Western Sun, Volume 3, Number 5, Vincennes, Knox County, 20 January 1810 — Page 2

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one rnnrr than Tnfrely imdmlflibM cmi vl nenuit. .Mid that or. finding his full

Hrn'id iL I,, f.i. . tlw mnrr rra loll ImC j

trims (oiHj)iilVd in the arrangement rcfycctin the onlc-is til council, were adopird. W h.it, lir, is there in this to countenance the co.ululi.xi you hve drawn in l-vor ot the liht ot' his Britannic m-jclly to diUv uv the proceeding ? Is any thing more c.Hnmou in public negotiation? than to begin with higher de.n .nd, and, that failing t.. (JclVrnd t. lower? To h ue, if not two fets of inltruaions, two, or inore than two grades of propofici'Mis in the fame let of inilruwlions. to tH11 Wltn wnat is ino defirahle, and to f' with what is found to be admiuTde in cafe the more dr firabie (hould rut be attitnble ? This ir.ult be obvious to every undcrfUn Jing, and it ii confirmed by univrrfal experience Wh t were the real and entire -inftruAi ons given to your predtcelTor, is a cjueftion elT-n'i-dly between luni and his government. ThU he had, cr, at lrall, that he believed

be had futficicnt authority to conclude the rrangement, his formal aiTurances during oui dif utfions, were fuch as to leave no room for doubt. His fubfequent letter of the 1 5th June renewing his aiTurances to me " tlwt the terms of the agreement fo happily concluded hy the recent negotiation will be ftriftly fulfilled on the part of nnj Uy,'.' s an evident indication of .what his perfuafion then was, as to his inftrucYtons. And with a view to Ihew what his impr (Ii'iHS have been even fiuce thedifavowal, 1 m ft tike the liberty of refering you to the annexed txtra&s See C from his official letters of the 3 1ft of July and of the 14th of AuguuV The declaration ' trnt the difpatch from mr. Cuming to mr. Erfkine of the 23d Jan is the only difpatch by which the conditions were prefcribed to mr. Krfkine for. the conclufiou of an arrangement on the matter to which it relates," is now for the firft time made to this government. And 1 need hardly add, that if that difpatch had been communicated at the time of the arrangement, or if it had been known that the propofitions contained in it, and which were at firll preferred by mr. Erflcineweie the only ones on which he was authorized to nuke an arrangement the arrangement WuiJ not have been made.; As you have difclaimed any any authority to otT r explanation for the difavowal ; ' a you hve been "willing to af Vibe the want of luiii authority to the confederation that other 'channels had hern preferred, and as "you have even conlidered the circumfi.nces li.iJcr wliuhthe arrangement took plce, tone fvuh as could only lead to a diftvnw al, and therefore as fuperfedifig the neceflity of any explanation whatever, it is to be regretted that you had not deemed it prop er to render pteufe and explicit, that part ot your lr-ttrr which feems to imply that you h-d in our courerf-ttior.s, in relation to the affair of the Ch-fpeake, following the words of your inllroVVhins, held out not on ly the manner in which the reparation had been acrrpted, but even the form in which it had been tendered, as warranting his majefiy in even retracting the offer of reparation, and that you had rluc id ited the ohfer Vatiofi by a reference to the particular exprelfions wliiih, at all events, pur it totally out of his p.nvcr to confirm any a& contain ing tln-m. Whatever may have brn your indention in this part of our c onv-ri fation, or whatever nrty be thr import of the patfage to which 1 h ve j tit alh dcd, 1 have now the honor of fimt) nig to you, th.u I am authorised to receive in a piopcr tonn whatever explicit explanations you may chute to make With rePped to ti.e grounds ol tJ'is p-irt of the difivowal ; and without n quiring whether your authority te derived lirm iniinictions that have hern addrrlT'-d to youtlrlf. or that hve devolved oo you as the due 'I for of the nitnilter who lud declined to ex ccute them. As you h,ve at the fame time hern pleafed to I y. that l is Britannic in jrily I au'horizrd you to rep w the ( tF r ot (jti--fa A on huh ir, Kihvo-r v,.is inllrucitci to make, it w s alhi u,i;ur.-.lly txarcteu th t vou would in vonr Irt'T l:Ar iiated with prcifionin wfi .t that oi!-r dih red from t fir Jep .ration fdcmnly tnuirrrcLy mr. Ei&ine u.l arcrpted by t? r U. States, ami that yru would hiv- Ihewo in what the trpira tion tl. i. v tendered Oi tiered trom his if.lhuc-tion-. And when 1 lud tlse ho: or to inti jn"te that,'tn , i(Jrr to avoid thr nnfiontep. ioni ttfd -t '1TA pinfr'diive, it w expedient tit cur lurlhcr uiltuiliohi

on the prefent oecafion fliould be in the written form, there was no part of the fubj it to which that intimation applied with more force than the cafe of the Chcfpeakc ; none on which it ws more drfirable to a void mifconceptions and to obtain a precife knowledge of the propofitions which you were authoriftd to make, not only beoufe 1 did not really underhand the particulars of the offer as diftinclly as you feem to have fuppofed, hut alfo becaule, on that point, and on that alone, you had exprefsly llated that you had propofitions to make, and that you were authorised to carry them into immediate execution. On the fubie of the orders in council

the prelident perceives with Sentiments ot

deep regret, that your inllrncliotis contemplate, neither an explanation of the rrfofal of your government to fulfil the arrageir.vnt of that branch of the cxifiing differences, nor the fubllitution of any other plan of

adjufiment, nor any authority to conclude

any agreement on that Subject, but mcrtly

to receive and dilcuis propoMs, that might be made to you on the part of the U. S. and thefe it appears, mufr include a ftipula-

tion on the part of the U. States to relin-

quilii a trade with the enemies' colonics, e

ven in branches not hitherto interrupted by

Bntifli orders for capture, and alfo a tancli

on to the enforcing of an at of congrefs

by the Britifh navy.

Were the way properly opened for formal

propofitions from this government, a known

determination on the part ol his B;itannic

majefty to adhere to Such extraordinary

pretenfions, would exclude the hope ot lucceSs in fuch advances whrther regard be had to the conditions themfelves, or to the difpofition they indicate, in return for the conciliatory temper which has becneinccd by the U. States. As to thedemuwd in relation to the colonial trade, it Ins been the lefs apprehended as it is not in itfelf connected, nor has it eve.- before been brought into conncdVion, ritber with the cafe; of the orders in council, or with that of the Ghtfapeake. -And it was realouably. to be preSumed, if the idea of fuch a condition had in the firft in(lance pioceeded from the erroneous belief that it was not rbjecYionable to the United States, that it would not have been pes lifted in after that error had been afcertaincd and acknowledged. . The other demand could ftill h is have been apprehended, lirlides the inevitable and incalculable abutes incident to Such a licenSe to foreign cruiSers, the liipulation would touch one of thoSe vital principles of fuveieiguty, which no nation ought to have been expected to impair. For wuere would be tlir ditfercnce in principle between authorizing it to make laws tor us? Nor ought it to be Supp Scd that the fancYions and precautions of a law of the U. .States, in the cafes of tiie prohibited trade in queltion would prove inefficacious Sor its purpolcs H d none of thoSe obllulcs prefented themfelves to the coui Se corielponunrg with the Sentiments and diSpoliiions of the prelident, 1 Ihi.'ulvi have felt a great plcfcfine in giving you formal aiTurances of hu readinefs to execute the conditional authority with which he is inveftrd foneftoring in its full extent, as tar as it may depend on the U. tues, the commercial intercouiSc of the, two countries, and that he would moreover be diSpoSrd to extend the experiment of a friendly negotiation to every print of difference and of mutual iutercft between them. IS, indeed, in the event of a Suecefsiu! termination of what relates to the Cafe ot the Chef 'peale, it be thought that a removal of the difficulties aruing tom the irders in council mig lit he tacilitattc! by com: T: hending them in a general n-go.ia-tion,nd the op-ration ot thr ordns cn in the mean time be iufoendtd, thr door ungh.t he coi.fiJereu as immediately open tu tlut coUrSc ot proceeding. 1 i) luih a iuiociihon no feaSotuble ob j-ction can be made, it, as you have lifted, :!ie ordrrs in couu. il p,t).- nuja.hed, leave th: trade of the U States nearly as g'fat a it wruld be without ;hr rxUlenc'e ot lot If otd. rs, io long lVaiue and tiie other poeismall continue tiirir decree, and uiatmuch as a ciikoitinu.incr of tiuir decrees hy thole povwrs contrtlVdly rijui'es an immrdiate and entire rcvucatijii ot the oiueri in couiu d. That a fiiiorifi p of the orders with view to their Iiei g brought into A ruerdl ego i a 1 1 .n, i- m re re .tjn .nir than a te;npary fwmiffinn to thnr authority iv the U. S: t' s i : i ti a: v ie w , ii oS v nus t r,on the rclkctiwn thai luch a lub;:.ili:wu WuulJ i.e-

ncccfTarily involve a reun-

quilbinenc ot the principle

which they have Hecitaiiiy aliened ; whereas a dilcontiil uance of the orders in council in the prefent actual Hate of things would not be iiVcoTipa tihle with the principle on which they were originally founded. 1 Ins principle was, as you

well ki.ow, i iie neceflity of

retaliating thro neutrals in juiies received thro' a violati on of their rights by another belligerent- in the adtual

Jlate of things, and under the atflual modilication of the 01 d ers in council produced by it, it is admitted by you, that the orders have nopraftical fOttfl in abridninrr t lie connhcrce of neutrals, and can ot courle have no. retaliating etlect on the other belligcrentsAltho' it cannot be allowed

to be true that the orders in council are no longer injuri ous to the commerce ot the U- States, it is certainly true that they produce no degree of injury to the. enemies of G. Britain that can countenance the retaliating plea al ieged in fupport of them. What, permit me to afk, is the degree ot injury actually accruing lo the enemies ot G. Britain from her retaliating orders? According to thole orders, as now modified, and more efpecially taking into view along with them, the prohibitory law or this country in relation to France, the e Hernial difference between their repeal and their exill ence coniitls in this; that in the cafe ot their repeal as pledged by the arrangement ot April, the' trade ot the U. S. might be carried on diiecftly with the ports ot Holland ; whillt during their exigence, as at prefent, it is vo be carried on through the contiguous and neighboring ports- To your own calculations, fir, I fubmit whether the incontiderable effect of this circuit on thepricesin Holland and in the eountiies fuppiicd thro' her, can any lorger fuflain the plea of inflicling diflrefb on an enemy, or palliate the injuries dotic to a friend by a proceeding fo contrary to his lentiments of jullice, and which I'uhjc-il !tis regular commerce not only to inconvenient channels, but to all the abule w hie!; may refult from the fuf picions, real or pretended, of iuterelted cruifcrs. You can not but be fenlible, that a perfeverance under inch circum llances in a lyllcm Trhich cannot longer be explained by its

avowed object, would force

an explanation by lome object not avowed. What object might be confidcred as belt explaining it, is an inquiry into w hich L do not permit myfelf to enter, further than to remark, that in relation to the U. States it mu(t be an. illegitimate object. ' ' It remains to make a few oblervations which are du-to the jull interells ot the U. 3. cx w hich are invited by yours relating to the order in council ot May Tail. v Vou feem to conTider that meafurc ascomptiling the uc molt precaution that was in the power of his Britannic

j majefty to take for preventing

lolies, rrom ms ditavowai or

the engagement of your predecellor, to' citizens of the U. Mates who had tefumed their commercial put fuits on the faith of this act. Withpuc entering into a f ull view of the itiadequacy of the order in that relpect, I take the liberty' of pointing out the following iutiances in which it falls effeudally fliort of its declared intention I T he order does not provide for the important cafe of velfels returning with cargoes from the ports of Holland. 2. 1 he exemption from in terruption of velfels bound from the U. States' to Holland was refl tided by that order to fuch as fliould have departed prior to tlTe loth July, at which date it is not certain that the order, which was not officially coilimunicated until the 3 iff ot that month, had even reached any one point of i he U. States ; io that Tome veflels may have failed between the Iimitted date and the arrival of the order in the U. States; and many from dillant ports mcft have done fo after its arrival, but before a knowledge of it had become general ; all prccceding on the faith of the arrangemenr, yet all left by the order expofed to capture and condemnation. 3. The order does not pro vide for the important cale of veflels which had failed on the like faith tor Dutch ports other than thole of Holland. 4 It does nor include in its provifions the extcnlivc lifl ot velfels going indirely fi om the u. states, but tiiretfily from foreign ports to thofe of Hollaiul ; nor vc fills trading entirely from foreign ports to Holland ; and in both the fe initances proceeding on tht" tauh of the arr:n emcnt pro (See lait pge. )