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' '.' ; ' Ian v Y- k dols.'a year, j PUBLISHED (wEEKtY) BY WltLIAf BbYAf. Or 2,50 in advance; Vol. 14 RALEIGH, (n. c.) THURSDAY, DECEMBER 21, 1 809. No. 716 - . QSttl e ins' in1 PEA! DOCUMENTS, ' . HrHIcnfiCCOXfJKIBDTBB or THE . UNITED STATES. Mr- Smih r Mr 'Jacksop. - Deliartmrnt vj S)utei Oct. 19, 1809. Vnh ttfiy ciisposition to.Vkw in ihe mol 'fa- " eluded by the recent negotiation wiH be-strictly ciilable abuses incident to soph vprable light whatever "may affect the relations," fulfilled on the part of his maiesty."vjs an evi- reiim cruisers, the timilatlnn if. 1- ..: '.4. '1 . .i:.:.:... vf ..i.ii ' it ' . ? ' ica, u n uiip jh5.ioje iu 1 um luuicuiiyii vi wnainis persuasion men was as ol tho8evital princiile8 of, sovereignty, 5 of those ministers for a 'to his instructions.. And with a view to shew what nation ought to have been exbecteil 1 a license to fo. would 'touch one to ', impair. between the two countries "mistake the' conversations discharge of such a debt' to the .good faith: and. his impressions have been even since the disavow- For where would bf the difference, in authorising A ..1 ' T . L 1-1 ..... . i I- ' . - . - ' o authorise. to be ecautions e prohibit- 'tficaioas, foP reasonable expectations of the United States. Be sides that theyv were mere conversations in a case requiring':' the pretisi m -and respecf of a formal conimunicai'nn, H is certaini, that it was neither I have had the honor of receiving your letter understood by Mr. Vnu', nor iniended by Mr. I ntliinst. iv-anning,-mat inose cqnversauons were so to ne fore E proceed to tne more material topics, t regaruea. ; ivir. ruiRncy is-expucu on mis jioini. li it embraces, it is pi-operthat I should takej And Mr. Canning' himself, after lech1inpr toi re- notice of vour construction, which has un- 'ily converted au -intimation of the expediency ..j.-Minrr in a wiiuen form our further disr L.e n thinsmciilar occasion, into a tnm w I . . Fohi()ition of all verbaTeminunicatinns. what- and into ar unprctcucmcu tnuuun mi ...1 .':.l,ic .t' a rii!.1ir minic fp. rcrtnir. pi-itniiai iiK"1" I".'"- formal protest and a resort to the commands ur -soveieign. - v , - . p . 7 recurrence IO mal iiu-iiianun vuuuui an iu isrussions of a case of unusual delicacy and riance, the misconceptions well known to be capitulate in writing what he had v rballv retnrk ed, .signified to Mr. Pinkney in a letter dated Alay 27th, that' hi observations on the subject would be more' properly made thrmfgh the successor of Mr.'Erskme, who wa?i about to proceed to the U. States. ; ' . '. ; '-;, - " With respect to.th'instructions oh this point) given to Mr. ErskirtfJ it might be sufficient to re mark that they1 were Pever carried into execution ; but it may be asked, whether it was a mark of that its sole object was to avoid, in the, tir-: friendly respect to the tJnited States to employ for such a purpose, a minister from whom- his eovernment had thought proper publichrto with- fcrtt to oral proceedings, and of which the ; draw its confidence, and to the peculiar delicacy Vnatic intilrcourse between the two. govern-1 and emoarrassmeni 01 wnose situauon you nave h hadiurnished so many and such secious ! yourselfreferred, as accounting for his not having k l-nav', ofwhich your letter itself is an ad t executed, the task imposed upon him". Ial illustration. 1 natacnange m tupiomauc 1 musi nerc reprui,. was augicu in my ,sions from an oral to a written form is not 'former letter, that the successor ol Illr. Eiskine ni nrecedent, 1 cannot reter to one which Us the proper lunctmnary tor a proper expianatiou. le more satisfactory to you than the intima-J Nor can I perceive the force tf youf remark, that eceiulv eiven by Mr. l.awnng, in the, case the tlelay incident to your arrival m tne u. ati-.tes proposal by Air. rinKncy on me suojeci 01 ramciu n muic twiaiMcni - niiii mc u unuj- otn- irders in council and the embargo, ;;t!tat the Uments of his majesty to preler the other channels lions'which had been uxviously vctml must lor coromuntcaung trie motives tor ins cisavowau (.forth take a written iorm. And v. ith this 10 your own reconsiaerauon 1 appeal, vntuier take the liberty of recalling your attention the course most const" rent to loose tncrsy sen subjoined extract tSec A & B) of letters timents was not;tlte obvious one of ttiiployii.t kiffl on that occasion. ' J the present, as on that occasion, the change any misconstruction ot tne f!c!a; by apprizing the verbal to written communiciiaons was re- American ijovernmcnt tnroun its nun. ..vr O! d after two conferences, and rtfc'en the sub-the cause ot it. lhe supposrawt, tl.at the May noeared to one of the parties to have, by incident to youp mission gave rise to the onvcr- t r . . ... .. . .r . r . : .1 t t .. n: .. 1 : . ...... verbal discussions, been orougnt 10 a point, sauon 01 mr. vanning- uu -wn. 1 iiicy, is, um required a precise wnderstanding of "the reconcileable to the correspondejce of the letter, irfwl propositions of the other. which contains no such indication. Un the eon will, sir, hence perceive, that in m .m- irary uaisuncuy snews uwi nc iippreci 01 the riehU which every' Kovernment has the intention toieplace Mr. Erskirie bjp a s.vicces the rules of intercourse foreign fun c- sor, whom he regarded as the proper clunntl f jr iesnear it, no encroachment nas oeen maue me explanatory cumniuuiLua-jiia, uui i; .umxi ended on any right or customary privilege stood Mr- Canning to be under tne same unpres ino-to vou in that character., nor any thing sion, and that he learned from yom self, not .more 10 impede the proper and usual "course of; than two days af.er hrs; conversations with Mr. ation. ' . 1 Canning, that you were to sail for the U. S. with have been sufficiently apprised, by my in three weeks. Although it may not have been your intention to have given to this subject a posture .which it hi the 9th, of the light in which. your pretty with this covernmcnt, and ol the grounds ich he has txpected a formal and satisfacto- Watihtion of tlie reasons for the refusal of ritannic Majesty to carry it into effect. He its m that expectation, ana in ine opinion, ;iere has been give.i no esplnaiion that ia fate, either as to tne mattery, or as 10 ine . 1 1 1 1 len one government nas jeen soiemniy d to another in a mutual engageiHent.by. its Iwltdged and competent agent and re- b fulfil the pledpe, tt is perfectly clear, that it. both to itself and to the other party, to pany its refusal with a foimal and frank dis- ol sufficient reasons tor a s'ep, which, lit such reasons, must deeply injure its own Iter, as well as the rights of the party con- in its good faith . : ' 0 refuse with honor (says a high authoriiy plic law) to ratify what has been concluded virtue of a full power, it is necessary that bvemment should have strong and solid rea- and that he, shew in particular that his er has violated his instructions.'' Iiough it is particularly incumbent on the So n m 6uch case to shew that his jnstrucuons een violated, yet it is not' a mere - violation ra on irni.ttrial points -that will be suffici- U is indispensably requisite, moreover, ie reasons be ttrong atid " suidy that rhey stly outweigh not only the general cbliga abide by what has been so done, but a.so appointment ar.d injury accruing to liie party. And it is worthy of notice that the Inder discussioti is of a higher .character, rpeals with greater solemnity to the honor MMice ol the relusmg party, than the case in vaui-1, inasmuch as the transaction, now cd, was 'hot a treaty orcoirvention , to ".be i by both parties, previous to an exectition ter. It had according to the terms of it uis peculiarity appear to have" been mn- fi'trd by vour govern niei it) bctn aciuaiiy hik! palely carried into execution on the part of fiited States. The refusal of His liritannic y is, jthereLie, not simply to ratify . whi t n ratified by the other party', but to carry ct on his part an arrangement which ban arried isto full effictwith good faith on the the United Slates.' Nay, the case is htnedhy the further peculiarity, that some circumstances attending the execution of rangemeiit on the part of the United States it unsusceptible ol a full equivalent foi1 the to execute it on the other side. ' as flot escaped observation, that-the' obli of your government to tender explanations occasion is admitted by your attempt to ai, iiimsi lUKc uiciiueuy 01 reiernngyou to the a loreign goven.mviit: to ekecute and annexes extract (.see v j ti-om Ins omcial letters mg jt to make laws for us 1 Nor ouchtit " y y. uic iui oi vugust. supposed that the sanctions and pi j iK tieciaiation that the despatch Irom Mr. of a law f the U.,S. in the cases of thi vanning to air. irsKitie ot the 23d January is the ed trade irrduestion. would urove m , g . , .... only dispatch by v-hich the conditions were pie- its purposes. scriDeU to air. lrskme l the conclusion of ani Had none cf these obstacles presented them arrangement on Miejjiatter to which it relates" is selves to the toirse cot responding ith the sen now for the firstlime made to this government timents and disposition's of the president, I should And I need hardly add, that if that dispatch ludihi.ve felt great pleasure in gftiiigou formal a, been communicated at the time of the arrange- Uui .. :ts of his readiness to execute the condU roent, or if it had been known that .'the proposi nte-al authority witlryvhich he is' invested, fot tions contained "m it and which were at Brat pre sented by Mr. Erskine were the only ones, on which he was authorized to make an arrangement, the .arrangement, .would not iMve been made., As yoo explanation willing to ascribe ile wj.nl of such authority to the-'consuleraiion that .o.lrcr channels hi.d been preferred, and as you'huvr everi considered the restoring, in iis full extent, as far as U may de pend on the United States, the commercial i;V tercour.se of the two countries, and that he would 1 moreover be disposed to extend the exnerim- nt hi.ve disclaimed any authority tooffcryof a friendly neijiciiuon 10 every point of diff-:r is for lhe dis-iv.Avdl, as you have been ence, and 'mutual interest between ihem. If. in-- deed, in the event of '-a' successful termination oF what relates to the case of the Chesapeake, it'b& thought that a removal of the difficulties arising: c pted, but e;en form in which it had be eh tendered, as w-n Tenting hib majesty in even re stricting iKfe offer of reparation, and that you hud elucidated the observation bv a reference to the oariir.ular 'expressions which, at all events, uut it the new organ, guarding at the -same time r.gntlust "hot a lly out cf his power to coiifirm any act "con taining them. ' - Whateve r may have been yo-.ir inlention'in this part I cut conversation, or whoever mj-y be tlit .... . .... - . 1 . circumstances under which the arrangement took'ffom the orders in council miurhtbe facilitc.l place 'fo -be such as coiild only had to a disavowal, icmiprehenuiijg tlieni in a general, nefjoci, lion, and ihenf.ie as superseding the necessity of any wnd the operation ofihe orders can in the'iuean explanation whatever, it rs to he ; eg relied, lhatj time, be -susponded, the door might be considered! you hud not deemed it .:ptr to render precise'; as immediately o;)cn to that course, prctc-ediliif, ; uid etplidt, that part of your let.er which seems To Mich a u-pension v.o. reusou .Ue objection to invilv .that, you had in ur convers vions in can be made", if, as you have stan d, the orders iu relation to thc-'ailair offlw Chesapeake foll.Aying'-couiicil a-i now modified leave the trade of the the words of your instruptioils, held out' nut only j U. .S. nearly as great as it' wouid be without lhe the manner in w h'.ch the rliaiati.)n had been ac-existence cf siich.oidcrs, so long as Knwice- and lie otlu r j.oivris s.'imII coiHiuuc their deciet s, and inasmuch us a ('.ccontiHuance of their dcciees 'by those 4) )Wers confessedly requites an immediate and, entire revocation of the orders in council- Tj:..t a suspe.iioii of the orders with a view to their beiiig brought into a general negocialion is more reasonable than a temporary submission' to t heii atulioiity, by tiie United -htat'es, with that ivim m. u v vj v vi iviicvilUlI LIlilL Silt M " " v iniorti)f the pipsage to wh'xh I have just alludetlrf-stti'itnissionSvouhl necessarily inro've a relinquish I have now the honor of sigmlyihg 10 ou, th.it 1 j ir.cnt of the pi inciple which they haie sti tdfaxth xm authorised to receive 111 a proper lorni wiut-rasseitedv whcicas a discontinuance evr.r explicit explanations you may chuse to make, ' in rt.uncil in the with respect to the grounds of this part of the disavowal ; and without enquiring whether your .ulhority be derived from instructions that have ;een addressed to youi-self, or that have devolved on vu ab the successor of the minister who had tcliiidtd to exirute them. -s you hnvp. at the same time, been please tly of the orders present actual state ol thiiiirs vvoul! not be incompatible with the principle oa which they were originally foimdtd. Hits principle wat, as you well know, the ne would not have naturally assumed, yet such h been the tendency of some of your remarks, v.r.u particularly of the conclusion you have drawn from the two circumstances, l .r 1 hat no tice of torn plaint from this government against the disavow al appears in the records of the British mission, or was distinctly announced by me in our confer ences, and 2d. that from thu.oflicjal: correspond ence of Mr. Erskine with' his government,"" it ap pears, that alihouglffhe did not communicate in extenso his original instructions, he .submitted to me the three conditions therein specified and re ceived irty observations on each. If there disavowal cause this government could not have entered such complaint before the reasons for die disavow al had been explained, and especially-as the ex planations were justly r.nd confidently, expected through the new functionary. Arl asto the sup posed reserve on my part cm this subject iri our several conferences, I did imagine, that my re peated intimations to you of the necessity' of sa tisfactory explanations, as to the disavowal, were sufficient indicatioms of the dissatisfaction of this government with respect to the disavowal itseliy , The stress you have laid on what you have' been pleased to state as the substitution of the terms finally agreed on, for the terms fust proposed has excited no small degree of-surprize. Certain it is, that, your predecessor did present for my consideration the three conditions which now ap pear in the printed document--that he was dis posed to urge them more than Ahe nature of two of them (both palpably inadmissible ir.il one more thas merely inadmissible) 'could permit, arid that en - finding his first proposals unsuccessful, the more reasonable terms comprized in the arrange ment respecting the orders in count!! were- adopt ed."' And what, sir, is there in this to 'counte nance the concluiHpjx! -yen have drawn in favor of tne rign,eoi 111s uru ay-j i " m-oceedinVf- IsanVtffii'more common in public essity of retuliatiij, through -neutrals, injuries received thrcTuttb a violation cf their rights bv an- jther bchigei ei.t. In the actual slate of things, ' d n-! under lh'. actual mol ification of the nrdWin 1.0 say th?t hih B -it.-.tiiiic injebtv had uufiiomei' council prthtced by it, it is admitted by you, that . vu uvrtnew the offer of said.'ction which Mi. the orders have no practical . fleet in abridging the commtMveol neuti Js, and canf ccurse, have r.u retaiivtiiig i iTect on the' other belligerents. -Aithvuc,h u eju.noube allowed to be true that the 01 dcrs in council are no longer injur ous to the ci inm. rce of the United States, -It is ceitainiy rue thai they produce no degree-cf injury to the " lrskme was instructed to make it was ciso aistti .ial)y expected that yu would in ior !eiu- l ave stated with prtiismn- i.i what tbnt '. fTer tiil ft Ctd fro-ri the, rcp.iVa;iun i.o!eiiifiv emh:rcd b Mr.f!iki;ievanduccciled Lv the U. Stales, and that you v- -mid have s iogvii w v. hut the rcparat, on thus teii 'i ted itiffci'-ti hem his hi.iU'.iion,. nd when I had the hnm r to intimate that in order t'V avoid ti;c ii.i-.C'."iC':p'.ious, incident t ovfl proeeediT gs, it w;-.s thought expedient that our further discussions on the present occasion should be in the writleirfu'jii, there was no pail ot theubject to which that intimation applir! with more force than the case ofthj Chesapeake ; ii"ne on which it, was more tlcsira'ae to. .avoid- be no trace of complaint against th . t :.:i.conccf lions and to obtain a precise knowledge in the archives of the. mission, it is be wf th (icpcMtiuiis which you were au'-hnised to ni ke ; not .only because I did not really under stand; the' particulars of thej offer us distinctly as you iteiii to hvie sipposevd, but also because, on t!i4t pom', uiid dn that alone, fou had express ly tlated that you had propositions to make, and that you were authorised to carry them into im mediate txbeution. , f. ', On the scil'jei.t of the orders in council,"the president perceives with sentiments of deep re gret, that your instructions contemplate, neither an explanation of .the refusal of your government to luitil the arrangement of that branch of the eulstm differences, nor the- substitution of any o ther plan .of adjustment, nor any authority to conclude , ar.y agreement on that subject j but itr'-!y' it rtceive 'and'- discuss .proposals, that might be made to you on the part of the United S'ufes ; r.rid these, it appear.,- must include a stipulation on the part of the Uniied States to re linquish the trade with the enemies colonies, e vtn in branches nt hitherto interrupted by Bri tish oders for capture, anti-also a sanction 10 the enforcing of an act of congrcess ly the British navy. ; '( :r , - '- Were the way1 properly opened for formal pro positions from thisgoveinn:cni, a known deter mination on the part of hk Britannic majesty to ad- heie to such extraordinary pretensions, would pie- ncKOtiatiols than to 'Gegm with a- higher demand", elude the hope of success in- such advances, whe and, that failing, to descend to a lower ? 'l o hayc, if not two sets of instructtons, two, or" move than ther regard be had l the condi'.ions- themselves, ; or to the disposition they indicate in return for -losses, from his disavowal of the engagement of the Uuied States., tf Iliad resumed their commercial pursuits on the ' . As to the demand in relation to the colonial; faith of that act. trade, It has been the less apprehended, as it is ', Wjlhout'entering into a full viewJf the inado not in itself connected, nor has it ever been quacy of the order in that itsptcti' l'tAke' the li.' brought into connexion, citheruith the case of th. berty of pointing out the following instances in oiders in council," or with that of lhe Chesaneakei which it falls tisaentiallv &!,nrr rf its l-rl9rrl ;n. to your predecessor is aTjuestion essentially be-1 And it was reasonably to be presumed, . if the tention, " . iwcen him and his government. That he bad, idea ofsuch a condition had in the first instance : The order does not provide for the important" or at lerst,' that he believed he had suthcient au-1 proceeded , irom the erroneous behei that it was case of vessels returning with cargoes from arrangement, his formal not objectionable to the United States, that it ports of Holland. ;' - , . - two grades of propositions in the same set of in slructions, to begin with whm is the most desira hlc-and to end with what is" found to be admissible in case the more desirable should not be attaina ble. This must be obvious to every understand ing, and jt is confirmed by universal experience. V hat were ineieai ana enure uisiruc.ious given ui.emies 01 threat iJntiin, that can .countenance the itta'ialirijr plea alleged in support of them. What, permit u c to usk, ib ihe degree of miu ry actually accruing', to the enemies of Great Bri tain from her retaliating orders ? According to those ordt-rsl, as now modified, and more especi ally 'taking in'o view, along with them the prohi bitory law or this country in " 1 elation to France, the essential difference between their repeal and i!ieir existence consists- in this that in .the case of their iepeal, es pledged by the arrangement of April, the trade of ilu United Stale might be carried 0:1 directly wiilr the parts of Holland, whilst during their existence, as at xesent, it is to be eari ied ou through the contipucu and neigh boiing Pot 1ST lo you" own calculations, sir, I submit, "whether the inconsiderable effect of thi circuit 611 the- juices in Holland and in the coun-, tries supplied thrii)rh'1ier, can any longer sustain the plea'of mfiic'tg distress on an enemy, or pal liate .the injuries done to a friend, by a proceeding so comrciy to his senfim-nts of justice, and which. ' subject his regular commerce not only to inconve nient channels, but to al! the abuses whijch may V result, from the suspicions, real or pretended, o&T interested cruizers. You cannot but be sensible, that a perseverance under such circumstances in a system, which cannot longer be explained by its avgwtd obj-ct, .would force an eXpranalion by some object. not avowed. Vhat object might be considered as best explaining it is an inquiry into which l do not jeimit myself to enter, farther than to remark, that in relation to trie U. S. it must be an illegitimate object. . - It remains toUnuke a few observstror.s whica' are due to the just interests of the U. States and which are invited by yours, relating to the order . in council of May last. .. " ' You seem to consider that measure as compris ingwhe utmost precaution that was in the power , ;of ,his Britannic majebtyr to take, for preventing the thority to tonclude the -hat it has heen RiifF.rUmlv ilnue in w hat assurances, durimr our discussions, were such as would not have been persisted in after that error 2v The exemption from intemmtion of vmsp1 n conversation Lelween Mr. Cannint; and to leave no room tor doubt. 1 lis suDsequent letter naq been ascertained and acknowledged. . bound Irom the U. b. to Hollaed, was restnr 'kijey, and by the instructions gtven to 'of the 15th June renewing his assurance to me , Th Iher demand could still less have been hj that order to such , -aa should have deaitr V ( 'fikine to communicate '6 uch explanation. that the terms ot the agreement so nappuy coa. Jippr Besides the inevitable and uical- ( Ccnlimud m 4.A flast-) sJl
The Raleigh Minerva (Raleigh, N.C.)
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Dec. 21, 1809, edition 1
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