erskine, dated Fo* teign Office, 23d January, 1809* 'Sir, i- •^+.j. ai*«''>£.rl^ In addition to what I have stated in my precieding dispatch of this date, I think it right to assure you, that the intention of sending a minister to America, as therein announced, for the purpose of concluding a tieaty with the United States, has not arisen from any doubt of your executing the commission, if it had been entrusted to you, with zeal, and with ability ; but it is presumed, that after the long suspension of friendly intercourse with the United States, a minister sent for this single and special purpose, and fully apprized of all the sentiments on this subject, of the govenmient, by which he is employed, would have a better prospect of removing, any difficulties which might occur, than if tbenegociationwereto be conducted by the resident mmister. lam, &c* ' GEO. CANNING ■ii.:' iii . '■ * ■^■'?jn! ■ ri v» .gf* r\ '^ No. VI. 0ISPAT(^H fipom Mr. Stcpetwy Canning to the Honourable David Erskine, dat«d Fo* reign Office, 23d Januaiy, 1809. - - V -■ : : In your dispatch No. 47, among th^ other important suggestions which you state yourself to have received from Mr. Galater» is one, tbft purport of which is, that supposing all the existing differences between the two countries to be done away, the system of their com- mercial intercourse might b« better regulated by the short and simple agreement, either to admit such other productions on equal and reciprocal duties.or reciprocally to place each on the footing of the most favoured nation, ^han by any more minute and complicated provisions. The sentiments upon which the suggestion appears to be founded are so much in unison with those enter- tained here, that I am to direct you, in the event of the subjects mentioned in my dispatches being put in a train of adjustment, to endeavour to obtain from the American government some more precise and authen* tic exposition of their view upon this subject, to be transmitted here for consideration, if possible, at the same time with their answers upon the subjects of those other dispatches. It will not, however, be desimblie '!?hat those answers should be delayed for this purpose. ."if i, r:!\ ajs But you are authwized to assure the American go- vernment of the readiness with which we shall be pie- pared to enter into the amicable discussion of the com- mercial relations of the tu o countries, on the basis of the latter of the two principles proposed by Mr. Gala- ter, whenever these obstacles, which stood in the way of the renewal of their intercourse, shall have been hap- pily removed. In this case, as in respect to the subject of my other ^dispatches, you will see that the sincerity of the good disposition professed by t!;e persons composing the new Administration, is the point tne most important in the view of the British government. if such a disposition really exists, all difficulties will (as Mr. Galater has expressed himself) be easily smoothed away. If unfortunately this hope should be disappom'ted. Great Britain has only to continue the system of self defence and retaliation upon her enemies to which, she has been compelled to have recourse, with the con- sciousness of having eagerly seized the first opportunity that appeared to be oHered to her, of obtaining, through an amicable arrangement with America, the pbject for which that system was established* ^;m^^i {'^^j^':^>^j4'''"^f^'^i^' -h^p'i' ■m't'^ ■ 3:f )n*?if?M' » hns; •^•*wr;T'>4'"^'' * f ^*; rt r'^' i CSijned) ' GEORGE CANNING. "^f'*^ DISPATCH from the Honourable David Ers- kine to Mr. Secretaiy Canning, dated Waslv No. VII. 'vl-? ington, 16th March, 1809.— received 15th April, Sir, Since the arrival in the Delaware river on the 10th instant of the American dispatch vessel the Union from England and France, I have had an interview with the president {Mr. Madison) and the secretary of Btate (Mr. Robert Smith) who expressed their senti- ments to me very freely relative to the intelligence which was brought by that vessel. The president observed, that the alteration in his \ ■M--^-' « §8 majesty's orders in council by the recent order which iiad been communicated by you to Mr. Pinckney, sus- pending " the operation of the acts as to any duties *• on exportation granted by the said acts as far as relates to articles being the growth, produce, or manufacture of any country being in amity with *• his majesty," &c. &c. did not in fact remove the objections entertained by the Uhited States ^gains,t the orders in council in any degree worthy of notice. That they still Tiolated the peutral rights of this coun- try, as they made it necessary fpr American ships to pass through England, which was not only an infringe- ment of the independence of the United States, but was completely destructive of their commerce, since the American vessels were prohibited from going to the continent after they had been forced to touch in England. ■ • *' * ^ ,u He remarked also upon the circumstance of Russia and Denmark being comprehended in the operation pf the order's in council, which he said was assuming a new principle, as the orders had been hitherto rested upon the ground of a right of retaliation, whereas Russia and Denmark have never issued any decree vio- lating neutral rights. He complained severely of this, and went over the same arguments upon these points which he had made use of while he was secretary of state, and seemed to be greatly disappointed and vexed that no change in the relations of the United States with the belligerents seemed likely to take place before the meeting of the new congress in May next, as he foresees the serious difficulties and embarrassments in which the United States will be then involved in deter- mining upon the course of conduct which it will be expedient to pursue, as it is universally thought that the non-intercourse law cavmot last longer than the next session of congress, and it will become necessary at that time either to abandon all idea of resistance, or to determine to adopt measures of hostility against both belligerents, which could not be carried in the last congress, and therefore are still less likely to b.e adopted in the new, which will consist of a larger f.ii} m UCi&S'n.iiS; HU lillU r ■'r S L**- ■^.' KHM 29 , . • . - number of members averse to such a desperate and unavailing course. The secretary of state (Mr. Robert Smith) repeated the sentiments which he had often expressed to me, when secretary of the navy, of regret that hia majesty's government seemed not to believe that the United States would resist the decrees of France. He thinks the correspondence between the American minister at Paris (General Armstrong) and the French govern- ment, prove the determination of this government, not to submit to them. He declared to me also that he knows that war would have been instantly declared against France, upon Great Britain's relaxing her or- ders, which he said were issued before the United States had an opportunity of ascertaining the illegal interpretation which France meant to put upon her decrees ; he added, that he was convinced that even now, measures of actual hostility would be adopted against France, without hesitation, should Great Bri- tain relax in her orders so as to atford the United States an opportunity of doing so with honour ; but that it would be impossible that they should single out France as an opponent, while Great Britain, contrary to her own declarations, enforced her orders before any acquiescence on the part of the United States in the French decrees had been proved. He acknowledged that it might be difficult to bring on a state of actual hostility between this countiy and Great Britain upon the grounds of any subsisting differences, but that he was desirous that an amicable understanding should prevail between the two coun- tries, which the present state of their relations would entirely prevent, He added, that he was afraid the irritations which were likely to be produced by captures under his ni^-* jesty's orders in council might lead to serious con- sequences, which he said he should deprecate, as he ^as unwilling to see the United States thrown into an alliance which he thought already too powerful for :.s \ y the interest of the world. He did not pretend to entertain any partiality towards England, but con- sidered that the interest of the United States waf the same at the present moment with that of Great .Britain. ,^^ These sentiments, as expressed to me by Mr. Robert Smith are, I believe, very sincere. I have been much acquainted with him and cannot I think be mistaken in the opinion which I have formed of his disposition and feelings upon that subject. Both the president and secretary of state are I un- derstand much oUended at the appointment of Ad- miral Berkeley to a high command, pending the serious complaint preferred against him by the United States ; they have not mentioned the subject to me, as no authentic account of the fact has been yet received; but I expect to liear strong representations upon the subject, should it prove to be well founded. .,^;. .. ... • As I have already had the honour to convey to you my sentiments upon the subject of the non-intercourse law, in several preceding numbers of my dispatches, as also upon the general aspect of affairs, in this coun- try, I will not trouble you with any further remarks, but beg leave to refer you to the enclosed extract from my No. 12. which was sent in his majesty's packet with the mail of last month, as it contains my opinion upon those topics, which are unchanged. ■ "''This dispatch, as also my Nos. 14. and 15. will be carried to England in the American dispatch vessel • Pacific, which will sail from hence in a few days with a messenger, a lieutenant Read; another vessel is going at tiie same time to France with a messenger and dispatches. INIr. Coles, the private secretary of the late president, is to be the bearer of them. \\ ■>:-*. li.^S-')'^* '|*\l ■.'i4*^i>v?-4 i»^i iy^n Ci' ■-**-»»*. i0ltt*'J»—» «. .. Rr#v''yir''r;r;iniMY ■I'lV-r*,; '^1.1.11 I i'i''iiiiiriit''f'ii 31 (Inclosure referred to in No. VII.) ' nf*^ Washington, 55th March 1809. Ab the ruling party perceive that it would not be in their power to carry the Eastern States along with them in a war with Great Britain, on the grounds of any subsisting diflerences between the two countries, they hope that the frequent captures of the vessels belonging to the Eastern States, which are likely to take place in consequence of his majesty's orders in council continuing in operation, may excite an irrita* tion in the minds of the people of those states, and lead to take a part in the next congress in any measures which might be pointed against Great Britain. 'ii ,4if"t..;i;«ji\;.i.i .rrf •■* . VI ffi /■- > I continue to be firmly persuaded that Mr. Madi- son, who has now been pronounced to be the next president, would most willingly seize the first oppor- tunity of recommending to the next congress to as- sert the neutral rights against France, should his ma- jesty d^em it to be just or exj)edient to cause his or- ders in council to be withdrawn, in consequence of a " determination being evinced by the United States^ not to submit to the aggressions of France. And I conceive that it is not at uU improbable that he might • authorize Mr. Pinkney to make a communication to you to that effect, as he has frequently in conversa- tion said to me, that no hesitation would be felt in this country, of entering upon hostilities with France, if she did not recal her decrees, but he always added, that it wafi impossible the United States could take such a step while his majesty's orders were in force, because their justification could only be attempted upon the grounds that the United States had acqui- esced in the decrees of France, which he uniformly^ contends has never been the case. It is evident to me that he will be supported m this sentiment by his own party in congress, and in the country generally so far as to prevent his feeling him- self compelled to single out France as an enemy. 32 M Vr,. «>.. ^hile his Tnajesty*8 orders ini council continued in force ; but I am perfectly confident that it would be impossible that they could bring on a war with Eng- land, unless it should be occasioned, as I have before mentioned, by an irritation produced in the minds of the people of the Eastern States, by the^ losses which might be sustained by them in their ships and commerce by captures under his majesty's orders. The weight and influence of the Eastern States has been sulficient to force the ruling party to abandoa their favourite system of embargo, and that too with- out the " painful alternative" of president Jefferson of war being substituted ; but I doubt extremely how far they could compel the congress and president in- to a war with France, unless the United States could be called upon to assert its neutral rights by the tem- porary removal of his majesty's orders in council to gire them that opportunity. It appears by the result of the state of the votes for president and vice-president which was declared in the senate yesterday, that Mr. Madison had 122 votes of 175, and that all the votes except three in the Southern and Western States, were in his favour, besides Pennsylvania; and that two-thirds of the votes of the state of New York were given to him. He had also all the votes of Bermont, but that was in oonsequence of the votes being given by the legisla- ture of that state, which happened to be democratic ; besides having 9 out of the 12 votes of the State of Maryland. , f;[. M t. ^;tii» fi li This vast majority would enable the president elect and his party to resist the solicitations of the four Eastern States should they urge the next congress to single out Fnmce as an enemy, because the same power which has proved incompetent to enforce an illegal, oppressive, and ruinous awl, would still be suf- ficieut to withstanv' a requisition to wage a war, which however just, would not be likely to be attended with any profit or advantage, v . • i . . : , ^^ij^miKmitmmm.'^f^ittimWp.'vmm 33 ' It 1b tru^ that a non-intercourBe law may be consi- e, that his majestyV subjects would get a great quantity of goods into the United States, but French subjects could not introduce any. Should his majesty deem it prope;- to consider the non-intercourse law in the liglitofa municipal re- gulation, which t!ie United States had a right to es- tablish, and not as a measure of hostility, X ain persua- ded that it would not be in the power of any party in this country, even if they wished it, to bring on a war with Great Britain. ,^^^ ' ■ ■ ^ ■ . ■ ^ ■■ --'? ■ .,;Y -•■5W (Signed) D, M. ERSKINE, . i^U-^' w-t . ' ■.'iff' t,i''-'S^t \ ■■' No. VIII. t UVf -i DISPATCH from the Honourable David Erskine to Mr. Secretary Canning, dated Washington, 18th April, 1809. Sir, I HAD the honour of receiving your dispatches, Nos. 1, 2, 3, 4, and 5, of the 23d of January, and your separate of the 2d of February with its several in- rlosures, which were delivered to me on the 7th, by Mr. Oakley, his majesty's secretary of legation, \vho 33 arrived on the 3d instant in tliebayof Chesapeake, 4^ in his mtyesty's ship Rosamond. I lost no time in endeavouring to carry into effect tlie important instructions contained in those dis- patches, and accordingly waitt;d upon the secretary of state (Mr. Robert Smith) for the purpose of asc^tj^ taining oificially, the general disposition of this go- , vernment to enter into an amicable discussion of the diff'erences between the two countries, as it appeifred that the spirit of your instructions seemed to require my particular attention to that point, as being likely to' A afford the best ground for forming an opinion of the Z^* sincerity of those conciliatory professions vviiich I had stated to you I had received informally from seve ¥ ral members, of weight and influence in the Lite and present administration of this country. The secretary of state (Mr. Smith) having repeate^l. to me the rriost unequivocal assurances of a ci^AliiV desire being entertained by the president and him* self, for an accommodation of all the points of^ipi, pute between the United Stales and Great Bj^^in, ^ 1 opened the subject of your o.isputc'i No. 1. name* ly, the reparation proposed to be tendered on thcpait of his majesty, for the attack on the Chesapeaire, *>- -#^-j£_^i upon which" Mr. Smith observed, that as a proof of K^F^ the sincerity of his wishes that the affair might be. *lr'.^. amicably settled, he proposed to me previously to- / / .. the- delivery of my note upon that subject, that we ' .„, should endeavour" to agree upon some terms, which '■ would not only be accepted, but which might pre- ' , ;#t chide the necessity of any unfriendly discussions ^f ,;N -"^^V the causes and consequences of that occurrence. '*'^'- > " . ' As this pro|)osal appeared to confirm the assuran- ces he had g^ven me of his wish for un amicable ^ "" .. accommodation of tl jet affair, 1 willingly acceded to ^ ''i it, and explained tg him the nature of the reparation .^' ■ - which was intended to be pfl'ered. With the t^rms :^^^y''' ■ of satisfaction for that injury, as far as they weut» ^. ,;i:?;^:. *- hii api)€ared to be satisfied; but observed, that he*';^;' had fully expected some ai^urance w^ould have been'*' -,» v-' f •'.' '.Ai-il. !?•<&£ ^,..i.- 'J^^i^. 30 given, that an atUqimto puiiishmfnt for (what he termed) a Haju^rant net of aggTession ftliould be in- ilicted upon the naval oflieer, by whose dire<;tion» it had been j-oinmittcd, or that at least a court mar- tial would have hoeti ordered by his inajeflty upon his conduct; i\ni\ he added, that ?s the prcsiaent had dwelt witli so niucii force upon the propriety and necessity of Home redress of that sort, he was afraid that he would think it incumbent upon him to re- quire it. In obedience to your commands, T peremptorily de- clined holding out the least expectation, that any further mark of his mnjcsty's displeasure would be shewn towards Admiral BerKt ley, on account of the part he took in that transaction. \f .\'hi%i .■;•. ' After a day's consideration on that point by the president, assisted by his cabinet, it was communi- cated to me by Mr. Robert Smith, that any demand of further punishment would be waved. I found in the course of several interviews I had with Mr. Smith, tliat any allusions, which might be made by me to the details of the aflairs of the Chesapeake, of the causes which led to it, and of the discussions which followed, would be likely to bring, ou a complicated and fruitless controversy. . ,^ I therefore founded my ofllcial note upon the cir- cumstance of the equality which had been produced by the operation of the non-intercourse act, in the relations of the United States with the belligcrentL powers, as having all'orded the opportunity to his majesty to ofl'er an honourable reparation for the af- fair of the Chesapeake, which it is universally known was only withheld on account of the partiality of the jnoclcmatmi which has been since « - As it appears at the same time, that in making ,. this offer, his Britannic majesty derives a motive from the equality now existing in the relations of the United States with the two belligerent powers.the president owes it to the occasion and to himself, to let it be understood, that this equality is a result in- cident to a state of things growing out of distinct considerations. >• ,- , ■ ^ ,< , . >. = With this explanation, as requisite as it is frank, I am authorized to inform you, that the president ac- cepts the note delivered by you, in the name and by the order of his Britannic majesty, and will consider the same with the engagements therein, when ful- filled, as a satisfaction for the insult and injury of which he has complained. But I have it in express charge from the president to state, that while he forbears to insist on a further punishment of the oftending officer, he is not the less sensible of the justice and utility of such an example, nor the less persuaded that it would best comport with what J3 due from his Britannic majesty to his own honour. I have, &c. &c. R. SMITIL ^\« .r.> (Signed) . i -■..*, i^j .•#j. .,W1 ■ »**r^f-f A - . 4 -.. .M*....!..* ^1*:^ No. IX. DISPATCH from the Honourable David Erskine to Mr. Secretary Canning, dated Washington, April '20th, 1809. ftn *-*^*t.: As the instructions contained in your dispatches, Nos. 1. &2. directed me to regulate my conduct in making propositions on the part of his majesty to this government, according to the general disposition which might be shewn by them to come to a com- plete and cordial understanding with Great Britain, I accordingly used all my efforts to discover whether the professions of such a disposition which had been so often repeated to me unofficijilly, and lately in the most formal manner, were sincere. The result of further communication persuaded me, that the sen- timents of this government had been truly represent- ed to me; and I was confirmed in that opinion by the favourable reception of the reparation tendered by his majesty for the affair of the Chesapeake, the de- tails of which I have given in my precedmg number. ■'nSV'i With this conviction upon my mind I esiamined with the greatest attention the tenor of your instruc- tions contained in your dispatch No. I. and particu- larly the three conditions upon which his majesty was willing to withdraw the orders in council of January and November 1807, as respects the United States. The first of tiiem I considered would be of course officially recognized by the American government, since the 11th section of the act of congress, usually termed the non-intercourse act, provided for such- a contingent pi oposition, The second condition named by you, I knew would be acquiesced in, not only from the declarations which had been made to me by most of the members of this governmenl, but from the universal opinion of the members of weight and influence in both houses 'll'fflM »rl-|'r''f I- O'li of congress, that the principle , and objects sought to '. be established by that rule we e equitable, and would ' ever be insisted upon by Great Britain. < j I foresaw, however, that a difficulty must arise in obtaining a formal recognition on that point without, any reference to other commercial arrangements ' which would form the basis of a regular treaty. ,^, , .Thivihird condition, it was obvious, could not be pbjected to, because an American owner of a vessel captured by a British cruizer, on account of its desti- nation to France, or to any other country with which an intercourse was prohibited by the laws of the^ United States, could not complain to this govern* ment of such seizure, as the only answer would be, that the enterprise being illegal, he had'no claim to redress. - -' , - . '• • V' ''■ V^t . ^ • ■, , t - . , . ' ■» ';'**'ir' ii ■ * Upon my submitting the three conditions to the. consideration of .the secretary of state, he made the. answer to the first, which I had anticipated, namely » that the president would of course assent to it, and in pursuance of the power vested in him by the con- gress, would issue a proclamation for that purpose^ to take effect on the same day that the orders iii council should cease to co-operate as respects the United States. i:j.:^ ..] Jsr With regard to the second, he said, that although he was persuaded that no difficulty would arise in the adjustment of that point conformably to the views of his majesty's government, when the various articles of a commercial treaty should be brought un- der discussion, yet it was impossible for the Ameri- can government to give an official recognition of that principle as a previous step, because there was no commerce of any kind at present permitted by the laws of the United States, to be carried on with France, or her dependencies ; and that the question therefore must necessarily belong to another state of thin^s> or remain to be adjusted by treaty. ^^ ^-^ i*^ /••• /, ■ " « ■ - The third condition Mr. Smith observed appeared to him to require no recognition, since it was evident that the interference of the government of the United^ States could never be required by any of its citi- zens for redress for an injury sustained in consequence 'of a direct breach of the laws, and that in the event of any such appeal being made, the only answer given would be, that the government wOuld imme- diately order the bonds of the petitioner to be put into execution against him for a violation of the laws. f He stated, however, that the circumstance of the government of the United States stipulating that Great ritain should be allowed to execute their laws would bedegrading to the former and attended with no advantages to the latter. ::.yi>^ t:0f^r Under these circumstances it became my duty to consider whether the spirit of your instructions would be accomplished by my obtaining an official recog- nition on the part of this government of the first condition, and an understanding respecting the two others in conformity with the views of his majesty's government, though not given in a formal manner (for reasons before detailed) or whether it was in- cumbent on me to forbear from making any pro- position, as I could not obtain a compliance with the exact letter of your instructions. :«in'.^'^-».^- Various considerations of great weight urged me to endeavour to bring about an adjustment of the differences between the two countries, upon the .points entrusted to my discretion, as far as it was possible, without departing from the orders I had jeceived. The strongest inducement was derived from the communications which I had lately received from Mr. Smith, of the dissatisfaction of the French mi- nister here with the non-intercourse act, the particulars of whir:h I have given in my No. 17, also from the general aspect of the relations of this country with m .-,--. p. „l..,.ol.,.__lt 4S -^..■v- I'l'a* ^ tt.i>^ Great Britain and Fr*nce, as detailed in my N©.17 and 18» and in some previous dispatches. Jf The circumstance of the congress being about to assemble very shortly, was another reason for wish- . ing to have an amicable arrangement concluded, since the majority of both houses had pledged them- ■iselves to a resistance of the restrictions upon neutral . commerce, if it could be pointed against either of the two belligerent powers separately, and that it was only on account of the impossibility of any sue* cessful effort being made, that they were prevented from assertning their rights against both during the la^t setoiOn. . V*"i - •■ ■ • ■■ ■■ ■^■ As this government thought that any long delay in .the time for the renewal of the intercourse between Great Britain and the United States would deprive such an arrangement of many of its mutual advan- tages, and as I fully agreed in that opinion, a day cer- tain (the 10th of June next) was accordingly fixed vpon. The notes which passed between the secretary of state and myself^ ana which I have now the honour to enclose (marked A, B, C, D,) will explain the course pursued in the arrangement that was con- cluded., * Should his miyesty's govemmeht consider that I have exceeded the limits of my instructions in the engagement I have made on^his majesty's behaK, I am aware that no advantages Ivhich might be derived from it to Great Britain, could justify my conduct I therefore rest my vindication upon the reasons detailed in the foregoing part of this dispatch, for believing that I have adhered to the spirit, aj^ as far as I could, to the letter of my orders, but I place my chief reliance on the well known liberality of his majesty in appreciating the conduct of his ser- I . >'^. LA ^^ * "I will only beg leave to remark, that the agree- ment has been concluded in the persuasion that an amicable understanding would be settled by the special mission, and with a view to promote so de« ^irable an object. Should unexpected difficulties occur in forming a treaty, or should his majesty's envoy extraordinary , - find reason to doubt the friendly disposition of the 'United States, it will then rest with his migesty to take such measures as may be deemed proper, ac- cording to the actual state of things, In the mean time no injury can be derived, I conceive, from that conditional agreement. ' J have the honour to be, &c. '; (Signed) D. M. ERSKINB. . 1. (First inclosure referred to in No. IX.) NOTE from Mr. Erskineto Mr. Smith, dated Washington, April 18th, I8O9. ,. ^'*. h ■ Sir, - ^ J HAVE the honour of informing you, that his ihajesty having been persuaded that the honourable reparation which he had caused to be tendered for the unauthorized attack on the American frigate Chesa- peak would be accepted by the government of the United States in the same spirit of conciliation with which it was proposed, has instructed me to express his satisfaction, should such a happy termination of that affair take place not only as having removed a painful cause of difference, but as affording a fair prospect of a complete and cordial understanding ])eing established between the two countries. 1 The favourable change in the relations of his majes- ty with the United States, which has been produced by the act {usually termed the non-intercourse act) parsed in the last session of congress, was also antici- t imr-i m-'Vii-if' '"■""i"^^>**' «mmmm-mms^m{amAmiit^riirhi*^-Mim-^M»,^t^-n--% H 4^1' 4ft pated by his mioesty, and|has cncoitmged afurther hope that a reconsideration of the existing differences might lead to their satisfactory adjustment. ^ On these grounds and expectations I am instructed to communicate to the American government hit majesty's determination of sending to the United States an envoy invested with full powers to conclude a treaty of all the points of th6 relations between the two countries. .1*-/ ■ .••■ .^ A- ■■•■•" ■ In the mean time, with a view to contribute to the attainment of so desirable an object, his majesty would be willing to withdraw his orders in council of January and November 1807, so far as respects the United States, in the persuasion that the president "Would icwiue a prbclamatfoh for the renewal of the in- tercourse with Great Britain ; and that whatever dif- ference of opinion should arise in the interpretation of the terms of such ^n agreement, will be removed in the proposed negotiation. , ' iv ^.m , .^^,v;m - - V, I have' the honour to be, &c. ^t - r- '-, (Signed) D. M. ERSKINE*. ■ii^':' (Second Inclosure referred to in No. 1X,\ f NOTE from Mr. Smith, to Mr. Erskine, dated Department of State, 18th April, 1809. Sir, -i V" ■■■ TTf-vyj-^j; '■ >/. . The note, which I had the honour of receiving from you this day, I lost no time in laying before the pre- sident, who being sincerely desirous of a satisifactory- adjustment of the differences uphappiiy existing be- tween Great Britain and the United States, has autho- rized me to assure you, that he will meet with a dis- position correspondent with that of his Britannic m^.- jesty, the determination of his majesty to, send to the United States a special envoy, invested with full powers to conclude a treaty on all the points of the relations between th(^ two countries. J ■' 1^,! ,'^. •V-- •A :r- L.V, i. I* 46 ^'^. . _. Ai.^il I am further authorized to assure you thatin case, bis > .O'.'J .,1 (Third inclosure referred to ia No* IX.) ii/tt^C NOTE from Mr. Erskine to Mr. Smi^/date^ Washington, April 10, 1809* ,;f^ .p No. X. DISPATCH from Mr. Secretary Canning to the Honourable David Erskine, dated Fo- ; reign Office, 32d May, 1809. ^*- Sir,- ■' :^^'-^-\ W ' ; "' Your dispatches Nos. 19 and £0, of the 19th and 20th of April, have been received here this day, an^ laid before the king. I have lost no time in receiving his m^jesty'ji commands to signify to you his majesty's sentiments on the manner in which you have executed the in- structions conveyed to you iu my dispatches by]V&. It is much to be regretted that in the execution of instructions upon points of so much delicacy and im- portance, you should have thought yourself autho- rized to depart so widely not only from their lettejf but from their spirit. With respect to the instructions relating to the Chesapeake, which form the subject of my dispatch No. 1, I have to remark, first, the total omifflion by you, of a preliminary of the most material importance ; y\ ■ 1 .,*,. m Sdly, a departure from the terms of your instructions in the manner of conducting the negotiation; and Sdly, the admission by you, and, so far as appears, vritnout remonstrance or observation, of a note con. taining expressions offensive to his majesty's dignity, such as no minister of his m^esty ought to have submitted to receive, and to transmit to his govern- ment 1st, It is distinctly stated by me as the condition of his majesty's " no longer insisting upon the recal " of the proclamation of July, 1807, as a preliminary to the adjustment of the difference arising from the affair of the Chesapeake." «* That the ships of yf&T of France, shall, in point of fact, have been *• excluded from the ports ot the United States, and " such ships of that description as were in those ports, shall have been warned to depart." «( <« 4* « Of this 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 of France, (if any such there were) in the ports of the United States, it tio where appears that even a question was .put by you on this subject, much less that you re- ceived any satisfactory assurance upon it. Sdly, 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 withdrawn or its ope- ration formally declared to be at an end," " though it would be sufficient that such withdrawal or de- claration should be recorded in the same instru- ment, or at the same time with the terms of re- paration.'* -«« tt it tt So . far from this indispensable condition having boen obtained by you, Mr. Smith in the answer re- turned by him to your note, studiously avoids any thing Jite a recognition of the principle on whicl* »^. alone the demand of the formal recal of the pro- clamation was to be waved ; neither is the proclama- tion itself withdrawn, nor its operation declared to beat an end. The obvious consequence of this omission is, that if the non-intercourse act, which is a temporary act, were to be suffered to expire, the proclamation might revive, and the inequality between the two bellige- rents be thereby restored. ' It was obviously your duty, before you committed his majesty's name by a written offer of reparation, to ascertain in what manner that offer wquld be received, and answered; and if you found that the express condition either of the withdrawing the pro- clamation, or declaring its operation to be at an end would not be complied with, to abstain from pro- ceeding one single step in the negociation until you had referred home for further instructions. That part of /our instructions which directed that this arrangement, if not made the subject of consi- deration, should be settled by the exchange of mi- nisterial notes dated on the same day, and reciprocally delivered at the same time, was expressly intended to guard against the possibility of your committing your- self by a written proposal, in the uncertainty of what might be the nature of the answer to be returned to it ■"•'■ '"•^-^••'•: n..^;^" ■ •./• ■••^■/^■. His majesty will not suppose it that Mr. Smith's intended answer can have been communicated to you previously, and have obtained your approbation. In the proposal for restoring the men taken from on board the Chesapeake, it was not intended that the condition of his majesty's right to reclaim them in a regular way from the American government, if either natural born subjects of his majesty, or de- serters from his majesty's service, should have been H Ito /,- omitted. I dwell, however, the less on this point, a« bit miyeBty's right in this respect, is founded on public law, and does not require to be fortified by the recognition of any other government But I cannot forbear observing with regret that the bounty of hisniajisty, in the intended provision for the relations of the men killed on board of the Chesapeake, is not only stated by you without similar restriction, but is brought forward at once as a part of the reparation origmally offered ; and thus converted by you from an act of spontaneous ge- nerosity, into one of positive obligation. 3dly, In addition to the substance of Mr. Smith's note, which I have already mentioned, it remains for me to notice the expressions so full of disrespect to his majesty, with which that note concludes. And I am to signify to you the displeasure which his ma- jesty feels, that any minister of his majesty should have shewn himself so far insensible of what is due to the dignity of his sovereign, as to have consented to receive and transmit, to be laid before his msyesty, a note in which such expressions were contained., I am, 8cc. (Signed) GEORGE CANNING. ■) -4 A- >n .l-.„.'™<»-..t/. r^..V? .*>;• No. XL "'^,^f^'^ A**' DISPATCH from Mr. Secretary Canning, to the Honr>u.'-able David Erskine, dated Fo- reign Office, 23d May, 1809. , .. ^ ...f^ Sir, I PROCEED in this dispatch to point out to you those deviations from the instructions conveyed to you in ' » 51 ING. my dispatch, No. 4. which you have unfortunRtcly thought yourself at liberty to adopt and of which I have to express to you his Mnjesty's intire disappro- bation. • ' , . ^ I do not dwell upon the lingular and otfensive step taken by the American Government in publishing the whole of the correspondence which had taken place between you and the American Secretary of State; because his Majesty is willhig to believe that you cannot have been a party to this publication : his ma- jesty conceives it impossible that you should have given your consent to such a proceeding, especial- ly in respect to a transaction which you profess yourself to consider as merely *» conditional.'*— !But as the publication appears to have taken place on the*19th of April, the day of the date of your dis- patches, it seems dilHcult to understand how it hap- pens that your dispatches should not contain any no- tification of your mtention to remonstrate against a proceeding so extraordinary, as that of the publication of the correspondence of a minister without his con- currence, and previously to his transmission of it to his court. < ^^fi w I am, in the first place, to observe to you that the instructions which I transmittt-i] to you, by his majesty's command in my *' |>atch No. 1. expressly stated that •* the manner in which the proposal for the '• adjustment of that difference may be received, would be the best test of rhe geneval disposition of the American Government, and would naturally indicate the course to be pursued in respect to the further instructions," which I proceeded to communicate to you in another dispatch : and I am to express his majesty's surprize and regret, that such a note as thn you received from Mr. Smith, in answer to your offer of reparation for the affair pf the Chesapeake, can havtt been received by you as a proof of the acceptawce by the government of the United States, of the honour- able reparation tendered by his majesty, " in the same tt ** it :' 52 ** spirit of conciliation in Avhich it was proposed." That note itself being an offence against his majesty's dignity, such as uo minister of his majesty ought to have passed by unresented. . ,^; I am at a loss to conceive on what ground you thought yourself authorized to open your cbrrespon- deiice, on the suTtyect of the orders in council, with the intimation of his majesty's determination to send to the United States an envoy extraordinary " invested " with full power to conclude a treaty on all the points of the relations between the two countries.'* it Your instructions do not authorize you to hold out the expectation of any such mission, until his majesty should have received, on the part of the government of the United States, an authentic and official recog- nition of the condition which you were directed to require. KVi'^ ■M-r-m- The instructions which I. was commanded by his majesty to transmit to you, on the subject of the orr iders in council, were framed on the basis of three con- ditions : the agreement to which, on the part of the American government, was stated to be indispensable to his majesty's consenting to withdraw his orders in council. The first of these conditions was, that the interdiction of the harbours of America, to the ships of war of Great Britain, and all non-intercourse or non- importation acts should be withdrawn, so far as re- spects Great Britain, •* leaving them in force with *' respect to France, and the powers which adopt or *' act under under her decrees." vii m ^y?»if*/^-fJit9 ," The 2d, that America should renounce during the present war, the pretention of carrying on, in time of war, all trade with the enemy's colonies, from which she was excluded during peace. -jaLf> fin* »:t;;;irj.^t: v.;' ^?i^» The 3d, that it should be understood and agreed be- tween the two powers, that Great Britain should be at liberty to capture all American vessels that ...i.*.. * ;<, mnimmmimmtmn «■ ■:■. \ should be found attempting to trade with France, or any powers, which adopted or acted under her decrees. I was commanded to state to you, thai upon receiv- ing, on the part of the American government, a dis- tinct and official recognition of these three conditions, his majesty would lose no time in sending a minister to America fully empowered to consign them (these three conditions) to a formal and regular treaty, his majesty on his part, withdrawing his orders in council of January and November, 1807, or, if the delay were thought to be inconvenient, you were authorized to engage for his majesty, " that upon the receipt there " of an official note, containing an engagement for the " adoption by the American government of these three ** conditions," his majesty would be prepared on the faith of such engagement, to recal the orders in coun- cil, without waiting for the conclusion of a treaty. The recal thereof, on his majesty's part, of the or- ders in council, was to depend entirely and exclusively on the acceptance, by the American government, o^ the three conditions, so precisely described, and so repeatedly referred to. In this respect the instructions were peremptory, and admitted of no discretion. The only discretion left to you was, in the event of the American government expressing a wish to that effect, to anticipate the operation of the treaty, by en- gaging in his majesty's name, that his majesty would withdraw the orders in council, on the receipt here of an official note containing the formal engagement of the American government to adopt these three con- ditions. ^'^'M ..v.M^-tiai''-) "«; lit «*■ iiI-< *jj,i*i'*^:j»-s Nothing can be more clear, than that not one of these three conditions has been adopted by the Ame- rican government, nor any engagement taken for their adoption. ''f* » 'li ■■»■ — ,.,,^„,^ ■MMUMMHhMM »* ■ril ' . ,■ . '•- • ■'-- 55 ■■■r -....../ .J ' *■ - ■'■-■--■*- ^ ■-■ ■"=■,- contravention of the condition prescribed to you, and which, of itself, ought to have prevented you from com- ing to any agreement whatever. . • •_■ i ^ Without therefore obtaining even one of those con- ditions, on the obtaining of all of which the conces- sion of his majesty was to depend, you have pledged his majesty to the full extent of that concession, and have placed his majesty in the painful alternative of having either to reiuse or to abide by an engagement taken in his majesty's name, by an accredited minister of his mfyesty, or to acquiesce in a measure which has been adopted not only in non-conformity to his majesty's views, but in contradiction to his positive directions. ' -rmm^/mx. dr^i-) . ' ' ' t ■ t.' t I am, &c. ■. St •I i.. '»^J^ned) GEO.CANNING. 1.>A -'*CIK.''. «fi-^ .•- ;: » IV ;:;';,;., .. ' -No, XII. :,: .,- ■:"--^ ■■ ' > DISPATCH from Mr. Secretary Canning to the Honourable David Erskine, dated Foreign Office, 30th, May 1809. Sir, 1 HEREWITH inclose to you the copies of an order which was passed by the King in Council, on Wednes- day the 24th instant ; and I nave to signify to you, his mjyesty's pleasure that you deliver one copy of this order to the American Secretary of State, and that you use your utmost exertions to render it as public as may be possible, among the merchants of the United States. This order in council contains, as you will perceive, ^ 56 his majesty's disavowal of the agre^nient Which have concluded with the Americai government. you I am directed by his majesty, to state to you that his majesty entertains no doubt of the good intentions and z^ for his majesty's service, by ^> hich you have been led > depart from your instructions ; but you must be sensi.ic that the consequence of such a step, and the publicity which has been given to it by • the Ame- rican government, render it impossible that you should continue lu the exercise of your functions, either with satisfaction to yourself, or with advantage to his majes- ty's service. ' . i'i'jt I have therefore received his majesty's commands to inform you, that his majesty has been graciously pleased to appoint Mr. Jackson to replace you, by 1 shall whom transmit to you your letter of recall ■■T^^?v lam, &c. ' ^ (Signed) GEO. CANNING. rv,vi.A?^1% l-/ .''<-» ■■■■'I „. . Erskine lo Mr. Secretary Canning, dated t' Washington, 3d August, 1809. ,!;'^^ " .Sir, . .;,ai-<-5*H i^Jl^fe y^lf'*if»ii. I have the honour to acknowledge the r ^^eipt'ofyour dispatches, Nos. 10, 11, 12, of the 22d, ^Jd and 30th of May, original and duplicates, the former brought in his majesty's packet Windsor Castle, which arrived at New York on the 25th ult. and the latter which were delivered to me yesterday by Lieutenant Gregory, 1^ % ^ , Commanding his majesty's gun brig Contest, which arrived in Hfimpton Rodds> in the Bay of Chesapeake, on the 29tti ult. I lost no time in complying with your instructions contained in your No. 13. to deliver a copy of his miyesty's order in council, of the 24th of May last, to the secretary of state of this government, which I ac- cordingly sent to Mr. Robert Smith in a written note, of which the enclosed is a copy. In obedience to your commands I also used all the means in my power, to make the above mentioned order publickly known throughout the United States. It is with the deiepest regret that I find from your dispatches, Nos. 10 and 11, of the 23d and 23d May, that his majesty has disapproved of the manner in which I have executed the instructions which you sent me, by Mr. Oakley, and has been compelled todisavow the provisional agreement which I had lately entered into with this government, under the persuasion that it would have met with his majesty's approbation. The duty and high respect which I owe to his ma- jesty, would restrain me from making any reply to the animadversions upon my conduct, which you have conveyed to me by his majesty's commands, but I con- sider that it is incumbent upon me to offer some ob<< servations upon certain pomts of my negociation, which appear to have been misunderstood, in conse- quence I suppose of my having given them an insuffi- cient or imperfect explanation. It is stated by you in your No. 10, of the 22d of May, that with respect to the instructions relating to the Chesapeake, which formed the subject jf your dispatch in No. 3, of the 23d of January last, I had omitted a preliminary of the most material importance, as the condition of '* his '* majesty's no longer insisting upon the recal of the " proclamation of 1807, as , a preliminary to the ad- " justment of the diiference arising from the affair of 1 ■T-HI f V'JM'" ■<« ^»^ Ut'y^ "?»'' ^." -!i«;), v'\ \ dS :'* the Chesapeake, and that the ships of war of France \. I* 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 nave been ** warned to depart." is^MX Of this condition you observe, that I appear to have . takenino notice whatever : you add also that the non- intercourse bill operated to the prospective exclusion* . I beg leave to refer you to the first section of the . non'-intercourse law, which you will find excludes the ships of war, from the passing of that act on the Ist of March ; the prohibition therefore was not prospective but immediate, and in fact had been in operation six Vffikatfcefore I commenced the negociation. Upon the subject of the warning which should be given to any French ships in the ports of the United States, the secretary of state, Mr. Robert Smith, in- formed me, that there were no French ships at pre- sent within the waters of the United States, and that it was to be presumed that the government would cause their laws to be executed ; in the propriety and ' justice of, which si^timeut I fully acquiesced. *>Vi5ji WiffV ^M,'f4 tPjut'-noo '^rffrV'^':;' /^i-»4'f^V»vrir .H^ff; The preliininary condition above mentioned was therefore, I conceive, fulfilled. • - • - Your next objection states, that the proclamation ©f the pr^ident of July 1 807 , is neither withdrawn nor ita operation declared to be at an end. - -^^'f On explanation of this pcMnt, I beg leave to i«mark.v that the non-intercourse law abrogated even the act upon which the president's proclamation was founded, by the words at the end of the 3d section of that act, inserted by the congress for that express purpose, which circumstance I communicated to you in my No. 18. of the 17th of March, and again in my No.iy. of the 18th of April, in which I mentioned that the » f *- y i; «» •ecretaiy of stat* declared to me tfiat the prdc1atTia< tion was merged in the non-intercourse. I believe I otnitted in my No. \9. to inform you, tlKit Mr. Smith added that it was impossible to issue a piroclamation to recal an edict, which was already rooked and could not be revived. tt' The third objection i^ken l^ you is upon a point of so delicate a nature that I proceed to an ekpltoation of it, with the greatest caution and deferenc Permit me, sir, to request that you will lay before his majesty my most earnest assurances tha!t i would liot ' have allowed any expressions which I thought disre- spectful towards his majesty to have fferniairied iman- swered, in any note I may have received. It wouM be an irirjfcu^ble pr^wimiptio*! rft Wfe Co attempt to put a different construction upon th^ ex- pressions contained in the latter part of Mr. SmitAVs first letter to me, or to view the meaning of the words in a different light from that, which y6u haVe been pleased to inform me his maje8[;y has done ; but I think it my duty to declare that I do not believe any mtentionwhatever existed in the mind of the president of the United States to convey a disrespectful m^ainiDg towards bis majesty by those expressions. Upon my being informed by th6 secretary of state, that the president would agree to waive any demand for further punishmentoftnelBritish officer, Who had caused an attack to be made on the Utrited States' fri- gate Chesapeake^ but that it wouM be impossible to . !'effain from expressing an opinion tbat be deserved it; I used all my efforts to persuade thii government to give up such an insinuation, not from any idea that I entertained of its being disrespectful to his itiajesty, but as it might «eem less conciliAtOiy th&h the disposi- tion of the pre^dent had be^n r^pi^sented to die, and of the sinceiity of wtiich I wss fully persuaded. After I had received Mr. Smith's note, I deliberated t*. r -«0 upon the propriety of making any observations in an- swer to those expressions, but 1 was induced to for- bear from sendiiig any reply by cons'deration of the policy and propriety of not blending irritating discus- sion with amicable adjustments. .>U|, It appeared to me that if any indecorum could justly be attributed to the expressions in the official notes of thisgovernment, thecensuredue would fall upon them, and that the public opinion would condemn their bad taste or want of propriety, in coldly and ungraciously givingup what they considered as a right, but which they were not in a condition to enforce. 5? 5^sirr}(fi!!m> The feelings of his majesty upon that point are a sufficient proof that I have formed an erroneous judg- ment respecting it, and I have to lament not only that any act or omission on my part should have incurred his majesty's displeasure, but that it should have been the cause (though unintentionally) of conveying any expression personally disagreeable or even apparently disrespectful to the sovereign of my country. .*», « ni -' I have omitted to mention one circumstance, which . j.s, that the reason why I did not put in a claim on the part of his majesty to recover from the American go- vernment, deserters from his majesty's service, was, that they have always declared themselves willing to be guided by the laws of nations upon that subject. My motives for deviating from the precise line of my instructions relative to the bounty intended by his mf\jesty for the relations of the killed and wounded on board the Chesapeake, will I hope, upon explanation, be found to be satisfactory, i^, tp :^i^ ^^ hm i,mj i • When I mentioned his majesty's liberal views upon that point, the secretary of state informed me, that it would be highly satisfactory if the offer was expressed in genersil teims, although the government never meant to accept the provision tendered, but would V/; : to acknowledge the liberality of his majesty, when they might hereafter decline to avail themselves of it, but but that if it was put upon the footing of sponta- neous generosity, it would not be at all acceptable to the United States. With sentiments of the highest respect, '{>> I have the honour to be, rf' iiUi:: i";U yky*tu-,i.>i . Sir, . i^, Your most obedient humble servant, D. M. ERSKINE. •.»>*^^' J,:-.'. .. -;''oi Xub-ivJi^ , , : 7 (Inclosure refen*ed to in No. XIII.) . ■ ' V •■ • . Note from Mr. Erskine co Mr. Smith, dated July 31, , . 1809. I have the honour to enclose to you a copy of an or- der, which was passed by his majesty in council, on the 24th of May last. ;y , ..^ ' In communicating this order, it is with the deepest regret that I have to inform you that his majesty has not thought proper to confirm the last provisional agreement which I had entered into with you on the part of our re spective governments. Neither the present time nor the occasion will aiford me a favourable opportunity for explaining to you the grounds and reasons upon which I conceived I had conformed to his majesty's wishes, and to the spirit at least, of my instructions upon that subject, nor indeed would any vindication of my conduct, whatever I may have to offer, be of any importance further than as it might tend to shew' that no intention existed, on my part, to practice any deception towards the government of the United States. • - -^^u.^ ^i' * «1S I have the satisfaction however to call your atten- tion to that part of the inclosed order, which pro- i9% tects the commerce and shipping of the United States from the injury aiid inconveniences which might have arisen to American citizens from a reliance on the provisional agreement before mentioned, and I cannot but cherish a hope that no further bad conse- quences may result from an arrangement which I had fully believed would have met with his majesty's approbation, and would have led to a complete and cordial understanding between the two countries. With sentiments of the highest .;.*,, respect and consideration, . ^ ■• . n : I have the honour to be, / • • ,'-■■ • Sir, ' }.l^'iy your most obedient humble servant, , • , D. M. ERSKINE. No. XIV. ^^^v-T-'-:'^^ '■ DISMTCtt from the Honourable t)avid -ikft^'^y Erskine to Mr. Secretary Canning, dated '.^rfi r Washington, 7th Auguftt, 1§PQ, ' ''?i . • ' " " .■■■-■-.".,..■- Sir, Before I proceed to lay before you such explana- tions as I have to ofier relating to the points mention- ed in your dispatch, No. 11, of the 23d May, in which you have expressed to mie his majesty's entire disapprobation of my deviations from the instructions contained in your iSo. 4, transmitted to me by Mr. Oakley, I| will take this opportunity of informing you that the American government did not consult with me on the propriety or expediency of publish- ing the notes, which passed between the secretary of State Mr. Robert Smith and myself in our negocia- tions, butaccording to their practice they made pub- lic the state of tlieir foreign relations at the moment 63 when they thought it was forthe interest of the Unit- ed States that it should be known. The reasons which were assigned by the secretary of state for having done so, were certainly intended as favourable to his miue^ty's interests, since he de- clared it was with a view to exhibit to the people of this country the adjustment of diftierences with Great Britain which had taken placet, and the prospect of a fur- ther good understanding, in order that the members of congress might assemble with favourable sentiments towards Great Britain, as also that the event might be speedily and generally known in France so as to bring thatpowerto adefinitive determination respecting its re- lations with the United States. '•*»"> 'r'. .»U-» <-.. •V •»''* Had I believed that bis majesty's government were determined to insist upon those conditions being com- Klied with, in one particular manner only, 1 should ave adhered implicitly to my instructions ; but as I collected from them, that his majesty was desirous of accomplishing his retaliatory system by such means as were most compatible with a good understanding with friendly and neutral powers, I felt confident that his majesty would have approved of the arrangement I b'^d concluded, as one likely to lead to a cordial and ccrv- plete understanding and co-operation on the part oi' the United States, which co-operation never could be obtained by previous stipulation either from the g'-vern- ment of the United States, who have no power to accede to tliem, or from the congress, wiiicb would K <" 66 never acknowledge them as recognitions to guide thei conduct. *„!r.-^^ ^ I have, &c. &c. .. 5,' '•* i'-'ii-y;c?t:. (signed) D. M. ERSKINE. , -■•rif;uw.-,..^.;..i No. XV. • ■■'■-> DISPATCH from the Honourable David! Erskine to Mr. Secretary Canning, dated ■ :, Washington, ICth August, 1809. Sir, ':■. .-- . , , ^ _■ I BEG leave to request that you will be pleased to lay before his majesty my most grateful acknowledg- ments for the communication which you have made to me by his commands, that " his majesty entertains no doubt of the good intentions and zeal for his ma- jesty's service by which I have been led to depart from my instructions." Nothing could have induced me to have deviated in the slightest degree from the orders I had received, but a thorough conviction upon my mind that by so doing to a certain extent I should accomplish the object which his majesty had in view, when by too strictly adhering to the letter of my instructions I might lose the opportunity of promoting essentially his majesty's wishes and interest, I submit myself with great deference to his majesty's commands, and shall accordingly deliver to Mr. Jack- son, whom his majesty has been pleased to appoint in my place as envoy extraordinary, and minister pleni- 07 potentiary to the United States, all the papers and do- <:uments belonging to the mission, whenever he shall present to me Bis majesty's order for that purpose. ■[■.■r-':;iyi :-::^^- '<•> ."■■■■. ';- . •■■•- '■ ' ■. - ., _■. .-: * i'^'f .*•.•■ '4. :'i 'N No. XVI. LETTER from the Honourable David Erskine to the Honourable Mr. Smith, dated Washington, 14th August 1809. Sir, I HAVE the honour to acknowledge the receipt of your letter of the 9th -instant, informing me that you had just received a letter from Mr. Pinrkney, inclos- ing a printed paper, purporting to be a copy of a dispatch to nie from Mr. Caiming, which states among other things, from the report of your conversa- tions with Mr. Madison, Mr. Gallatin, and Mr. Smith it appears : 1st. ** That the American government is prepared in the event of his majesty's consenting to with- draw the orders in council of January and Novem- ber 1807, to withdraw contemporaneously on its part, the interdiction of its harbours to ships of war and all non-intercourse and non-importation acts, so far as respects Great IJritain, leaving them in force, with respect to France and the powers which adopt or act under her decrees." 2d. " That America is willing to renounce during '• the present war, the pretensions of carrying on, in ** time of war, all trade with the enemies' colonies, ** fromwhich she was excluded during peace," *t <( <( (( <( << %..- 'f (( <( (( <( t( « (( \'hich I held with you at that period. With respect to the second point, as stated in your letter to be contained in a dispatch from Mr. Canning, I beg leave to offer the following explanation. In the course of a private interview I had with Mr. Gallatin (the secretary of the treasury) he intimated, that the non-intercourse law which was then likely to be passed by the congress, ought to be considered as removing two very important grounds of difference with Great Britain, namely, the non-importation act as applicable to her alone, and also the president's pro- clamation, whereby the ships ofGreat Britain were ex- cluded from the ports of the United States, while those of France were permitted to enter ; but that by the non- intercourse law both powers were placed on the same footing. He did not pretend to say that this measure had been taken from any motives of concession to Great Britain, but as, in fact, those consequences fol- lowed, he conceived they might be considered as re- moving the tw^o grand obstacles to a conciliation. j* He adverted also to the probability of an adjustment 71 '"^ .' of another important point, in dispute between the two countries, as he said, lie knew that it was intended by the Unitf'd States, to abandon the attempt to carry on a traae with the colonies of belligerents in time of ' war, which was not allowed in time of peace, and to trust to the being permitted by the French to carry on . such trade in peacv'*, in the power of the president of the U:i:?:ed n lare the I no nthe aras red States to accede to the first, and consistcHtly with the explanation which I have before given of the second point. On the contrary, I received assurances through you, that the president would comply, (as far as was in his power) with the first coindition, and that there could be no doubt that the congress would think it ii>- rumbent upon them to assert tlie rights of the United 8;ates against such powers as should adopt or act undei- U't decrees of France, as soon as tlieir actual conduct 'K determination upon that subject could be ascertained ; hut that m the mean time, the president had not the power and could not undertake to pledge himself in the formal manner required to that eft'ect. "",'■,"■ . ■' J . >»» ••*4 ^t-ivr*-'.* ■>».■ J -t mi.ll I received also assurances' from you, that no doubt rould be reasonably entertained that a satisfactory arrangement might be made ip a treaty upon the sub- ject of the second condition mentioned in Mr. Can- ning's instructions, according to my explanation of it in the foregoing part of this letter, but that it neces- sarily would form one article of a treaty, in whicli the various pretensions of tbe two countries would be settled. ,"■''; '"" ^TZst ..-. t.^^r.-^:,^"v^.^iU %n i;^ -..nt. '■> %a ^:m The third condition you certainly very distinctly informed me, could not be recognized by the presi- dent, but you added, what had great weight in my mind, that you did not see why any great import- ance should beattachedto such a recognition, because it would be impossible that a citizen of the United States could prefer a complaint to his government on account of the capture of his vessel while engaged in a trade- absolutely intevdicted by ihe laws of his country. Under these circumstances, therefore, finding that i could not obtain the recognitions specified in Mr. Canning's dispatch of the 23d of J aauaiy, which form- ed but one part of his several instructions to me, in the formal inannfr r quired, I considered that it would be in va»a t > lay bc*''">re the government o^* the United 'States .. dispatch in q'^estion, which I was at liberty to have done inextetiso, had I thought pio- L 1 U ' ft ^hr««f*i«v 'iU ^ iBtm , Th« ^iiiTifwritf by^ fti« ii^i(|eit)r b ft, nui»ful proof to maieity's iriewi,«id-fhfe iiit^tfi#^5«y lifttKctions, Mid I hft¥e quost severely^ to lamen| .tii«^ in 9CI of ikkiik ^4v^ iitmt^U^nt^l ^^ produce aiiy 4mAwiH i ilu afife ftl tKeteifitfidP b^^ th^two couu- i It is ft great conftol^ron to w^ however, to per- tfefW tliat mettsares have been ad'>pted bv |joth go-