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fc dols.'a''yearyi Vol. 14 RAI docuMknts, V WfffJff ACCOM r'&VlZD TTltS' ' '-r MEHMQE qr tHi PRESIDENT : ! OF: "THE ' , UN1TKD STATES. X: I Mm fjrirtnu Tri Ufa finttfu. allusions jri your letter, noi at all comporting: With " 'be continued, or an, arrangement; hyi mutual "1 V -''Mr SiiiH oMb.( the professed disposition tovadjust in aft-amicable , ' consent substituted, in its room.' "" At ' - - Vffwtiikiit of Stafe, manner the differences unhapnihr subsisUnff be-r ; AVhen I informed you that the agreement con-. Sir In my lefter of the 19' ttveenf the two 'Countries. 1 But it . would be inv . cluckd therein April last, had been framed in devi- you that the declaration in ycui kroner" to conclude the observations ta AvMch I atioft 'from tfre'instructibn'eiven Fofsth? occnslori.' that ; the riesiiaLch tfohi M purpQselylimit myself, without adverting to ybur,: niyc re petition or language implying a nowieuge on Washington, 27th Oct. 1809, the part of this:govt:jrnment tjiiit the instructions I am empowered ttf offer to this Colriitry t unauthorised attapkmade, by orie of his ky's ships ot war uwin tbe;jriKate of , the y, BIR, . . ' . '!?"t. tK..'--rr ?V-.lof -yodr press6r'dd:tiof;auth6rhUf.thy arrange Mine by your -letter of the 1 9th tnst tha mcnt. formedby hiiril : A ' the explicit and pe l iistaDaing ine ireueui siaicmcnis mancoympiory, j asseverunon inai inis gyvcmmeni nau 1 our conlerences-of te terms f'satisTacU6n.,;nQi..soch 'a kpoviledge,::ai'id that with such a know- leage no .ucu arrangement woiua navtpeen en tered into, the Ivievv,. which you have again pre-' seniea oit me suoieci. manes iu my auiy to ap- L the Ciiesapeake, I. have, not had the goocf jsrizeyou, that such insinuations are inad mis -ible L to make mysejf, diijncUyJ'undersjdodyirihe 'interc6uric of a fort-igVi ninister with a I have the honor to inclose herewith ai paper; government thk understands what it. owes to it- f ); I have the honor.t6!De. feci I li. SMITH. jnoranda containing the conditions ';on the of which I am. ready to, proceed to draw up Uii t!ie liecessary oiriCial dQcumfiW9 in the projjosui in my ieii, one- i -q ijiajior in. , her form .upon wtiicli, w'ita'ay :50fter a- 2 have the honor to hp,,i v . : . j With great respect, ' ' 1 ' .:'" "' Sir, ' ''""''' ' Your most ol-edient humble' serV't, , F.'J. JCKSON. Won. Robert Smith,. Uc. tfc. ifc. -t v f.: ' !Vt5igned)'-.v, " 'W$ e Fresident's Proclamation of -Taty, 1807,1 piling it British ships of war lde entrance! !f a riht to claim, m a regular "wayb-y ap oil to i he American government, the dis of such f them (if any) as shll be prov- be eilhcf natural hprr. subjects of his majes- deserters from his maj-istv's Service. -majesty is willing to make' a provision for milies of such men as were slain on board litsapeake, in consequence of the unaulhop ;ack shall vtio shall have been either a natural born .:t of his majesty, br a deserter from his ty's service. . ; . Jjctson h uli, I it;te; to: letter ol thK U H, pianatiQii was inienaeqio appiy.to ootn parts, xrskinc ot tn vsd January, was me ori t) spatcn of that agreentc most scrupul enTcnf.--That nothing teqifirepy the, by which thi coivdilionafwere pr ilpus accuVacyi may be wautmg,jInowr lirskiivfe,f for the conclusion ofan prescribed t Mri' arrangtTiitfntori 1807,' as well as the two rervts specified in the' cated at the liiiie of the arrangement, or if i h.;d paper,'of mcmornada enclosed in ay official letter btie-n known that the prepositions contained iV it. to-youof the 27th ultimo!' . '- 5, were -the only ones on tvhich he was aoonsetfiri iThere isanother lnotive for the disavowal of niake an arrangement, the arrangement' v. ocld: this part of the atrangepent considered to be so not have been inuile. ." J ; ' strong and so self evident Jipon the; very face 'of In my letter of the 1st instant, adverting to Vh e the transaction, tiiat'I am "not commanded to do, repetition in yOuc IcUeriofthe 23d tilt- pt a 'lrjfi'' more'thanmdidiRe i in the maimer ,haveal- guae Implying a knowledge in this governrret)t ready uhme. By this forbearance' his .majesty that the instructions ot j pur predecessor p id ncl Mr. SMtra to, Ms. Jacksos. Deiartmrnt of Stafe, Aw". 1j 1809. Your letter of the 23d ult." which was du eived,-would have beh sooner acknowled' ad 1 not by sickoess bee.n rendered for se ve- iys utterly unfit for business. ' houijh the delay and t'ie. apparent reluctance uying ithe grounds "otftnc disavowal ot the j . ' , rfcnl With vnt lntUhi.UriniBri!: ut 'l""1" Mavc 1 x.iZ.zJ. :.. ui r. Mhe two countries mderttaruimvii or imfi'JeA enni'fe r:. tt. i'11 uie manner Pit eake, in consequence of the unaulhop- , .... 7. f,i .-'9th ultimo, so I.i jupon that tng-ite. provided that such . n.i . i .i . .i: r c . 'to cnl:r upon the il not be extended to the lamuy of anV r r . i. ii u i. . . ..u ...., from you under ua "' jjMRAcRsotf fQ Ala-: Sutra. ' .' 0 " ' "' Washlrtpbhy 4ih VVbv -1S09. St it, vl. . ; :'' When I-forwarded to my court your letter or the 19th ultimo, and the answer Which 1 re turaed to it, I imagined, and 1 inay add, I hoped, that the Veiiosper.uve coi i:sp.n!iacej into whiciv you thought -U JiMCtssary- to intyT-' with me had been closed, You will,rio dou!t recollect With he harbors of the U. Graves having been an-i .-" -h" ur ;v,.-mu,, , i,;fmi;,l.;.,ui!;n,n,;IJ,u ion this, head; not, as I believe hisjben seen. I-was and still am of oj'iion, ilvat this . "siort of correspondtncV iSiiiot caltuiicd to ituiv'e dif ferences and soothe inilauoti-j of the mos tin fprttiiiate tendeucy. As. however,' I had no choice but to renounce,, for the present, 'the hope of ef ftctualing this desirable 0'bjcct, or to i-uisue it, in the mariner prescribed in your ltttt r of the rn UcT'.v 'uiiuiliiiigly conip'rlled C0Midelutic!u tw another letter yoy under dale of lae Lot .v.stant, winch bui too strongly confirms ihe opinion" I before enter taincd. ' ':.; Hihce, sir, it has been judged expedient to con fine to a written form Uih important and inter' esting discussion j since that mode has been tie clared by you to be indispensable,'' I .will first ap peal to the written' communications which have passed between'us j and JUdo this with the grla esatisfaction, because I consider it to be th. chief cause cf ihe present rcmaikable state of things, tint in speaking ol eii.jjgeriienis contract or supposed to have neen contracted between d mmt Mftomine: the occasion : vet as the . " ""'w I ' J' w """"" i.uui(.ii .-, nun nave ueen toni.ac.ca, i; aunic n. stanresi s having ihe same validity. ' It is fni' ihermor laces- ary to l:i( e iii the iho.it unequivo cal light a tpic, which 1 observe to !e constant ly and prominently te-st.ited in your letters, not witlistahding.llie repead but . s it sh nild seem, fruitless endeavors used in mine, td clear it fi'Om the slightest shadow of obscurity. , You say, " that it is understood that his Bri tannic majesty perseveres in requiring as indis- pensible conditions on the par: of the-U. -States, an entire relinquishment of ihc right to trade 4 wjth the crteniies colonies,, and.also'a permjs- sion to the- iruish navv to aid in executing a law conceives that he is giving ah additional nlcdire-uf autluu ize the- arranectmeiit : formed by him, an in his sincere disposition" to maintain a good Under, tinuiion was ' distiiictlygrfcncto'' ytwr thar.r.gi standing with Ihe, U Stales. : , ".. !' the1 explicit atKl iempi(y asserveration thathis 'I am somewhat at a loss to ji vie a distinct re- government hs;d hot any sigch knowledge, and ill at ply,to l,hat part of your leter wfiich." relates to Mr.:' with such a knowledge stic at) arrangemerit would Krskiney authority to conclude with you fn virtue not have been made- no such insiniiatio'n coala of his gvnrrar letter Of credtncey because I do be admitted by this government. " . not.verV distinctly understand the tendency of it Fdiding that in yiutreply of the 4th instant, yob 1 never before heard it doubted that a full power have used, a language luclf catmotbe nnderte(4 was requisite to enable a minister to conclude a but as reiterating and even aggi avfalrig- tlieVanTC treaty,' or, that a nnre general letter of credence j;ross insii.uation, it only it mams in ovder to j.re was insufficient for that purpose. , ' ' elude onpouunllies which ;'rt 'hits abused, '.to in- If it were otherwise, and ?. government, were lot m '.you that no furi!er commvnicu'ion will e in all asestobe bound by the act, however unau received from you :.ud that a he htevsMty'tf thv3 thbrised. of an accredited minister, there voiild let'-rminjtioo 'will,' without eelay.be made known be no safely in the appointment of such a Minister, lo your government - In the mean lime a rendjr and ralifications would be useless.- No full novver uttttaion will -be Riven to any; commupfca'tu-ns was given .Jn the 'present case, bt cause it was U.Tecting the interest ofjhe-two. nation, throygU not a treaty j buie materials for forming a treaty any other channel ihkt may be substituted -that was in contemplation. . ' , I have' the h' nour to bt, See. . In his dispatch of the23d of, January, .Mr. Se- cretsry Canning distinctly says to Mr. Erskine -u Upon receiving thjtjuit you-on-the part of the' American government a distinct and official rto g hition.of the three abovementioned conditiotia. his majesty wilQose no lime in sendisig to V.c rica a luinistef iMly empowered to consign the in to a formal and regular treaty." This minister i ould, of course have been pro vided with a full power y but Mr. Erskine was to R.SM1TJI. p- . (Signed) TV J- -Jackson, ifc. ifc. if-:. ' ', Message from t He Prexid'cftCsf the United Stas transmuting Extracts jirlm tie torresjicndcnca pj fiir. Pinkncy. . ' f . 1 " To UtfJJouse of liepreteniuthei ' . iff the V m'ed Mul s. " Agreeably to the request Expressed in the re- ration has at length been thus made, it only ns, as io t'.ar part of thedisovowed arranee- to rejv t that such considerations should been alio .ved to outweigh' 'ihe olid ojecti p the disavowal ; it heme: understood' at the time that his Hritannic majesty' perseveres' puiringas indispensable conditions rn the 1 the 'niied States, and entire relinquishr" of the right toTfade with enemies colonies, i!so permission to the lliitish navy to aid in iting a. law of Congress ; pretensions, which Jt but render abortive all proposals whatever this subject, whether made by the UnittY i or by his Britannic Majesty -' hilst you have deemed it proper to fTer- an tination with respect to the disavowal of one oMlie arraneement. I must remind von that w . . , J is not' to be found in voirr letter anv like tication of the reasons for the disavowal, nor ularly is it hhewrrthat instructions were vio- i as to the other part, viz. '.he case, of the peakt ; the case in which in an especial ner an explanation was required and in which yvu protessecl to rfave authority to make to government any overture's.' . pr the first time it is now disclosed that the Pets, arranged with this government by. your tcessor, are held not to be within-4he autho' of a Minister Plenipotentiary,: and that not pg had a ' full power distinct from that au- h his transactions on those subjects micht of cSoneresi:"' Zf o , . . -w -This, same statement is contained in your letter of the ?th inst. antf represented as the sobsiice of what had fallen-front me in our previous con fei tnces. In my answer to that tetu-r I took the liberty; ofshevving that such lJ Si,pf3ilion was erroneous, and 1 have looked in vain to my letter of the 23d, to find in it any suggestion of a similar tenor. 1 believe therefore, that by reference ;to my two lehers you will , find, that the statement now agam brought forward is contained int neither of them, that it made no part of m jprevipus c n versations, with you, and that I have in no way given room to suppose, J.ha l ever made any such ota.ement at all. ' That before the orders in council can be re- e guided by his instructions, and had the agree- solution of the ISth inst. I lav before the Hous merit concluded here been conformable to them, extracts from the correspondence of the minister it would without doubt: have been ratified by his plenipotentiary of the United. States at London, majesty. I must beg our. very particular attcn- JAMES MADISON, tioii to the ciictimstance th"t his. nrajesvy's rdfifi-' December 16, 1809." cation ha?, been with'. eld, n'ol because the agree- . - mefitwiis concluded without a full power, but be- Brief account of an unofficial conversation between caase it was altogether .irre-Concilcable to jhein-l Mr. CAxnisq and Mr. PlxtSET, on the iSth of strutti.uis on which it was prcf'.ssedly founded.! January, IS09, continued on the 22jf of Hfesfme The question of the lull power was introduced by month. Trar stnitied by Mr. Pinkney to tiie yourself, to give, weight, by a Quotation l'roni a ; Secretary of State. r s !iighlg,re?pecled author, to your complaint of the . I dined at Mr. Canning's with the cori9.difilo- riisavofcd,-in answer to which I "observed that the manque, on the 18th January. Before dinner he quotation drd not apj ly, as Mr. Ivrskine had no ci.be up to me, and entering into conversation full power, .-Neferdid I imagine, or any where adverted to a re pott which he said had 6ieacfatct attempt, to ise..ihe riiht of disavowal : upon that him that the American ministers, (here and in circumst?nicej.-r'iil!ibitably his agreement would, France; were about to be recalled. I rt plied, that nevertheless, have been ratiik-d, had not the in I was riot aware that such a step had been it solv struclions, which in th'r case took the place of a ed upon. He then took the aside, and .bervedl full power, been-violated. . that, according to JiTs viej of the, late pi oceei v-TS f.am surprised at the transition by which it ap- of Congress, the resolutions of the House of Re pears l ) ycu that this part of the subject is con- preseniatives. iu committee of the whole, sppear nvcted with the authority empowering me to ne- ed to be calculated, if passed.in'to aliw, to. remove? got iate, with you. ?It will not, I dare say, have the impediments to ?.r?angejnent with the United escaped your recollection that it informed you at a States,, on the 3ubjtcts of the orders in council 'and very early period of our communications, that in the Chesapeake, by taking away the discrimina addition to the usual credential fetter, his majesty tiin between Great Btitain and Trance in the -x h-d been ple.ised to invest me with a fell power elusion of vessels of war from" American ports. under the grat seal of his (lihgdom, for the ex--He. added that it was another favorable di-cum-press purpose of cenckding a treaty or conven- stance that the npn-importation system which tion. f well rcmembeiw your testifying your sa- seemed Fo be in contemplation, was1 to be applied tisfaction at 'the prcumstahce ; and:- I have only equally to both parties, instead of affecting as now to add that l am ready, whenever it suits heretofore Great Britain alone. ? 5 your con vantence, ttt exchange my full' power a- I proposed to Mr. Canning, that I should call gainfat that wiih vtrhich you- shall be provided, for on him in the course of a day or two fr the pur the progress of negotiation. . , , . pose of a free communication upon what he had voiced," their object must be obtained in some Sht be disavowed by his Government." ThW other way, is un(uestioi. ably true ; but you may wire, so contrary to vfi-v antredtnt sun-1 be assured, sir, that there is no. wish whatever ..'. ' J -i i ' t? t . i . i a . t,. i. enicrtaineu in r.ngianu, mat ine uhumi uaj should be employed m executing a law of con gress. If the proposal that was made upon that subject, and made, as you now, know, because it was believed to be acceptable here, had been adopted, and had become a matter of compast be tweun the two countries, and thereby a parti Hot of the law of congress, init of the pMic law bind ing upon both parties, and which both. Would h'ive (had a common interest in seems; duly executed .... . . . . i ion and just" inference, gives a new asuect to Pusiness. If the authoritv of vour nredeces- flici not emhrar.i tfip. s.nh;rt in oiif-Ktirifi. so bind his government, it necessarilv foflowSi 'he only credentials vet Dresented i-by-roil ? the" same with those, prasented by him, give o authority to bind it, and that the exhioi- 61 a " lull nnWpr". for ttia niirr.nP. 'aorh as tloubtless are furnished with,, is become .an I am concerned, sir, to be obliged a second time suggested. To this he readily assented j atid it to appeal to thgse principles of public law" under was settled that I should see him on the Sunday the sanction and proleriion'of which I .was sent to .following f the 22d) at 12 o'clock, at hi" own hcufee. .was sent to .lollowing ( the 22d) at 12 o'clock, at hi" own hcu'$ this country. Where ithere is not freedom of In the interview of the 22d, Mr. Canning's im ' communication inthe vform substituted for the pressions appeared to be in all respects the same more useful intettourseH)etwetn ministers; and with those which he had mentioned oh the ISth;, one, at least, of the .epithets which you have fho't and, I said every thing which T thought consistent proper to apply to my last letter is such as ne- with candor and discretion to corfirm him in his cessaiily abridgsithat freedom. That any thing disposition to seek the re-establishmen of f gemd therein contained may be irrelavent to the sub- understanding with us, and especially 'to see in ject it is of codrse competent in you to endeavour the expected act of Congress (if it should jnss) to shew and as far as you succeed in so doing) in an' .opening for reconciliation. so far will my argument lose of its validitybut It was f some importance td turn their Mten as to the propriety of my allusions, you must al- tiori here,, without" loss of time, to the manner of low me to acknowledge only the decision of my any proceeding that might be in their coniempln own sovereign, whose commands I obey, and to tion. It seemed that the resolutions of the Hons whem alone I can consider tny self responsible, of Itepresentatives, if enacted inio a lay.-, might IBeyond'this it ufi'ices that I do not deviate from render it proper, if not indispensible, th?t the af the respect due to the government to which I am fair of the Chesapeake -should be settled at the accredited. . . . same time with the Jbusiness of the dn'cis ind You will find that in my correspondence with embargo, and this understood to be JUr. Can fou, I have carefully avoided drawing conclusions ning's opinion and -wi?h.' It follovvetl that the that did not necessarily fellow fiom the premises whole matter oughtjo be settled at Wuchingtoft, advanced by me, and least of all should I think atJ, as this wa9 boreover desirable cn vpriousc?- to take any share whatever in the' execution of , of uttering an .insinuation, 'where I was unable to t her" grounds, I. suggested that it vvotild tt well those laws . , j substantiate a fcct.-p-ITo facts, such as I have be- (in case a special mission did rot meet their ip- In regard to the colonial trade I need, only ob- cbmfe ftcqdainttd with them, I have scrupulously probation that the1 necessary powers should b-S. t serve,' that all or. nearly all the 'enemies colonies adttrtdt and in sodoing I must connnue,. when-senUto Mr. Erskine. - ; '. ': ' :" - j.arfe blockaded , by" " British squadrons, it cannot ever the good faith of his maje ptivBable preliminarv to further neeociaticfti'; had a speak more strictly, was -required in the j in that case the agency of the .British navy would not have had the invidious as;isct which is now attempted to be glyen tp.it At present there is no engagement between ihet wo counties, no laws of congress which bear a referei.ee to any uch en gagement,- and consequently . it cannot be wished instance by. ttfcview of the matter now dis- H by you. Nerociation without this prtlimi- would not only be a,departurk from the prin of equality which is-the essential basis.of it, ould moreover, be a disregard of the precaii- a ot the sell respect enjoined on the atten of the United States bv the circumstances h have hitherto taken place, c ' S need scarcely add, that in the Full power alltfd- Y as a oreliminarv'to hejciation. is not in- i.arfe blockaded .by. British: squadrons, it cannot ever the good faith of his majesty's goernment is In the course of the conversation ed to be included either the whole extent or (therefore be so much an object of solicitude, as called m question,' to vindicate its honor and dig- proposed several questions relative to our bsryro Part of your instructions fbf'the exercise of it.j you imagine, to obtain thef thnquishment ol the my in the manner; that appears to me best cal- posal i theprincipal were the two Wlpviptr : f,- l. in case they snouia wish either irioucn me ; for through Mr. Erskine, to meet u? vro!; ' sis of our late overture, in what v.-ay rrs the ef fectaal operation tf our Trmbarjo as t Ir I s.c oi course, as you have justly rcmarKeo, re ju ! vuuiujy.iu uiusc luiuuai. r u uw-uu-iuwi "i jjuipusc .- 4 subject to your own discretion. Jcor.trary you will find it stated mimj letter of the I have the honor to be, Ecc attain, sir, from making any particular aidV; 1 1th ul imo, to he a matte? of , indiffer nee; - F. J, JACKSON, 'trsiuns m several irrelevent and improper , whether the order in council (on this subject), . JU Hon. JR, Smith, ifc, Vci f ' -r-, ' '-';v:" . -v-v v: . " 1 ' ; : .v.- .r u : - -.:v " v.; '.". - : :. ' . ' .-. : '"- - " '.v--v : . - ? ' . . ' . '..;.!'- '.. '',,:. ;v :.-';' 'A'-' ' .'"'- ' ;'v -v r$ -"jU - ' ' '" ' '"':) ': -" ' "
The Raleigh Minerva (Raleigh, N.C.)
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Dec. 28, 1809, edition 1
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