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CORRESPONDENCE RELATING TO
AMERICA,
PRESENTED TO PARLIAMENT
In 1810.

LONDON:
Printed by A. Strahan, Printers-Street, lilt.

CONTENTS.'

Page
/CORRESPONDENCE between Mr. Secretary
^ Canning and the Hon. David Erfkine - I
'Further Correfpondence relative to America - 81

CORRESPONDENCE

»m»n»

Mr. Secretary CANNING

The Hon. D. ERSKINE.

OrJ/rtdfe be printed 5 th February 18 10.

B

LIST OF PAPERS.

numb. i. T^IS PATCH from Mr. Secretary Canning to the
¦LJ Honourable David Erfkine, dated Foreign Office,
23d January 1809.
a. Dispatch from Mr. Secretary Canning to the Ho
nourable David Erfkine, dated Foreign Office, 23d
January 1809.
3. Difpatch from Mr. Secretary Canning to the Honour
able David Erfkine, dated Foreign Office, 23d Jan
uary 1809.
4. Difpatch from Mr. Secretary Canning to the Honour
able David Erfkine, dated Foreign Office, 23d Jan
uary 1809.
5. Difpatch from Mr. Secretary Canning to the Honour
able David Erfkine, dated Foreign Office, 22d May
1809.
6. Difpatch from Mr. Secretary Canning to the Honour.
ble David Erfkine, dated Foreign Office, 23d May
1809.
7- Difpatch from Mr. Secretary Canning to the Honour
able David Erfkine, dated Foreign Office, 30th May
1809.
8. Difpatch from the Honourable David Erfkine to
Mr. Secretary Canning, dated Wafhington, 3d
December 1808.
9. Difpatch from the Honourable David Erfkine to Mr.
Secretary Canning, dated Wafhington, 4th Decem
ber 1808.
jo. Difpatch from the Honourable David Erfkine ta
Mr. Secretary Canning, dated Wafhington, 16th
March 1809  One Inclofure.
II. Difpatch from "the Honourable David Erfkine to
Mr. Secretary Canning, dated Wafhington, 18th
April 1809.*  Twolnclofures. Ba 12. Difpatch

( 4 )
12. Difpatch from the Honourable iDavid Erfkine to
Mr. Secretary Canning, dated Wafhington, 20th
April 1809,—: — Four Inclofures,
33. Difpatch from the Honourable David Erfkine to
Mr. Secretary Canning, dated Wafhington, 3d
Auguft 1809.  One Inclofure.
J4. Difpatch from the Honourable David Erfkine to Mr.
Secretary Canning, dated Wafhington, 7th Auguft
1809.
15. Difpatch from the Honourable David [Erfkine to
Mr. Secretary Canning, dated Wafhington, ioth
Auguft 1809.
1 5. Letter from the Honourable David Erfkine to th?
Honourable R. Smith, dated Wafhingtpn, 141^
Auguft 1809.

( s )
PAPERS.

No. i.
DISPATCH from Mr. Secretary Canning
to the Honourable David Erfkine, dated
Foreign Office, 23d January 1809.
Sir,
\7~OUR Difpatches from No. 46. to No. 49. both
. inciufive, have been received, and laid before
the King. 1
The moft ferious Attention of His Majefty*s Go*
Vernment has been directed to the important Matter
treated in thofe Difpatches ; and especially to thofe
Confidential Communications which you reprefent
yourfelf to have received from different Individuals
of Weight and Influence, in the American Govern
ment, refpefting the Political Relations of Great
Britain and the United States.
It muft be confeffed, that the Conciliatory Dif-
pofition which thefe Individuals defcribe to you as
exifting in the Part of the American Adminiftration,
does not appear either in the A&s of the Govern*
ment or in the Debates of Congrefs. But the Inti
mations which have been given to you of the Differ*
ence between the perfonal Sentiments of Mi1. Jeffer-
fon, and thofe of his probable Succeffor in the Pre*
fidency with refpeft to this Country, and the Hopes.
which you have been led to entertain, that the
beginning of the new Prefidency may be favourable
to a change of Policy in America if Opportunity
and Encouragement for fuch a Change' fhall be
B 3 afforded-

( 6 )
afforded by this Country ; have induced His Mav
jefty's Government to review and confider the moft
important Points of Difagreement between the Two
Governments ; and I have received His Majefty's
Command io fend you fuch Inftrudtions on thofe
Subjects, as muft, if the Government of the United
States be ferioufly difpofed to Accommodation, lead
to their immediate and fatisfaclcry Adjuftment.
The firft of thefe Points is the Affair ofthe Che-
fapeake. Nothing prevented an Amicable Conclufion of
this Difcuffion by Mr. Rofe except the Refufal of
the American Government to withdraw the Pro
clamations iffued on the 2d July 1 807, by which the
Ships of War of Great Britain were interdicted from
the Harbours of the United States, while thofe of
France continued to be allowed a free Refort to
them. The ConftruQion given by Mr. Maddifon to the
Refolution of the Committee, to whom the Confi
deration of the Foreign Relations of the United
States were referred at the Opening of the prefent
Seffion of Congrefs, undoubtedly goes a conflderable
Way to remove the Objection to which the Procla
mation was liable.
Of the Exclufion of the Ships of War of both
Belligerents from the Ports of a Neutral State,
neither Belligerent has a Right to complain. The
Partiality of that Regulation alone, gave to it a
Charafter of Hoftility.
If therefore the Ships of War of France mall in
Point of Fact have been excluded from the Ports of
tbe United States, and fuch Ships of that Defcrip-
tion as were in thofe Ports at the Time of palling
the Refolution fhall have been warned to depart,
.His Majefty would no longer infill upon the formal
1 Recal

C % )
Recai of the Proclamation as a Preliminary to the
Adjuftment ofthe Difference arifing from the Af
fair ofthe Chefapeake.
It is ftiil neceffary however that either, the Pro
clamation fhould be withdrawn, or its Operation
formally declared to be at an End ; but it will be
Sufficient if that Withdrawal or Declaration is re*
corded (according to the Arrangement which Mr.
Madifon profeffed himfelf ready to adopt) in tp.e
fame Inftrument, or at the fame Time, with the
Terms of Reparation, which His Majefty is now
willing tq offer.
The Terms of Reparation which Mr. Rofe was
authorized to propofe, were hi Spbftance,
ift, A formal Difavowal by His Majefty o£
the Act of Admiral Berkeley ;
2dly, The Reftoration ofthe Men forcibly taken
from on board the Chefapeake, referving to His
Majefty the Right of claiming in a regular Way
from the American Government, the Difcharge of
fuch of them as might prove upon Inveftigation. to
be either Natural-born Subje&s of His Majefty's, or
Deferters from His Majefty's Service ;
3dly, A pecuniary Provifion fuitable to their
refpective Situations in Life, for the Widows or
Orphans of fuch Men (not being Naturafborn
Subjects of His Majefty, nor Deferters from His Ma
jefty's Service) as may have been unfortunately
killed on board the Chefapeake.
In return for thefe Conceffions, His Majefty re
quired : — ift, A Difavowal on the Part of the Amer.
rican Government of the Detection by Commodore
Barron of Deferters from His Majefty's Service.
Of his Denial of his haying fuch Perfpns on board
of the Ship under his Command, and his Refufal to
deliver them upon demand j — ?dly, A ty$ P#£-
B 4 rostral

( * 5
rowal of the Outrages committed on the PerforrS
or Property of His Majefty's Subjects at Norfolk,
or elfewhere, in confequence of this Affair, an
Engagement was alfo to be required that the Ame
rican Government fhould not in future countenance
any of its Agents, Civil or Military, in encouraging
Defertion from His Majefty's Service.
This laft Point being according to the Statement
in your No. 47. to be provided for by a Special
Aft of Congrefs, it is not necefTary to obtain any
Specific Engagement or Declaration refpefting it j
and as it is above all Things defirable to Amplify
as much as poffible the Conclufion of an Arrange
ment which has been fo long pending ; as a Re
currence to the Details of the Affair of the Che
fapeake, of the Caufes which led to it, and oS the
Difcuffions immediately arifing out of it, might lead
to complicated and fruitlefs Controverfy, His Ma
jefty on his Part would be contented at prefent to
wave any Demand for retrofpeftive Difavowals on
the Part of the Government of the United States ;
that Government being, on the other Hand, con
tented to receive back the Men forcibly taken out
of the Chefapeake, as the fingle and fufficient Aft
of Reparation.
To which, however, His Majefty would ftill be
willing to add the Provifion for the Widows and
Orphans of the Men killed in the Aftion, but as an
Aft of His Majefty's fpontaneous Generofity.
This Arrangement I have every Reafon to believe,
•both from what Mr. Pinkney has Mated to me and
what Mr. Rofe reports of Mr. Madifon's unofficial
Converfations, would be fatisfaftory to the Ame
rican Government upon this Subjeft.
Whether this Arrangement fhall be fettled by a
formal Convention or .by the Exchange of Minifte- rial

( 9 )
rial Notes dated the fame Day, and reciprocally de
livered at the fame Time, is left to the Decifion of
yourfelf and of the American Minifter.
I have only to add (tho' I fee no Ground to ap
prehend that fuch a Demand is likely to be brought
forward) that you are fteadily and peremptorily to
refufe any Demand for any Mark of His Majefty's
Difpleafure to Admiral Berkeley, than that which
was in the firft Inftance mauifefted, by that Officer's
immediate Recal.
You are to open the Subject of Chefapeake fepa-
rately and diftinftly. The Manner in which the
Propofal for the Adjuftment of that Difference may
be received will be the beft Teft of the general Dif-
pofition of the American Government, and will
naturally indicate the Courfe to be purfued in refpeft
to the further Inftruftions which I fhall proceed to
communicate to you in another Difpatch.
I am, &c.
(Signed) George Canning

No. 2.
DISPATCH from Mr. Secretary Canning,
to the Honourable David Erfkine, ' dated
Foreign Office, 23d January 1809.
Sir,
TF there really exifts in thofe Individuals who are
-*- to have a leading Share in the New Adminiftra-
tion of the United States, that Difpofition to come to
a complete and cordial Underftanding with Great
Britain5 of which you have received from them fuch
pofitive

( i6 y
pofitive Affurances ; in meeting that Difpofition it
would be ufelefs and unprofitable to recur to a Re
capitulation ofthe Caufes froni whidh the Differences
between the Two Governments havearifen, or ofthe
Agreements already fo often repeated in Support of
that Syftem of Retaliation to which His Majefty has
unwillingly had Recourfe.
That Syftem His Majefty muft unqueftionably
continue to maintain, tmlefs the Objeft of it can be
other wife accomplifhed.
But after a Profeffion on the Part of fo many
leading Members of the Government of the United
States, of a fincere Defire to contribute to that Ob
jeft in a Manner which fhould render the Continu
ance of the Syftem adopted by the Britifh Govern
ment unneceffary, it is thought right that a fair Op
portunity fhould be afforded to the American Go
vernment to explain its Meaning, and togive Proof
of its Sincerity.
TheExtenfion ofthe Interdiction of the American
Harbour to the Ships of War of France as well as
of Great Britain, is, as ftated jn my other Difpatch,
an acceptable Symptom of Impartiality towards the
Belligerents. The Firft that has been publicly
manifefted by the American Government.
The like Extenfton of the Non-Irnportation Aft
of the other Belligerents is equally proper in this
"View. Thefe Meafures remove thofe Preliminary
Objeftions which muft otherwife have precluded
any ufeful or amicable Difcuffion.
In this State of Things it js poffible for Great
Britain to entertain Propositions which, while fuch
manifefted Partiality was fhewn to her Enemies,
were not confident either with her Dignity, or her
Interefts. From the Report of your Converfations with Mr*
Maddifon, Mr. Galatin and Mr. Smith, it appears, ift,

( II )
I ft,' That the American Government is prepared:
in the Event of His Majefty's confenting to with*
draw the Orders in Council of January and No
vember 1807, to withdraw contemporaneoufly on
its Part the Interdiction of its Harbours to Ships
of War, and all Noh-intercourfe and Non-importa
tion Afts, fo far as refpefts Great Britain, leaving
them in force with refpeft to France, and the
Powers which adopt or aft under her Decrees :
2dly, What is of the utmoft Importance, as pre
cluding a new Source of Mifunderftanding which
might arife after the Adjuftment of the other Quef-
tions, that America is willing to renounce, during
the prefent War, the Pretention of carrying on, in
Time of War, all Trade with the Enemies Colonies,
from which fhe was excluded during Peace :
3dly, Great Britain*, for the Purpofe of fecuring
the Operation of the Embargo, and of the bona fide
Intention of America, to prevent her Citizens from
trading with France, and the Powers adopting and
afting under the French Decrees, is to be confidered
as being at Liberty to capture all fuch American
Veffels, as maybe found attempting to trade with
the Ports of any of thofe Powers ; without which
Security for the Obfervance of the Embargo, the
raifing it nominally with refpeft to Great Britain
alone, would in faft raife it with refpeft to all the
World. On thefe Conditions His Majefty would confent
to withdraw the Orders in Council of January and
November 1807, fo far as refpefts America,
As the Firft and Second of thefe Conditions are
the Suggeftions of the Perfons in Authority in
America, to you, and as Mr. Pinckney has re-.
cently (but for the Firft Time) expreffed to me his
Opinion that there will be bo Indifpofition on the
* Part

( i« )
Part of his Government to the Enforcement by the
Naval Power of Great Britain, of the Regulations
of America wifhlrefpeft to France, and the Coun
tries to which thofe Regulations continue to apply,
but that his Government was itfelf aware that, with
out fuch Enforcement, thofe Regulations muft be
altogether nugatory, I flatter myfelf that there will
be no Difficulty in obtaining a diftinct and official
Recognition of thefe Conditions from the American
Government. For this Purpofe you are at Liberty to communi
cate this Difpatch in extenfox, to the American Se
cretary of State.
Upon receiving through you, on the Part of the
American Government, a diftinct and official Recog*
nition of theThree above mentioned Conditions, His.
Majefty will lofe no Time in fending to America a
Minifter fully empowered to confign them to a
formal and regular Treaty.
• As, however, it is poflible that the Delay which
muft intervene before the actual Conclufion of a
Treaty, may appear to the American Government to
deprive this Arrangement of Part o£ its Benefits, I
am to authorize you, if the American Government
fhould be defirous of afting upon the Agreement
before it is reduced to a regular Form, either by the
immediate repeal of the Embargo, and the other Afts
ih Queftion, or by engaging to repeal them on a
particular Day, to affure the American Government
of His Majefty's Readinefs to meet fuch a Difpo-
fition in the Manner beft calculated to give it im
mediate Effeft.
Upon the Receipt here of an Official Note, con
taining an Engagement for the Adoption, by the
American Government, of the Three Conditions
above fpecified, His Majefty will be prepared on the
Faith

( *3 )
Faith of fuch Engagement, either immediately, (if
the Repeal lhall have been immediate in America)
or on any Day Specified by the American Govern
ment for that Repeal, reciprocally to recal the Or
ders in Council, without waiting for the Conclu
sion of a Treaty.
And you are authorized in the Circumftances
herein defcribed, to take fuch reciprocal Engaged
ment on His Majefty's Behalf.
Jam, &c.
(Signed) Geo. Canning,

No. 3.
DISPATCH from Mr. Secretary Canning
to* the Honourable David Erfkine^ dated
Foreign Office, 23d January 1809.
Sir,
TN Addition to what I have Stated in my preceding
¦¦¦ Difpatch of this Date, I think it right to affure
you, that the Intention of fending a Minifter to
America, as therein announced, for the Purpofe of
concluding a Treaty with the United States, has not
arifen from any Doubt of your executing the Com-
miflion, if it had been entrufted to you, with Zeal,
and with Ability ; but it is prefumed, that after the
long Sufpenfion of friendly Intercourfe with the
United States, a Minifter fent for this Single and
fpeeial Purpofe, and fully apprized of all the Sen
timents on this Subject, of the Government by
which he is employed, would have a better Prof- pea

( H )
peft of removing any Difficulties which might occur,
than if the Negociation were to be conducted by
the Refident Minifter. I am, &c.
Gee. Canning,

No. 4-
PISPATCH from Mr. Secretary Canning
to the Honourable David Erfkine1 dated
Foreign Office, 23d January 1809,
Sir,
"l"N your Difpatch No. 47, among the other im-
¦*¦ portant Suggestions which you ftate yourfelf to
have received from Mr, Galater, is one, the Purport
of which is, that fuppofing all the exifting Differ
ences between the Two Countries to be done away;,
the Syftem of their Commercial Intercourfe might
be better regulated by the -Short .and fimple Agree
ment, eitherto admit fuch other Produftions on equal
and reciprocal Duties, or reciprocally to place each
on the Footing of the moft favoured Nation, than
by any more minute and complicated Provisions.
The Sentiments upon which this Suggeftion ap
pears to be founded are fo much in Unifon with
thofe entertained here, that I am to direft you, in
the Event of the Subjefts mentioned in my Dif
patches being put in a Train of Adjuftment, to en
deavour to obtain from the American Government
fome more precife and authentic Expofition of their
View upon this.Subjeft, to be tranfmitted here for
Consideration, if poffible, at the fame Time with
their

( *s )
their Anfwers upon the Subjefts of thofe other Dif
patches. It will not, however, be defirable that thofe An«
fwers fhould be delayed for this Purpofe.
But you are authorized to affure the American
Government of the Readinefs with which we fhall
be prepared to enter into the amicable Difcuffidn of
the Commercial Relations of the Two Countries, on
the Bafis ofthe latter ofthe Two Principles propofed
by Mr. Galater, whenever thefe Obftacles, which
flood in tbe Way of the Renewal of their Inter-.
courfe, fhall have been happily removed.
In this Cafe, as in refpect to the Subject of my
other Difpatdhes, you will fee that the Sincerity of
the good. Difpofition profefled by the Perfons com-
pofing the New Adminiftration, is the Point the
moft important in the View ofthe Britifh Govern
ment. If fuch a Difpofition really exifts, all Difficulties
yrll (as Mr. Galater has expreffed himfelf) be eafily
fmoothed away.
If unfortunately this Hope fhould be difappointed,
Great Britain has only to continue the Syftem o$
Self Defence and Retaliation upon her Enemies to
Which fhe hasbeen compelled'tO'have Recourfe, with
the Cohfcioufnefe of having eagerly feized the firft
Opportunity that appeared to be offered to her, of
obtaining, through an amicable Arrangement with
America, the Objeft for which that Syftem was
rftyblilhed. -
I am, &c.
("Signed) George Canning*

No. $

( io" )

No. 5.
DISPATCH from Mr. Secretary Canning
to the Honourable David Erfkine, dated
Foreign Office, 2 2d May 1809.
Sir,
XT' OUR Difpatches, Nos. 19 and 20, ofthe 19th
•* and 20th of April, have been received here
this Day, and laid before the King.
I have loft no Time in receiving His Majefty's
Commands to fignify to you His Majefty's Senti
ments, on the Manner in which you have executed
the Inftruftions conveyed to you in my Difpatches
by Mr. Oakley.
It is much to be regretted, that, in the Execution
of Inftruftions upon Points offo much Delicacy and
Importance, you fhould have thought your felf au
thorized to depart fo widely not only from their
Letter but from their Spirit.
With refpeft to the Inftruftions relating to the
Chefapeake, which from the Subjeft of my Dif
patch No. 1. I have to remark, firft, the Total
Omiffion by you, of a Preliminary of the moft
material Importance ; 2dly, A Departure from
the Terms of your Inftruftions in the Manner of
conducting the Negotiation ; and, 3dly, The Ad-
miffion by you, and, fo far as appears, without
Remonftrance or Obfervation, of a Note con
taining Exprffions offenfive to His Majefty's Dig
nity, fpch as no Minifter pf His Majefty ought to
have fubmitted to receive, and to tranfmit to His
Government. ift, It is diflinftly ftated by me, as the Condition
of His Majefty's " no longer infifting upon the Recal " of

( i7 )
" of the Proclamation of July 1807, as a Preli-
" miliary to the Adjuftment of the Difference
" arifing from the Affair ofthe Chefapeake," " that
" the Ships of War of France fhall, in Point of
" Faft, have been excluded from the Ports of the
" United States, and fuch Ships of that Defcription
" as were in thofe Ports, fhall have been warned
" to depart."
Of this Condition you appear to have taken no
Notice whatever. The Non-intercourfe Bill ope
rated only to the profpeftive Exclufion ; but as to
the Warning to be given to any Ships of War of
France, (if any fuch there were) in the Ports ofthe
United States, it no where appears that even a
Queftion was put by you on this Subjeft, much
lefs that you received any fatisfaftory'Affurance
upon it.
2dly, But if this preliminary Condition had been
fulfilled, Your Inftruftions proceeded to ftate, that
even then, " it would ftill be neceffary that either
4i the Proclamation fhould be withdrawn or its Ope-
" ration formally declared to be at an End,"
" though it would be fufficient that fuch With-
" drawal or Declaration fhould be recorded in the
" fame Inftrument, or at the fame Time with the
" Terms of Reparation."
So far from this indifpenfable Condition having
been obtained by you, Mr. Smith, in the Anfwer
returned by him to your Note, ftudioufly avoids any
Thing like a Recognition of the Principle on which
alone the Demand- of the formal Recal of the Pro
clamation was to be waved.; neither is the Procla
mation, itfelf withdrawn, nor its Operation declared
to be at an End.
The obvious Confequence of this Omiffion is,
that -if <tbe Non-inter courfe Aft, which is a tempo-
C rary

( 18 )
iary Aft, were to be fuffered to expire, the Pro
clamation might revive, and the Inequality between
the Two Belligerents be thereby reftored.
It was obvioufly your Duty, before you commit
ted His Majefty's Name by a written Offer of Repa
ration, to ascertain in what Manner that Offer would
be received, and anfwered ; and if you found that
the exprefs Condition either ofthe withdrawing the
Proclamation, or declaring its Operation to be at
an End, would not be complied with, to abftain
from proceeding one fingle Step in the Negociation
until you had referred Home for further Inftruc-
tions. That Part of your Inftruftions which direfted
that this Arrangement, if not made the Subjeft of
Confideration, fhould be fettled by the Exchange,
of Minifterial Notes dated on the fame Day, and
reciprocally delivered at the fame Time, was exprefs-
ly intended to guard againft the Pbffibility of your
committing yourfelf by a written Propofal, in the
Uncertainty of what might be the Nature of the
Anfwer to be returned to it.
His Majefty will not fuppofe it that Mr. Smith's
intended Anfwer can have been communicated to
you previoufly, and have obtained your Approba
tion. In the Propofal for reftoring the Men taken from
on board the Chefapeake, it was not. intended that
the Condition of His Majefty's Right to reclaim
them' in a regular Way from the American Govern
ment, if either Natural-born Subjefts of His Ma
jefty, or Deferters from His Majefty's Service,
fhould have been omitted. I dwell, however, the
lefs on this Point, as His Majefty's Right, in this
Refpect, is founded on Public Law, and does not
require to be fortified by the Recognition of any
«*her Government. But

. ( *9 )
. But I cannot forbear obferving~with- Regret that
the Bounty of His Majefty, in the intended Provi
sion for the Relations of the Men killed on board
of the Chefapeake, is not only ftated by you with
out a fimilar Reftriftion, but is brought forward at
once as a Part of the Reparation originally offered j
and thus converted by you from an Aft of Spon
taneous Generofity, into One of pofitive Obligation'.
3diy, In Addition to the Subftance . of Mr;
Smith's Note, which 1 have already mentioned, it
remains for me to notice the Expreffions fo full of
Difrefpeft to His Majefty, with which that Note
concludes. And I am to fignify to you the Dif-
pleafure which His Majefty feels, that any Minifter
of His Majefty fhould have fhewn himfelf fo far
infenfible of what is due to the Dignity of His Sove
reign, as to have confented to receive and tranfmit,
to be laid before His Majefty, a Note in which fuch
Expreffions were contained. I am, &c.
(Signed) George Canning.

No. 6.
DISPATCH from Mr. Secretary Canning
to the Honourable David Erfkine, dated
Foreign Office, 23d May 1809.
Sir,
T PROCEED in this Difpatch to point out to yoU
-*• thofe Deviations from the Inftruftions conveyed
to you in my Difpatch No. 2. which you have unfor
tunately thought yourfelf at Liberty to radopt, and
C a ' of

( 2° )
of which I have to exprefs to yoU His Majefty's in-
tire Difapprobation.
1 do not dwell upon the lingular and offenfive
Step taken by the American Government in publifh-
ing the Whole of the Correspondence which had
taken place between you and the American Secre
tary of State ; becaufe His Majefty is willing to be
lieve that you cannot have been a Party to this Pub
lication : His Majefty conceives it impoffible that
you fhould have given your Confent to fuch a Pro
ceeding, efpecially in refpeft to a Tranfaftion which
you profefs yourfelf to confider as merely " con
ditional." But as the Publication appears to have
taken place on the 19th of April, the Day of the
Date of your Difpatches, it feems difficult to un-
derftand how it happens that your Difpatches
fhould not contain any Notification of your Inten
tion to remonftrate againft a Proceeding fo extraor
dinary, as that of the Publication of the Corre-
fpondence of a Minifter without his Concurrence,
and previoufly to his Tranfmiffion of it to His Court.
I am, in the firft Place, to obferve to you that
the Inftructions which I tranfmitted to you, by His
Majefty's Command in my Difpatch No. 1. ex-
prefsly ftated that, " the Manner in which the Pro-
" poSal for the Adjuftment of that Difference, may
" be received, would be the beft Teft of the gene-
" ral Difpofition ofthe American Government, and
" would naturally indicate the Courfe to be purfued
1 ' in refpeft to the further Inftruftions,"which I pro
ceeded to communicate to you in another Difpatch :
And I am to exprefs His Majefty's Surprize and
Regret, that fuch a Note as that which you re
ceived from Mr. Smith, in anfwer to your Offer of
Reparation for the Affair of the Chefapeake, can
have been received by you as a Proof of the Accep tance

( »i )
tance by. the Government of the United States, of.
the honourable Reparation tendered by His Majefty,
" in the fame Spirit of Conciliation in which it
" was propofed." That Note itfelf being an Offence
againft His Majefty's Dignity, fuch as no Minifter
of His Majefty ought to have paffed by unrefented.
I am at a lofs to conceive on what Ground you.
thought yourfelf authorized to open your Corre- .
fpondence, on the Subject ofthe Orders in Council,
with the Intimation of His Majefty's Determination
to fend to the United States an Envoy Extraordi
nary " invefted with full Power- to conclude a
" Treaty on all the Points of the Relations between
" the two Countries."
Your Inftruftions do not authorize you to hold
out the Expectation of any fuch Million,' until His
Majefty fhould have received, on the Part of the
Government of the United States, an authentic
and official Recognition of the Condition which you
were direfted to require.
The Inftruftions which I was commanded by
His Majefty to tranfmit to you, on the Subjeft of
the Orders in Council, were framed on the Bafis
of Three Conditions : The Agreement to which, on
the Part of the American Government, was ;ftated
to be indifpenfable to His Majefty's confenting to
withdraw His Orders hi Council. The firft of thefe
Conditions was, that the Interdiction of the Har
bours of America to the Ships of War of Great
'Britain, and all Non-ihtereouffe ' or Non-importa
tion Afts fhould be withdrawn, fo far as refpefts
Great Britain, " leaving them in force with refpect
" to France, and the Powers which adopt or aft
*' under her Decrees."
The 2d, That America fhould announce during
the prefent War, the PretenSion of carrying on, in.
C 3 Time

( « )
Time of War, all Trade with the Enemies Colonies
from which fhe was excluded during Peace.
The 3d, That it. fhould be. underftood and agreed
between the Two Powers, that Great Britain fhould
be at Liberty to capture all American Veffels that
fhould be found attempting to trade with France, '
or any Powers which adopted or afted under her
Decrees. I was commanded to ftate to you, that upon
receiving, on the Part of the American Govern
ment, a diftinft and official Recognition of thefe
three Conditions, His Majefty would, lofe no Time
in fending a Minifter to America fully empowered
to confign them (thefe three Conditions) to a formal
and regular Treaty, His Majefty on his Part, with
drawing His Orders in Council of January and No,*
vember 1807, or, if the Delay were thought to be
inconvenient, you were authorized to engage for.
His Majefty, " that upon t,he Receipt hereof an'
" Official Note, containing an Engagement for the,
'•' Adoption by the American Government of thefe
" three Condiuons,''His Majefty would be prepared
on the Faith of fuch Engagement, to recal the Orders,
in Council, without waiting for the Con.clu,fion of a
Treaty. The Recal thereof, on his Majefty's Part, of
the Orders in Council, was to depend entirely and
exclufiyely on the Acceptance, by the American
Government, of the Three Conditions fo precifely,
defcribed, and ' fo repeatedly referred to.
In this Refpeft the Inftruftions were peremptory,
and admitted of no Difcretion.
The only Discretion, left to you was, in the Event
of the American Government, expreffing a Wifh to.
that Effeft, to anticipate the Operation of the
Treaty, by engaging in His Majefty's Name, that Jdis.

( n )
His Majefty would withdraw the Orders in Gouncil,
on the Receipt here of an Official Note containing
the formal Engagement of the American Govern
ment to adopt thefe Three Conditions.
Nothing can be more clear than that not one of
thefe Three Conditions has been adopted by the
American Government, nor any Engagement taken
for their Adoption.
The Second and Third Condition you appear
to have given up altogether.
No Mention whatever is made of them in your
written Communications to Mr. Smith, and in re
fpeft to them therefore you have afted in direct
Contradiftion to ycur Inftruftions.
But. even if the Firft. Condition, of which alone
you appear to have attempted to obtain the Fulfil
ment, the moft material Part has either been over
looked or conceded by you.
This Condition did not require folely the Repeal
of the offenfive Afts with refpeft to Great Britain,
but that Repeal coupledwith the Continuance of thofe
Afts in force with refpeft to " France and the Powers
" which adopt and aft under her Decrees."
Upon this Claufe, the moft important Part of
the Condition you do not appear to have infilled
in any Part, not only of your Correfpcndence but
of your verbal Communications with the American
Government. This Claufe, above all others, it was necefTary to
confign to a formal and written Agreement. As the
Mater at prefent ftands before the World in your
official Correfpondence with Mr. Smith, the Ame
rican Government would be at Liberty To-morrow
to repeal the Non-intercourfe Aft altogether, without
infringing the Agreement which you have thought
proper to enter into on Eehalf of His Majefty, and
C 4 if

( 24 )
if fuch a Claufe was thought necefTary to thi? Con*
dition at the Time when my Inftruftions were writ
ten, it was obvioufly become much more fo, when
the Non-intercourfe Aft was paffed for a limited
Time. , You muft alfo have been aware at the Time
of making the Agreement, that the American
Government had, in faft, formally exempted Hol
land, a Power which has unquestionably adopted
and afted under the Decrees of France, from the
Operation of the Non-intercourfe Act ; an Exemp
tion in direft Contravention of the Condition pre-
fciibed to you, and which, of itfelf, ought to have
prevented you from coming to any Agreement what
ever. '
Without therefore obtaining even One of thofe
Conditions, on the obtaining of all of which the
Conceffion of His Majefty was to depend, you have
pledged His Majefty to the full Extent of that Con
ceffion, and have placed His Majefty in the painful
Alternative of having either to refufe or to abide by
an Engagement taken in His Majefty's Name, by
an accredited Minifter of His Majefty, or to acqui-
efce in a Mgafure which has been adopted not
only in Non-conformity to His Majefty's 'Views, but
in Contradiction to His pofitive Directions.
I am, &c.
(Signed) Geo. Canning.

No. 7.

( 25 )

No. 7.
DISPATCH from Mr. -Secretary Canning
to the Honourable David Erfkine, dated
Foreign Office, 30th May 1809.
Sir,
J HEREWITH inclofe to you the Copies of art
¦*¦ Order which was paffed by the King in Coun
cil, on Wednefday the 24th Inftant ; and I have
to fignify to you, His Majefty's Pleafure that you
deliver one Copy of this Order to the. American
Secretary of State, and that you ufe your utmoft
Exertions to render it as public as may be poffible,
among the Merchants of the United States.
This Order in Council contains, as you will per
ceive, His Majefty's Difavowal oS the Agreement
which you haye concluded with the American
^Government. I am direfted by His Majefty, to ftate to you that
His Majefty entertains no Doubt of the good Inten
tions and Zeal for His Majefty's Service, by which
you have been led to depart from your Inftruftions;
but you muft be fenfible that the Confequence of
fuch a Step, and the Publicity which has been
given to it by the American Government, render
it impoffible that you fhould continue in the Ex-
ercife of your Functions, either with Satisfaction to
yourfelf, or with Advantage to His Majefty's Ser
vice. I have therefore received His Majefty's Command
to inform you, that His Majefty has been gracioufly
pleafed to appoint Mr. Jackfon to replace you, by
whop. I fhall tranfmit to you your Letter of Recal.
I am, &.c. (Signed) Geo. Canning.

( 26 )

No. 8.
DISPATCH from the Honourable David
Erfkine to Mr Secretary Canning, dated
Wafhington, 3d December 1808.
Sir,
^pHE Government and Congrefs have been quite
-"- at a Lofs how to aft in the prefent extraordi
nary and embarraffing Situation of their public Af
fairs, and they have not yet determined upon the
Meafures which they mean to purfue ; but I think
that I may venture to affure you that the Courfe of
Conduft recommended by the Committee ofthe
Houfe of Reprefentatives, to which was referred the
Documents mentioned in the President's Meffage
to Congrefs, will, in Subftance, at leaft, be adopted
for the prefent, with certain Amendments, fo as to
give fome Time previous to its going into Ope
ration. It is not however, denied by thofe even who
have introduced this Meafure, that it is only of a
temporary Nature, and that the United States may
be driven to adopt a more decided Courfe of Con
duft againft the Belligerents before the prefent
Congrefs clofes, or at any Rate foon after the Meet
ing of the new Legiflature, in confequence of the
Feelings and Sentiments of the Eaftern Divifion of x
the United States, which has almoft univerfally
expreffed a Difapprobation of the Continuance of
the Embargo, and has begun to ihew Symptoms of
Determination not to endure it much longer.
The Government and Party in Power unequi-,
vocally exprefs their Refolution not to remove the
Embargo, except by fubftituting War Meafures againft

( 27 )
againft both Belligerents, unlefs either or both
fhould relax their Reftriftions upon Neutral Com
merce. Upon this Subjeft fome important Communica
tions have been made to me by Mr. Madifon, and
feveral of the Members of this Government, which
I will accordingly lay before you, as I confidently
believe, they were delivered from an unfeigned
Defire that they might produce the Effect of leading
if poflible to fome Adjuftment of their Differences
with Great Britain, fo as to enable 'the Government
and the Nation to extricate themfelves from the
prefent very diftreffing Dilemma in which they are
involved. Mr. Madifon expreffed his firm Conviction that
when the Documents referred to in the Prefident's
Meffage fhould be feen by His Majefty's Government,
and the Correfpondences between their Minifter in
France with the French Minifter refpefting the De
crees of Berlin and Milan fhould be deliberately
confidered ; particularly the ftrong Remonftrance
of Mr. Armftrong to the French Government of
the 1 2th Nov. 180.7, tnat h would be acknowledged
that the United States had exerted all the Efforts
which Remonftrances could have been fuppofed to
be capable of producing, and that in Failure of any
Effeft from them, in perfuading the French Go
vernment to. withdraw their unjuft Reftriftions upon
Neutral Commerce, Recourfe might have been had
by the United States, to Meafures of more Aftivity
and Decifion againft Fiance; but that in the mean
Time Great Britain had iffued her Orders in Council,
before it was known whether the United States
would acquiefce. in the Aggreffions of France, and
. thereby rendered it impoffible to diftinguifh between
the Conduft of the Two Belligerents, who had
equally

( 28 )
equally committed Aggreffions againft the United
States. He went alfo into all the Arguments upon that
Subjeft which are detailed in his Correfpondences
with the American Minifters in London and Paris,
as publifhed in the Documents referred to in the
President's Meffage, but which I do not now repeat,
as my Object is merely to inform you of the Refult
of his Obfervations, which Was, that as the World
muft be convinced that America had in vain taken
all the Means in her Power to obtain from Great
Britain and France a juft Attention to her Rights
as a Neutral Power, by Reprefentations and Re-
monftrances, that fhe would be fully juftified in
having Recourfe to Hostilities with either Bel
ligerent, and that fhe only hefitated to do fo, from
the Difficulty of contending with both ; but that fhe
muft be driven even to endeavour to maintain her
Rights againft the Two greateft Powers in the
World, unlefs either of them fhould relax their Re
ftriftions upon Neutral Commerce, in which Cafe
the United States would at once fide with that
Power againft the other which might continue its
Aggreffions. Mr. Madifon obferved to me that it muft be
evident that the United States would enter upon
Meafures of Hoftility with great Reluftance, as he
acknowledged that they are not at all prepared for
War, much lefs with a Power fo irrefiftibly ftrong
as Great Brjtain, and that nothing would be thought
to be too great a Sacrifice to the Prefervation of
Peace, except their Independence and their Honor.
He faid that he did not believe that any Americans
would be found willing to fubmit to (what he termed)
the Encroachments upon the Liberty of the Rights
of the United States by the Belligerents, and there fore

( 29 )
fore the Alternatives were Embargo or War. He
confeffed that the People of this Country were be
ginning to think the former Alternative too paffive,
and would perhaps foon prefer the latter as even
lefs injurious to the Interefts and more congenial
with the Spirit of a Free People.
He declared to me that every Opinion which he
entertained refpefting the beft Interefts of his
Country led him to wifh that a good Underftand-
ing fhould take place between Great Britain and
the United States, and that he thought that the
obvious Advantages which would thereby refult to
both Countries were a-fufficient Pledge of the Sin
cerity of his Sentiments.
The Reafons which induce me to believe that the
Views and Determinations of this Government as
defcribed to me by Mr. Madifon, are their real Sen
timents, and that they will purfue that courfe of
Conduft which they have marked out, arife from
a mature Confideration of the aftual State of the
Affairs of this Country, the particular Situation of
the Government and ruling Party, and from certain
private but important Communications which have
been made to me by fome of the Members of the
Adminiftration, who are fincere'.y defirous of a Con
ciliation with Great Britain,
It is evident from every Thing which has lately
taken place in this Country, that the People at
large are defirous of having the Embargo removed,
"but it is alfo to be collefted from the Refult ofthe
"Eleftidns throughout the United States, that the
prefent ruling Party have a decided Majority of the
People with them, and as they have pledged them
felves not to repeal it, while' the. Reftriftions .upon
their Neutral Rights continue in Force by both Bel
ligerents, without fubftituting War Meafures, and as

-( 3° )
as they themfelves acknowledge " that the ultimate
" and only effeftual Mode of refuting fuch War-
" fare, if perfifted in, is War," and " that a perma-
" nent Sufpenfion of Commerce would not properly
*' be Refiftance, but Submiffion." I cannot there
fore conceive that it would be poffible for them to
retract their Declarations, and indeed, they would
not have the Power of continuing the Embargo
more than Six Months, and of courfe, therefore
they muft fubftitute War Meafures, when it fhould
be withdrawn, unlefs they were to abandon all the
Principles they have laid down, and to change all
the Refolutions which they have fo unequivocally
expreffed. lt is true that they might poffibly do fo, if they
found themfelves prefled by the Number arid
Strtngth of their Opponents, or by a Change in the
Opinions of their Majority amongft the People ; but
it is plain from the Decifion in the Houfe of Repre-
fentatives in Congrefs, upon the Refolutions propo-
fed by the Committee appointed to confider the Sub-
jeft of their Foreign Relations, which were carried
by a Majority of Eighty-four to Twenty-one, that
they have not loft any Ground in the prefent. Con
grefs,- and the Refult of the Eleftions for Members
of Congrefs, proves, that altho' they have loft fome
Votes in the Eaftern States, that they will haye a
great Majority out of the whole Number of the next
Congrefs. For thefe Reafons I conclude that the Govern
ment Party could carry along with them the Sup
port of the People in the Meafures which they
might refolve to take, and I have already explained,
why I believe they will adopt the Courfe of Con
duct which I have defcribed in the foregoing Part
of this Difpatch, arifing out of the State of the
Country

( 3i )
Country and their own particular Situation, and I
will therefore proceed to explain my private Rea-
fons for feeling confirmed in their Opinions, and will
have the Honour of laying before you Some impor
tant Communications which were made to me by
fome of the Members of this Government, unoffi
cially, but with a Defire that they might produce a
favourable Effeft towards a Conciliation with Great
Britain. I beg Leave to refer you to my next Num
ber in which they are detailed.
I have the Honour to be,
with the higheft Refpect, Sir,
Your moft obedient humble Servant,
D. M. Erjhine.

No.

9-

DISPATCH from the Honourable David
Erfkine to Mr. Secretary Canning, dated
Wafhington, 4th December 1808.
Sir,
IN the Courfe of feveral private Interviews which
I had with Mr. Gallatin the Secretary ofthe Trea
sury, and with Mr. Smith, Secretary of the Navy, I
have collefted from them that their Sentiments
coincide with thofe of Mr. Madifon, which I have
detailed at fome Length in the preceding -Number
of my Difpatches, refpefting the proper Courfe of
Conduft which ought to be purfued by the United
States, in their prefent Situation, although they had
differed as to the Propriety of laying on the Em
bargo,

( 32 )
bargo, as a Meafure of Defence, and had thought
that it would have been better to have reforted to
Meafures of a more decided Nature at firft, but that
now they had no other Means left, but to continue
it for a fliort Time longer;; and then in the Event of
no Change talcing place in the Conduft of the Bel
ligerents towards the United States, to endeavour
to affert their Rights againft both Powers; but that if
either fhould relax in their Aggreffions, they faid they
would vote for taking Part with that one againft the
other which fhould continue its Aggreffions.
Mr. Gallatin remarked to me, that the Refolutions
which were propofed by the Committee of Foreign
Relations in their Report to the Houfe of Repre-
fentatives, and which had already paffed in the
Committee of the whole Houfe, and would perhaps
foon pafs into a Law, feemed to him to remove two
very important Grounds of Difference with Great
Britain, viz. the Non-importation Aft, as applicable
to her alone, and the Prefident's Proclamation,
whereby the Ships of Great Britain were excluded
from the Ports of the United States, while thofe of
'France were permitted to enter, but now, by the
"Non-intercourfe Law both Powers were placed on
the fame Footing ; he did not pretend to fay that
this Meafure had been taken from any Motives of
Conceffion to Great Britain ; but as in faft thofe
i 'Confequences followed, he conceived they might be
; confidered as removing the Two. great Obftacles to
a Conciliation. This he wifhed might be the Cafe,
as he intimated to me that fuch Steps were about
to be taken by Congrefs upon another very im
portant Subjeft of the Differences between the Two
Countries, as might have a further Efteft, in leading
to a favourable Adjuftment of them. He informed
tne, that a Law waS about to be propofed to Con grefs

C 33 )
grefs, and which he believed would pafs, tointerdift
all American Veffels from receiving on board any
Foreign Seamen, under heavy Penalties or For
feitures, and that already the Ships of War of the
United States had been ordered not to receive any,
and to difcharge fuch as were at that Time on board.
This Subjeft is alfo alluded to by Mr. Giles, the
Senator, in his Speech, who is high in the Confi
dence of the Government, and it is faid, is to be Mr.
Madifon's Secretary of State. Mr. Gallatin alfo faid,
that he knew that it was intended by the United
States to abandon the Attempt to carry on a Trade
with the Colonies of Belligerents in Time of War
which was not allowed in Time of Peace, and to
truft to the being permitted by the French to carry-
on fuch Trade in Peace fo as to entitle them to a
Continuance of it in Time of War.
In this Manner he obferved all the Points of Dif
ferences between Great Britain and the United States
might be fmoothed away (was his Expreffion) and
that the United States would be willing to put the
Intercourfe with Great Britain upon a perfect Foot*.
ing of Reciprocity, and would either confent to. the
Arrangement that the Ships of both Nations fhould
pay the fame Duties reciprocally, or place each-
other fimply upon the Footing of the moft favoured-
Nation. • I have no Doubt that thefe Communications were
made with a fincere Defire that they might produce
the Effect of Conciliation, becaufe , it is well known
that Mr. Gallatin has long thought that the reftric-
tjve and jealous Syftem of Non-importation Laws,
Extra Duties, and otherModes of checking a free
Trade with Great Britain have been erroneous and
highly injurious to the Interefts of America ; he
informed me, distinctly, that he had always enter-
D tained

< 3+ )
tained that Opinion, and that he had uniformly en
deavoured to perfuade the Prefident to place the:
Conduft of Great Britain and France towards the
United States in a fair Light before the Public.
He feemed to check himfelf at the Moment he was
fpeaking upon that Subjeft, and I could not get
him to exprefs himfelf more diftinftly, but I could
clearly colleft from his Manner, and from fome
flight Infinuations, that he thought the Prefident
had acted with Partiality towards France. For
he turned the Converfation immediately upon the
Charafter of Mr. Madifon, and faid, that He could
not be accufed of having fuch a Bias towards
France : and remarked, that Mr. Madifon was
known to be an Admirer ofthe Britifh Conftitution^
to be generally well difpofed towards the Nation,.
and to be entirely free from any Enmity to its ge
neral Profperityi He appealed to me, whether I
had not obferved that he frequently fpoke with Ap
probation of its Inftifjutions, its Energy and Spirit,
and that he was thoroughly well verfed in its Hif»
tory, Literature and Arte.
Thefe Obferyations he made at that Time for the
Purpofe of contrafting. the Sentiments of Mr. Madi
fon with thofe of the Prefident, as he knew that I
muft have obferved, that Mr. Jefferfon never fpoke
with Approbation of any Thing that was Britifh,
and always took up French Topics in his Converfa
tion, and always praifed the People and Country
of France, and never loft an Opportunity of fhew-
ing his Diilike to Great Britain.
At the Clofe of my Interview with Mr. Gallatin,
he faid in a familiar Way, " You fee, Sir, we could
" fettle a Treaty in my Private Room in Two-
" Hours, which might, perhaps,, be found to be
" Ss lafting as if it was bound-, up in, all the For*
" malities

( i$ )
**~malities of a regular-Syftem, and might be found
** as reciprocally ufeful as a Treaty confifting of
" Twenty-four Articles, in which the intricate
" Points' of Intercourfe might be in vain attempted
" to be reconciled to the oppofite, and perhaps,
" jealous Views of Self-Intereft of the refpeftlve
" Countries."
I have taken the Liberty of detailing to you the
Subftance of this unofficial Converfation with Mr.
Gallatin, in order to explain to you the Grounds
upon which I have formed my Opinion that the
Members of the prefent Government who it is ex-
pefted will belong alfo to the next, would be defirous
of fettling the Differences ofthe United States with
Great Britain, to enable them to extricate the
Country and. themfelves from the Difficulties in which
they are involved ; for it is now, I believe, deter
mined that Mr. Gallatin will accept his prefent
Office under Mr. Madiron, which was at one Time
doubted. The Character of Mr. Gallatin muft be
well known to you, to be held in the greateft Ref
peft in this Country for his unrivalled Talents as
a Financier and as a Statem-ian. There cannot I
think be any reafor ntic Doubt entertained il\v-t he is
heartily oppofed to French Aggrandizement, and to
the Usurpations of Buonaparte. He was an Enthur
iiaft in Favour of the French Revolution, in the
early Periods of it, but has long Since abandoned
the favourable Op'niorts he had entertained refpeft
ing it, and has viewed the Progrefs of France towards
univerSal Dominion with Jealoufy and Regret.
How far the good Will of this Government and
Country towards Great Britain may be worth in the
Estimation of His Majefty's Government, the, Sa
crifice of the Orders in Council and of the Impref-
fion which they might be expefted to make on
Da France,

C; 36 )
France, it would be prefumptuous in me to venture,
to calculate, but I am thoroughly perfuaded that at
Tti at Price it might be obtained.
I have endeavoured, by the moft Strict and dili
gent Enquiries into the Views and Strengthfof the
Federal Party, to afcertain to what Extent they
would be willing and able to refift the Meafures
of the Party in Power, and how far they could
carry the Opinions of this Country along with them
in their Attempts to remove the Embargo, without
recuring to Hoftilities againft both Great Britain
and France.
Upon a mature Confideration of this Subjeft I
am perfuaded that great as the Defire is which
generally prevails for the Removal of the Embargo,
that the Federalifts would not venture to recom
mend that it fhould be' withdrawn, without propo
sing fome Meafures of greater Energy as aSubftitute.
Some have indeed hinted at the Propriety of at once
declaring War againft France ; but few, however,
of thofe who have been moft clamorous againft the
Embargo, have yet offered their^Opinions as to
what Courfe ought to be purfued, although all have
declared againft the Submiffion to the Reftriftions
upon their Neutral Rights.
When the fmall Number of thofe who have point
ed, out the Propriety of going to War with France,
alone, is confidered, even of the Federal Party,
I cannot believe that fuch a Meafuie would fucceed.
All the Leaders of the Democratic Party in Con
grefs and out of it, declare that they only propofe
the Continuance of the Embargo for a Short Time,
and that if the Voice of the People at large is for more
aCliveRefiftance, that they fhall be willing and
ready to put forth the Strength of the Country for
"that Purpofe. Thefe Declarations are to be found
- — in

( 37!-)
in the Speeches, fome printed Copies of which I
have fent herewith ; ypu will find, however, that
in fome of them a great Strefs is ftill laid upon the
Effefts to be expefted from the Embargo in coercing
the Belligerents, particularly. Great Britain, to relax
in her Reftriftions, from the Diftrefs and Incon
venience which is likely to be produced by the
Want of the Produce of this Country.
This Reliance upon fuch Confequences from the
Embargo is greatly, indeed almoft entirely dimi-
nifhed in the Opinions of moft People, and I con
ceive that the only Reafon why the ruling Party wifli
it to be continued, arifes from . a Hope that Time
might afford them an Opportunity of better judging
of the probable Iffue of Events in Europe, particu
larly of the Succefs or' Failure of Buonaparte in
Spain. It may be doubted whether the Privations and
Inconveniencies produced by the Embargo in this
Country, will not compel the Congrefs to take
fome hoftile Meafures, in order to have a Pretex: •
for its Removal of fo! trifling a Nature, however,
as to leave it to the Belligerents to overlook them,
if they pleafe, and tofave the ruling , Party from ¦
the Neceffity of going into War Meafures or great.
Expence'and Danger not, only to their own, Popu
larity and Power hut, perhaps, even to the Safety
of the. Union.. I propofe to have the Honour of-
offering fome Remarks upon this Subjeft m the next
Number of my Difpatches .. „,.:
: .j ,, With the higheft Refpeft,
I have the Honour to be,
..... . Sir, i
- Your moft obedient, humble Servant,
D. M.Erfitine.
D 3

( 3* )

No. io.
DISPATCH from the Honourable David
Erfkine to Mr- Secretary Canning, dated
Wafhington, 16th March. 1809.— Recei
ved 15th April.
Sir,
CJNCE the Arrival in the Delaware River on the
^ ioth Inftant of the American Difpatch Veffel
the Union from England and France, I have had an
Interview with the Prefident (Mr. Madifon) and the
Secretary of State (Mr Robert Smith) who exprefled
their Sentiments to me very freely relative to the
Intelligence which was brought by that Veffel.
The Prefident obferved, that the Alteration in
His Majefty's Orders in Council by the recent
Order which had been communicated by you to
Mr. Pinkney, fufpending '.' the Operation of theAfts
as to any Duties on Exportation granted by the faid
Afts as far as relates to Articles being tlpe Growth,
Produce, or ManuSafture of any Country being
in Amity with His Majefty," &c. &c. clid not in
fact remove the Objections entertained by the
United States againft the Orders in Council in an
Degree worthy of Notice. That they ftill violated
the Neutral Rights of this Country^ as they made
it necefTary for American Ships to pafs through
England, which was not only ' an Infringeipient of
the Independence of the United States, but was
completely deftruftive or their Commerce, fince
the American Veffels were prohibited from going
to the Continent after they had been forced to touch'
in England.
He

( 39 )
He remarked alfo upon the Circumftance of
Ruffia and Denmark being comprehended in the
Operation of the Orders in Council, which he faid
was affuming a New Principle, as the Orders had
been hitherto refted upon the Ground of a Right
of Retaliation, whereas Ruffia and Denmark have
never iffued any Decree violating Neutral Rights.
He complained feverely of this, and went over the
fame Arguments upon thefe Points which he had
made ufe of while he was Secretary of State, and
feemed to be greatly difappointed and vexed that
no Change in the Relations of the United States
VMth the Belligerents feemed likely to take place
before the Meeting of the. New Congrefs in May
next, as he forefees the Serious Difficulties and Em-
barraffments in. which the United States will be then
involved in determining upon the courfe of Conduft
which it will be expedient to purfue, as it is univer
sally thought that the Non-intercourfe Law cannot .
laft longer than the next Seffion of Congrefs, and
it will become necefTary at that Time either to aban
don all Idea of Refiftance, or to determine to adopt
Meafures of Hoftility againft both Belligerents,
which could not be carried in the laft Congrefs, and
therefore are ftill lefs likely to be adopted in the
New, which will confift of a larger Number of
Members averfe to fuch a defperate and unavailing
Courfe. TheSecretary of State (Mr. Robert Smith) repeated
the Sentiments which he had often expreffed to me,
when Secretary of the Navy, of Regret that His
Majefty's Government feemed not to believe that
the United States would refill the Decrees of France.
He thinks the Correfpondence between the Ame
rican Minifter at Paris (General Armftrong) arid
the French Government, prove the Determination
D 4 °f

( 40 )
of this Government, not to fubmit to them. He
declared to me alfo that he knows that War would
have been inftantly declared againft France, upon
Great Britain's relaxing her Orders, which he faid
were iffued before the United States had an Op
portunity of afcertaining the illegal Interpretation
which France meant to put upon her Decrees ; he
added, that he was convinced that even now, Mea
fures of aftual Hoftility would be adopted againft
France, without Hefitatioi*, fhould Great Britain,
relax in her Orders fo as to afford the United
States an Opportunity of doing fo with Honour; but
that it would be impoffible that they fhould fingle
out France as an Opponent, while Great Britain,
contrary, to her own Declarations, enforced her
Orders before any Acquiefcence on the Part of the
United States in the French Decrees had been
proved. He acknowledged that it might be difficult to bring
on a State of aftual Hoftility between this Country
and Great Britain upon the Grounds of any fubfifting
Differences, but that he was defirous that an amicable ,
Underftanding fhould prevail between the Two
Countries, which the prefent State of their Relations
would entirely prevent.
He added, that he was afraid the Irritations which
were likely to be produced by Captures under His
Majefty's Orders in Council might lead to ferious
Confequences, which he faid he fhould deprecate,
as he was unwilling to fee the United States thrown
into an Alliance which he thought already too
powerful for the Intereft of the World. Hedid not
pretend to entertain any Partiality towards England,
but confidered that the Intereft1 of the United States
was the fame at the prefent Pdoment with that of
Great Britain. Thefe

. ( ' 4i >- )
Thefe Sentiments, as expreffed to me by Mr. Ro
bert Smith are, I believe, very fincere. I have been
much acquainted with him, and cannot I think be
miftaken in the Opinion which I have formed of
his Difpofition and Feelings upon that Subject.
Both the Prefident and Secretary of State are I
underftand much offended at the Appointment
of Admiral Berkeley to a high Command pending
the ferious Complaint preferred againft him by the
United States, they have not meniioned the Subjeft
to me, as no authentic Account of the Fact has been
yet received ; but I expeft to hear Strong Repre
sentations upon the Subjeft, fhohld it prove to be
well founded.
As I have already had the Honour to convey
to you my Sentiments upon the Subjeft ofthe Non-
intercourfe Law^ in feveral preceding Numbers of
my Difpatches, as alfo upon the general Afpeft of
Affairs, in this Country, I will not trouble you with
any further Remarks, but beg Leave to refer you to
the enclofed Extraft from my No. 1 2 . which was
fent in His Majefty's Packet with the Mail of laft
Month, as it contains my Opinion upon thofe Topics,
which are unchanged.
This Difpatch, as alfo my Nos. 14. and 15. will
be carried to England in the American Difpatch
Veffel Pacific, which will fail from hence in a few
Days with a MefTenger, a Lieutenant Read : another
Veffel is going at the fame Time to France with a
MefTenger and Difpatches. Mr. Coles, the Private
Secretary ofthe late Prefident, is to be the Bearer of
them.

(Tnelofure

( 42 )
(Inclofure referred to in No. io.)
Wafhington, 15th March 1809.
A S the ruling Party perceive that it would not be
¦^ in their Power to carry the Eaftern States along
with them in a War with Great Britain, on the
Grounds of any fubfifting Differences betwe'en the
Two Countries, they hope that the frequent Cap
tures of the Veffels belonging to the Eaftern States,
which are likely to take place in confequence of His
Majefty's Orders in Council continuing in Operation
may excite an Irritation in the Minds of the People
of thofe States, and lead them to take a Part in the
next Congrefs in any Meafures which might be.
pointed againft Great Britain.
I continue to be firmly perfuaded that Mr. Ma
difon, who has now been pronounced to be the
next Prefident, would moft willingly feize the firft
Opportunity of recommending to the next Congrefs
to affert the Neutral Rights againft'France, fhould
His Majefty deem it to be juft or expedient to caufe
His Orders in Council to be withdrawn, in confe*
quence of a Determination being evinced by the
United States, not to fubmit to the Aggreffions of
France. And I conceive that it is not at all impro
bable that he might authorize Mr. Pinkney to make
a Communication to you to that Effeft, as he has
frequently in Converfation faid to me, that no He-
fitation would be felt in this Country, of entering
upon Hoftilities with France, if fhe did not recal her
Decrees, but he always added, that it was impof-
fible the United States could take fuch a Step while
His Majefty's Orders were in force, becaufe their-
Juftification could only be attempted upon the
Grounds that the United States, had acquiefced in
the

(43 )
the Deerees of France, which he uniformly contend*
has never been the Cafe.
It is evident to me that he will be fupported in this
Sentiment by his own Party in Congrefs, and in the
Country generally fo far as to prevent his feeling
himfelf compelled to fingle out France as an Ene
my, while His Majefty's Orders inCouncil continued
in force ; but I am perfeftly confident that it would
be impoffible that they could bringon aWarwith
England, unlefs it fhould be occasioned, as I have
before mentioned, by an Irritation produced in the
Minds of the People of the Eaftern States, by the
Loffes which might be fuftained by them in their
Ships and Commerce by Captures under His Ma
jefty's Orders.
The Weight and Influence of the Eaftern States
has been fufficient to force the ruling Party to
abandon their favourite Syftem of Embargo, and
that too without the g' painful Alternative" of Pre
fident Jefferfon of War being fubftituted ; but I
doubt extremely how far they could compel the
Congrefs and Prefident into a War with France,
unlefs the United States could be called upon to af-
fert its Neutral Rights by the temporary Removal of
His Majefty's Orders in Council te give them that
Opportunity. It appears by the Refult of the State of the Votes
for Prefident and Vice Prefident which was declared
in the Senate Yefter day, that Mr. Madifon had 122
Votes out of 175, and that all the Votes, except
Three in the Southern and Weftern States, were in
his Favour, befides Pennsylvania ; and that Two-
thirds of the Votes of the State of New York were
given to ,him. He had alfo all the Votes of Bermont,
but that was in confequence of the Votes being given
by the Legiflature of that State, which happened to
8 be

C- 44 )
be democratic ; befides having 9 out of the 12- Votes
'ofthe State of Maryland..
This vaft Majority would enable the Prefident
Elect and his Party to refill, the Solicitations of the
Four Eaftern States fhould they urge the next Con
grefs to fingle out France as an Enemy, becaufe the
fame Power which has proved incompetent to en
force an illegal, oppreffive and ruinous Law, would
ftill be fufficient to withstand a Requifition to wage
a War, which, however juft, would not be likely
to be attended with any Profit or Advantage.
It is true that a Non-intercourfe Law may be con
fidered by the Eaftern States very objeftionable,
but as it would be rather a nominal Prohibition than
a rigorous Enforcement, a Refiftance to it would.
be lefs likely to be made, and of lefs Importance if,
it fhould take place.
The ultimate Confequences of fuch Differences
and Jealoufies arifing between the Eaftern and
Southern States, would inevitably tend to a Diffolu-
tion of the Union which has been for fome Time
talked of, and has of late, as I have heard, been
ferioufly contemplated by many of the leading Peo
ple in the Eaftern Divifion.
I will not however trouble you with any Obfer-'
vations upon that important Topic at prefent, but'
confine myfelf to the Confequences of the Meafures
about to be adopted in Congrefs, affefting His Ma
jefty's Intereft. -
Whatever may be the Motives of the Con
grefs for the paffing a Non-intercourfe Law with
England and France, I conceive that great- Ad
vantages may be reaped from it by England, as fhe
has the Command of the Seas, and can procure
through. Neutrals any ofthe Produce of this Coun-'
try, befides the immenfe Quantity which will be -
brought

( 45 )
brought direft to Great Britain, under various Pre-
tences ; whereas France will obtain but little, at
a great Expence and Rifk, and will only get that
little .in xonfequence of the high Prices in their
Markets. .
This Meafure will operate in fo partial and dif-
couraging a Manner upon the Eaftern States which
are Commercial, that it would not be fubmitted to
very long," and its Effefts in preventing the Intro
duction of Britifh Manufactures would be trifling,
as they would be fmuggled into the Country with
the greateft Facility, Since the People who alone
could interfere with Effeft, would encourage fuch
a Traffic between His Majefty's Dominions in
Canada, and the adjacent Territories of the United
States, and in various other Ways.
Another Advantage arifing to Great Britain from
the Non-intercourfe Law would be, that the In
terdiction of Ships of War from entering the Ports
of the United States would be general, inftead of
being directed folely againft His Majefty's Ships.
The Non-importation Law would be alfo general,
and the Confequence would be, that His Majefty's
Subjefts would get a great Quantity of Goods into
the United States, but French Subjefts could not
introduce any.
Should His Majefty deem it proper to confider ,
the Non-intercourfe Law in the Light of a Municipal
Regulation, which the United States had a Right to
eftablifh, and not as a Meafure of Hoftility, I am
perfuaded that it would not be in the Power of any
Party in this Country, even if they wifhed it, to
bring on a War with Great Britain.
(Signed) D. M. Erjkinet

( 46 )

No. 1 1.
DISPATCH from the Honourable David
Erfkine, to Mr. Secretary Canning, dated
Wafhington, 1 8th April 1809.
Sir,
T HAD the Honour of receiving your Difpatches,
-"¦ Nos. 1, 2, 3, 4, & 5, of the 23d January, and
your feparate of the 2d February with its feveral-
Inclofures, which were delivered to me on the 7th, •
by Mr. Oakely,^His Majefty's Secretary of Legation,1
who arrived on the 3d Inftant ' in the Bay of Che-r
fapeake, in His Majefty's Ship Rofamond.
I loft no Time in endeavouring to carry into
Effeft the important Inftruftions contained in thofe
DHpatches, and accordingly waited upon the Secre
tary of State (Mr. Robert Smith) for the Purpofe
of afcertaining, officially, the general Difpofition
of this Government to enter into an amicable Dif-
cuffion ofthe Differences between the Two Countries,
as it appeared that the Spirit of your Inftruftions
feemed to require my particujar Attention to that
Point, as being likely to afford the beft Ground
for forming an Opinion of the Sincerity of thofe
conciliatory Profeffions which I had ftated to you,
I had received informally from feveral Members of
Weight and Influence in the late and prefent Ad
ministration of this Country. v
The Secretary of State (Mr. Smith) having re
peated to me the moft uriequivocaTAffurances of a
cordial Defire being entertained by the Prefident
and himfelf, for an Accommodation of all the Points
of Difpute between the United States and Great Bri
tain, I opened the Subjeft of your Difpatch, No. 1.
namely/

( 47 )
fiamely, the Reparation propofed to be tendered on
the Part of His Majefty, for the Attack on the Che
fapeake, upon which Mr. Smith obferved, that as a
Proof ofthe Sincerity of his Wifhes that the Affair
might be amicably fettled, he propofed to me,
previoufly to the Delivery of my Note upon that
Subjeft, that we fhould endeavour to agree upon
fome Terms, which would not only be accepted,,
but which might preclude the Neceffity of any un
friendly Difcuffions ofthe Caufes and Confequences
of that Occurrence.
As this Propofal appeared to confirm the Affuran-
ees he had given me of his Willi for an amicable Ac
commodation of that Affair, I willingly acceded to
it, and explained to him the Nature of the Repa
ration which was intended to be offered. With the
Terms of Satisfaction for that Injury, as far as
they went, he appeared to be fatisfied ; but ob
ferved, that he had fully expefted fome Affurance
would have been given, that an adequate Punifh-
rnent for (what he termed) a flagrant Aft of Aggref-
fion, fhould be inflifted upon the Naval Officer, by
¦whofe Directions it had been committed, or that at
kaft a Court Martial would have been ordered by
His Majefty upon his Conduft ; and he added, that
as the Prefident had dwelt with fo much Force upon
the Propriety and Neceffity of fome Redrefs of that
Sort, he was afraid that he would think it incumbent
upon him to require it.
In Obedience to your Commands, I peremptorily
declined holding put the leaft Expectation, that any
further Mark of His Majefty's * Difpleafure would
be fhewn towards Admiral Berkeley, on account of
the Part he took in that Trahfaftion.
After a Day's Confideration on that Point by the
Prefident, affifted by his Cabinet, it was communi-
. , cated

f 43 )
cated to me by Mr. Robert Smith, that any Demand
of further Panifhment would be waved.
I found in the courfe of feveral Interviews I had
with Mr. Smith,, that any Allufions, which might
be made by me to the Details of the Affairs of the
Chefapeake, of the Caufes which led to it, and
of the Difcuffions which followed, would be likely
to bring on a complicated and fruitlefs Controverfy.
I therefore founded my official Note upon the
Circumftance of the Equality which had been pro
duced by the Operation of the Non-intercourfe Art,
in the Relations of the United States with the Bel
ligerent Powers, as having afforded the Opportunity
to His Majefty to offer an honourable Reparation
for the Affair of the Chefapeake, which it is univer-
fally known was only withheld on account of the
Partiality of the Proclamation which has been fince
merged in the general Effeft, of the Non-intercourfe
Act. The Reply of Mr. Smith acknowledges the Ope
ration of the Non-intercourfe in producing that
Equality, and only intimates " that it was a Refuk
incident to a State of Things growing out of diftinft
Confiderations." I have the Honour of mclofing a Copy of my
Note marked (A.) to Mr. Smith of the. 17th In
ftant, and his Anfwer marked (B.) which terminated
our Ncgociation on this Subjeft.
I have the Honor to be, with
the higheft Refpeft, &c.
(Signed) D. M. Erjkhie.

(Firft

( 49 )
(Firft Inclofure referred to in No. it.)
NOTE from Mr. Erfkine to the Secre
tary of State of the United States ; dated
Wafhington, April 17th, 1809.
Sir,
T HAVE the Honour to inform you, that I have
A received His Majefty's Commands to reprefent
to the Government of the United States, that His
Majefty is animated by the moft Sincere Defire for
an Adjuftment of the Differences which have un
happily fo long prevailed between the two Countries,
the Recapitulation of which might have a Tendency.
to impede, if not to prevent, an amicable Under
standing. It having been reprefented to His Majefty's
Government, that the Congrefs of the United States
in their Proceedings at the opening of the laft Seftion,
had evinced an Intention of palling certain Laws
which would place the Relations of Great Britain
with the United States upon an equal Footing, in
all Refpefts, with the other Belligerent Powers, I
: have accordingly received His Majefty's Commands,
in the Event of fuch Laws taking place, to offer on
the Part of His Majefty an honourable Reparation
for the Aggreffion committed by a Britifh Naval
Officer in the Attack on the United States Frigate,
' Chefapeake. Confidering the Aft paffed by the Congrefs of
the United States, on the Firft of March (ufually
termed the Non-intercourfe Aft) as having produced
a State of Equality in the Relations of the two
Belligerent Powers, with refpeft to the United
States, I have to.fubmit, conformably to my In-
E ftruftions,

( 5<> )
ftructions, for the Confideration of the American
Government, fuch Terms of Satisfaction and Re
paration as His Majefty is induced to believe will be
accepted in the fame Spirit of Conciliation with
which they are propofed.
In Addition to the prompt Difavowal made by
His Majefty, on being apprifed ofthe unauthorized
Aft committed by His Naval Officer, whofe Recal,
as a Mark of the King's Difpleafure, from an highly
important and honourable Command, immediately
enfued, His Majefty is willing to reftore the Men
forcibly taken out of the Chefapeake, and, if ac
ceptable to the American Government, to make a
fuitable Provifion for the unfortunate Sufferers on
that Occafion. I have the Honour to be, &c.
(Signed) D. M. Erjkine.

(Second Inclofure referred to in No. ii.)
Note from the Secretary of State of the
United States to Mr. Erfkine, dated
Department of State, April 17th, 1809.
Sir,
T HAVE laid before the Prefident your Note, in
¦*¦ which you have, in the Name and by the Order
of His Britannic Majefty, declared that His Bri
tannic Majefty is defirous of making an honourable
Reparation for the Aggreffibri committed by a
Britifh Naval Officer in the Attack on the United
States Frigate the Chefapeake ; that in Addition to
His prompt Difavowal of the Aft, His Majefty, as
a Mark of his Difpleafure, did immediately recal
the offending Officer from an highly important and:
honourable Command ; and that He is willing to
reftore

c ii )
reftore the Menforcibly taken outef, the Chefapeake^
and, if acceptable toJS the American Government,
to make a fuitable Provifion for the unfortunate
Sufferers on that Occafion. ,
The Government of the United States, having
at all Times entertained a fincere Defire for an
Adjuftment of the Differences which have fo long
and fo unhappily fubfifted between the two Coun
tries, the Prefident cannot but receive with Plea-
fure, Affurances that His Britannic Majefty is ani
mated by the fame Difpofition, and that He is ready,
in Conformity to this Difpofition, to make Atone
ment for the Infult and Aggreffion. committed by
one of His Naval Officers, in the Attack on the
United States Frigate the Chefapeake.
As it appears at the fame Time, that in making
this Offer, His Britannic Majefty derives a Motive
from the Equality now exifting in the Relations
of the United States with the Two Belligerent
Powers, the Prefident owes it to the Occafion, and
to himfelf, to let it be underftood, that this Equality
is a Refult incident to a State of Things growing
out of diftinft Considerations.
With this Explanation, as requifiteas it isfrankj,
I am authorized to inform you, that the Prefident
accepts the Note delivered by you, in the Name
and by. the Order" of His Britannic, Majefty, and
wiUconfider the fame with theEngagements therein,
when fulfilled, as a Satisfaction for the Infult and
Injury of which he ha9 complained. — But 1 have it
in exprefs Charge from the Prefident to ftate, that,
while he forbears to infift on a further Punifhment
of the offending Officer, he is not the lefs fenfible
of the Juftice and Utility of fuch an Example, nor
the lefs perfuaded that it would beft comport with
what is due from His Britannic Majefty to his own
Honour. I have, &c. &c.
(•Signed) R< Smith.
Ea

( 5* )
No. is.
DISPATCH from the Honourable David
Erfkine to Mr. Secretary Canning, dated
Wafhington, April 20th, 1809.
Sir,
A S the Inftruftions contained in your Difpatches,
•^ Nos. 1 & 2. diieCtedme to regulate myConduft
in making Propofitions on the Part of His Majefty to
this Government according to the general Difpofition
which might be Shewn by them to come to a complete
and cordial Underftanding with Great Britain, I ac
cordingly ufed all my Efforts to difcover whether
the Profeffione of fuch a Difpofition which had been
fo often repeated to me unofficially, and lately in
the moft formal Manner, were fincere. The Refult
of further Communication perfuaded me, that the
Sentiments of thi$ Government had been truly re-
prefented to me ; and I was confirmed in that Opi
nion by the favourable Reception of the Reparation
tendered by His Majefty for the Affair of the Che
fapeake, the Details of which I have given in my
preceding Number.
With this Conviction upon my Mind I examined
with the greateft Attention the Tenor of your In
ftruftions contained in your Difpatch No. 1 . and
particularly the Three Conditions upon which His
Majefty was willing to withdraw the Orders in
Council of January and November 1807, as refpefts
the United States.
The Firft of them I confidered would be of courfe
officially recognized by the American Government,
fince the 1 ith Seftion of the Aft of Congrefs, ufually
termed the Non-Intercourfe Aft, provided for fuch a
contingent Propofition.
Th

( 53 )
The Second Condition named by you I knew
would be acquiefced in, not only from the Decla
rations which had been made to me by moft of the
Members of this Government, but from the univer-
fal Opinion ofthe Members of Weight and Influence
in both Houfes of Congrefs, that the Principles and
Objeft, fought to be eftablifhed by that Rule, were
equitable, and would ever be infifted upon by Great
Britain. I forefaw, however, that a Difficulty muft arife
in obtaining a formal Recognition on that Point
without any Reference to other Commercial Ar
rangements which would form the Bafis of a regular
Treaty. The Third Condition, it was obvious, could not
be objefted to, becaufe an American Owner of a
Veffel captured by a Britifh Cruizer, on Account
of its Deftination to France, or to any other Coun
try with which an Intercourfe was prohibited by the
Laws of the United States, could not complain to this
Government of fuch Seizure, as the only Anfwer
would be, that the Enterprize being illegal, he had
no Claim to Redrefs.
Upon my fubmitting the Three Conditions to the
Confideration of the Secretary of State, he made the
Anfwer to the Firft which I had anticipated, namely,
that the Prefident would of courfe affentto it, and
in purfuance of the Power vefted in him by the Con
grefs, would iffue a Proclamation for that Purpofe,
to take Effeft on the fame Day that the Orders in
Council fhould ceafe to co-operate as refpefts the
United States.
With regard to the Second, he faid that altho' he
was perfuaded that no Difficulty would arife in the
Adjustment of that Point conformably to the Views
of His Majefty's Government, when the various
E i ¦" Articles

( 54 )
Articles of a Commercial Treaty fhould be brought
under Difcuffion, yet it was impoffible for thq
American Government to give an official Recognition
of that Principle as a previous Step, becaufe there
was no Commerce of any Kind, at prefent, permitted
by the Laws of the United States, to be carried on
with France ' or her Dependencies ; and that' the
Queftion therefore mult neceffarily belong to
another State of Things, or remain to be adjufted
by Treaty.
The Third Condition Mr.Smith obferved appeared
to him to require no Recognition, fince it was evident
that the Interference of the Government of the
United States could never be recognized by any of
its Citizens for Redrefs for an Injury fuftained in
confequence of a direft Breach of the Laws, and
that in the Event of any filch Appeal being made,
the only Anfwer given would be, that the Govern
ment would immediately order the Bonds of the
Petitioner to be put into Execution againft ' him for
a Violation of the Laws.
He ftated, however, that' the Circumftance of
the Government of the United States ftipulating
that Great Britain fhould be allowed, to execute
their Laws would be degrading and attended with
no Advantages to the latter. *
' Under thefe Circumftances it became .rriy Duty to
confider whether the Spirit of your Iriftruftions
would be accomplished by my obtaining ah official,
Recognition on the Part -< of this Government of
the Firft Condition, and anUnder ftanding reflecting
the Two others in Conformity with the Views of His
Majefty's Government, tho' not given in a format
Manner (for Reafons before detailed) or whether it
was incumbent On me to forbear from making any,
Propofitiori, as I could not obtain a Compliance
with the exaft Letter of your Instructions, Various

( 55 )
Various Confiderations of great Weight urged
me to endeavour to bring about, an Adjuftment
of the Differences between the Two Countries,
upon the Points entrufted to my Difcretion, as far
as it was poffible, without departing from the Orders
I had received.
The ftrongeft Inducement was derived from the
Communications which I had lately received from
Mr. Smith, of the Diffatisfaftion of the French
Minifter here with the Non-intercourfe Aft, the
Particulars of which I have given in my No. 17,
alfo from the general Afpeft of the Relations of
this Country with Great Britain and France, as
detailed in my No. 17. and 18. arid in fome previous
Difpatches. TheCircumftance of the Congrefs being about to
affemble very fhortly, was another Reafon for wifhing
to have an amicable Arrangement concluded, fince
the Majority of both Houfes had pledged themfelves
to a Refiftance of the Reftriftions upon neutral
Gomriierce, if it could be pointed againft either of
the two great Belligerent Powers feparately, and
that it was only on account of the Impoffibility of
any fuccefsful Effort being made, that they were
prevented from ascertaining their Rights againft both
during the laft Seffion.
As this Government thought that any long Delay
in the Time for the Renewal of the Intercourfe
between Great Britain and the United States would
deprive fuch an Arrangement of many of its mutual
Advantages, and as fully agreed in that Opinion, a
Day certain (the.ioth of June next) was accordingly
fixed upon.
The Notes which paffed between the Secretary of
State and myfelf, and which I have?now the Honour
to enclofe (marked A, B, c> D,) will explain the
E 4 Courfe

( 5°" )
Courfe purfued in the Arrangement that was con
cluded. Should His Majefty's Government confider that
I have exceeded the Limits of my Inftruftions in the
Engagement I have made on His Majefty's Behalf, I
am aware that no Advantages which might be de
rived from it to Great Britain, could juftify my
Conduft. I therefore reft my Vindication upon the Rea-
fons detailed in the foregoing Part of this Difpatch,
for believing that I have adhered to the Spirit, and
as far as I could to the Letter of my Orders ; but
I place my chief Reliance on the well known Liber
ality of His Majefty in appreciating the Conduft of
his Servants.
I will only beg Leave to remark, that the Agree
ment has been concluded in the Perfuafion that an
amicable Underftanding would be fettled by the
Special Miffion, and with a View to promote fo defi-
rable an Objeft.
Should unexpected Difficulties occur in forming
a Treaty, or fhould His Majefty's Envoy Extraordi
nary find Reafon to doubt the Friendly Difpofition of
the United States, it will then reft with His Ma
jefty to take fuch Meafures as may be deemed pro
per, according to the aftual State of Things.
In the meantime no Injury can be derived, I con
ceive, from that conditional Agreement.
I have the Honour to be, &c.
(Signed) D. M. Erfiiine.

(Firifc

( 57 )
(Firft Inclofure referred to in No. i 2.)
NOTE from Mr. Erfkine to Mr. Smith,-
dated Wafhington, April 18 th 1809.
Sir,
T H AVE the Honour of informing you, that His
Majefty having been perfuaded that the honour
able Reparation which He had caufed to be tendered
for the unauthorized Attack on the American Fri
gate Chefapeake would be accepted by the Govern
ment ofthe United States in the fame Spirit of Con
ciliation with which it was propofed, has inftrufted
me to exprefs His Satisfaction, fhould fuch a happy
Termination of that Affair take place, not only as
having removed a painful Caufe of Difference,
but as affording a fair Profpeft of a complete and
cordial Underftanding being eftabliihed between the
Two Countries.
The favourable Change in the Relations of His
Majefty with the United States, which has been pro
duced by the Aft (ufually termed the Non-inter
courfe Aft) paffed in the laft Seffion of Congrefs,
was alfo anticipated by His Majefty, and has encou
raged a further Hope that a Reconfideration of the
exifting Differences might lead to their fatisfaftory
Adjuftment. On thefe Grounds and Expectations I am inftruc-
ted to communicate to the American Government
His Majefty's Determination of fending to the Uni
ted States an Envoy inverted with full Powers to con
clude a Treaty of all the Points of the Relations
between the Two Countries.
In the mean Time, with a View to contribute to
the Attainment of fo defirable an Object, His Ma
jefty would be willing to withdraw His Orders in
- Council

( 58 )
Council of January and November 1.807, fofaras
refpects the United States, in the Perfuafion that
the Prefident would iffue a Proclamation for the
Renewal of the Intercoufe with Great Britain;
and that whatever Difference of Opinion Should
arife in the Interpretation of the Terms of fuch an
Agreement, will be removed in the propofed Ne
gotiation. I have the Honour to be, &c.
(Signed) D. M. Erjkinet

(Second Inclofure referred to in No; 12.)
NOTE from Mr. Smith to Mr. Erfkine,
dated Department of State, 18th April
1809.
Sir, 7, ^ .
'TPHE Note, which I had the Honour of receiving
-*• from you this Day, I loft no Time in laying be
fore the Prefident, who, being fincerely defirous of
a fatisfaftory Adjuftment of the Differences un
happily exifting between Great Britain and the Uni
ted States, has authorized me to affure you, that
he will meet with a Difpofition correfpondent with
that of His Britannic Majefty, the Determination of
His Majefty to fend to the United States a Special,
Envoy, invefted with full Powers to conclude a
Treaty, on all the Points of the Relations between,
the Two Countries.
I am further authorized to affure you, that in cafe-
His Britannic Majefty fhould, in the mean Time,
withdraw His Orders in Council of January and No
vember 1807, fo far as refpefts the United States,.
J the

( 59 )
the Prefident will not fail to iffue a Proclamation, by
Virtue of the Authority and for thePiirpofes fpecified
in the Eleventh Seftion of the Statute commonly
called the Non-intercourfe Aft.
I have the Honour to be,
Sir, &c.
(Signed) R. Smith,

1

{Third Inclofure referred to in No. 12.)
NOTE from Mr. Erfkine to Mr. Smith,
dated Wafhington, April 19th, 1809.
Sir,
N confequence of the Acceptance by the Prefident,
as ftated in your Letter dated the 1 8 th Inftant,
of the Propofals made by me on the Part of His
Majefty, in my Letter of the fame Day, for the Re
newal of the Intercourfe between the refpeftive
Countries, I am authorized to declare that His Ma
jefty's Orders in Council of January and November
1807, will have been withdrawn, as refpefts the
United States, on the 1 oth Day of June next.
I have the Honour to be, &c.
(Signed) D. M. Erjkine.

(Fourth Inclofure referred to in No. 12.)
NOTE from Mr. Smith to Mr. Erfkine,
dated Department of State, April 19th,
1809.
Sir,
HAVING laid before the Prefident your Note of
this Day, containing an Affurance that His
Brifannic Majefty will, on the ioth of June next, have

( 60 )
have withdrawn His Orders in Council of January v
and November 1807, So far as refpefts the United
States, I have the Honour of informing you, that
the Prefident will accordingly and in purfuance of
the Eleventh Seftion of the Statute commonly called
the Non-intercourfe Aft, iffue a Proclamation, fo
that the Trade of the United States with Great
Britain may on the fame Day be renewed in the
Manner provided in the faid Seftion.
I have the Honour to be, &c.
(Signed) R. Smith.

No. 13.
DISPATCH from the Honourable David
Erfkine to Mr. Secretary Canning, dated
Wafhington, 3d Auguft 1809.
Sir,
T HAVE the Honour to acknowledge the Receipt
¦*¦ of your Difpatches, Nos. 10, 11, 12, ofthe 2 2d,
23d, and 30th of May, Original and Duplicates, the
former brought in His Majefty's Packet Windfor
Caftle, which arrived at New York on the 25th ult.
and the latter which were delivered to me Yefterday
by Lieutenant Gregory, commanding His Majefty's
Gun Brig, Conteft, which arrived in Hampton
Roads, inthe Bay of Chefapeake, on the 29th ult.
I loft noTime in complying with your Inftruftions
contained in your No. 13, to deliver a Copy of His
Majefty's Order in Council, of the 24th of May laft, x
to the Secretary of State of this Government, which
I accordingly fent to Mr. Robert Smith in a written Note,

( «I )
Note, of which the inclofed is a Gopy^ In Obe
dience to your Commands I alfo ufed all the Means
in my Power, to make the above mentioned Order
publickly known throughout the United States.
It is with the deepeft Regret that I find from
your Difpatches, Nos. ioand ii, ofthe22d and
23d May, that His Majefty has difapproved of the
Manner in which I have executed the Inftruftions
which you fent me, by Mr, Oakley, and has been
compelled to difavow the Provifional Agreement
which I had lately entered into with this Govern
ment, under the Perfuafion that it would have met
with His Majefty's Approbation.
The Duty and high Refpect which I owe to His
Majefty, would reftrain me from making any Reply
to the Animadverfions upon my Conduct, which.
you have conveyed to me by His Majefty's Com
mands, but I confider that it is incumbent upon
me to offer fome Obfervations upon certain Points
of my Negociation, which appear to have been mif-
underftood, in confequence I fuppofe of my having
given them an infufficient or imperfeft Explana
tion. It is ftated by you in your No. 10. of the
2 2d of May, that with refpeft to the Inftruftions
relating to theChefapeake, which formed the Subjeft
of your Difpatch No. 1. of the 23d January laft,
I had ommitted a Preliminary, of the moft material
Importance, as the Condition of " His Majefty's no
" longer infilling upon theRecal ofthe Proclamation
" of 1807, as a Preliminary to the Adjuftment of
" the Difference arifing from the Affair of theChefa-
" peake, and that the Ships of War of France fhall
" in Point of Faft have been excluded from the
" Ports of the United States, and fuch Ships of
" that Defcription as were in thofe Ports fhall have
" been warned to depart." Of

( 62 )
Of this Condition you obferve, that I appear to
have taken no Notice whatever ; you add alfo that
the Non-intercourfe Bill Operated to the Profpeftive
Exclufion. I beg Leave to refer you to the Firft Seftion of
the Non-intercourfe Law, which you will find ex
cludes the Ships of War, from the palling of that
Aft on the Firft of March ; the Prohibition therefore
was not profpeftive but immediate, and in faft had
been in Operation Six Weeks before I commenced
the Negociatioh.
Upon the Subjeft of the Warning which fhould
be given to any French Ships in the Ports of the
United States, the Secretary of State, Mr. Robert
Smith, informed me, that there were no French
Ships at prefent within the Waters of the United
States, and that if it was to be prefumed, that the
Government would caufe their Laws to be executed ;
in the Propriety and Juftice oS which Sentiment, I
fully acquiefced.
The preliminary Condition above mentioned was
therefore, I conceive fulfilled.
Your next Objection ftates, that the Proclama
tion ofthe Prefident of July 1807, is neither with
drawn, nor its Operation declared to be at an End,
On Explanation of this Point, I beg Leave to
remark, that the Non-intercourfe Law abrogated
even the Aft upon which the Prefident's Procla
mation was founded, by the Words at-theEnd(of
the 3d Seftion of that Aft, inferted by the Con-!.
grefs for that exprefs Purpofe, which Circumftance
I communicated to you in my No, 18. ofthe 17th
of March, and again in my No. 19. ef the 1 8th of
April, in which I mentioned that the Secretary of
State declared to rae that the Proclamation was
merged in the Non-intercourfe, I believe I omitted in

( 63 )
in my No. 19. to inform you that Mr. Smith added
that it was impoffible to iffue a Proclamation to recal
an Edift, which was already revoked and could not
not be revived.
The third Objection taken by you is upon a
Point of fo delicate a Nature that I proceed to an
Explanation of it, with the greateft Caution and
Deference. Permit me, Sir, to requeft that you will lay before
His Majefty my moft earneft Affurances that I
would not have allowed any Expreffions which I
thought difrefpeftful towards His Majefty to have
remained unanfwered, in any Note I may have re
ceived. It would be an inexcufable Prefumption in me to
attempt to put a different Conftruftion upon the
Expreffions contained in the latter Part of Mr«
Smith's firft Letter to me, or to view the Meaning
of the Words in a different Light from that, which
you have been pleafed to inform me His Majefty
has done ; but I think it my ©uty to declare, that I
do not believe any Intention whatever. exiited in the
Mind of the Prefident of the United States, to con
vey a difrefpectful Meaning towards His Majefty
by thofe Expreffions.
Upon my being informed by the Secretary of
State, that the Prefident would agree to waive any
Demand for further Punifhment of the Britifh
Officer, who had caufed an Attack to be made on
the United States Frigate Chefapeake, but that it
would be impoffible to refrain from expreffing an
Opinion that he deferred it ; I u fed all my Efforts
to perfuade this Government to give up fuch an In
sinuation, not from any Idea=that I entertained of
its being difrefpectful to His Majefty, but as it might
feem lefs conciliatory than the Difpofition ofthe
Prefident

< -«4 )
Prefident had been.reprefented to me, and of the
Sincerity of which I was fully perfuaded.
After I had received Mr. Smith's Note, I delibe
rated upon the Propriety of making any Obferya-
tions in anfwer to thofe Expreffions, but I was in
duced to forbear from fending any Reply by Con
fideration of the Policy and Propriety of not blend
ing irritating Difcuffion with aniicable Adjuft-
ments. It appeared to me that if- any Indecorum could
juftly be attributed to the Expreffions in the Official
Notes of this Government, the Cenfure due would
fall upon them, and that the public Opinion would
condemn their bad Tafte or Want of Propriety, in
coldly and ungracioufly giving, up what they con
fidered as a Right, but which they were riot in a
Condition to enforce.
The Feelings of His Majefty upon that Point
are a fufficient Proof that I have formed an er
roneous Judgment refpefting it, and I have to lament
not only that any Aft or Omiffion on my Part fhould
have incurred His Majefty's Difpleafure, but that it
Should have been the Caufe (though unintentionally)
of conveying any Expreffion perfonally difagreeable
or even apparently difrefpeftful to the Sovereign of
my Country. ;
I have omitted to mention one Circurhftance,
which is, that the Reafon why I did not put in a
Claim on the Part of His Majefty to recover from
the American Government, Deferters from His
Majefty's Service, was, that they have always decla
red themfelves willing to be guided by the Laws of
Nations upon that Subjeft.
My. Motives for deviating from the precife Line
of my Inftruftions relative to the Bounty intended
by His Majefty for the Relations of the Killed and
Wounded

'( '65 >
Wounded on Board the Chefapeake, will I hope,
upon Explanation, be found to be fatisfaftory.
When I mentioned His Majefty's liberal Views
upon that Point, the Secretary of State informed me,
that it would be highly fatisfaftory if the Offer was
expreffed in general Terms, although the Govern
ment never meant to accept the Provifion tendered,
but would acknowledge the Liberality of His Ma
jefty, when they might hereafter decline to avail
themfelyes of it, but that if it was put upon the
Footing of fpontaneous Generofity, it would not be
at all acceptable to the United States,
With Sentiments of the higheft Refpeft,
I have the Honour to be,
Sir,
Your moft obedient humble Servant,
D. xM.ErJiine.

(Inclofure referred to in No. 13.)
NOTE from Mr. Erfkirie to Mr. Smith,
dated July 31, 1809,
Sir,
I HAVE the Honour to enclofe to you a Copy of
an Order, which was paffed by His Majefty in
Council, on the 24th of May laft. _ _
In communicating this Order, it is with the
deepeft Regret that I have to inform you that His
Maiefty has not thought proper to confirm thelait
Provisional Agreement which I had entered into
with you [on the Part of our refpeclive' Govern-
^ Ndfther the prefent Time nor the Occafion will
afford me a favourable Opportunity for explaining
^ V to

( 66 )
to you the Grounds and Reafons upon which I
conceived I had conformed to His Majefty's Wifhes,
and to the Spirit at leaft, of my Inftruftionsupon that
Subjeft, nor indeed would any Vindication of my
Conduft, whatever I may have to offer, be of any
Importance further than as it might tend to fhew that
no Intention exifted, on my Part, to praftice any
Deception towards the Government of the United
States. I have the Satisfaction however to call your Atten
tion to that Part of the inclofed Order, which pro
tects the Commerce and Shipping of the United
States from the Injury and Inconveniencies which
might have arifen to American Citizens from a
Reliance on the provifional Agreement before men
tioned, and I cannot but cherifh a Hope that no fur
ther bad Confequences may refult from an Ar
rangement which I had fully believed would have
met with His Majefty's Approbation, and would have
led to a complete and cordialUnderftanding between
the two Countries. With Sentiments of the higheft
Refpeft and Confideration,
I have the Honour to be,
Sir,
Your moft obedient humble Servant,
Eh M. Erftine.

C <7 )

No. 14;
DISPATCH from the Honourable David
Erfkine to Mr. Secretary Canning, dated
Wafhington, 7th Auguft 1809.
Sir,
T3EFORE I proceed to lay before you fuch Ex_-
¦*-* planations as I have to offer relating to the Points
mentioned in your Difpatch, No. 1 i.'of the 23d
May, in which you have expreffed to me His Ma
jefty's entire Difapprobation of my Deviations from
the Inftruftions contained in your No. 2.' tranfmitted
to me by Mr. Oakeley, I will take this Opportunity
of informing you that the American Government
did not confult with me on the Propriety or Expe
diency of publifhing the Notes, which paffed between
the Secretary of State Mr. Robert Smith and myfelf
in our Negociations, but according to their Practice
they made public the State of their Foreign Re
lations at the Moment when they thought it was for
the Intereft of the United States that it fhould be
known. The Reafons which were affigned by the Secretary
of State for having done fo, were certainly intended
as favourable to His Majefty's Interefts, fince he
declared it was with a View to exhibit to the People
of this Country the Acquitment of Differences with
Great Britain which had takenPlace, and theProfpeft
of a further good Understanding, in order that the
Members of Congrefs might affemble with favourable
Sentiments towards Great Britain, as alfo that the
Event might be fpeedily and generally known in
France fo as to bring that Power to a definitive
F 2 Determination

( 68 >
Determination refpefting its Relations with the
United States.
It would be not only fuperfluous but might be
deemed improper that I fhould repeat the Reafons
already detailed in my No. 20. of the 18th of April,
which led me to believe, that I had conformed to
the Spirit if not to the Letter of your Inftruftions
contained in your No. 2. fince I have received the
Communication through you of His Majefty's Dif-
approbation ofthe Manner in which I have executed
them. It remains for me only to declare, that I was
greatly influenced in my Conduft by the repeated
Intimations in your Inftruftions (in No. 4. Jan. 23.
that " the Sincerity ofthe gcod Difpofition poffeffed
by the Perfons compofing the New American Ad
ministration was thePoint moftimportant in the View
ofthe Britifh Government."
That Difpofition I was fully convinced was enter
tained by this Government, which they were ready
to evince in any Way confiftent with the Power they
held by the Conftitution of the United States.
His Majefty having thought proper to caufe you
to communicate his Surprize and; Regret, that I
fhould have received fuch a Note as that from Mr.
Smith in Anfwer to the Offer for Reparation for
the Affair of the Chefapeake, as a Proof of the
Acceptance by the Government ofthe United States
of the honourable Reparation tendered by His
Majefty, " in the fame Spirit of Conciliation, in
'* which it was propofed," I am therefore precluded '
from offering any Obfervations upon that Subjeft
other than fuch as I have ventured to make in the
preceding Number of my Difpatches.
As a further Apology I may be permitted to ob
ferve, that as I had (I conceive) full Reafon for
believing

( 69 )
believing that the Difpofition of the Government of
the United States was conciliatory, I may have
dwelt in my own Mind, while writing my Note in
Anfwer to that of Mr. Smith, upon that Impreffion,
and may have on that Account attributed to Mr.
Smith's Note, a Stronger Appearance of Conciliation
than the Language of it mayjuftify.
It is remarked by you in your No. u. of the
23d May that my Inftructions did not authorize me
to hold out the Expectation that His Majefty would
fend an Envoy Extraordinary to conclude a Treaty
with the Government of the United States, until
His Majefty fhould have received from him an au
thentic and official Recognition of the Conditions
which I was directed to require.
The Conditions were undoubtedly not recognized
in the formal Manner required by you, becaufe this
Government had. not fufficient Authority to make
an Engagement as to what fhould be the Determina
tion of the United States, through its Legiflative Af-
femblies upon the State of their Foreign Relations.
It refted with the Congrefs alone to declare that
the Non-intercourfe Law fhould be continued or
not, and in what Manner it fhould be carried into
Effeft. The Prefident could do no more than act
upon the Law as it exifted.
I have already furuifhed you in my No. 20. with
my Reafons for believing that all the Conditions
would have been accomplished by the Congrefs,
which had pledged themfelves in the moft folemn
Manner, to refill the Reftrictions upon their Neu.
tral Rights againft fuch Powers as fhould infringe
them. 1 1 ad informed you in fome Difpatches fent before
I had received my Inftruftions, that the American
Go\ ernment did not know with fufficient Accuracy
F 3 what

( 7* )
what Nations had iffued or enforced Decrees viola-,
ting Neutral Rights, but that when they could af-
cenain that Faft, there could be no Doubt that the
Congrefs would make the Non-intercourfe Aft to
comprehend all fuch Powers as fhould adopt or aft
under the' Decrees of France.
It appears from the general Tenor of your Dif
patches, No. 16. & 11. that His Majefty's Govern
ment were not willing to truft to Affurances from
the American Government, but that official Pledges
were to have been required which could not begiven
for want of Power, fome of them alfo being of a
Nature which would prevent a formal Recognition,
Had I believed that His Majefty's Government
were' determined to infill upon thofe Conditions
being complied with, in one particular Manner Only,
I fhould have adhered implicitly to my Inftruftions;
but as I collected from them, that His Majefty was
defirous of accomplishing his retaliatory Syftem by
fuch Means as were moft compatible with a good
Understanding with Friendly and Neutral Powers,
I felt confident that His Majefty would have appro-
ved of the Arrangement I had concluded, as one
likely to lead to a cordial and complete Understand/!
ing and Co-operation on the Part of the United States,
which Co-operation never could be obtained ky pre:
•u'wts Stipulation either from the Government of the
United States, who have no Power to accede to them
or from the Congrefs, which would never acknow
ledge them as Recognitions to guide tbeir Conduft.
1 have, &c. &c
(Signed) D. M. Erj%mt,

f 71 )
No. 15.
DISPATCH from the Honourable David
Erfkine to Mr. Secretary Canning, dated
Washington, ioth Auguft 1809.
Sir
T BEG Leave to requeft that you will be pleafed
to lay before His Majefty my moft grateful Ac
knowledgements for the Communication which you
have made to me by His Commands, that " His
Majefty entertains no Doubt of the good Intentions
and Zeal for His Majefty's Service by~ which I have
been led to depart from my Inftruftions."
Nothing could have induced me to have deviated
in the flighteft Degree from the Orders I had re
ceived, but a thorough Conviction upon my Mind
that by fo doing to a certain Extent I fhould accom
plish the Object which His Majefty had in View,
when by too Strictly adhering to the Letter of my
Inftruftions I might lofe the Opportunity of promo
ting effentially His Majefty's Wifhes and Intereft.
I fubmit myfelf with great Deference to His Ma
jefty's Commands, and Shall accordingly deliver to
Mr. [ackfon, whom His Majefty has been pleafed to
appoint in my Place as Envoy Extraordinary, and
Minifter Plenipotentiary to the United States, all the
Papers and Documents belonging to the Million,
whenever he fhall prefent to me His Majefty's Order
for that Purpofe.

¦FV

C 7* )

No. 1 6.
LETTER from the Honourable David Er
fkine to the Honourable Mr. Smith,
dated Wafhington, 14th Auguft 1809.
Sir,
T HAYE the Honour to acknowledge the Receipt
of your Lefter of the 9th Inftant, informing me
that you had juft received a Letter from Mr. Pinck
ney, inclofing a printed Paper, purporting to be
a Copy of a Difpatch to me from Mr. Canning,
which States among other Things, from the Report
of your Conversations wiih Mr. Madifon, Mr. Galla
tin, and Mr. Smith it appears :
ift. " That the American Government is pre-
" pared in the Event of His Majefty's confenting
" to withdraw- the Orders in Council of January
" and November 1807, to withdraw conrempora-
" neoufly on its Part, the Interdiction of its Hai-
" bours to Ships of War and all Non-intercourfe
" and Non-importation Afts, fo far as refpefts Great
" Britain, leaving them in Force, with refpeft to
*' France and the Powers which adopt or aft
" under her Decrees."
2d. •' That America is willing to renounce during
<: the prefent War, the Pretenficns of carrying on,
" in Time of War, all Trade with the Enemies' Co-
" Ionics, from which She was excluded during
" Peace."3dly. %c Great Britain for the Purpofe of fecuring
" the Operation of the Embargo, and the bond fide
" Intention of America to prevent her Citizens from
" trading with France, and the Powers adopting •' and

( 73, )
" and afting under the French Decrees, is to be
" confidered as being at Liberty to capture all fuch
" American Veffels as may be found attempting to
" trade with the Ports of any of thefe Powers,
*' without which Security for the Obfervance of the
"Embargo, the raiting it nominally with refpeft
" to Britain alone, would, in Faft, raife it with
" refpeft to all the World.''
The Explanations which you requeft from me
upon that Subjeft, fhould be given with Candour,
and I will proceed accordingly to lay before you an
Abftraft of the Communications which I made to
His Majefty's Government relative to the unofficial
Converfations which I had held with Mr. Madifon,
then Secretary of State, Mr. Gallatin, and yourfelf,
at the Time, and upon the Occafion alluded to by
His Majefty's Secretary of State (Mr. Canning) in
that Part of his Inftruftions to me, of which you
inform me you have received a printed Copy from
Mr. Pinckney.
Upon referring to my Difpatches addreffed to His
Majefty's Government of the 3d and 4th December
laft, in which thefe Communications are detailed, I
conclude that the Converfations alluded to muft
have been held fome Days previous to that Period,
and were to the following Effeft.
Mr. Madifon (then Secretary of State) is repre-
fented by me to have urged various Arguments
tending to prove that the United States had exerted
all their Efforts to perfuade the French Government
to withdraw their unjuft Reftriftions upon Neutral
Commerce, and that Recourfe might have been had
to Meafures of more Activity and Decifion againft
France than mere Remonftrances ; but that, in the
mean Time, Great Britain had iffued her Orders in
Council before it was known whether the United States

( 74 )
States would acquiefce inthe Aggreffions of France,
and thereby rendered it impoffible to diftinguifh be
tween the Conduft Gf the Two Belligerents, who
had equally committed Aggreffions againft the Uni
ted States.,
After fome other Obfervations, Mr. Madifon is
ftated by me at that Time, to have added, that as
the World muft be convinced that America had in
vain taken all the Means in her Power to obtain
from Great Britain and France a juft Attention to
Her Rights as a Neutral Power, b/ Reprefentations
and Remonftrances that fhe would be fully juftified
in having Recourfe to Hostilities with either Belli
gerent, and that She only hefitated to do fo from the
Difficulty of contending with both, but that She muft
be driven even to endeavour to maintain her Rights
againft the Two greateft Powers in the World,
unlefs either of them Should relax its Reftriftions
upon Neutral Commerce, in which Cafe the Uni
ted States would at once fide with that Power againft
the other, which might: ro;_tinue its Aggreffions.
That every Opinion which he entertained refpec-
tirg the !;<_;* Interefts of his Country led him to wife
that a good '..'nderftanding fhould take Place be-
twem Gr.,ai Eri'aln and the United States1; and that
he thought, that the obvious Advantages which
ymuIu irie'.eb) i emit to both Countries, were a fuffi-
cic;t; pledge of the Sincerity of his Sentiments.
Thefe Obfervations, Sir, I beg Leave to remark
we e made to me by Mr. Madifon, about a Month
after the Intelligence had been received in this
Country of the Rejection by His Majefty's Govern
ment of the Proportion made through Mr. Pinkney
by the Prefident for the Removal of the Embargo
as refpefted Great Britain upon Condition that the
Orders in Council fhould be withdrawn as refpefted the

( 15 )
the United States, and his Sentiments were, a Is
conceived, expreffed to me in order that 1 might
convey them to His Majefty's Government, fo as
to lead to a Reconsideration ofthe Proposition above
mentioned with a View to the Adjustment of the
Differences upon that Subjeft between the refpective
Countries. But I never confidered that Mr. Madifon
meant that the Government of the United States
would pledge themfelves beyond the Proposition ref
pefting the Embargo as above ftated, becaufe that
was the Extent of the Power of the Prefident by the
Conftitution of the United States.
1 understand, very distinctly, that the Obferva
tions of the Secretary of State were intended to
convey an Opinion as to what ought and would be
the Courfe purfued by the United States, in the
Event of His Majefty's Orders in Council being
withdrawn. In thefe Sentiments and Opinions you concurred,
as I collected from the Tenor of feveral Converfa
tions, which I held with you at that Period.
With refpeft to thefecond Point, as ftated in your
Letter to be contained in a DiSpatch from Mr. Can
ning, I beg Leave to offer the following Explana
tion. In the Courfe of a private Interview I had with
Mr. Gallatin (the Secretary of the Treafury) he in
timated, that the Non-intercourfe Law which was
then likely to be paffed by the Congrefs, _ ought to
be confidered as removing Two very important
Grounds of Difference with Great Britain, namely,
The Non-Importation Aft as applicable to her alone,
and alfo the Prefident's Proclamation, whereby the
Ships of Great Britain were excluded from the Ports
of the United States, while thofe of France were
permitted to enter ; but that by the Non-intercourfe
* - Law

( 16 -)
Law both Powers were placed on the fame Footing.
He did not pretend to fay that this Meafure had been
taken from any Motives of Conceffion to Great
Britain, but as, in faft, thofe Confequences foll6\ved,
he conceived they might be confidered as removing
the Two grand Obftacles to a Conciliation.
He adverted alfo to the Probability of an Adjuft-
ment of another important Point in difpute between
the Two Countries, as he faid, he knew that it was
intended by the United States, to abandon the At
tempt to carry on a Trade with the Colonies of
Belligerents in Time of War, which was not al
lowed in Time of Peace, and to truft to the being
permitted by the French to carry on fuch Trade in
Peace, fo as to entitle them to a Continuance of it
in Time of War.
As it may be very material to afcertain what
" Trade with the Colonies of Belligerents," was (in
my Conception) meant by Mr. Gallatin as intended
to be abandoned by the United States, I feel no
Hesitation in declaring that I fuppofed he alluded to
She Trade from the Colonies of Belligerents direct
to their Mother Country, or to other Belligerents;
becaufe the Right to fuch Trade had been the Point
in Difpute; whereas the Right, to carry on a Trade
from the Colonies of Belligerents to the United
States had never been called in Cjueftion, and had
been recognized by His Majefty's Supreme Court
¦ of Admiralty, and the Terms even upon which fuch
Colonial Produce might be re-exported from the
United States had been formally arranged in aTreaty
figned in London by the Ministers Plenipotentiary,
of both Countries, which was not indeed ratified
by the Prefident of the United States, but was not
objefted to as to that Article of it which fettled the
Terms upon which fuch Trade was to be permitted. Such

( 77 )
Such was the Subftance, Sir, of the unofficial
Conversation which I had held with Mr. Madifon,
Mr. Gallatin, and yourfelf, which I did not confider
or reprefent to His Majefty's Government, as intend
ed with any other View, than to endeavour to
bring about the Repeal of the Orders in Council,
by fhewing that many of the Obftacles which had
flood in the Way of an amicable Adjuftment of
the Differences between the Two Countries were
already removed, and that a fair Profpeft exifted of
fettling, what remained fince the United States had
exhibited a Determination to refill the unjuft Ag
greffions upon her neutral Rights, which was all
that Great Britain had ever required ; but I certainly
never received any Affurances from the American
Government, that they would pledge themfelves to
adopt the Conditions fpecified in Mr. Canning's
Inftruftions as Preliminaries, nor did I ever hold
out fuch an Expectation to His Majefty's Govern
ment, having always ftated to them that in the
EtentofHis Majefty's thinking it juft or expedient,
to caufe his Orders in Council to be withdrawn, that
the Prefident would take off the Embargo asrefpec-
ted England, leaving it in Operation againft France,
and the Powers which adopted, or afted under her
Decrees, accordingtothe Authority which wasvefted
in him at that Time by the Congrefs or the United
States, and that there was every Reafon to expect
that a Satisfactory Arrangement might be made
upon the Points of the Colonial Trade which had
been fo long in Difpute between the Two Coun
tries. As to the Third Condition referred to by you,
fpecified in Mr. Canning'3 Inftruftions, I have only
to remark that I never held any Conversation with
the Members ofthe Government of the United States

( 7§ )
States relative to it, Until my late Negociation ; ot
had ever mentioned tlie Subjeft to His Majefty's
Government, it having, for the firft Time, been pre
sented to my Confideration in Mr. Canning's Dif
patch to me of the 23d January, in which that Idea is
fuggefted, and is ftated to have been affented to by
Mr. Pinkney.
It would be unavailing at the prefent Moment to
enter upon an Examination of the " Pretentions
" fet forth in Mr. Canning's Letter ,oi Instructions."
" (which you are pleafed to term) " extraordi-
" nary."
I confider it however to be my Duty to declare,
that during my Negotiation with you, which lead to
the Concluiion of the provisional Agreement, I
found no reafon to believe that any Difficulties would
occur in the Accomplifliment of the Two former
Conditions, as far as it was in the Power of thePre-
fident ofthe United States to accede to the Firft, and
confiftently with the Explanation which I have
before given of the Second Point. On the contrary,
I received Affurances through you, that the Presi
dent would comply, (as far as was in his Power)
with the Firft Condition, and that there could be
no Doubt that the Congrefs would think it incum
bent upon them to affert the Rights of the United
States againft fuch Powers as Should adopt or aft
under the Decrees of France, as foon as their aftual
Conduft or Determination upon that Subjeft could
be afcertained ; but that in the mean-time, the Pre
fident had npt the Power and could not undertake
to pledge himfelf in the formal Manner required to
that Effeft.
I received alfo Affurances from you, that no
Doubt could be reafonably entertained that a fatis
faftory Arrangement might be made in a Treaty
* upon

( 79 )
upon the Subjeft of the Second Condition men
tioned in Mr. Canning's Inftruftions, according to
iny Explanatipn of it in the foregoing Part of this
Letter, but that it neceffarily would form One Ar
ticle of a Treaty, . in which the various Pretentions
of the Two Countries would be fettled.
The Third Condition you certainly very diftinft-
iy informed me, could not be recognized by the Pre
fident, but you added, what had great Weight in my
Mind, that you did not fee why any great Import
ance fhould be attached to fuch a Recognition, be
caufe it would be impoffible that a Citizen of the
United States could prefer a Complaint to his Go
vernment on Account of the Capture of his Veffel
while engaged in a Trade abfolutely interdicted by
the Laws of his Country.
. Under thefe Circumftances, therefore, finding that
I could not obtain the Recognitions fpecified in Mr.
"Canning's Difpatch ofthe 23d of January, which
formed but One Part of his feveral Inftruftions to
me, in the formal Manner required, I confidered
that it would be in vain to lay before the Govern
ment of the United States the Difpatch in Queftion,
which I was at Liberty to have done in extenfo, had
I thought proper. But as 1 had fuch firong Grounds
for believing that the Objeft of His Majefty's Go
vernment could be obtained, though in a different
Manner, and the Spirit at leaft of my Inftruftions
be fully complied with, I felt a thorough Conviction
upon my Mind that I fhould be afting in conformity
with His Majefty's Wifhes, and accordingly con-
eluded the late. Provisional Agreement on His Ma
jefty's Behalf with the Government of the United
States. . .
The Difavowal by His Majefty is a painful Fioot
to me that I had formed an erroneous Judgement of
His

( 8° )
His Majefty's Views, and the Intention of my In
ftruftions, and I have moft feverely to lament that an
Aft of mine (though unintentionally) Should produce
any Embarraffments in the Relations between the
Two Countries.
It is a great Confolation to me, however, to per
ceive that Meafures have been adopted by both Go
vernments to prevent any Loffes and to obviate any
Inconveniencies which might have arifen to the Ci
tizens or Subjefts of either Country, from a Re
liance on the Fulfilment of that provisional Agree
ment ; and I cannot but cherifh a Hope that a com
plete and cordial Underftanding between the Two
Countries may be effefted.
I beg Leave to add, that it would give me great
Happinefs to have contributed to fo defirable an
Objeft, and to offer you the Affurances of the great
Refpeft and high Confideration with which I re
main, Sir,
Your moft obedient humble Servant,
(Signed) D. M. Erfiine.

*$&&?

FURTHER PAPERS

IILaTIVI to.

AMERICA.

Ordered to be printed 6th February itSio.

G

LIST OF PAPERS.

I . T\ISP ATCH from Mr. Secretary Canning to William
*-^ Pinkney Efq. dated 27th May 1809.
2. Letter from the Hon. David Erfkine to the Hon.
Robert Smith, dated 31ft July 1809.
3. Difpatch from the Hon. David Erfkine to Mr. Secre
tary Canning, dated 3 ift Auguft 1809.
4. Letter from the Hon. Robert Smith to the Hon.
David Erfkine, dated 9th Auguft 1809.
5. Letter from Albert Gallatin Efq. to the Hon. David
Erfkine, dated 13th Auguft 1809.
6. Letter from the Hon. David Erfkine to Albert Gallatin
Efq. dated 15th Auguft 1809.

0 3

PAPERS.

No. i.
DISPATCH from Mr. Secretary Canning
Wm. Pinkney Esq. dated Foreign Office,
27th May 1809.
Sir,
A CCORDING to the Intimation which I gave to
¦^ you in our laft Conference, I have now the
Honour to enclofe to you a Copy ofthe Order in
Council which His Majefty has directed to be iffued
for the Purpofe of preventing as far as poffible any
Inconvenience or Detriment to the Merchants of
the United States who may have entered into Com
mercial Speculations on the Faith of the unautho
rized Engagements of Mr. Erfkine, previoufly to the
Notification in America of His Majefty'-s Difavowal
of thofe Engagements.
Having had the Honour to read to you in extenfo ¦
the Inftruftions with which Mr. Erfkine was fur-
nifhed, it is not necefTary for me to enter into any
Explanation of thofe Points in which Mr. Erfkine
has acted, not only not in Conformity but in direft
Contradiction to them.
I forbear equally from troubling you, Sir, with
any Comment on the Manner in which Mr. Erf-
kine's Communications have been received by the
American Government, or upon the Terms and
Spirit of Mr. Smith's Share of the Converfation. Such
G<

( 86 )
Such Obfervations will be communicated more
properly through the Minifter whom His Majefty
has direfted to proceed to America, not on any Spe
cial Miffion (which Mr. Erfkine was not authorized
to promife except on Condition?, not one of which
he has obtained) but as the Succeffor of Mr. Erfkine,
whom His Majefty has not loft a Moment in recall
ing. I have, &c.
(Signed)' George Canning.

No. 2.
COPY of a Letter from the Honourable Mr-
Erfkine to the Honourable Robert Smith,
dated Wafhington, 31ft July 1809.
Sir,
T HAVE the Honour to inclofe to- you a Copy of
¦*• an Order, which was paffed by His Majefty in
Council on the 24th of May.
In communicating this Order it is with the
deepefl Regret I have to inform you, that His Ma
jefty has not thought proper to confirm the late
Provisional Agreement which I had entered into with
you on the Part of our refpeftive Governments.
Neither the prefent Time nor the Occafion will
afford me a favourable Opportunity for explaining
to you the Grounds and Reafons upon which I con
ceived I had conformed to His Majefty's Wifhes, and
to the Spirit at leaft of my Inftruftions upon that
Subjeft, nor indeed, would any Vindication of my
Conduft (whatever I may have to offer) be of any
Importance,

< 8* )
Importance, further than as it might tend to fhew
that no Intention exifted on my Part to praftife any
Deception towards the Government of the United
States. I have the Satisfaction however to call your Atten
tion to that Part of the inclofed Order, which pro
tects the Commerce and Shipping of the United
States from the Injury and Inconveniences which
might have arifen to American Citizens from a
Reliance on the Provisional Agreement before men
tioned, and I cannot but cherifh a Hope that no fur
ther bad Confequences may refult from an Arrange
ment, which I had fully believed would have met
with His Majefty's Approbation, and would have
led to a eomplete and cordial Understanding be
tween the Two Countries.
With Sentiments of the higheft Refpect and
Confideration, I have the Honour to be,
• Sir, &c.
(Signed) D. M. ErJ&ine.

No. 3.
DISPATCH from the Honourable David
Erfkine to Mr. Secretary Canning, dated
Baltimore, 31ft Auguft 1809.
Sir,
][ HAVE the Honour of enclofing Copies of a Cor-
- refpondence which has paffed between the Se
cretary of State (Mr. Robert Smith) Mr. Gallatin,
and myfelf, upon the Subjefts therein detailed.
I have the Honour to be, &c.
(Signed) D. M. Erjkine.
G 4

( 88 )

No. 4.
LETTER from the Hon. Robert Smith to
the Hon. David Erfkine, dated Depart
ment of State, 9th Auguft 1809.
Sir,
T HAVE juft received from Mr. Pinckney, a Let*
A ter enclofing a printed Paper, purporting to be a
Copy of a Difpatch to you from Mr. Canning, which
States, among other Things, that from the Report
of your Converfations with Mr. Madifon, Mr. Gal
latin, and Mr. Smith, it appears,
" ift. That the American Government is pre
pared, in the Event of His Majefty's confenting to
withdraw the Orders in Council of January and No
vember 1807, to withdraw contemporaneoufly on
its P'-.rt, the Interdiction of its Harbours to Ships
of War and all Non-intercourfe and Non-impor
tation Afts, fo far as refpefts Great Britain, leaving
them in force with refpect to France, and the Powers
which adopt or aft under her Decrees.
" 2d. That America is willing to renounce, during
the prefent War, the Pretenfion of carrying on in
Time of War, all Trade with th- Enemies Colonies
from which fhe was excluded during Peace.
" 3d. Great Britain for the Purpofe of fecuring
the Operation of the Embargo, and the bond fide
Intention of America to prevent her Citizens from
trading with France, and the Powers adopting and
afting under the French Decrees, is to be confidered
as being at Liberty to capture all fuch American
Vefftls as may be found attempting to trade with
the Ports of any of thofe Powers ; without which
Security for the Obfervance of the Embargo the
raifing

( «9 )
raifing it nominally with refpeft to Great Britain
alone, would in faft raife it with refpect to all the
World." I have the Honour to requeft you to favour me
with fuch Explanations as your Candour will at once
foggeft, in relation to thefe imputed Converfations.
_ I forbear to exprefs to you, Sir, the Surprize that
is felt at the extraordinary Pretenfions fet forth in
this Letter of Inftruftion, and efpecially at the Ex
pectation that this Government would as a Prelimi
nary recognize Conditions, two of which are fo
manifeftly irreconcileable to the Dignity and Intereft
of the United States.
I however would remark, that had you deemed
it proper to have. communicated in extenfo this Let
ter, it would have been impoffible for the Prefident
to have perceived in its Conditions, or in its Spirit,
that conciliatory Difpofition which had been pro-
feffed and which it was hoped had really exifted.
I have the Honour to be, &c.
(Signed) R. Smith,

No 5.
COPY of a Letter from Albert Gallatin
Efq. to the Honourable David Erfkine,
dated 13th Auguft 1809.
Sir,
I DO not believe that, in the Converfations we
have had refpefting the Practicability of an Ad
justment of the Differences between the United k>ta.tcs

( 5® )
States- and' Great* Britain^ we ever- have mifunden-
ffoodJ one another. Yet as- from Mr. Ganni»g'»
Inftruflions lately published by your Government^
it- would feem tfiatf fome Opinions' ane defcribed to
feveral' Members- of this* Administration, w-hich they
did1 not entertain, it appears- necefTary to afceptaia
whether, on- any Point, a Mifapprehenfion can have
taken- place.
Twill forbear making anyObfbrvations on whafc,.
in the Inftruftions, i'& called- the Third: Condition,
fiirce it is- not afrerted' that that- inadmiffible Pro-
pofitioivwns-fuggefted'at Wafliington.
The Points embraced in Mr. Canning's Firft Pro-
pcfftioir formed' the- principal Topic of our Conver-
iations- relative- to a Revocation of the Orders in
Council1; yet in the Manner in which at the Fnopo-
fitioni is- expreffed!, it- goes further than- had been.
iuggefted by the Members of this Adminiftration-.
It is Sufficiently evident from the Proceedings, of
CongrelV, bct-ii' previous andfuffequent to the un
ratified Agreement of April laft, that the United
States intended to continue the Reftriftions on the
Commercial Intercourfe with France, whilft fuch of
her Decrees as violated cur Neutral Rights continud
in force, and to remove thofe Rtftriftions in
relation to Great Britain, in the Event ot a Revo
cation of the Orders in Council ; but that State of
Things So far as it- related to Fiance was to refult
from our own. haws. r kr.cw-n cr anticipated by your
Government, when they authorized an Arrange
ment, and it was not pn p' fed by us that the Con
tinuance of the KonhteicGurfe with trance fhould
be made a Ccrdiiion- of that Arrangement.
Vvhiiit on that: Subjeft, 1 will add an Gbiervation,
though perhaps. not immediately connected with, the
Object of this Letter. I think

( 9i )
I think that the Ohjeft of that Prapofition, fb
far as it agreed with, your previous Understanding
ofthe Intentions of this Government, has been fub-
ftantialiy carried into Effect on our Part. It is true,
that your Government might, at the Dare of the
Inftruftions, have expected from the incipient Pro
ceedings of Congrefs, that Holland wouid' be em
braced by the restrictive Laws of the United States.
Not only, however, was the Omiffion Nominal',
fince American Veffels were, at the Time, by the
Decrees of that Country, refuted Admiilion into
its Ports, but under the fame Conflruftion of our
Laws, by which the Commercial Intercourse with
Holland was permitted, that wirh Portugal was. alfo
confidered as legal, in the Event of that Country
being occupied by BYitifhr in the Name of rhe Prince
Regent. It is therefore principally as refpefts the Second
Condition which relates to the Colonial Trade, that
erroneous Inferences might be drawn from the
Expreffions ufed in Mr. Canning's Inftruftions.
Although the Subjeft muft have been mentioned
here incidentally,, and only in a- tranfient Manner,
as it is one to which I had paid particular Attention,
and on which my Opinion had never varied, Ithiwfc
that 1 can ftate with Precision, in what View I have
always confidered it, and muft have alluded to it.
ift. I never could have given Countenance to
any Opin'on that the United States would agree, or
that it would be proper to make any Arrangement
whatever, refpefting the Colonial Trade, a Condi
tion of the Revocation of the Orders in Council.
The Two Subjects were altogether unconnected,
and I am confident that Such a Propofition was never
fuggeiled either by you, or by any Member of this
Adminiftration; fuch an Arrangement could be
effeCted

( 9* )
effefted only by Treaty, and it is with aconfiderable
Degree of Surprife that I fee your Government
now afking, not only Refiftance 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 Character to a Meafure
which had heretofore been reprefented as an Aft
of Retaliation reluftantly adopted, and had been
defended folely on the Ground of a fuppofed Ac
quiescence on the Part of the United States in the
injurious Decrees of another Nation.
2d. In the Event of a Treaty embracing all the
Points in Difpute, and particularly that of Im-
preffments, without which I truft no Treaty will
ever take place, it was my Opinion, and certainly
I may have expreffed it, that if the other Objefts of
Difference were arranged, that refpefting the Co
lonial Trade would be eafily adjufted.
I had confidered the Principles recognized in a
former Correspondence between L©rd HawkeSbury
and Mr. King on the Subjeft ofthe Colonial Trade,
and fubfequently again adopted in the Treaty ne
gotiated by Meffrs. Munroe and Pinkney, as a
general Balls agreed on under different Adminif-
trations by both Governments, from which neither
could now recede, and fufceptible only of Modifi
cations as to Details. The Inftruftions to our
Miniflers in London on that Subjeft, had alfo been
publifhed, and were known to your Governments
I therefore believed that the United States in the
Event of a Treaty would ftill be difpofed to wave
for the prefent, in the Manner, and on the Terms
contemplated by thofe Inftruftions, their Right to
that Branch, and to that Branch only of the Colo
nial Trade, known by the Name of Direcl Trade, that

( 93, )
that is to fay, the Trade carried direftly from Bel
ligerent Colonies to the Belligerents in Europe,
where that Trade was not permanently in Peace, as
in War, permitted by the Laws of the Country to
which thofe Colonies belonged.
But the Right to a Trade between fuch Colonies
and the United States generally, and to that in
Colonial Articles between the United States and
other Countries, never can or will, in my Opinion,
be abandoned, or its Exercife be fufpended by this
Government : On the contrary, it is folely in order
to fecure, by an exprefs Stipulation, that Trade
againft the Danger of Interruption, and thus, by a
mutual Spirit of Accommodation, to avoid Col-
lifions, that the Abandonment of the direft Branch
can ever be affented to.
Permit me, therefore, to requeft that you will
inform me, whether you understood me on thofe
two Points, as I certainly meant to be underftood,
namely, that the Relinquiftiment, during the prefent
War, of what is called the Direft Trade was alone
contemplated, and that no Arrangement on that
Subjeft was fuggefted as a Condition of the Re
vocation of the Orders in Council.
I have the Honour to be, &c.
(Signed) Albert Gallatin.

No. 6.
LETTER from the Honourable David
Erfkine to Albert Gallatin Efq. dated
Wafhington, 15th Auguft 1809.
Sir,
IHA VE the Honour of acknowledging the Receipt
of your Letter of the 13 th Inftant, in which you
have have been pleafed to fay, that although you do
not

( 94 )
not believe that in the -Canverfation we have had
refpefting the Practicability of an Adjustment of
Differences between the United States and "Great
Britain., we ever have mifunderftood one another,;
yet, from Mr. CanningTsIriftruftions lately publifhed
by my Government, it would feem that fome -Opi
nions are afcribed to feveral i Members df this Ad
miniftration which they did not entertain, it appears
necefTary to afcertain whether on any Point :-a Mif-
apprehenfion can have taken place.
In anfwer to your Enquiries, I have great Satis
faction in affuring you, that there appears to have
been no Mifunderftanding refpefting the Subftance
or Meaning of the Converfations which paffed be
tween us, as ftated in Mr. Canning's Inftruftions
alluded to.
After the moft careful Perufal of your Statement
ofthe Purport of our Converfations, I cannot dis
cover any material Difference from the Reprefen-
taf ion which I have made upon that Subjeft to the
Secretary of State (Mr. Robert Smith) in my Let
ter to him of the 14th Inftant, to which I will
therefore beg Leave to refer you ; as )I have therein
detailed the Subftance of the Converfation accord
ing to my Recollection of it, which is in every re
fpeft effentially the fame as that which you feem to
have entertained.
Duringthe Converfation which we held refpefting
the Practicability of an amicable Adjuftment of the
Differences between the two Countries, when the
Relinquishment by the United States during" the
prefent War, of what is called the Colonial Trade
was fuggefted by you, I conceived that you meant
(as you have ftated) the Trade carried directly from
the Belligerent Colonies to the Belligerents in Eu
rope, where that Trade was not permanently in
•Peace

( 95 )
Peace as in War permitted by the Laws' of the
Country to which thofe Colonies belonged.
I never fuppofed that you intended to convey an
Opinion that the Government of the United States
would make any Arrangement refpefting fhe Colo
nial Trade as a Condition of the Revocation of the
Orders in Council, the two Subjefts being altogether
unconnected ; ^nor have I ever represented to His
Majefty's Government that fuch Preliminary Pledges
would be given. I have, 8cc.
(Signed) D. M. Er/klne.

INDEX,

A.
jl&R EEMENT, Provifional, concluded with the American
Government, Difavowal of, 25, §6.
American Government, Conditions for withdrawing her Non-
intercourfe and Non-importation Afts, with refpeft to
Great Britain, 11. Offenfive Step of, in publifhing the
Correfpondence, 20. Difavowal of the Agreement con
cluded by Mr. Erfkine and the, 25, 86. Indetermination
of, in confequence of the embarraffed State of Affairs,
26. Is determined not to remove the Embargo, jexcept
on certain Conditions, 26, 27. Affertion that • the Sacri
fice of the Orders in Council would obtain the Good Will
of, 35, 36. Demands a further Punifliment on Ad
miral Berkeley, 47 ; which is refufed ibid, and the Demand
is waved, 48. Accepts the Reparation offered refpefting
the Chefapeake as a Satisfaction, 51.
B.
Belligerents, Intention of the United States to abandon trading
with, during the War, 33.
Berkeley, Admiral, Order to refufe any Demand relative to the
farther Punifhment of, 9. The Prefident and Secretary of
the United States offended at his Appointment to a
Command, 14. Mr. Smith demands an adequate Punifh
ment to be inflicted on, 47 ; which is refufed, ibid.

Chefapeake, Terms of Reparation propofed by the Britifh refpec-
ting the Affair of the, 7, 47. Subjeft refpefting, to be
opened feparately, 9- Propofal by Mr. Smith for an
amicable Settlement refpefting the, 47 . Offer of Repara
tion on certain Conditions for the Attack on the, 49, 50 ;
which is accepted by America as a Satisfaction, 51.
H Commercial

INDEX.
Commercial Relations, Mr. Galater's Suggeftion relative to*,
14. Great Britain willing to accede to. the Suggeftions
refpefting, 15.
(Congrefs, a Conciliatory Difpofition not apparent in the Debates
of, 3. Indetermination of, in confequence of their embar
raffed Situation, 26. Propofal to, for interdifting American
Veffels from receiving Foreign Seamen, 33.
D.
Denmark and Rujfia, Complaint of their being comprehended
in the Operations ofthe Orders in Council, 39.
E.
'Embargo, great Difapprobation of, by the Eaftern Divi.
fion of the United States, 26. The American Govern
ment determined not to remove it, except on certain Con
ditions, 26, 27. The Americans in general defirous of
its Removal, 29.
England, Advantages of the Non-intercourfe Law to, 44.
Envoy, Determination of Great Britain to fend one to the
United States to conclude a Treaty, 57.
Erjkine, the Hon. David, Reafon for his not being employed-
to conclude a Treaty with the United States, 13, 14. His
Departure from his Inftruftions regretted, 16. The De
viations from his Inftruftions pointed out, 19 — 24. His
Majefty's Difapprobation of thofe Deviations, 25. Is in
formed of his Recal, ibid, and Appointment of Mr. Jackfon,
ibid. Afferts that the Good-will of America might be
obtained by the Sacrifice of the Orders in Council, 35, 36.
Vindicates his Conduft, 61 — 65, 67 — 70. Communicates
the different Converfations with the American Minifters^
72 — 80. Informs Mr. Smith, that the Provifional
Agreement had not been confirmed, 86, 87. Explains
the feveral Converfations with the American Minifters,
89—93. F,
France, the United States extend the Interdiftion of their
Harbours to the Ships of War of, 10.
G.
Qalater, Mr. his Suggeftions refpefting the Syftem of commer-!
cial Intercourfe between Great Britain and America, 14.
Great Britain willing to accede to the Suggeftion of, 15,
Gallatin^

I N - D E X.
Gallatin, Mr. afferts it to be the Intention of the United States
to abandon trading with the Colonies of the Belligerents
in Time of War,. 33. His Charafter, 35.
Great Britain. Conditions on which fhe will withdraw her
Orders in Council of Jan. and Nov. 1807, 11, 12. Deter
mination of, to fend an Envoy to the United States, 57 ;
Is willing to withdraw the Orders in Council, 57, 58.
J,
Jefferfon, Mr. his Partiality towards France, 34. '¦ . v ""
M.
Madifon, Mr. his important Communication made to Mr,
Erfkine, 27 — 29. Cdmplains of Rufiia and Denmark being
comprehended in the Operations of the Orders in Council,
39. Great Majority of Votes in Favour of, 43. Advan
tages arifing from fuch a Majority, 44.
N,
lfon-intercourfeLa<w, Advantages of, to England, 44, 45. Dif*
advantages of, to France and the Eaftern States of Ame
rica, 45. Diffatisfaftion of the French Minifter with,
55. America willing to withdraw it when Great Britain
withdraws her Proclamation, 59, 60.
IJorfolk, Difavowal required of the Outrages committed on the
Britifh at, 8. o.
Orders in Council, Britifh, of Jan. and Nov. 1807. Conditions
for withdrawing, 11 — 13, 21—24. Affertion that
the Good Will of America might be obtained by the
Sacrifice of, 35, 36. Complaint that Riiflia and Den
mark are comprehended in the Operations of, 39,
Affertion that America on the Relaxation of, would
have declared War againft France, 40. Great Britain
willing to withdraw them, 57—59.
R.
Reparation, Terms of, which his Britaiinick Majefty is willing
to offer to the United States, 7.
RufTia and Denmark, Complaint of their being comprehended
in the Operations ofthe Orders in Council, 39. Smith,

N D E X,

s.
Smith, Mr. afferts that America would have declared Wat
againft France if the Orders in Council had been relaxed^
40. Propofes an amicable Settlement refpefting the
Chefapeake, 47. u.
Union, American, the Diffolution of contemplated, 44.
United -Slates, refufe to withdraw the Proclamations by which
Britifh Ships were interdifted the Harbours of, 6. Al
low a free Refort to the Ships of France, ibid. Terms of
Reparation propofed by the Britifh to, 7. Concefc
fions required by the Britifh in return for the Reparation"
offered to, 7, 8. Extenfion of their Interdiction to
French Ships, a Sympton of Impartiality, 10. Reafon for
Mr. Erfkine not being employed in concluding a Treaty
with, 13, 14. Difapprobation of the Embargo, by
the Eaftern Divifion of, 26. Their Reluftance to en
ter on Meafures of Hoftility afferted, 28. Their Ships of
War ordered not to receive Foreign Seamen, 33. The
Prefident and Secretary of, offended at the Appointment
of Admiral Berkley, 41. Weight and Influence of the
Eaftern States of, 43. A Diffolution of the -Union of,
contemplated, 44. Determination of Great Britain t»
fend an Envoy to, 57.

FINIS.

Printed "tw A. Strahiin,
Jointers Strset Londoa;