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Lorsque le document est trop grand pour dtre reproduit en un seul cliche, il est film6 d partir de Tangle sup6rieur gauche, de cjauche d droite, et de haut en bas, en prenant le nombre d'images nicessaire. Les diagrammes suivants illustrent la m^thode. 1 2 1 3 12 3 4 5 6 '^•w'-: -TH^«»a"wr "■*-" f.^^ei. iif^tifi..- ■ • S-":r'rHK3r:iff*m7^r' '■ S?^ ""^ «f ■■<* ::2 ' - "^ •*u» rcj^KW ?/■ j::j\^^ m ■~ (.JO =-~ j IMPORTANT T>'^1^>l..iu STATE P APER^^. v^<^: ^'^ffti NFJVPOR T MERCUR T OFFICE, Dec, 1 4, 1 809- I" DOCUMENTS which accompanied the Message of the President of the United States ^ to CongtesSy November 29, 1809. r«»: m Ar, Erskine, to tbe Secretary of State. It^asbir "' ' ft, i8og. I infoiM' ; uu, u. afioual aereeii. i4th ul . with the d '' ^L prop ito wit; we to rcftjetiivc govcromeni NeftJi'er the preftnt portninity foe explaini' ceivfd'Ihad contormt :A|f*rabL op- .;(l. of ^ :Wtheinj , B9P'^''''^ rican citizens from a reliance .Wbcfo and ifiiahope, that no further ijiTconlc fait ll . iient, ^hii^h I had i'ully beli^jiiatl woulu uavc n\et v.; HisM.^ , _ -battdn, and woald have led toa complete an 1 r(;:jral 11 derftanding between the two countrie ^ ntirnents of the hiph-fi: refpect and confidcration, I have the hon- Cv. , ...-, oir, your molt obedient humble lervant, D. M. ERSKINE. llcUotf^ Robert Smith, CjV. Uc. Ihe Secr^py of State to Mr. Erskine. ' (Sy Jfigunguf, 1809. Sxc— I have jufl received from Mr. I'inkney, a letter inclcfni;r - printed P'.per, purporting to be a cony of a defpatch^ you from Mr. Canning, which 9 fllfes amongother things, that " from the report of your converfations with J\,]r. Madifon, Mr. Gallatin, and Mr. Sniith. it appears— " ift. That the American government is prepared in the event of His JVIaiefty's confenting to withdraw the Orders in Council of January and No- ven.ber 1807, to withdraw contemporaneouny on its pa. ., the interd.a.on ot its harbours to (liips of war, and all non-riUercourfe and non-importaiion adls. fo far as relpeds Great-Britain, leaving tli^m in fore- with refped to trance and the powers which adopt or a£l under her decces. " 2d. That Americ.i is willing to renounce,d jrjng the prcfent v ar, the pre- tenfion of carrying on ia time of war, all crade with the enemies' colonics, from which Ihe was excluded during peace. r , r? , " 3d. Great Britain for the purpofe of fecuring the operation of the I-mbargo, and tlie bona fide intention of >^meric.■^, to prevent her citizens from uadlrtg with France, and the powers adopting and afting under the 1- rcnch decrees, is to be confidercd as being at liberty to capture all fuch American vefVels. as, may be found attempting to trade with the ports of any of thefe powers ; with- out which fecurity for tb- obfervance of the embargo, the raifing it nominally with rcfpeft to Great- Britain alone, would in fad, raife itwiOi.refiJC^ to all tlie world.*» . , ^ , , - ^ I have the honor to rcqueft you to favor me with fuch explanatiorts as yout candour will at once fui^geft, in relation to thefe impu'ed convcrations. I forbear to cxprefs to you, fir, the furprifc th at is felt a'; the eiti«aordinary pretenfions fet forth in this letter of inftruaions ; and efijecially at the ex- petUtion that this government woulcU.as a preliminary, recognise condi- tions, two of which are fo manifefily irreconcilable to the dignity and mtereit of the United States. I. however, would remark, t^at had you deemed it proper to have communicated m extcnso this letter, woull have been im- poffible for the Prefidcnt to have perceived in its conditions, or in its fpirit, that conciliatory difpofition which had been profeffed, and which it was hoped kad really cxilled. I have the honour to be, 8;c. c^^n-rij (Signed; P-- SMITH. ^he Hon, David M. £rskifie, &?<:. isfc. ^ From Mr. Erskine fo Mr. Smith, ^ JVasbirgion^ Jugust J^tb, 1809. Sin—I have the honour to acknowledge the receipt of your letter of the gth inft. informing me you had jua received a letter from Mr. I'inkney, in- clofmg a printed paper, purporting to be a copy of a defpatch, to me from Mr. Canning, which Hates, among other things, - from the r.port of your conver- fations with IVlr. Madifon, Mr. Gallatin and Mr. Smltli, it appears : -" ift. That the American government is prepared, in the event of His Majefty's confeRting to withdraw the orders in c:»uncil of Januaiy and No- vembtr 1807, to withdraw contenrporaneoufly on its part, the intcrdiclion nt its harbours to iliips of war, and all nou-intercourfe and non-imi-»rtai«onG6ts fo far as refpeils Great-Britain, leaving them in force witl-i refpeft to France and the powers which adopt, or ait under, her d«rcrees. " ad.ThMAmcric'ais willing to renounce during the prefcnt war, the preten- , iioiTS of carrying on, in time of war, all trad-s with the enemies' colonies,from vhidjflie was c;iclud«d during peace. ^S^f, w 8 " 3cl. Great-Britain, for the purpofe offecuring the operation of the em- bargo, and the bonajide intention of America to prevent her citizen* Irom trading with Franct; and the powers adopting and atling under the Trench decrees is tp be confcdered as being at liberty to capture all inch American Vefiels as may be found attempting [to trade] with the ports of any of thefe powers, without which fecurity for the obfervance of the embargo, the raifing it nominal!/ with refpcft to Great Britain alone, would in faft, raife it, with refpectto all the world.'* The explanations .vhioh you requeft from me npon that fubjecl fhali be given with candour, and I will proceed, accordingly, to lay before you an ab- llradl of ihe conimuniciticns which I made to his Majefty's government, rela- tive to the unofficial convorfations which I had held with Mr. Madiron,(thea Secretary of Siate.) Mr . Gallatin and yourfelf, at the time and upon the oc- cafion alluded to by his MajeAy's secretary of State (Mr. Canning) in tliat part of his inllruftions to me of which* you inform me, you have received a printed copy from Mr. Pinkney. Upon referring to my defpaiches, addreffed to His Majedy's government of the 3d and 4th December lall, in which thcfe communications are detailfid, 1 conclude that the convcrfations alluded to niufl have been held forae days previous to that period, and were to the following effeft : — Mr. Madifcn(thenSecrttary of State)is reprcfented by me to have urged various arguments tending to prove that the United States had exerted alt their effo; J to perfiiadc the French government to withdraw their unjuft reftriftions upon neutral commerce, and that recourfe might have been had to meafures of more aitivicy and dccifion againft France than mere remon- ftrances, but that, in the mean time, Great-Britain had iffued her Orders ia Council, before it wa^ known whether the United States would acquiefce ia the aggrefllont of France, and thereby rendering it impoifiblc to diftinguilh between the condudl of the two belligerents, who had ecjually committed ag- grelT.ons againft the United States. After fome other obfervations, Mr. Madifon is ftated Lyme at that lime, to have added, that as the world muft bs convinced that America had in vain taken all the means in her power to obtain from Great Britain and France ajuft attention to her rights, as a neutral power, by reprefentations and re' monUrMiccs, thatflie would be fully juftified in having recourfe to hoftilitie* with either belligerent, and that fhe only heiltated to do fo from the difficul- ty of contending with both : but that flie muft be driven even to endeavor to maintain her rights againft the two greatcft powers in the world ; unlefs either of them fhould relax their reftriclions upon neutral commerce ; in which cafe the United States would at once fide with that power againft the other v/hich might continue its aggrefnoiis. That every opinion whici) he entertained refpeclingthebeft intereftsofhis 'jountry led hiui to wifli thit a good underftanding ihould take place between Great-Britain and the United Siaics, and that he thought th?,t the obvious ad- vantages which wouhl thereby refuk to botU countries were a fufficient pledge of the fincerity of his ientiments. Thefe obfervalions, fir, I beg leave to remark, v/ere made to me by Mr. Madifon, about a monih after the intC'ligence had been received in this coun- try of the rejecl'mby Ills Jk'ajelly's goveraiment of the propofition. made 1 ■ tin '.a.'b Mr. Pinktieyhy the Prefident for the renioval of the embargo as relp'-aed Great Britain, upon condition that the Orders in Councd fnouUl Ve withdrawn as refpeaed the United States : and his fentiments were, as I conceived, expreffed to me, in order that I might convey them to His Ma- icav's government, fo as to lead to a reconfiderationofthe propofition ibove- rneotioned, with a view to the adjuftment of the differences upont'^^; /"^j^*^^ b^tvveen the refnee.:ve countries. But I never confidered that Mr. Mad.fon jn»ant that the government of the United States would pledge themfelvesbc- vend tlie proportion refpeding the c-nbargo, as above ftatcd. bccaufc that was the extent ot the power of the Prefident by the Conftitution of the United I underftood, very diftinctly, that the obfer vations of the Secretary of State vere intended to convey an opinion as to what ought and would be the cour fe purfued by the United States, in the event of his Majefcy s Orders m Council being withdrawn. t n n. i r *u In thefe fentiments and opinions, you concurred, as I collected trom the tenor of feveral converfations which I held with you at that period. With refpeft tothe fecond point, a£ ftated in your letter to be contained 5n a " Defpatch from Mr. Canning." 1 beg leave to offer the following ex- In the courfe ofu private interview I had with Mr. Gallatin, (tl» Secretary of the Treafury)he intimated that the non-intercourfe law, which was then likely to be paffed by the Congrefs, might be confidered as removing two verv important grounds of difference with Great-Britain, viz. thenon impor, ration aft, as applicable to her alone, and alfo the Prefident's proclamation, V h-reby the fhips of Great-Britain wer« excluded from the ports of the Unit- ed States, while il^oie of France were permitted to enter ; but that uy the non-intercuurfe law both powers were placed on the fame footing. He did not pretend to fay that this meafure had bttn taken from any motives of con- cefllon to Great-Britain ; but as, in fad, thofe confequ.nces followed he con, ceived they might be confidered as removing the two great obftacles to a conciliation. ,. ~ r i. • .. * lie adverted alfo to the probability of an adjuftment of another iiaportant point in difpute between the two countries, as he faid he knew that it was in. tended by the United States to abandon the attempt to carry on a trade with the colonies of bcUigerents in time of war which was not allowed m time of peace, and to truft to their being permitted by the French to carry on iuch trade in peace fo as to entitle them to a continuance of it in time ot war. As it may be very material to afcertain what " trade with the colonies ot belligerents" was, in my conception, meant by Mr-GaUatm, as intended to be abandoned bv the United States, I feel no hefitatlon in declaring that I fuppofed he alliided to the trade from the colonies of belligerents direct to their mother country, or to the ports of other belligerents, becaufe the nght to fuch trade had been the point in difpute ; xvhereas, the right to carry on a :rade from the colonies of belligerents to the United States had never been called In queRion, and had been reco-nized by his Majefty's Supreme Court of Adrai -alty ; and the terms even upon which fuch colonial produce might be reexported from the United State:, had been formally arranged in a treaty r . A • T __.i — i„. t^^ !\t;o;o»,.c {-'Un n^tpntiary of both countries, which -''^^^'. ^=^fe»^1*«>-'5E3fe^)'V-J: was not indeed ratified by :hePrefident of the United Stttec ; but was not ob- jeded to as to that article of it wh'ich fettled the terms upon which fuch trad* was to be nermitted. Such was the fubriance,fir,ofthe unofficial converfations which I had held with Mr. Madifon, Mr. Gal'aiin, and yourfelf, which 1 did not confider or reprcfent to h'.s Majcfl)'? government as iatinded with any other view thaa to endeavour to bring about ihe • cj^eai of the Orders in Council by fliewing that many of the obflacles whic-h hadftood in the way of an amicable adjuft- ment of the differences between the two countries were already rrmoved,an(i ' that a fair profpedl exiltedcf fettling what remained ; fince the United States had e:;hibited a determination to refift tha unjull aggreffions upon her neutral rights, which wcs au iliat Great-Britain had ever required ; but I certainly never received .iny alTurauces from the American government that they would pisdgr themfclves to adopt cue conditions fpecified in Mr. Canning's iaftruction.'; as preliminaries : nor did I ever hold out fuch an expectation to His Majefly's government; having always ftatcd to them that in the event of His MajeUy's thinking it juR or exptclicnt to caufe his Orders in Council to be withdrawn, that the PreHdent would rake off the embargo as refpect-cd England, leaving it in operation againlll'rance and tfie powers which a- dopied, or acted under, her decrees; according to the authority which was veiled in hina at that time by tl e ( longrefs of the United States, and that there was every rcafon to expec . that a fatlsfadtory arrangement miglit be made upon the points of the colonial trade which had been fo long in dif- puts between the two countr" s. As to the third condition referred to by you, fpecified in Mr. Canning's inflructions, I have only to remark, that 1 never held any converfation with the members of the government of the United States relative to it, until my late negociation; or liad ever mentioned the fubject to His M«jelly's go- vernment ; ittir.ving, for thefirft time, l->een prefented to my confideration in Mr. Canning's defpatch to me of the 23d January, in which that idea is fuggefled, and is ftated to have been affented to by Mr. Pinkney. Jt would be unavailing at the prefent moment, to enter upon an examina- tionofthe '* pretenfions fet forth in Mr. Canning's letter of inllructions'* (which you are pleafed to term^ ** extraordinary." I confider it, however, to be my duty to declare that, during my negociatioti with you, which led to the conclufiouofthe provifional agreement, 1 found ti* reafcn to believe that any difficukies would occur, in the accomplifliment of the. two former conditions, as far as it was in the power of the Prefident of thft United'States to accede to the firft. and confifieritly with the explanation which I have before given of the {(n:(y\\(\ point : — Oti tHe contrary, I received afi"ur- auces through you, that the Prefident would comply (as far as was in his pow- er) with the firft condition, and that there could be no doubt that the Congrefs would think it incumbent upon them toaffcrt the rights of the United States againfl fuch powers as Ihould adopt or act under the decrees of France as foon as their actual conduct or determinations upon that fubject could be afcertain- ■d— but that, in the mean time, the Prefident had not the power, and could not undertake to p.jedge himfelf in the fcrmal manner required to that effect. I received alio alfurances from you, that no doubt could be reafonably en- tertained that a fatisiai^ory arra";jem;nt might be made in a tre.ity unnn the I k^bica of the fecona condition mentioned in Mr. Cann.ogjs 'nf;"-\°"\?^ i cordhiVto my explanations of it in the foregoing part of th.s letter, but that ut Sly wouTd form an article of a treaty in which the vanous pretenGons •' ¥LT,rro" duLn you ctt:i^:i;%cry diftindly informed me, could no. beTeco niztd by i.e P^efident, but'you added what had «-^ -'.f.^;^^^^^^^ riinc that you did not fee why any great importance H.ou d be ^^ ^^^^^^^^^^^^ Trecogniiion ; becaufe it would be impoffible that a c.t.zen of the Un ted States could prefer a complaint to his government on account of the capture of hUveffel while engaged in a trade abfolutely interdicted by the laws of ''VndrLfe circum^ances, therefore, finding that I could not obta,„ t^^^^ • recoenitions fpecified in Mr. Canning's defpatch of the 23d ot January, Sh forn^odLt one part of his inftrttctions to me) in the formal manner Sukeri conQdered that it would be in vain to lay before the government cfThe United States the defpatch inqueftion which I was -^^l^l^Tr^'. done IN EXTENso, had 1 thought proper But as ^ »^=^d l^ach i ong groun^^^^ for believing ehat the object of his Majelly's government could ^c atumed though in a different manner, aud the fpirit. at leaft. of my feveral letters of iJructlons be fully complied with, I felt a thorough conviction upon my mind, that I ihould beacti'ng in conformity with His ^^^f J[ » -^;,;,*'^: ace ordingly, concluded the late provifional agreement on Hu Majclly s be ■ an rronc^s judgment of ui Majefty's views, and ,he ■"""^ "f ^> '"^ ftruclions ; and 1 have moll feverely lo lament that an act of m me. (though ImlMenttonally,) fl.ould proiu" '-X embarraffments in the relafon. between the two countries. . , ^-,f„r/^;j^^j"^j°^^'^ dient humble fervant. U- i • 7le Hon. Robert tinnth, l^c. hj'c. ^(. ■ TbeSecrctaryof the treasury to Mr. Erjk'me, Washington, i^th August, 1809. SIR-I do hot believe, that in the converfations we have had refpeding thepraa-u:abUityofa.adju|Vment of the differences between the Unuec States and Great-Britain, we ever had mifunderrtood one another. Yet a from Mr Canning's inilrua.ons lately publiOied by your fvernment t 'ouhl feem that i^>me opinions are afcr.bed to feveral '-•jbers^t th.^^^^^^^ ,:.nj0.ratioa, whirh thev did not entertain, it appears neceffary to alcerta... ■itheronany point a milappreheufion can I'.ave ts\ken pUcc. i^rrT^Swre^w I will forbear niaking any obfervations on what in the innpuflions is called che third condition, fince it is not aiTerted that that inadmifTible propofu tion was fuggciledat V\ afliingtou. The points embraced in Mr. Canning's firft propofition formed the prin- cipal topic of our coiivcrfaiions, relative to a revocation of the Orders in Council. Yet in the manner in which that propofition is expreffed, it goes further than had beeii fuggefted by the member., of the adminiflraticn. It is fufHcicntly evident from tlic proceedings ofCongrefs, both previous and fub- fequcnt to the unratified agreement of April laft, that the United ^"tales in- tended to continue the reflridlions on the commercial interc^urfe with France, whilft fuch of her decrees as violated our neutral rights continued in force, and to remove thofe rellridlions in relation to Great-Britain, and in the event of a revocation of the Orders in Council. But that ftate of things fo far as it related to France, was to refult from our own laws known or antici- pated by your government when they authorifed an arrangement ; and it was not propofed by us that the continuance of the non-intercourfc with France (hould be made a condition of ihat arrangement. Whllll on that fiibjeiSt, I will add an obfervation, though perhaps not immediately connedlcd \vitb the objeft of this letter. I think that the objedt of that propofition, fo far as it agreed with your previous underftanding ot the intentions of this go- vernment, has been fubftantially carried into eifeft on our part. It is true that your government might at the date of the inftrudtions have expcfled from the incipient proceedings ofCongrefs, that Holland would be embraced by the reftriftive laws of the United States. Not only however was the omiflion nominal, fmce American veflcls were at the time by the decrees of that coun- try refufed adfnifllon into its ports; but under the fame conftruftion of our laws by which the commercial intercourfe with Holland was permitted, that with Portugal wasalfo confidcred as legal in the event of that country being occupied by Brltifli troops in the name of the Prince Regent. It is therefore principally as refpefts the fecond cond^rion which relates to the colonial trade, that erroneous inferences might be drawn from the ex- prcffions ufed in Mr. Canning's inllru6\ions. Although the fubjeft muft have been mentioncvl here incidentally, and only in a tranfient manner ; as it is one to which I bad paid particular attention, and on which my opinion had never varied; I think that i can ilate with precifion in what view 1 have always coiifidered it, and mud have alluded to it. T. I never could have given countenance to an opinion that the United Ftates would agree, or that it would be proper to make any arrangemei>t whatever refpeding the colonial trade, a condition of the revocation of the Orders in Council. The two fubjetls Were altogether unconnedled, and I am confident thvat fuch a propofition was never fuggcfted either by you, or by any member of this adminif] ration. Such an arrangement could beefFed- ed only by treaty ; and it is witn a confiderable degree of furprize that 1 fee your government now afking not only refiflance to the French decrees, but the abandonment of a branch of our commerce, as the price of the revocation of the Orders in Council. This feems to give a new cbaradler to a m4»fS';«^,*.ir*^ys&ss;_ ^ w A 10 2d. That In the cafe of the Chefapeake, your inftructions only autliorifc you (without affigning any reafon whatever why the reafbnable terms of fatis- ^ faction tendered and accepted, have not been carried into eiFect) to commu iiicate to this government a note tendering fatisfaction, with an underilandinir that iuch note fl;ould not be figned and delivered by you, until you fliould have previoufly feen and approved the propofed anfwcr of this government and that the ligning and the delivery of your note and of the anfwcr of this government fhould be fimultaneous. 3d. Thai you have no inftructions, which aulliorife you to make to this government any propofitions whateyer in relation to the revocation of the Britifti Orders in Council ; but only to receive fuch as this gov ernmem mav deem it proper to make to you. ' 4th. That, at all events, it is not the dlfpofition or the intention of the Bntifh government to /evoke their Orders in Council, as they refpeft the United .-tate^ but upon a formal ftipulation on the part of the United Statfes. to accede to the following terms atid conditions, viz. lih IhattheactofCongrcfs, commonly called the non-tntcrcourfe law- be contmued againfl France, fo long as ftie fhall continue her decrees ^ 2d. J hat the Navy of Great-Britain be authorifed to aid in enforcing the provifions of thefaid act ofCongrefs. 3d. ihat the United States Dull explicitly renounce, during the present war, the right of carrying on any trade whatever, dircdt, or indired with any colony of any enemy of Great-Britain, from which they were excluded dur jng peace ; and this renunciation muft extend, not onlv co the trade between the colony and the mother country-, but to the trade between ;he colony an-l the United States. / * «» If, in the foregoing reprefentation, it fliould appear, that I ha;re in any In- Itance mifapprcheiided your meaning, it will afford me realpleafare to be en»- bled to lay before the Prefident a llatement, corre6\ed agreeably to any fu?: geftions, with which you may be pleafed to favor me. ' / 6 To avoid the mifconceptions incident to oral proceedings. I have the hon- or to intimate that it is thought expedient, that our further difcuffions on the prelent occafion, beiu the written form. And with great fmcerity I alTure you, that whatever communications you may be pleafcd thus to make will be received with an anxious folicitude to find them fucii as may lead to a ipeedy removal of every cx^ing obltacle to that mutual and Ming friend- ihip and cordiality between the two nations, which it is obvioufly the intcrcft ot both to fofter. With the higheft confideration, &c. -..,„.„ ^ ^ (Signed) . R. SMITH. Tiie lion. Francis James Jackson, (sc. fcrV. Mr. Jackson to Mr. Smitb. ~ "- « -, , , , , IVashington, nth Ottoher, iSo^.. bia---l have had the honor ot receiving your official letter of the oth inll. tov/ards the clofe oi which you inform me, that it had been thought expedi- ent to put an end to all verbal communicatior between ycurfelf and me in difcufling the important objeas of my milTion. Confidering that a very few days have elapled fince I ddiveredto the Prefident a credential letter from the King my MaQer, and that nothing has bjen even aUedged to have occur- n red, to deprive me of the facility of acccfs, and of the credit to which accord- ing to immemorial iifage, I am by thit letter entitled, 1 believe there does not exift in the annals of diplomacy a precedent for fuch a determination be- tween two Miniftcr5, who have met for the avowed purpofe of terminating amicably the exifting differences between their refpedive countries : but af- ter mature refleftion, I am induced to acquiefce in it by the recolle(^ion of the time that mult neceflarily elapfe before I can receive his Majerty's com- mands upon fo unexpefted an occurrence, and of the detriment that would «nfuc to die public fervice, if my minifterial fun£lions, were, in the interval, to be altogether fufpended. I fhall therefore content myfelf with entering iny protclt againft a proceeding which 1 can confider in no other light, than as a violation, in my perfon, of the moft cflential rights of a public minifter, vhen adopted, as in the prel'ent cafe, without any alledgcd niifcondncl on his part. As a matter of opinion, I cannot, I own, affent to the preference which you give to written over verbal intercourfe for the purpofe of mutual explana- tion and accommodation. I have thought it due to the public charatlcr witii which I have the honour to be inverted, and to the confidence which his J/Iajelly has moft gracionfly been pleafed to repofo in me, to ftate to you un- refervedly my fentiments on this point. I fliall now proceed to the other parts of your letter, and apply to them the belt confideration that can irifc from a aeal proportioned to the Increafc of difficulty thus thrown in the way of the reltoration of a thorough good underllanding between our refpeftivc countries. You ftate, fir, vf ry truly, that an :irrang?menthad been made between you and Mr. Erfl.ins, and that his Majcfty had thought proper to difavow that arrangement. I have, here in the outfct, to regret the lofs of the advantages of verbal in- tercourfe with you, as I fliouldhave availedp-.yfelf of it to enquire whether by your ftatcment, it were your intention to complain of the difavowal itfell» or of a total want of explanation of it, or of the circumilance of that explana- tion not having been made through me. I oblervi^ that in the records of thir. miflion there is no trace of a complaint, on the part of the Unite^l States, of His Majefty having difayowcd the ad of his Miniltcr. You have not in the conferences'we have hitherto held, diftindlly announced any fuch complaint and I have feen with pleafure, in this forbearance, on your part, an mftance . cf that candor, which I doubt not will prevail in all our communications, in as much as you could not but have thought it unreafonable to complain of the difavowal of an a£l, done under fuch circumftances, as could only lead to Xhc confequences that have adtually followed. It was known when I left England, whether Mt. Edkine had according to the liberty allowed him, communicated to you ia externa his original in firuclions. It now appears that he did not. But, in reverting to h s official correfpondence, aud particularly to a difpatch addreffed on the xoth of April to His Majelly's Secretary of State for Foreign Affairs, I find that he there dates, that he had fubmitted to your confideration, the three conditions fpeci- fied in thofe inftruflions, as the ground work of an arrangement, which ac- cording to information received from his country, it was thought in England might be made with a profpcdl of great mutual advantage. Mr. P'rAcine then rc^^riz xcrbaiimetscriaU!^ ycur obfervatien&'upon CJ^ch o/" the chrt-e condi- Iti 1 1 \ If f'ons, and the reafons which induced you to think that others might be fub- fl i^utcd in lieu of them. It may have been concluded between you that thcfe latter were an equivalent for the original conditions ; but; the very ad of fub- iiiiution evidently Ihews that thole original conditions were, in fact, very ex- plicitly communicated to you and by you of courfe laid before the Prclident; ibi his confide ration. I need hardly add, that the difiFerence between the^c t:onditions and thofe contained in the arrangement of the i8th and 19th /\pril, is fufficiently obvious to require no eluci-'-vtion ; nor need I draw the con- cliilion, which I confider as admitted by dil abfence of complaint, on the part of the American government, viz. that under fuchcircumflances, His Ma- jcRy had an undoubted and incontrovertible right to diiavovv the aft of his ATinifter. I mufl here allude to a fuppofition, which you more than once mentioned to me, and by which, if it had any the fligfateft foundation, this Ti^jht might perhaps in fome degree have been affcaed, You have informed VAQ t vou underftood that Mr. Erlkine had twofets of mllri'^.ions,by which to re^ . tehisconduft; and that upon one of them, which had noc been communicated either to you or to the public, was to be tefted the juaiucation I of tlie terms Anally agreed upon between you and him. It is my duty, fir, lolemnly to declare to you, and through you, to the Prefident, that the def- , patch A-om Mr. Canning to Mr. Erfkine, which you have made the bafis of an official r.orrefpondence with the latter Minifler, and which was read by the former to the American Minifler in London, is the only defpatch, by which the conditions were prefcribed to Mr. Erlkine for the conglufion of ant ^ arrangement with this country on the matter to which it relates. • To return to the immediate fubjeft of your letter. If, fir, it be yoiy in, t^ntion to ftate, that no explanation whatever has been given to the Ameri- «.an government of the reafons which induced His Majefty to difavovv the ad of my predeceffor, I mull, in that cafe, obferve, that in the inflrutlions con. veyingto him His Majefty 's intention, thofe reafons v.^sre fully and forcibly ilated; and if he has not tranfmitted them to you. lean only attribute it to the peculiar delicacy and embarrafsment of his lituation, for wliich he probably trusted to the Prefident'sgoodncfs to make fome allowance ; and he might tiie more i^afonable be led to that reliance on it, as a full and amplq commu- nication was alfo made upon the fubjeft by his Majesty's Secretary of State for Foreign Affairs to Mr. Pinkney, to whom the whole of Mr. Krfkine's ori- ginal inftruaions was read, and who it was natural to fappofe, would convey, to his government fo much information upon a very momentous occafion- as would relieve Mr. Erfkine from t le neceffity of entering into minute dcr tails of the mifunderflanding that had occurred. At all events, no com. plaint can be fubftantiated againfl His Majefty 's government on this icorc, feeing that they not om/ inftruded the Minilkr who had matle the difavow- ed arrangement as to the motives which occafioned the difavowal, but ?lfq with franknefs, promptitude, and a nioft fcrupulous regard to national honor, gave notice to the American mitiifter in London of the difavowal, of the no. lives of it, and of the precaution: ipontuneoully taken by His Majefty, to pre- vent any lofs or injury accruing to the citizens of the U.iited States from a reliance on any agreement, however unauthorifed, made .n His Majefty'5 name. The mere allufion to this latter circumftance difpcnfes me from far, •her notictox the cftV:\s which you defcribe as being produced upon the Unit* 1 IS cd States by ihe circumrtances of this agreement. How far they are irrevo- cable it is not for me to determine — for the word irreparable feems to imply ]that a lofs had been fuliained on the occafion by the public or bv individuals of this country. So far as his Majefty could be by pr^Iibility fuppofcd an- fvirerablefor foch an eventual lofs, he has, as I have before flated, taken the: ucmoft precaution to avert it. As to the expeftatiou entertained here, tliat the explanation of his Ki?a]ef- ty's fhare in this tiani'adion Ifiguld be made through me, I might conten?; myfelf v.iih fimply oblerving, tiiai I was not provided with inllriidlions to ihat effeil, l>ccaufe it was known that the explanation inqueflion had already betn given.- But it accords with the fcntimcnts of his Majedy towards this- coaritry to obfervc alfo. that he confidered, that as ibrne time mult ncce'larily cl.nple between my appointment and my entrance on the duties of my Minif- try, it would be ajnore friendly mode of proceeding toftate without delay, and through the channels I have already mentioned, the motives ihat cor^r };olied his •Vjajeily to difavow the agreement, than to leave tae American go« vernmen't in uncertainly in thefe rel'pefts, till the unavoidably protracted pe- rioi ol my arrival in America. 1 fay this in regard to the original notinca- iioti of his ft'^ajcftv's detei-iP.ination, and of the motives of it, which being al- re.-.dy made, it could not be fuppofcd in London that a repetition of theirv tvould be expedledfrom me ; andofcourfe no fuch cafe had been iorefeen in uiy mUruftioT.s. But if. beyond this, any incidental explanation or difcufs f:on flio'.ild be v;ilhtd for by this government, I came fully prepared to tnter into their., I even confider them to have taken place between ui. I have rerialnly derived great fatisfaftion from the feveral hours, which we ha va iper.t in conference upon theie fubjeds, becaufe thty have enabled me to lemove Tome mifundei Handings, and to refute many miiVeprefentaiions,, whicli y.rj yourfelf informed me of, in regard to the condutl of the Britifli government. 1 confider fuch mutu?l explanations as highly beneficial to ^ right ur.derflanding of the views and interelh of the two countries, and \ ihould with much picafure have reuewea them, if you had not informed m^ th it the Pre^k^ent had been pleafed to prefcribe another aad » different mocbt of coiTdudiing our ncgociations. . ••.■ • J Yvi'l nevcrthelefs avail myfelf of that motle which he {lill permits to Xt- pv?.t to voj: that liis Majcfty's has authorifed mc, notwithHanding the ungfa. f-ious K'.nnner in which his former offer of fatisfa'^ion for the affair of the' tlhefspeaka was received, to ren<:W that which Mr. £rlkinc was inftrudled to' waki^. You have laid that you (o fully underftood the particulars of that offef/ that 1 deem it un-iecelTary to recapitulate them here : I regret that, fince they' tycre fu clearly underllood by you, you ftiould not yet have been enabled to' iate to me eith ■' itt our pcrfonal ccnnnunicalions, or -n the letter which t Bm now anfwe. nijT. whether they are confidered by the Prefident as fatisfafto* ry^ or whether they are luch as he ultimately means to accept. You feem not fo diliinctlv to have undcruiod the form of proceeding in this affair, which I took the liberty of fuggelVmg as likely to lead to a fatisfaclory refult, without however at all precluding any otbrr method which might apjiear pre-. fetablc to you. My propofal was, not to communicate a note tendering fatis- fft^iicn, bat \,\i ngrce with ycu beforehand upon the terms of a dcdartiion II !? MUBi rt' f 14 on the part of his Majelly. tvNch should actually ghe t he sat'tsf action, (the con, ditions of which 1 infurmcd you that I was authonfed to carry into immediate^ execution) and ol a counter declaration to be figned by you on the i>art of the Unitid Slates for the purpofe of accepting fuch fatisfaiiion. I exprefsly ftatecl iii.1t this interchange of official documents was not meant by me as the means of conveying to each other our refpe£livc fentiments; that I under- ftood to be, as is ufual the objett of our conferences ; and 1 imagined that the papers to be figned by us, lefpeftively, would be the rcfult of thofe fenf^-* mentsfo communicaied. and that by being reciprocally corredled and modi- fied, and fimuhaneoufly delivered,they would form one compadt by which the two countries would be eqaaMy bound. This courfe of proccfeding is con- formable to the prddice of the courts of Europe on fimilar occafions. You did not at the time appear to objcdl to it ; you even requefted me to come the next day^ preparee. Under the order of the 26th April, therefore, while there arc on the one hand fewer points of difference to Aand in the way of a fatisfaftory arrangement between Great-Britain and the United States, it is poffible that there may be lefs temptation to the latter, to enter into fuch an arrangement, as the extent of their commerce may be, if they plcafe, near- ly as great under the order in (Council of the 26th April, as it would be un» der any arranjement which ihould effeft the indifpenfable objefts. to which that order applies, or as it would be even without any fuch order fo long at Trance, and the powers fubfervicnt to France, continue to cnfqrce their de- crees. It is in the fame proportion, matter of indifference to Great-Britain whether the order in CiOuncil be continued or an arrangement by mutual confent fubftituted in its room. Such Sir, are the ^-rrounds on which it has appeared to His VTajefty to be ^nneccffary lo command me to propofe to the government of the United States any forma! agreement to be fubflituted for that which His Majeity has been under the neccffity of dfsavowins ; b'jt ! am direfted to receive and difcufs p i .1 yi I) ,., .16 • •■.... ■■.-'•« with ydu, arty propofal which you may be authorised to mnike to me on tbii hsad. rss no dlfprfition has hitherto been fhevrn on your part to make any fuch propolai, i has been iuipoHioie for nie lo Itate by anticipation, (nor was I in- ftrufted fo to do) what might be the anfwer that i Ihould eventually think it my duty to return to you ; confequently I couid not have made with that view the ftatemcnt contained in the 4th Icdlion of your letter^ and the thr ;e fubdivifions of it. Such a ftatement would have been obvioufly inconfiftent with the fonnerpart of my overture, v/hichyou very corredly reco-din the 3d feftion, viz. : that I wan not inftru£led to make to you any propolai what- ever upon this fubjecl. 1 muft neceflarily referve, until I hear from you whac propofals it may be deemed proper to make on behalf of the United States, to ftate in hov.' far they do or do not accord with the inftru£lions, which it has pleafed his IVjajelly to give me (or my guidance in this negociation. I will only add fir, in conclufion of this letter, that His Majefty is very fin- cerely defirous of maintaining a perfedl and cordial underftanding with the •United States, and of bringing to a complete and latisfadlory adjullment all the points of difference that have arisen between the two governntenis ; and that, agreeing as I do with you, moft heartily, as to the interell which both jiations have in foftering a mutual and folid friendfhip and cordiality no zeal or exertions fhall be wanting on my part to carry into effcd Kis MajeUy's commands for this moft falutary purpofe. 1 have. the honor to be, with great relpeft, Sir, your moft obedient humblo fervant, . F. J. JACKSON. Tbe Hon. Robert Smith, (5 c. ^c. , , f- , . Mr. Smith to Mr. Jackson. . Deparimem of State, Ocwber ig, iSog. . Sib, — I have had the honor of receiving your letter of the nth in'tant. Before I proceed to the more material topics, which it embraces, it is pro- per that I (iiould take fome notice of your conftruiSlion, v;hich ha* unhappily converted an intimation of the expediency of condu;;ing in a written form • our f^urther difcuflioas, on this particular occafion, into a general prohibitioa of all verbr.1 communications whatever, and into an unprecedented violation ,of the moft ellential rig'hts of a public minifter, requiring a formal proleft and .a refort to the commands of your fovereign. A recurrence to that intimation cannot fail to ihovr that itsTolc obje(*k wii to "avoid, in the Jurther difcuiTions of a cafe of uniif'tial delicacy and import- ;ance, the mifconceptions well known to be incident to oril proceedings, an(ji .of which the diplomatic intercourle between the two governments had fur« *iifhed fo many and fuch I'erious proofs, — nay, of which your letter itfelf is*a additional illuftrafion. That a change in diplouur.ic difcuffions from an oral to a written form, is not without precedent. 1 canno* refer to one which .will be more fatisfaCtory to you than ti.e intimation recently given by Mr. Canning, in the cafe of the i)ropofal by Mr. Pinkney on the fubjeft of the or- 4lersin Council, and the Embargo, that the vlifcuffions which had been fre- •▼ioufly verbal, muft thenceforth take a written form. And with thia viev I take the liberty of recalling your attention to the fuhjoined cy.\fi6t' ' frc A*. Ii U.) of letters that pafled on the occafion. I 17 On the prefent, «s on that occafion, the change from verbal to written communications was rcqueftcd after two conferences, and when the fubjedl ap. ]^ared to one of the parues to have, by thofe verbal difcuffions, been brought to a point, which required a precil'e underftanding of the views and pofitions of the other. You will, fir, hence perceive, that in maintaining the right, which every government has as to the rules of intercourfe with foreign luudtionaries near it, no encroachment has been made or intended on any rijht or cuftomary privilege belonging to you in that charadlcr, nor any thing done to impede the proper and ufual courfe of negociation. You have bren fufficicntly apprifed.by my letter of the 9th, of the light ia tvhich the Pr^fident views the arrangement lately made by your predeceffor with this government^ and of the grounds on which he has expected a formal and fatisfaftory explanation of the reafons for the rehiial of his Britannic Majefty to carry it into efFcft. He perfifts in that expeflation, and in the opinion, that there has been given no explanation th?t is adequate, either, asi Co the matter, or as to the mode. When one government has been folemnly pledged to another in a mutual engagement by its acknowledged and competent agent, and refufes to fulfil the pledge, it is perfeftly clear, that it owes it, both to itfclf and to the other party, to accompany its refufal with a formal and frank difclofure of fufficienc reafons for a Hep, which, without fuch reafons, muft deeply injure its owu charafter, as well as the rights of the party confiding in its good faith. " To refufe with honour (fays a high authority on public law) to ratify what has been concluded on by virtue of a full power, it is neceffary that the government fhould have strong and so/id reasons ^ and that he fhew in particu- lar that his Miniller has viola*:ed his in(lru£tions.'* Although it is particularly incumbent on the Sovereign in fuch cafe to fliew that his inftrudions have been violated, yet it is not a mere violation of them on immateiial points that will be fufficient. It is indifpenfably requifite, moreover, that the reafons he strong ana solid, that they manifeftly outweigh not only the general obligation to abicb ty what has been fo done, but alfo the difappointment and injury accruing to the other party. And it is wor- thy of notice that the cafe under difculfion is of a higher character, and ap« peals with great folemnity to the honor andjuftice of the refufing party, tham the cafe ftatcd in Vattel, inafmuch as the tranfaction now difa' owed, was ' nor a treaty or convention to be ratified by both parties, previous to an exe. cution by either. It had according to the terms of it (and this peculiarity appears to have been contemplated by your government) been actually and immediately carried into effect by the United States. The refufal of hit Britannic Majefty is, therefore, not firaply to ratify what had been ratified by »hc other party, but to carry into eftect on his part an arrangement which had been carried into full effect with good faith on the part of the United !5tates. Nay, the cafe is ftrent^thened by the further .peculiarity, that fome of the circumflanccs attending the execution of the arrangement on the part of the United States renders it unfufcrptible of a full equivalent for the rcfus* «1 to execute it on t*-? other fide. •It ha» not «fcaped obfervation, that the obligation of your government !• ttfkikfr «xp{anttions on thisoccafion is admitted by your attempt to flitW CI . ■' . . I y 18 !ii I : cemmunicate fuch explanations. ^ ^""'^"^^''^'ns g.ven to Mr. Erikine to jonvcrfationsof thofe m:.„fters for a d"r« W !f ^f ^^^ '^ ""^''ke the faith and rcafonable cpeitations of the S States fit?' '"i^^ ^°^ were mere converfatlons in a cafe requiring th! 1 c ^^^^^^ '^*^ ^hey formal communication, it is cerrail^tZ ^ ^'''i'^^" ""^' '^^V^QC o[\ , Pinkney. nor iatendal^; Mr Sninf that^^ "nderflood' by Mr? ht reij»rded. Mr. Pinkney is exXk^'on ? ' ""^^""^^^'""^ were fo to himfelf. after decUningtrrLrpiSipVrrT ^'f' u"^"^ ^^'•- ^^""^"8 inarked.fi,nified to m1 Pinck'n^y in a "tfe^Sd m\?' \'' T^^''^ -' fervationsoa the fubject would be more nr!.^ f May 27th, that his ob- cf Mr. Kr/kioe who ias abou. t';rrX^hted St^ '' '" '""^^^^ K may l,e afked, whether it was a maTk of fri/n l^ r '"'° ''^''"''°" ' ^^^ ?)tat« toemplov for fuch a DuToofeT^L a r^ '"^ 'f'^P'" ^° ^^e United had thought prober put ciyrwLLJf''^'"'^^ ^^°"^ ^'' government delicacy and embarfan-mem Tf wh. I fi^^ conndence. and to the pcculia,' .ccountin, .r his not ^:^ :^^:^ZIZX^^:^^^^^ ^ can I perceive the forc/ofTo^r r nulk Z h'. ^"^ ^.^jPJanation. Nor ^ val in the Jnited States remleredr''!^ 'ro ^^''-^y.^P^'^^nt to your »rri- ments of His Majefty to prefer fhe mh/r '? '?' T^ '^' ^''^"'^'^^ «^«^ reconcilable to tht wrerp7„de' 'eof fl,^ .' ,^'^"'^' ,'"^ "•■■ '"'"^"'y- " "»' cation. On ti,e conTrTrv U dininail S, '^ ''";""' """""' "» f""^'' i"*!- tention ,„ replace Mr KrfU-nlh? 'r^" "'f '" "'" ''PPri''"' »' ">e in- were to fail for the United St.,es >vithi„tl°rc= weeks '• '"" ''''■ tendency offome of vonrr^mTi 1 ^T''- ^^^ ^"^^* ^^' I'cen the Jave drLn f'^t t ^ iTutlia'es 'ili "'n"' '^ °' ^'" "•"'"''°" >-'» fromthinj.overnmcnt'ieainl tlT '1 '''''^. ""* ^'^" «fcomp!aint that fron. t^ZiZ^^^i^^^^^^^^ F,V" ""'".rJ"^"^"' '^'^'^ ^^• appears, that aMicuch he dUl no . '"^^ ""''' ^'" J^ovcrnment, it ii , u rti diaicugu ft« dKl not commuuicate ia eitenfo hi» ©ngioal in- _ --vtf¥-^rivrsar'. -^vi^^t 19 ilt-uaions, he fubmittcd tc me the three conditions therein fpecified ^nd ft. the miiTion, it is becaufe this government could not have entered fuch c..a- p aimbefo e the re^fons for the difavowal had been explained and efpceiaL fyas he explanations were juHly and confidently expeded through the neM^ funa onary And as to the fuppofed referve on niy part on th.s fubjed a rrfcveral conferences. 1 did i.nagine. that my .Repeated mumauonsio you of the neceffity of fatisfaftory explanations, as to the difavowal were fuffi- cient indication? of the (liffatisfaction of this government with refpect to tl . ^' ThTftL^fs y ou have laid on what you have been pleafed to fiate as the fub- ftiiution of the terms finally agreed on, for the terms firft propofed, has ex- S ed no fmall degree of fiirprize. Certain it is, that your predecelTor d.d pre- rent for my confideration the three conditions which now appear in ihe printed docnment^ th;.t he was dlfpofed to urge Uiem more than the nature of U-o of tbem rboth palpably in^jdmifllble, and one more than merely inadminible) coufd pe mt aVtha? on finding his firll propofal unfuccefsful the more rea- Wble term; comprized in the arrangement rel^^eaing the Orders in Coun. cU were adopted. And what, fir, is there in this to countenance the conclu- f,oa you have drawn in favor of the right of hi;; Britannic Majefiy to d.favov. the proceeding ? Is any thing more common in public negociations than to bccTin with a higher demand, and, that failing, to delcend to a lov/cr ? 1 o ha?e if not two fets of inllructions ; two, or more than two, grades ot propo- iitions in the fame fet of inftructions, to begin with what is the moft dcura. W and to end with what is found iaadmiffible in caie the more dcftrablc fh^uld not be attainable. This muft be obvious to every underflandi ng, and it is confirmed by univerfal experience. ^ , n- • " What were the real and entire inaructions given to your predeceilQf is a fluellion elTentidly between him and. his government. That he had, or at Vcaft that he believed he had fufficient authority to conclude the arrangemcM his former affurances, during our difcufllons, were fuch as to leave np rocm for doubt. His fubfc quent letter of the 1 5th June renewing his afiurance to mc " that the terms of the agreement fo happily concluded by the reccnl negociatioa will be firiCUv fulfilled on the part of his LVlajefty," is an eviden ihdicaiion of what his peifuafion then was as to his infiruaions. And witk •a view to dew what his irapre.flions ;:ave been ever fince the ditavowal, I muft take the liberty of referring you to the annexed extrafts (bee C.) from his official letters of the 31st July and of the 14th Augull. The declaration " that thedefpatch from Mr, Canning to M- Krfkine (* the 2 id January is -he only defpatch by which the conditio were pre- fcribed to Mr. Krlkine for the conclufion of an arrangement on the matter to which it relates" is now for the firft time made to this government. And 1 need hardly add, that if that defpatch had been communicated at the time Cf the arrangemer.t, or if it had b^en known that the propofitions contained in it. and which were at firft prefented by Mr. Erfkine, were the only ones. Oil which he was authorifed to make ^n arrangement, the arrangement: would not have been madcr , . r 1 1- As you have diiclaimsd any authority to offer oiplanaUons lor the di;. . J m»- u li •] 20 vowal, as you have been v;ilHng to afcribe the want of fuch authority to the confideration that other channels h*d been preferred, and as you have even confidered the circumflances under which the ^.r range me nt took place tp be fuch as could only lead to a difavowal, ai.d therefore as fuperccding the ' neceflity of any explanation whatever, it is to be regretted, that you had not deemed it proper to render precife and explicit, that part of your letter which feems to imply that you had in our converfations, in relation to the aifiiir of the Chefapcake, following the words of your inftruflions, held out not only the manner in which the reparation had been accepted, but even the form in which it had been tendered, as warranting his Majefly in even retrafting the offer of reparation, and that you had elucidated the obferva- tion by a reference to the particular expreffions which, at all events, put it out of his power in any aft containing them. Whatever may have been your intention in this part of our converfation, or whatever may be the import of the paflage to which I have jull alluded, I have now the honour of fignifying to you, that 1 am authorifcd to receive in a proper forn? wliatever explicit explanations you may chufc to make, with refpeft to the grounds of this part of the difavo.val ; and without in- quiring whether yourauthorfty be derived from inflruftions ihat liave been addrefled to yourfclf, or that have devolved on you as the fucceffor of the minifler who had declined to execute them. As you have, at the fame time, been pleafcd to fay that his Britannic Majefty had authorifed you to renew the offer of fatisfaftion which Mr. Erfltinc was inllrufled to make, it was alfo naturally expefted that y<^u would in your letter have ftated with prccifion in what that offer differed from the reparation folemnly tendered by Mr. Erfkine and accepted by fhe United States, and that you would have ihewn in what the reparation thu« tendered differed from his inftrudlioni. And when I had the honour to \niU mate that in order to avoid the mifconceptions incident to oral proceedinp;s, it was thought expedite. t that our further difcuffions on the prcfent occafion ftould be in the written form, there was no part of the fubjcft to which Uiat intimation applied with more force than the cafe of the ohcfapeak ; notHf on which it was ntore defirable to avoid mifconceptions and to obtain a pre- cife knowledge of the propoGtions which you were authorifed to make,notonlf beca'iie I did not really underftand the particulars of the offer as dtflinCt'f «s yrn feem to have fuppofed, but alfo becaufe, on that point, and on chat «lon8,you had cxprcfsly ftated that you had propofitions to make, and that you were authorifed to carry them into immediate execution. On the fubjedl of the Orders in Council, the Prefident percives with fcnti. inentsofdeep regret, that your JnQruftions contemplate, neither an explana* tion of the refufal of your gov «'nment to fulfil the arrangement of that branch of the exifting differences, nor the fubf^itution of any other plan of •djuftmcnt, nor any authority to conclude any arrangement on that fubjedl ; knxt merely to receive and difcufs propolals that might be made to you on the part of the United States : ami thefe, it ijjpears muft include a ftipulation on the part of the United States to relinquifti the trade with the enemies' colo- nies, even in branches not hitherto interrupted by Britilh orders for capture, Itnd alfo a fanflion to the enforcing of an *&. of Congrefs by the Britifli navy. Wcr« the w«r properly opened for formal propofition? from th's gnvern- • > •' 21 ment, a known determination on the part of his Britannic Majefty to adhere to fUch extraordinary prctenfions, would preclude the hope of fuccefs in fuch advances, whether regard be had to the conditions themfelvcs, or to the dif- pofition they indicate, in return for the conciliatory temper which has been evinced by the United States. As to the demand in relation to the colonial trade, it has been the lefs ap- prehended, as it is not it itfelf connected, nor has it ever before been brought into connection, cither with the cafe of the orders in council, or with that of the r.heiapeake. And it was reafonably to be prefumed, if the idea of fuch a con Vtion had >" the firft inftance proceeded from the erroneous belief that it was o»^ objectionable to the United States, that it would not have been per- filleu in after that error had been afcertained and acknowledged. The other demand could ftill lefs have been appreliended. Hefides the in- evitable and incalculate abufes incident to fuch a liceni'e to foreign cruifers, the ftipulation would touch one of thofe vital principles of fovereignty, which no nation ought to have been expelled to impair. For where would be the; difterence in principle between authorifmg a foreign government to execute a'ld authorifmg it to make laws for us ? — Nor ought it to be fuppofed that the fanctions and precautions of a law of the United btates, in the cafes of the prohibited trade in queflion, would prove inefficacious for its purpofes. Had none of thofe obllacles prefented themfelves to the courfe correfpond- Ing withthe fcntiments anddifpofitions of the Prefident, I fliould have felt great pleafure in giving you formal affurances of his rendinefs to execute the conditional authoricy with which he is inverted for refioring in its full extent, as far as it may depend on the United States, the commercial intercourfc of the two countries, and that he would, moreover, be difpofed to extend the ex- •pcrjmc^t of a friendly negociation to every point of difference and of mutual Intere'^ between thcnj. If, indeed, in the event of a fuccefsful termination of what relates to the cafe of the Chefapeake, it be thought that a removal of the diiBcuIties arifing from the Orders in council might be facilitated by com- {)rch£nding them in a general negociation, and the operation of the orders can n the mean time be fufpeiidcd, the door might be confidered as immediately Open to that coiirfe of proceeding. To fuch a fuCperifion no reafonable objedlion can be made, if, as you have flaled the Orders in Council as now modified leave the trade of the United ttatcs nearly as great as it would be without the exiftence of fuch orders, fo lon.'T is Frani.e and the other powers fhall continue their decrees, and inaf- rnuch as a difcontinuance of their decrees by thofe powers confelTedly requires an immediate and entire revocation of the Orders in Council. That a fufpenfion of the Orders with a view to their being brought into a, general negotiation is more reafonable than a temporary fubmiffion to their authority, by the United States with that view, is obvious from the refledtion that: fuch a fubmiFcn would nccefiarily involve a relinquilhment of the prin- cij^ie vv^hich they li,tve {leadraiUy aflerted ; whereas, a difcontinuance of the Orders in Council in the prefent aftual ftate of things would not be incom- paNhle with the prifi^iplc on whirh they were originally founded. "his principle was, as you well know, the neceflTuy of reul'ating, through neutrals, injuries received through a violation of their rights by another bel- }i ^crcu' I '.rJ fla^c of thin^", and under the xnn.litication of tlic Or* ii' ? i 22 sX ;s rX™ "5".; » ... .™. -'o;-'""" "•"■■ if the UnTtcd States, and ,vl,.cU are invited by yours rel.'.ng to the Order m l:;i^:;rh:itSa^^;|^^:o.nLrc|pur.i. on^ '*".' ''^;^;;f:L?re:l;\V™v'- irlJjr rportant cat or ve.e,s returning •■■f ■=S:X- Lu ilrr';;^:;™ or velTeis l=ou,,d fror^ t.e Unitca , States to ilolUnS was reanaedhytha|^.eru.uch..^ ^::i:::^:^^:^r^'^^^''< .'.e cder ;,n t.e Un-..ea ste?a;:unany f™.n d,aa,« ports .uK Ira,'.. ;';;";/;^^- -^',1= VaitT ation. 95 3d. The order does not provide for ihc i, ooftant cafe of veffels, which hai failed on the like faith for Dutch ports other tiun .iiofe of HolLnd. 4. It docs not include in its provifions the extcnfive lill of vcffcls gO'nsf indircftly from the Lnited fitates, l,ut direOly Irom foreign ports to thole of BollanU, nor vcffcls trading eniircly from fo-ci^n ports to tiol and ; and ia both thefc inftances proceeding on the faiih ot the arrangement proiolicd ta be refpefted within the defined period. It is true, in thefe lall inflanccs .lie vefiels were not to be captured wIjH- out an attempt, alter contrary warmng, to proceed to ihofe ports, l^iut I need not remind you that the injuries incident to the i.clay and to tl'.e break- ing up of fuch voyages cannot but have been confidcrable, and will ha\ e re- fultcd as manifellly from the difappointed faith in the arrangement, as in the cafes fpccially provided for, and confequently with all other loflcs ta^ly re- fuiling from the fame bona fide confidence in that a£t, they wdl fall withia the jull indemnification for which the principle, alFumed in the c der, is a formal pledge. I conclude, fir, with preffing upon your candid attention, that the leafl: which the Prefident could have looked for inconfeqntnce of the diiavowal of a tranfadion fuch as was concluded by your predeceflor, and carrKd taitiiful- ly intoefiecl by this government, was an explanation from your; ot t e dif- avowal, not through the minifter difavowcd, but through his lUccefibr — an ex- planation founded on reafons iirong and folid in themlelves, and prtfented, neither verbally, nor vaguely, but in a form comnoriin.f^ with the occasion, and with the refpett due to the character and to the good faith of the difap- pointed party, — that it has been tound with much concern and with no lefg furprize, that you arc charged with no fuch ex;)lanation - that you have ap- parently wiflied to bring the fubjccis, wliich have been formally and deiini* lively aranged, into Irelh negociation, as if no fuch arra,ii,'ement had taken ^ place ; that one of the cafes thus flighted, viz. that of the frigate Chefapcake, is a ca'e for which reparation, noi denied to be due, had b-een previoully fo long withheld, or rather in which the airgrelfion itfell' has bef-n fpun out, to the prefent moment, by tlie continued delention of the mariiiers, vvliofe feizure, making a partof ths original hoiliilty committed aj'-ainft tMe Ameri- "an frigate, mud be regarded in a liglit analogous to a coniinued deter tion of the Ihi;) iifelf ; — that in the other cafe, viz. that of the v ;rders in Council, you are not authorifed to tender explanations for the difavowal, or to propolis any new arrangement, nor to conclude any agreement, but folcly to rece»v« and difcuTs propofiiions which might be made to you, not conce dirg, at the fame time, tliat to be faii-^.factory, they mufl include two conditions, both in- admiffible,— one altogedicr irrelevent to the fubjedt. and the other requiring notliing leis than a furrender of an inalien?bic fundion of the national fove. reignt) . Isotwitlifianding thefe repulfive confideralions, fuch is the difpofition of the Prefident to facilitate a final and comprehenlive accommodation betv;een the two nalions, that he is ready, as I have al.eadv had the honor of fijrniying to you, to favor any" mode " bringing about fo happy an event that ma be found confident with the honor and the efieatial intereds of the Unittd States, — I have the honor to b-, &cc. (Signed) K. SMirU. 1 he Hon, Francis James Jackson^ C'-V. &V. feV. / I I I A i t V fi4 ^ (A.) , , %»ttMt of a litter from Mr. Pinhnty to Mr. Canning, dated London, Oet. tO, 1808. «' Atourfirft iniervi«w (on the 2d Jane) verb»lcoinmuiiication wasnot dilcountenanced.butrommenrf. ed For after I had made myfelf underftood as to the purpofe for which the interview ha.i been tequeiUd, you aOced me if I tnought of taking a more formal conrfe, but immediately added, that you preiumed I iid not. for that the courle I had adopted wa» wei*. fuited to the occafion. My reply was u. fublUnce. that the freedom of eonverlation was better adapted to our fubjefl and more likely to conduA us lo an ad- Vantageous condoGon, th4n the cooftraint and formality of written intercourle, and that 1 had ""i «n- tended to prefent a note. At the feeond imerr.ew (<>" the 22d J Jiy) .t did not occur to me that I had any reafon to conclude, and certainly 1 did not conclude, that verbal communicati on had not t™*"""* to be acceptable as a preparatory couife, and it was not until the third mic/view, (on the 29th July) that It was rejefted a* ioaikniffiblc.'* . . ■ . (a) (XXTBACT.) . . .' Frrm Mr. Canning to Mr. ttnknty, dated Nov. 22. 1809r . , ^ .. • " It li JiigWy probsble that 1 did not (as jou fay 1 did not) affign to you as the nOtive of the wi(h Which I then expreffed, my perfuafion. that wtitten communic.iions are lels liable to millake than ver- M ones , becaufe thatconfideiation is fufficiently obv.ous. and becaiile the whole ccurl« and j.raA.ce of office is. ij that rcfpefl. fo eftablidied and invariable, that 1 really could not have luppoled the affign- »ent of any fpecific tnotive to be neceffary to account for my rtquiring a writieu Uaiementol )OUr pro- polals previous to my returning an official anfwer to them. ,„,,,. .. •« 1 had taken for granted all ali.rg that fiich would, andfuch muft be the ultimate proceeding on your fart i hoyever you might wifh to prepare the way for it by preliminary conler'iUqns." (C) Exifact ■/ a letttrfrom Mr. SrtHre to Mr. Smith, ilaled Washington, *fuly 3U«, 1809. Ctbir tie preient time, nor the occasion, viill afford me a Jawurable opp.jrtumtyJHirat no tntenlten existed en my part io\fraciiee any deception tovarCs the government vj tbe United States." From tbe same to tbe icme, dated August Wb, 1809. ' " Uttifer tbfse circumstances, ti>ere/ore,f.i>ding that I couid not obtain tbe ncognitions sped, fed in Mr. Canning's despatch of tbe 23d of Ja:iuarj, (vtbicb formed but one part of bis in. jtructions to me J in tbe format mannei required, I considered tbat it would be in vain to lay before tbe government of tbe United Statts lie deifatcb in question, wbicb I vas liaeriy to tave dcie in cxteofo, bad I tb^ugbt proper. But as I bad such strong grounds for believing tbaf tbe object of Hi, Majesty s government co-itd be attained, tbougb in a different manner, and ibe spirit, u: least oy »y feversl letters of instruction be fully complieu vittb. I /elt a thorough ronvicti«n upon my mind, tbat 1 should be acting in conformity with bis Majesty's wishes, and accordingly concluded tbe late provisional agreement on His Majesty s bebafwitb tbe government of tbe United Slates. Tbe disavjwjl hy His Majesty is a painful proof to me tbat 1 bad formed an erroneous judg '^ent *fHis Mcjtsty's viev,s and tbe intention of my instructum ; and I have most severely to lament tbat an act cf mine f tbougb uniiitentitinailyj should product any «n.barrasiment in tbe tfliitions between tie two cuuntnes." Mr, Jackson to Mr. Smith. tVasbingion., 23/f October, 1809. : Sir— The letter which you did me the honor to acldrefs to me on the 19th inft. was delivered to me on the following day. 1 fliall, without lofs of time, tranfmit it to my court, where the various and important contiderations vrhich it embraces will receive the attention due to them. In the interval, I would beg leave to fubmit to you the following oblevvations as they arilc out of the communications that have already occurred between us. lu fulfilling a duty which i conceive to be due to my public clura6ler, I have never fuggeiled, nor meant to fuggcil, that the mode ofr.egociation pre- icribed by you on this particular occafioii— an occafion feiided for the pur- pofe of removing exiiling differences— was otherwife objetVionable, ;han as it appeared to me, to be lefs calculated, profcffed purpofes of our negociation. than it d?f 3 -to you, to anfwcr the It was aeamft the general principle of debarring a foreign miniftcr, in the fliort fnacu of one week after his arrival, and without any previous mifunder- funding -^Ith him, from all perfonal intercourfe. that I thought it r .ght o pro- te*? Since however I find by your letter that it is not intended to apply that nrlaciple to me, I will only obferve, that in the cafe which you mention to Save occurred between Vlr. Canning and VIr. P^?'^"^)'' ^^e conferences were held, under an expeQation at leall, on the part ot the former, of their leading to awritten comnianication, whereas in ours, 1 from the beguvung. ftated that 1 had .10 fuch communication to make 'Ihere is aUo this effe.itial d.f- ference between the two cafes, that Mr. Pinkney was charged to convey an important propofal to his Majcfty's government, the particulars of which it S be very material to haie correftly fta.ed. ^vhiHl the o. jed of that part of my converfation, to which you feem to attach t.ic moll importance, was to fav, that I was not charged to make any propolal whatever. It co«ld not enter into my view, to withhold from you an explanauon, mer-lv bccaufe it had been already given, but becaufe, having been fo giv- ,»n, i could not imagine, until i.iormed by you. that a rcrpetition ot it would be n-quired at my hands. I am quite certain that his U ajelty s government having comnlied with what was confideredto be the fubllantial duty impofcd upon It on this occafion would, iiad this been foreften have added to ti.e proofs oi conciliatory good faith aU'cady manifefted, th« farther complacency . to the wifties of the United States of adopting the form of co.umuiucatroix moft agreeable to them, and of g.tUng through me the explanations in ques- tion. 1 have therefore no hefitation m informing you, that l;is Majelly was tJicafed to dilavow the agreement concluded between you and Mr. I'.rUune, becaufe it was concluded in violation of that gentleman's inftruaions ^nd altogether without authority to fubfcribc to the terms of it.— 1 Koie inltrac tions, I now underiUnd by your letter, as well as from the obvious deduc- tion which 1 took the liberty of making in mind of the i ith inflant, were at the time, in fubRance made known to you ; no ftronger illullrations there- • fore can be given of the deviation from them which occurred^ than by a referrence to the terms of your agreement. .,,•,• .u • - Nothing can be more notorious than the frequency with which, m the ceurfe of a complicated negocialion, minifters are turninied with a gradatioa of conditions, on which they may be fuccefiively authorized to conclude. So common is the cafe which you put hypothetically, that in accedmo- tothe iuftice of vour ftatement,*! feel mylelf impelled to make only one obferva- tion upon'it, which is, that it does not ilrike me as bearing upon the con- fideration of the unauthorized agreement concluded here, inP.imuch as in fac^ Mr. Erfkine had no fuch graduated inRrudion. You rvre al.-eadv ac- ■ quainted with that which was given, and I have had the honour of intorm- Ing you that it was the only one by which the conaiuons on which he was to conclude were prcfcribe^.. So far from tlietetms, which he was adually induced to accept, having been contemplated in ;tiat inftrua.on he l.imi^ t ftates that they were fublVituted by you in lieu of thofe originally pronoled. It may perhaps be fatlsfaftory that I lliould fay here that I m ft willnay be fubdantially founded ; and they authorife me, not to renew propofaU which have already been declared here to be unacceptable, but to receive and difcuf^ any propofal mr.de on the part ol: tlie United States, and roauuaUy to conclude a convention between the two cot-ntries. It is not, of courfc, in- tended to call upon mc to ftate as a preliminary' to ncgaciation, what t$ tli? whole extent of thofe inflruttion: ; they must, as Ihave before faid, remain iubjecl to my own difcretioii, until I an; enabled tc apply them to the over- lures,fwhich I may have the honor of receiving from yott. I have the hooo; lobe, &c. * . ,' ('Igicd) f. J. JACi^ON. ^IcHou RibctSmibf Vf. CjV, i ! '>li .':••• Mr. Jaihm u Mr. Smith, fVosbington, October \*]tb, 1809. ' Sit -Finaingb)' your letter of ibc xgth inft. that notwitWlanding the fj c"t V^LlT.l^c by mc ia our con erences of the terms of fat.sfac. ^^ wh cU 1 »m empowered to offer to this country for the unauthonfed at- UcV nade-bv o«e oUus Majell) s fliipsof war upon the fngat. of tlie Urn - ^ -sthcChef.peake. I have not had the ^ood fortune to make myfelf .ViV - ;ti;- .uJerOcod bv you, 1 have the honor to mclofe herewith a paper «f n ^a.-L.la conr.^n.ng tbe c nditions on the bafts of wh.ch I am ready to ^,r "-d o Vaw .-.p vrUh you che neceffary official docun^ -ats in the form C'c'.Vn^ nv Jr., of the i ith inft. or In any other form upon which wc :...! ;..re.f:er a,re..^^l Jmve the honcr to be, &c. ^ ^ j^CKSON. • ' ^c. isc, &V. . 7ie J-fuii. Jhhrt Simib, : . rropsuions offcrcdby .^KTackson to Mr. Smith. r-ThcPrcfHent's Proclamation of July 1807, prohibiting to Britlfh fhips ... ...ch^ en 1 c, ^pto tKe harbors of the United tates having been an.ll- ^1 . 4 Uaidly is NvilUng to rellore the Seamen t. en out ot the Chefapeake oi'-ef^vin^o Imniclfadgbttoclaim. in areguUrway by -PPl'^i'^"^^ ^h. ' ,nlr cl. vrovcrniuent: the difcharge of fuch of them (if any) as ftiall b« ;!;ov.;rro " VXv natural bo.n fubjeL of His Majelly, or deferters from "" His&ttmng to medceaprovifion for the families of (uchmena, we" LtSoLd thelhefap.ake. in -"^^^'-"^f^.^^.rex^^^^^^^^^^ tack upon that frigate, provided that fuch bou.ity (hall «'^ ^e ^^\^"^^^^ family of any man who fhall have been either a natural born fabjcd of H.^ Majesty, or a deierter from His Majefty s fcrvice. Mr. Smith to Mr. Jackson. ^^ Department of State, Not. 1,1809. qr^^Your letter of the 23d ult. which was duly received, would have. beenfoTnTrakn^^^^^^ been rendere^^ for fevcral ^'KoS thf d.t;t;^^^^^ reluaance in fpecifying the ground. liiiiiiiiiS ■ ,vo»al ..,-0 .= .,ar< of .h= ^r-^^^^}^"T^2X.tl^- vo i;c \o\\ i o e part ot the arrangemcm, ^ ...-.» .ww....^ j -„ ,r,ravo'v. lul in v>ur letter ftnv in- fn-rif-ation ot the reafons for the-dilavo.v- - ut^A . istd the other per e^P^*'^*''^"" ^to this govcrtimcnt.ny ovcrtur". ^.^^ ^i^^, rathoritytornakctotttisg ^htt the fubjeas. arra g ^°'^-^^ ^tTou pXeffor, are held not tobe w.U.m ^^ut. ^^ J government by 7°^^ P"^?^ ^ ^^^^t, not having h*^ * 5„ht of rkht be (iif. frotn that »^t^°"^y' ^^' "*". This difclofure. f° ""'^fjy h°s bufin.fs. If avowed by h.s g^^-^r^Trnference. gives a new *fPf^ 'J -.'as in qu«fti«>«»^» 4*nt fuppofition =^"^ J^J^;jf;X^ did not embrace f /^^/^^j;" Credential, the authority of your P'«f ^^"°'„ffj,,Uy follows, that the on^^ c profeiw'""'P°"". ..„ .v, two countries. »"^ " .. _„iv,ir vfithout ave«- JlJde the f=« ot>^;""°" V° u^ implying a kn°«l"f ""^^^horize the ar- ing to your «P=""°".°„,S„5 of your predecelTor dvd not a«n ^ g.Vnn.eut that the mft«a.on.^^ y_^ 'fXvith u h aknowkdge gov/;rmnent that under .tanas ^gigj^^d) Ifr facksffti to Mr. Smith. „ g c When 1 (brwarded to my «^*^^'^^ J°^' \' i'^°y '.da I hoped, that the from any difiic.'.ilty ta mainrammjr j A-, 50 w me, but becaufe I was ant? ftJII ence is not calculated to remove diffl!- °f °P'"'°"' '^at this fort of co-refo^n^ unforfnaatc tendency Ac T ^ ^'" ^"'i ^0°^^ irritationsof rK ^^t . Since , fir, it has been iuS LnTH^'""' '^' °P'"^°" ^ before entertain./ Jd. in fojne inn.nceras'hr^in" °fee" ^?-"?''"^^' -^h&fSdT ^«;p^ toplaceinthemoft unequivocal hXr ''''•^•'^•--^' " furthermore n-ef" ilanily und prominentlv re C ^ ^* ^°P'^' ^'^'ch I obfervrtoL » Permiifion to th. R..- f/J 1^^' ^° ^'^»d« ^Uh the cnemJec .^.lif "' *? «?- fenced as the fubflance of what h T^al en^"' ^'"''" '^''^' ^^h infl. fnd reore jwn ,75^"'°" °' aftmilar tenor. I believ*. th ^ " , ^"e 23d, to find in it I Congrefs, but of the public hw wS ' *?'''=''>' " ?>"• "<" of thelai rf '^ulJ |,ave i.acl a common in Lft ,,^7 "''"I '^°"' P«'«' =nd vrhicl^^.K : •'Stncyof.h, Britift„avy\!oSl7i,V"'"5''''^=«':"«d,- in that cafe, h, •ne two countries, no laws nf f v,, "•• P^e ent there is no engagement h/.t-,-- ^ ^omuch Ml •bjeftof folicitudc, ^s you imagine, to obtain the rellnquifh- mcnt of the trade of any country to thofe colonies. On the contrary you wiU*nd it dated in my letter of the nth uit. to be a "matter of mdiffer- Tilcc whether the Order in Council" (on this fubjeft) " be contmucd, or «n arrangement by mutual conlent fubfiituted m it' room." When i informed you that the ajrreement concluded here m April lalt, ftta l>een framed in deviation from the inftruftions given for the occafion my eJt- • planation was intend'.d to apply to both parts of that agreement.--l hat rto- thine, required by the moil fcrupulous accuracy, may be warning. I "ow^. that the deviation confided in not recording in the cfEcial document iigned here the abrogation of the Prefident's Proclamation of the id July, 1807, as welUs the two relerves fpecified in the paper of Memoranda mclofed m ifiy cfficial letter to you of the 27th ult. There is another motive for the difavowal of this part of the arrangement, tonfidered to be fo flrong and fo felf-evident upon the very face of the tranJ- aaion, that I am not commanded to do mere than indicate it in the manner 1 have already done— By this forbearance, his Majefly conceives that he is giv. \ng an additional pledge of his fincere difpofition to maintain a good under- Handing with the United States. lamfomcwhatatalofs, to give a diflinft reply to that part of your letter Vhich relates to Mr. Erlkine's authority to conclude with you, i" virt ue oi his ceneral letter of credence, becaufe I do not very dillindlly underftand the t«n. dency of it. I never before heard it doubted, that a full power was requiftte to enable a Minifter to conclude a Treaty, or that a mere general letter Ol credence was infufficient for that purpole. . U it were atherwife, and a government were iii all cafes to be bound by the •a, however unauthorized, of an accredited minitter, there wouM be no lafc. ty in the appointment of fuch a Minifter, and ratifications would be u{e!«.s. Ko full power i*as given in the prefent cafe, becaufe it was not a treaty, but . the materials for forming a treaty that was in contemplation. In his defpatch of the z^d of Janoary. Mr. Secretary Canning dittinaiy faid to Mr. Erfkine— •* Upon receiving through you on the part of the American Rovcrnment, a diftind and official recognition of the three abovcmentionca conditions, his Majefly will lofe no time in fending to Americana Mvmftef fully empowered to confign them to^ a formal and regular Treaty.'* This miniller would, of courfe, have been provided with a full power ; but Mr Vrfkine was to be guided by his inftrudlions ; and had the agreement: concluded here been conformable to them, it would without doubt have been ratified bv his Majcfty. I muR beg your very particular attention to the Cir- cuirftance, that his MajeO.y's ratification has been withheld, not becauic the •greement was concluded without a full power, but becaufe it was altogether irreconcileable to the infiruaions on which it wa-; profelTedly founded. The oueftion of the full power was introduced by yourfelf to give weight, by a quo- ?ation from a highly refpected '.iuthor, to your con.plaint of the ddavowaU la arifwcr to which T obferved That the quotation did not apply, as Mr. b rfkm* had no full p.wer. Never did 1 imagine, or any where attempt, to relt tuft right Of difavowal upon that circnmnance -.—Indubitably his kgreemcrit would, neverthelefs have been ratified, had not the inilrudVions, which :n W^S cafe took the place of a full power, been v'.olat^d. N i ! *i I a tl. .CI t!i f 32 1 itti furpris^d at ftie tranfition, by which it appears io you that thit part <»f ih- fubieft i« coi>ncaed wiih the authority empower- ng me to negocute with vou It wiU not, I dare fay, have efcaped your recoUedion, that 1 informed iou at i Very tarly period of our communications, that in addition to the ufual credcntiil letter, his Majefty had been pleafed to inveftme with a full powfer ■ cnder th« great fcal of his lengdom, for the exprefs purpofe of cencludmg ■ Ueatv or convention. I well remember your tcflifying your fatisfadi^n .at Ch« drcumilancc ; and I have only now to add that I am ready, whenever it fuits your convenience, to exchange my full power, agamft that with whicH ■ «ou (hall be provided, for the progrefs of our negociation. . ^ . . I »m concerned, Sir, to be obliged a fecond time to appeal to thofc princi- oUa of public law, under the fandion and proteftion of wh.oh 1 was fent ta Sii country. Where there is not freedom of communication i:i the form Ittbfiituted for the more ufual one of verbal difcuffion.there can be htilc utcful inurcourfe between minifters ; and one. at leail, of the epithets which you have thought proper to apply to my laft letter is fuch as necelTar.ly ibridgea • that freedom. That any thing therein contained may be irrevelant^ to th« fobicct.it isofcourfc competent inyou to endeavour to Ihow, and astav a« you fucceed info doing, in fo far will my arg umcntlole of its va^.dity-bul a to the propriety of my al lufIOP^ ycu must allow ine to acknowledge only the decifion of my own lovcreign whofe commands I obey, and to whom alone I can confider my felf rcfponfiWe. Beyond this it fuffices that do not deviate from the refpeft due to the government to which I am accrcditect. You will find that in my correlpondence with you. I have carefully avoid- cddrawing conclufions that did not necelTarily follow from the prcmifcs ad- vaneed by meJand least of all ihould I think of uttering an infmuation, where I was unable to fubstantiate a faft. To fafts.fuch as ! have become acquaint. ■ ed with them, I have fcrupulouny adhered ; and in fo doing muft cont.ni^e whencverthe good faith of his majefty's government is called i. ueftion to vindicate its hoftor and dignity in the manner that appears to '"« ^^^ /*»^"; lated for that purpofe. I have the honor to be with great refpca. bir, yo^f moa obedient humble fcrvanl, v i ^AfK<^OM' (Signed) *• J* jAUl^UW, Ibe Hon, if. Smith, t^c. Cb'tf. Mr, Smith to Mr. Jaehon, Department •] State^ lot. 8, xBog. the r~b th.I hed.lp.Uh- irom Mr. Canning to Mr. E.flcine of .^. ijd Ja^o.rf. •..!»« «„1« dfoiicb bT which tbtc«ndiunn.wer»prefer.brd to Mr. E:ft.n*, for .be co..cU,r.»« cf L .?A«gc««rni on .be m.tt.r to .hi.h it reUt.d, ... then for th, f,.« um. «••-.« tLr<,vVrnmeni." Aod it wa. .dd.d th.t .f th»t ddo.tch h.d been «,nn.un.c.i.d .t the Kn^e^mngement; or if it h.d been know« th.t the propofi:ion. con...ned m .t w.r. thTon.yte.?n -S tbe.rr.ngem.ut wouli "°5„^"Jr uVteroTttfirtl inttaot, .d«rti.,g to the repetition in your letter of the ^^i/*'/ I .Lr^r»W n^. knowledfre iu thi.goe.rnment th.t tte inltr.cl.ons of yo..r pr.drt.ffof Si'd 00 IJtb" fe ?be^rr:;^^^^ for.f.d by hi., .n i»tit«.tioB wm dift.oaiy gi.en - J;t th.t .f?er"t he explicit .nd peren^wtory .iTe.er.tion th.t tl... f-""--;; ,7^^^ ^ fuch kDO-^ledge, and th.t withfucb . knowlrdge, f-eh .n.rr.ngem.ni wo.id Mt h.te bte* «.de. DO fuch infioo.tion could be .dmit.ed by tbi. gojernmen.. ^ ■ fiDdiog, xhti in jour reply st tiw.+ra ..U. r«u b»ve wu*? a iv^"-iz ==.-.5 «»«s»- ^ '^ m S3 . # fuvatiDf tti* fimtgroft iabaaitioD, it only rcmaiot. in orrftr to prcclud* opportunitiai which art tbai •kufcd, to inform 70U tbat do Hnbtr coramaaicatiani will b« received froa «tm. Md tb»t the atceffity of this determioi* tiM« villi withoct delif , be a«de knowo to ^ur ga«crnis«nt« la the raeao time • rcadjr attention will be fiVco to »af comnunica- lieat afr<-Aing tbc IntereAt of the twonationi, through inf other cbiftael tbit may be fub- Ai'.sicd. I btv* tbc haaor to be, Sec. (Ji^ed) R. SMIl'H. thi Bm.PraBtit "jamtt Jackton, Wc. Wc. Mr. O.kricy hit Majcfly'i Secretary of Le- f atieii, it dcGred ty Mr. Jtckron to Hate to «hc Secretary of State that, aa Mr. Jickfon kaa been already eac« soft g roftly ioful ed by •Jie inbabitanta of the town of Hanpton in the unprovoked language o( abufe held by their to fiv«r»l officers licaring the Kinp'i tinifofm.whrfl '.horc i-fficerj were themfelvfa violcotly alTiulicd and put in immina dan- ger j he conceivea it to be indifpeonble to .^e fafeiy »f himfelf of the gen:leroen attached aa hit miJion, and ef hia family, during the reraaiDdrr of their (lay in the United Statei, to be provided with fpecial paiTport: •r fafeguarda from the American gavernmeni. Thia it the nore nectCTiry fincc fome of the •ewrpapera of the Unitrd Statrt are daily •Cng a language whofc only tendency can be to excite the people to commit violence upon Mr. Jackfon'a p«ifon. In confequence, he tequefla that the anderraent-.oned namea in«> Ibeinfertcdinkbt docDmcnttobefurniflied him. Fraccia Jamet Jacklon, Mra. Jackfm Their three children, Charlea OakeUy, Efq Hit maj'-fty't Secretary of Legation, Mr. George Ottry, t*tivate Secretary. Servantt.— Robert Clavering, Francii Martin. William Attree, Charlea Beecroft Richard Lowe.Jonn Price, John Lilly, Jame? Wright, Amelia Geoigf, Mary Smiih, Har- ff'iet Patten, Martha Wood, France* Black- •ell. [Received at thf department of tltte 00 tbi litb November i8<79 ] Mr. Oikeley is defired by Mr, JackToo tc fay to the fccretary of {\rofelf received. Inflating tbcfe fiAt and in adhering to them aa hit duty imperiouily enjoined bin to do, Mr. Jtckfon could not imagine tbat of* feuce would be taken at it by the Ameiican government, at moll certainly node could be in'ended on hia part ; but fince he haa bceO informed by the fecretary of flate that no farther conimunic*tions will be received from him,' he ccnceivet tbat he hat no alternative that it conGdent with wbit il due to the king'a dignity, but to with* draw altogether from the feat of tbe A* merican government| and await the arriv* al of hia roajefty't commands apoo tht unlocked for turn which hat tbua bcttt given to bis aff'airi :n thit coantiy. Mr. Jackfon meant to make New. York tte place of bis refidence. Wasbingtm, lyb Nov. t8»f» Ma. Smith to Mk. PlNKNtT. Dtpartmtnt o/Stat*. Uovtnbtr %%% tiftf* Sir, My letters in ihe correfpondenee witli Mr. Jackfon, already trtiifoiitted to you, fufficienily evince the difappointment that was felt on finding that be had not been charged to mike to this government either the frank explanations or the liberal po* fitioni, which the occaflon manifellly > qaifa ed. Inltead of this obviout couffe of proceed, ing, it was in the outfet per'-eived, that hi* oh'y.Ct. was to bring ua torefume the fubj'-As of the arrangement of April, in a way. that would imply tbat we were aware tbat the arrangement was not binding on his govern* ment, becaofi! m«de with a knowledge on our part that Mr. £;lkine hiid no authority to make it. and thus to convert the refponfl- biliy of hit governmen' for the difavowal, into a reproach en this ior its condiiA in the tranfa£Uon difavowed. In tbe firft ioflanc* t was deemed bed rather to repel hia obfef- to all communication whatever with the I »a iona aigumentatively than to meet then ,1 ai an oficn&vc ioQauatioDa Tbit forbearana^ £ -*> It h 34 in..nfd «.t the ftep finally t.k-n. And there ! Ti, ^ '.»!« Un.Ud Stttr.. of hi, d.fcnflion.. h..l fo entirely fl.ut it to th! ' ^ "- !!^' *":? '" •" '"^'Z"" *»>"« ^'«i""^ hep^ of .ny f.,or.ble refult from bis milT.on. J w»M not dwell on hii rfluft«nce ti eive WP th' unc.ft«intiM of verbal forrhe prrriHon • f wr,.i». d.fiofllon , nor on the monr.T or «>.ef,me,»hi.dsni«lth»t he had given arv tcov. .t ,11 for • ft.t.mrnt. which in order Mpitfd,fer.f» the rn.fconcf ptioni incident t<» ^;rbal conferences, I had placed before *'™ '" ♦""•"». wiih ■ requeti that he would pc.n; .,ut any .ntccuracies. and to which be did not ,lcn "hjert.otherwifs thun uy intimat- •rp, tha- he could not ^ave m;ide ihr n-te- turn: v.-.ti tbf particular xitw ivbicb seemed t»le,u<^p.:ud. Not will I dwrlUothe various •rR»-.cf« IP which partial or inconHftent -•.-*. •*th^futj-fth.vr. t.ken pl.ce of iti rrd mv«>. But.:m,y.iot be .mifs to nii-ke ; fo,.- rbfcrvMion. on ,he Corrrrpo d "« . i ^di?" "'^Tr^'^J l^^^'^'^ '*•" ^"l* « ""• «U»e. to tTit Juui/cclion o/i.s s:v^rnm.nt\a »••» gdiliTowfd lie ,ft of hii p.edeceffor. .W.ii. ffffp.-a to the OiHeri in Confl. tt\.U'. ground of the d.favowal, i, the ^'ftrtree betweti, the arrangement ,„d ai to the difpofition of this go.ernment. But this double milhkc muQ have been brought toligbt in time to ba»e been corrraed in Uie new miffion. Id urging it Mr. iJannirg bat taken a ground, forbidden by thofe principlei of decorum, which reg-Jate and mark tb« proceedings of govrr^mients towarcij each j.fts ; and to tE or. y 7 ' tlst a h I u'"'"' 'Y\ *'"'" ""' Vr^^^^-^-^y laws .Nould coiUi-.ioB i, allowed t„ f..ve .:,.;! ';,'? I J' \T^^^ "' *° (^rrat Britain, th.y Ih, uld fuppolitioo.that it would h- .greeabl/io the ^ ' • '" '"""- " '" ^""'" ""^^ '*'" P°"" AinericanoroTernment, w»,y },„ it hjen prr. lilted in aiirr the error w,s mirle kno.vn hy TbereprrfentationrfMr. Erflcine to his go *f«rnni|jjt, that neither tbii oor the otlur adopting or sftin^ und-r h?r drcrees. 1 his IS the coi)o'i:iMn which slo-'e properir belrrigs -o tiK- fui.j.ft, .ip.I j- i, to . .-emirt. d in -I: -firil place that tl c BriiiiL projfft of whith this coflLiiion iuik«s apart, cor.teo- m'r: afcSMiKSiift* 35 plated two thtngi in their nature incompiti-i It would not be improper so tait occaHoR ble ; onet > rrpe^l of the prohibitory *£\i >i to Greit'Biitain, without waiting; for the con clufion of * rfgulir treaty ; the other, a pledge ' or engigcrnent for their cootiuuince aa ii> the other poweri. Now, from the o»*ure of our conditution, whicht in this paiticuUr ought to have been attended to by the Britidi govvirn'nent. it is iiianifen that the Eurcutiv aottiority could hare given no fuch pledge. that :be continuance of the probibitor ' ads being a fubjeA of Lrgiflative cor.lideraiion, could DOC have been provided fnr until the i,)eeung of the Lcgi{lirgcd by Ureat-Rrttiio, i <<'i.4ih (eif ae< 'er io her alledged retaliations 4iltt'-red i« cue (principle on >»h'Ch «h<*)r wrrf t'>undrd. Thua (he h^a Imni li' dwr of th^m. Bnitl »rry lately, direA^d ih^m af;>i"Cl ttie A'T'i- can tradr t ven to Kt-lCt 4I h .ugh Koffii ii«i never adopted th: r." twa hff. WhilQ therrfprr lh« S .Js it fxptdiens to loalce thefe diHindions, (be oiii7 Would or would not have been co-ninued againft France. Such a fufpenfion couiJ not have given, in any point of view, mor.- advantage to the United States, than w^^; given to Great-B'itaiti by the repeal, wluch h ov>e is fo xnittiit,^* bv Ufgreea, iaercc> the cTorl mud b« feeble iadeecb iriiicb is to I'* ^ t ' S6 U foiTiid Id tbilncoBTtBUnet leeruSogto tbe .ilont i. b« bid deliwr^d. could not bind ki. foroiidible foe from ihe oper.tion of tbii order j jof trnrnf^t io fuch I c»ff, bit propof.l bi4 IP Conncil, and cl'p«ciilly wbcn we combinr «ith II the ftraoge pbcDomcnon of fubnitoiing for iht Uvful trade of ibt Uoited Stitei, • tr«d>. t Britifb fubjcAi, contrary to the U»i of ihe >d««rf« ?«rty, and amounting, without a fpfcial liccRcr, io tb« c; a of Britiih law, to high trcafon. 1'hui much for the ordcrt in Council.-. "Whit hat t £:;ine from hit inftruAioDi, and at containing tbe conditiont on the baflt of which he waa ready to enter on an adjuft. ment. And from a note from the Secretary of the BritiBi Legation, it appears that he hat complaioed of not having received an anfwer to tbit propofal, at he had before complained that no anfwer had been given to hi* verbal difclofgret on thit head in bit interviewt with ne. With refpeA to hit intimations in converfa< tion, at they were preceded by no proper aC fignrocnt of tbe reafont for not having exe. CDted the original adjuOment, it cannot be necefTary to remark that no fuch notice, at he wilhed to obtain, could with any fort of pro- priety have been taken of them. Witb refpeft to bit written proieft, it will foSce to remark : 1 0. That, befidet his relu&ant vodindiftinft ffSoIanatioo of the difavowal of the original ndjudment, he did not j^refent bit propofal, until he had made fuch progrefi in hit offen. fi'e infiouatioo ai mad* it proper to wait the ifftie of the reply about to b- given to it. and that this iffue had ueceffarily put a flop to fur- ther communicatiofii. adiy. That although he bad given us to crd-rdanrl ;bat the crdinary credentials, foefa neither been preceded by nor iccov panic4 with the exhibition of other commiflionoffuU power : Nor ind»ed, baa he ever giren fuffi, cieot reafon to fu^^ofe that he bad any fuch full power to exhibu -r relation to tbit parti- cuhr cafe. It ia true, that in hit letter of ih« ijd Oaob^r, he bat Aated an authority evun. tuallj to conclude ■ Ceno«fi(iaii beiwten tbt two (ountrita. Without id veiling to tfej ambiguity of the term nentuath with the mark of cmpbaGt attacbrd to it, and to other uncertaintira in the phrafeology, it it clear that the authority referred to, whatever it maybe, it derived from inftruAioni tubjrc^ to ih own ditfrttion, and not from a paieut commiflion, fuch at might be properly colled for. It it true alfo* that in bit letter «f tbe 4th of November fubfequent to bit propofal, be fayt he wat polfeffed of a full power in du« form for tbe expreft purpofe of coocluding • treaty or convention. But it Hill remains uncertain, whether bj^ the treaty or convention to which it related, wat not meant an i ntual or pro»iCo«al tre»« ty on the general rclationt between the two countiiet without any reference to the cafe of the Cbefapeake. Certain it it thai the BitiOi goveroment in former like cafei, a« will be feen by tbe adjbAmrnt of that part r/ the affair at Nootka Sound, wi:ich it an^io- e- j gout to this cafa did not co-ifider any ,uch It, j diftina full power at necelT^ry / nor it there the fligbttft ground for fuppoling tbtt Mr. K'ikine, although confelTcdly inllruaed to adjuft thit very cafe of the Cheafapeake, was furniflied with any authority diftinft from hi^ credential letter. That Mr. J.ckfon hit any fucti comro'IIon is the I; ft to be fop- pofed, asit ia ^ui tuely pofjible, that pof. felTing it he fac lid nit on fome occafion or iq fume form have ufed a language fufceptiblq of no poiUbledoobt on thit point. But pro. ceediiig to tbe propofal iifelf, it it to bo kept in mind that the conditiont forming its bafit, are the very conditiont for the deviating from which Mr. Erfkme't adjiiU. mcnt wat difavowed. Mr. J .ickfon, if not on others, it on thit point explicit. " I now add, fayt he, that tbe deviation confided in not re. cording in the official docement Ginned here the abrogation of the Prendeot's proclamation of the 2d July, 1807. as well aa ihe two re. fervcs fpecified in the paper of meiroranda en. clofed in m' official letter to you of the a7th ult." < Confidering tbn the conditions in the pro, poi'dl as an ultimatum, io what light are we -he outrage committed on the fiigate Cliefa. ptskf tpd tofaea! (he dif^ppoiDttRcntprodqcej ^7 kf I diiivavtl of* prevlooi etjaitible irpari* tioD T It ii iaiwffible on fucb *n ocMTton not to recill the cKcumnkncrt which cnndi'.utcd tbe cbxriAer of tbr outrtge to which fucb lo ul- tiffiatuin it nrw applieJ. A natiooil fliip» proc««tliog uu tn ioipnri«nt fcfvicr* wai «raicbed by 1 lupcrior di«>I force c.ijoying at tht time ihtf hofpitility of our ports, wai followed and Icarcrly out of our waters when flic was, after an irfulting funimont, atttcked in an holbis manner i and the (Lip fo injured as to ^ tbe crew killed and woondfd, feT*ral carried into cptif ity, and one thtni put to dea:b under a military f«n> trnce. I'be three leamen, thougb American cit:a''na, and therefore on e»erf fuppofition detained as wrongfully as tbe (hip would have been dctaiacd, have notwithft»nding rrraiiiird in captivity between two and three years t and, it may bt addcdi "'ifr It hat long ceafed to b« denied ib^t 'h^y are American citifens. L'lider thefe circumftancea wa are called npoi! to raulum the captives, I ft. By atkiiowledging that a precautionary froct'iijiation, juilifi'd by eve* \ preceding tHe cutiagfby tie outrage: itfMf antf by wha; Ii3iiicil.atc!y fuiiowcditi was unjuflfi .ble> 3 properly m condition pri:>:'; jctit to a rrpariioii ici the cu'-ragc And this rcq.i Ijiiji) IS rrpettedt '^oo, at;et luch an • tkaowl dgmrnt hplete obllviop the cunduftofthe officer anf*erable for the |:iorder.)0» tiaofiiftion, with a knowledgs too oncur part, tl at iiiile»d o< being punilhed or even brought to trial, hr. his been honored by his government with a nev» and more tm- p>jrtani command. 3d. By admitting a right on the part of Great'fifiiain turlaiin a difcharge from our fertice of defertrrs generally^ and particular- ly of her natural born (ubir£tii without ex. ctpting iuch at had been naturalized in due form undc- the !awi of tbe United States. It has not berp explained, whether it wai meant, as the oniveilMity of the terra "de- fertert" would import, to inclut^E American CJtiSiHJ who P.}:g:ii nsv! Iff; th ' ?:iti{b vice. But what poflibte confi' hive inducrti ^hc il:i*.°.iO cxptA that th« Uoitrd States cocld tim\t % principle, that would deprive our oatoraliacd citiaens of tbe legal privileges which tbtj bold in common with tneir natiTa fcllow-citiacot. The Britilh government ought not to have made fucb a propoGtioo ; bccaote it not only^ liks others, iiaturaliaei aliens ; but id rela. tion to tbe Uoited Statea bat even rcfufed to difcharge from the Britifb fcrvica nativa citi> zens of tbe Uoited States, iqvolootarily de« tained. If an American feamao hat reGded in Crest Britain, or has married therein, or has accepted a bounty in ber naval fsrvict.hia difcharge therafrom, on the regular appl.ca. tion to the Britifk government, hat been inva- riably refufcd by itt board of admiraliy* Tbia I flate en the authority of tbe official reports made to this depirtroent. It ii therefore, truly anonilhing, that, •vith a knowledge of tbefe fa£tt,ruch a pretenfian fliJuld have been advanced at all, bat above all, that it (bould have been made n fine {Uo non to an aft of plain iunice.already foloiig «... fed* This ia the more to be regre.ted,ia the len does not favor tbe belief we wnuld willingly cberifh, that no pre.determinatien cxifti in the CoaociU of His Britannic Majedy irreconcilable to an .amicable arrangement of an affair, wbic!i« liffeAing fo deeply the honor of th« United .tatet, mud produce a general regolatiun of thp mutual in:ereOt of tbe two countrirt. After the corrtfpondence with Mr. Jjck« Ton was terminated, two notes, of which co pies are herewith fent to you, were prefeoted to me in the name and by tbe band of Mr. O.ikley, the BritiOi Secretary of Uegation. The fird requ;fled a document having the rffeft of a fpecial pafsport or fafe-guard to Mr. Jatkfon and bis family during their (lay in the Uoited Siitei. As the laws of this country allow in unobdruAed palTjge through ertry part of it, and with the law of nations, -qualiy in force proted public minifters and '.heir families in all their privileges, foch an application was regarded as fomewhat fingu* hr. There was no hefintion, however, ia furniOiing a certificate of his public charaAer, and to be ufed in any mode be might cbufe. But what furprifed moil was the reafona affigoid for the application. The infult he alluded to was then, for the firft time, brought to the knowlrdge of this government. Ic had, indeed, been among the rumours of the dsy, that fome unbecoming fceue had takeii place at Norfolk or Himpton between foma officers belonging to ih: Africaioe and foma of tbe inhabitants, and that it /^i .ginated ia the indifcretton of tbe former. No attention u^yjnM kA*n ^aP.sd fori and no er, Secretary oj Slate. SIR, J'a'is, ^'b Dec 1809. The letter of whicl) 1 iVnu )■ u ^ ca\iy , was proba'biIity\hat any iWaao^7"mmunic" i;""""!;"""^ «"> "^f.'"'. ""J .iMamro |.n tions would be received through any channel " "■ '''""' • ' "' ""'' P' """* '^ '" " h,.,. """"bH "ny tnannti' „„pot ye.crM. rrceiv-d. Mr. Waidm ,n. foras me that ib« (cu^t'I et piisci hsibrca Sir. If 89 'brdertd to Mftvi the proccediogi with re- *vard toourTcflelt. I have the honor ttt be, fcci JOHN ARMSTRONG. Cbatnpagny to General Armstrong. SIR. Vienna, ^th Aug. i^c^> You have dcfired that one cf the American veiTrli which are in the porta of France^ might be aothorifed to depart for the Uiiited Siatei with your defpalches. I have taken the order* of his Majedy en the Tubjcft of thia demand, and bis MajcHy always difpofcd to 'acilit«te your comrounicationa with yoor government, haapermitted the drparture of the velTcl you Aall defignate. I inform the minifters of the marine and of the finances of this difpofition, rr^ueAing them to enfure the execution of it fa Toon as you ftiali have made known to them the name of the veiTel and the port from which flie istodepait. I hava the honor, Cr, to apprife you that I (hsil forthwith addrefs to you a note by otder of H. M. on the aflU'^I fituation of our lela- tiooa with the United States. Pleafe to profit by the depaturr cf the vefTel, to mike this known to the federal government, and permit me alfo to fend by that conveyance fome defpatches to the MiniHer Plenipotentiary ot his M^jeOy to the Unittd States. ■ Accept, &c. CHAMPAGNY. H> £. Gen. Armdrong, 8cc. Efttract of a letter from General Armstrong to Mr, Smith, Secretary of State. Paris, i6tb Sept. 1809. " 1 received on the 6ih mil. on my return from Holland, two notes from Cuunt Cham- pagny, copies of which I have the honor to erif li fe,^-.In one of tbefe you will fir.d an rx pofition of the principles which Iiive governed and which will continue to povem the con 6a(X of his Majefly with regard to neutral com- merce. Tn this which was offered aa a de finitive anfwer to our propofitiuns, I have be- lieved that any reply before I had received t'le tur:her indruttians of the Prtfident would have been premscure. •' Mr. Lawrence arrived at L'Orient on the 9ih, and Mr. Hafwell at Paris with your delpatch of the lath Augull i.ift, on the ijtl inft, I inimediatel/ commnnicateJ to Couir, Chanipigny the Prefident's prnrlamation in terdidtm^', anew, all rommereiiil iii'ercourl'.- betwren the United '^itln and Gre^t Htitai;i, ■ nd gave fuch ottier rxiiiinativ>!ia at the ca(\ Appeared to require." Extract rf a If-irr f „..-^ Cimt Champa^n; to Gen. Armstrong, djt^ AlttnOu g Au^ •» I b»»e I. « h>)DOi • to addrefs to j-ou ibs fubjoined note wbicb hit Majefty bit or^ereA mt to fend to you., and which I bavo announc* ei ID toy lafi defpatch. If France doea not do at this time all that the United States of America can deflre, your govcrnmeit will be able to fee that neither prejudice nor animo- fity influences its condu A ; that it is the effe A( of its attachment to principlca which the Americans more than any other people are intercRed in fupporting« and of the neceifity of repkifalswbicb circumlia. :et import. The Kmperor will conSder as an happy event that which (hall enable kirn to contribntc to the profperity of America, in leavicg to its com* merce all the liberty and all the exienCotf which can render it flourifliing." ■ i» Official note from Count Cbampagny to Gin* Armstrong, Aiten&urg, Aug 23t 1809. SIR. His Majefly the Enperor, apprifed that you are to fend a vefTel to America has or. dered me to make known to you the invaria- ble principles which bavr regulated and which will|regulate,hisxondu£lon the great qaellioa of neutrals. France admits the principlci that tbc fltg covers the merchandise. A merchant veffel, failing with all tbs nectiTary papsrs (avcc lea expeditions) from Its governmenti is a floating colony. To do violence to fuch a vcfsl by vifitst by fearchtt, and by other a£\8 of an arbitrary authority, iS to' violate the terriicry of a colony ) this ia TO infringe on the independence of a govern* ment. The feas do not belong to any nation^ i^ey are the tcmmon property «f mankind, prietors. They hive been free to difpofe of ■heir merchandize as they pleafed, and at thia moment a great nuoiber (contois) of waggoni loaded principtily with cotton, p^fs through the French atniics. thro' Auliria and Ger- many, 00 their \v ay to fuch placea as coai* merce b»s dirrdlrd. " If Ffnce had adopted the ufsget of mari* tiiTip wn all tlie oi'ichandt! on the continent of Eurore wculd have beeo arcumulsteil is FrsDCf, di d w. uld h&vr become a fource of iir.m?rifc w.-aldi. Such wouM .!3ve been, w'thout d ubt, the prct?i.fi?iis 'f the E-gt,:h ' tiicy h^d had on Und that fuperiority ^vh^cji t'ley have obtained ni raa- We fltould l> qu.ihad 4,0 Mi a» flivet ud tlieir Unit parcelled ent.— . Mercantile aviditjr would bare afurped every tbiDg : •■ the retara to burbaruna uTaget would hare been the work of the gOTsmmant of a nation tiiat bat inioroved the artt and cieilisatioo; Tbatgoveroment ia oot ignorant oftbe injoQicc of ita naritine code— 'bat ^hat {i«;Dififs to it wbst it juQ ? It only coo- lidera wbat ia ufaCol to itfelf. Sach are the principle* of the Emperor on the ufigta and. the rigUta of maritime war.— "When Prance fiiall bave acquired a marine proportionate to the extcL^f faer coaflt and her popnUtioRt the £mpcror will pat mpre androoro ia praAice thefc maximt, and «ii ufe hit endeavoura to render tb« adoption of tbein general. The rigbt or rather the pretenfion of block- ading by a Proclamation rivera and coalla is at monRrout (reToIc.'>**te) at it ii abford. A right caanot be ii^»ed froB the will or the of thii7tb of C^ceabcr, of the -fama jrear; the emperor baa deciarsd thofe «f tToJi, whofa lag (hall barn been violated, degraded, trod- drn aoder foot .and at po lor^er beloogiog ta there nationi diiiationalii'vir'' ' .0 Cireen itfelf from the aAa of vtolcnca with wbicb tbit ftate of thioga threatened ita commerce, America laid an cmbaigo m her portt, and although France, who had dona nothing more than refort to reprifali, fiw bev ioteretta and the iocerent of her colooiea wonnded by tbia meafare, nevertbeW^ tba itmperor applatfdfed thisgeotrom dtt I vantage of which thofe of Francr m^y br dew prlved, Tbey will both (let ont et let autrrt) be either open or (hut at the fametirae to tho commerce of which they may be the objed. i boa, Sir^ France acknowledgn in piincio pie the liberty f^i the commerce of neutr>ta ^ aad ihaiodjpeodenceof maritinia peweit.^* She hat re^Aed them until the nionieol" whaothemaiitime tyranny of £(igUnd:(which ' rcipe^ed nothing) and the arbitrary a^a of itt givarnaent have forc'dhcj- to racafurra of reprir»t, wbicb (he hai not adopted bat with reiuA'nce. Let England revoke her declarations oC bloilude, ugainlt France i- France will revoke' her jeccco of hlocikda againfl iingland. L-f England revoke her Order* in Cwiucil of tbe irth Novemher, 1807 { the decree of.MiUn will fallf of itfrif* Tbe Americas comnerca aiill then have ra. ' gained ail itt libtrty, and it will be fore of fiodisg favbor aodproteAiMIki' the po^a ol' Fraucei But it <» loi the United St*tft b^ their firisneft to bring on thcl'e happy refulte. Can a nation that wilhea to remain free and fovereign, even balance between fome tern* ^rary interelttt aod the great' interefl afita i nde|«cndt nca and tbe maiotrnaoce of itt honor "•>vereigntv, and of it* digniry, * to accept fir, the affurancc uf my high atton, gned) CHAIdPAGNY. 4A' % \ /^ .^-^ . - ». I » ■ ■ » lu n