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» r* v»' . .rw* T '*'■'51 rr ■<* *£"i ..f QA'M'iTE. '' V V V / < «/ VOL, l.j WI LM 1 \ : »./i'Ui\. bA'i U ii ; V, .lELEJVtî-iLK IG, 1809. M ». 47 Printed and Published On Wednesdays and Saturdays DY JOSEPH JONES, Vin Market street, a few dooia above the Tî-nkof Delaware. CONDITION'S. I. The Delaware Gazette shall be published every Wednesday and Saturday, on a large folio sheet. II. The price shall be four dollars per annum, exclusive of postage, payable half-yearly in advance. III. No subscription will be received for a shorter period than one year. IV. Subscribers shall have the vigift of discontinuing their subscription at the end of a year from the time of their subscribing, by paying what may be due, and giving notice of their intention. *V. Advertisements, not exceeding sixteen lines, will be inserted four times for one dollar, and for every subsequent insertion twenty cents—longer ones in the same proportion ; but a reasonable discount will be made in favor of » nose who advertise by the •year, half-year, or quarter. VI. All articles of a personal or private nature will he charged as advertisements, and must be paid for before insertion. VII. Advertisements, notices, &e. of all rr. and charitable institutions, within the state of De laware, shall be conspicuously inserted gratis. (jjr* The postage must be paid on all letters and communications addressed to the Editor, through the medium of the Post-Office, or they will not be re c«ivcd. nus DOCUMENTS, Which accompanied the Mtssuyc of the President oj the United Slates. From Mr. Erskine to Mr. Smith. Washington, Aug. I t, 1 iiOp. Sir, 1 have the honor to acknowledge tiie receipt of your letter of the <)th inst. informing mr that you had just received a letter from Mr. Pinkney, inclosing a printed paper, purporting to he a copy of a dispatch to me from Mr. Canning, which states, among other things, • from the report of your conversations with Mr. Madison, Mr. Gallatin and Me. Smith, it appears.' _ " 1st. That tft'&iAnipricajBi.-grtVernrfik'nt is pupated, in tire evttw of his m.rjesty'a. con senting to withdraw the orders in ciuncil of January and November 1 807, to withdraw cou temporatieously on its part, the interdiction of its liatbors to ships of war, and all non-inter course and non-importation acts, so far as re spects Great B'ita'.n, leaving them in Jure-. with respect to France and the powers w idch adopt, or set under, lier decrees. 2d. That America is willing to renounce dti ling tbc present war, the pretension of cany-1 mg on, in time of war, all trade with the ene mies colonies, from which she was during peace. Ily. Great Britain, for the purpose of se curing the operation of the embargo, and tiie hona JiJe intention of America to prevent lier citizens from trading with i'rauce and the pow ers ado; ting and acting tinder the French dc I créés, is to lie considered as being at liberty to H capture all such American vessels as may be ■ found alterejiting [to trade] with the ports of I any of those powers, without wit ch security ■ iur the observance of the embargo, the raising I it nominally with respect to Great Britain, alone I would, in fact, ra se it, with respect to all the I world." ■ The explanations which you request of me I upon that subject, shall be given with candor— ■ and I will proceed, accordingly, to lay before ■ you, an abstract of the communication w hich I I laid before i.is majesty's government relative ■ to the unofficial conversations which 1 had held I with Mr. Madison (then secretary of slate) I Mr Gailalin, and yourself, at the time, and ■ upon the occasion, alluded to by his majesty's I secretary of state (Mr. Canning) in that part ■ oi his instructions to me, of which you inform ■ ute, you have received a piinted copy from I Mr. Pinkney. ■ Upon relet ting to my dispatches, addressed ■ to his majesty's goveininent, of the ad and ■ 'Bit December last, in which these communi 9 rations are tietailed, I conclude tiiat tiie con ■ versations alluded to, must have been held some ■ days previous to that period and were to the H tollowing elicet— ■ Mr. Aladisnn (then secretary of state) is re ■ presented by me to have urged vatious ar<'u I ments, tending io prove that the U. S. had I tried all their efforts to persuade the French ■ government »<> withdraw their unjust restric ■ » on» upon neutral commerce,and that recourse ■ "light have been had to measures of more acti ■ Vl »v and decision against France than mere re I motistrances, but tiiat in the mean time, Great ■ Britain had issued her orders in council, before ■ it was known whether the United States would H wgiuesce m the aggressions of France, anil I '-hei-eiiy rendered it impossible to distinguish ■ "' tween the conduct of the two belligerents, ■ ' V | o hatl equally commuted aggt vssions against ■ U States. ■' c.xuut;::! u ex After some observations, Mr. Madison is sta ted by me, at that time to have added, that as the world must lie convinced that Ameiica had in vain taken all the means in her power to ob tain from Great Britain and Eranee a just at tention to her rights as a neutral power by re presentations and remonstrances, that would be fully justified in having recourse to hostilities with either hclligeient, and that she only hesitated to do so Horn the difficulty ot contending with both —but that she must be driven even to endeav. r to maintain her rights against the two greatest powers in the vvo^d— unless either of them should relax their re strictions upon neutr .1 commerce—in which case, the U. S. would at once side with that power against-rhe other which might commue Us aggressions. That every opinion which he entertained re nia country led him to wish that a good midi-rsntnding should take place between Great Biilain end the Unit ed States, and that bethought that the obvious advantages which v.-.u,,' thereby resi.it to both countries were a lity of his sentiment . These observations, nv.uk, were made to me by Mr. MndG ui about a mont!) after the inteili fit ie sp"< tin^ the beat inlc stifiicierit j.ledge of the si uce sir, ( bv 1-c.vc to rc nee hurl her n re ceived in this country of tile rejection by Iris majesty's govern men. of tiie preq through Mr. Pinkney by the president lor the t moral of the embargo as respected Great Bri ain, up n condition that the orders in cmtti c 1 should be withdrawn as respected the Uni ted States : and his sentiments were as I con ceived, expressed to me in older that I might convey them to his majesty's government, so as to lead to a reconsideration of the proposi tion above mentioned with a view to the adjust ment of the differences upon that subject lie tween the respective countries. But 1 never considered that Mr. Madison meant that the government of tiie U.States would pledge them selves beyond the proposition respect,lur tiie embargo, as above stated—because that was the extent of the power of the president by the constitution of tiie United States. I understood, very distinctly that the obser vations oi the secret..ry ol state were intended to convey an opinion as to what ought and would he tiie courra States, in the event î oit" cil b ill til,a furred, a it inn made two I puiPticd by the United r*i bis mo'Cbiy's ordern in ng withdraw.;. and opinions, vou con*« lilectc-d lroin the tenor of several w lecit i held with you at that pc con verbal ioii nod. With U-spec-' t ) in your letti-r to he contained in a from Mr. Canning," following etcpUnuttoii : in the course of a private interview I had wr!i Mr. G dlalin, (the secretary of the trea sury) he intimated that the non-intercourse ii was then lik-dy to he passed by tiie congr-ss, might he considered as removing portant grounds of difference with Great üt Bain, viz: the non.importation act, as applicable to her alone, and also the president's proclama i ,n, whereby the ships of Great I!>-i lain were excluded fioin the ports of the Uni te! Stales, while those of France were permit ted to einer —but that by the non-intercourse law, both powers w ere placed on the same foot ing. He d:d not pretend to say that this mea sure had been taken from any motives of coii ; ess.on to G. Britain; but as. in fact, those followed, he conceived they might he e nsidvred as removing the two great obstacles to a conciliation. He advaWx-J also to the probability of an adjustment of another important point in dis pute between the two counuies, as he said 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 trust lo being permitted by the French to carry on such trade in peace, so as to entitle tiisin to a continuance of it in time of war. As it may be very material to ascertain 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 1 suppo sed he alluded to the trade from the colonies of the belligerents direct to their mother country, or to the ports of other belligerents, because the right of such trade had been the point in dispute ; whereas, the right to carry on a trade from the belligerents to the United States had never been called in question, and had been recognized by his ma jesty's supreme court of admiralty ; and the terms even upon which such colonial produc tions might be re-exported from the United States had been formally arranged in a treaty signed in London, by the ministers plenipoten tiary of both countries, which was not indeed ratified by the president of tiie United States ; but was not objected to as to that article of it which settled the terms upon which such trade was to be permitted. Such was the substance, sir, of the unofficial conversations which I had held with Mr. Madi son, Mr. Gallatin and yourself, which 1 did not consider or represent to his majesty's gov ernment as intended with any other view than to endeavor to bring about tiie repeal of the lue second point, as stated dispatch 1 beg leave to otiei the Gw t. Vc conseci lient or bu s in con-cil hr shewing that many of the wist »des which had stood in the way of an ami dj list in cut o! the differences between comiti es were already removed, and t! uta f t ■ pro..peer esirted of settling wh it re maned; since the United States luni exhibited a détermina c djle the two ton to res'st die unjust agg-essions upoti lier n iili'ui rights, which was all that v »rear Britain II -,d evt r required ; but I certain ly never received am- assurances from the A tUv-ncun qov.Tnmjiif that they would pledge tbemsd to ado; t the conditions us prelimin u cs, nur did I eve: hold out stick an ex. nss.on io Ins tnjestv's government, having always spited to them that in the event of his tnajes tv -, thinking it ja .t or expedient to.canse h'-s Orders in comteii to be withdrawn that the pro mit U woo d take off tiie etnLar ind, leaving it in open 1 the ; owers v. hicii adonlcd, as «cspcctfd ;ii ist France , L r.n. ir a filed under her decrees ; s vested in him at that time by the tie; U. States i g to the u'dlronty v hir.h aocor: \\ c»jn»rcss very rca* Tnieni oioniai it; between .••d t ■i there v. ; son to expect that a sulisfuctory ariu iii'ght Ire mu le tiptm the po tits of the fra e which I ec. s», ion countre A , t > the tirird condition referred 'o by ymt, sp- c bed in Mr. t'aonu-g's i'u- '.r -ci • os, I have only to remark, that ! never held any conver members of the goveinmciit relative to it, limit :ny or had ever re... saiioti with tin ol the United States, late négociation subject to his majesty's government for rite first fmin, been pn-9 sidération in Mr. Canning's dispa'ch to me of the 2Jd of January in which that i •tested, and is stated to have been assented to by Mr. Pinkney. It would be unavailing, at the p-esent mo ment, to enter upon an " prelens ons set forth in Mi. Canning's letter of instruction ." (which you are pleased to term) extraordinary.'' turned tiie t having, cd to inv cun sc*; on ol* lilt* c.\a;nm j 1 consider't, however, to he my duty to de c'ate that, during my neg which leti to the conclusion of tii - pi o- i i uir.l agreement, I found no reison to bciievc tint any diilicu'tics would occur in the accompiisli ment of the two former conditions, so far as it was in tue power of the presidetr of the United States to accede to the fust, am' c insistently rv.tii the explanation I have before given to the second po.nt: On the contrary I leceivt if agpa rancen through you, tiiat the presidin' would (as i'ar as it was in uis power) with the first condition, anil tiiat there could he no douh. tliçjt th: congress would think it incumbent up on them to against such powers as shouid adopt or act un der the decrees of France as soon astheir actual citui-m with v„ comp t the right of the U. States conduct or detenu-nations upon that subject couid be s- enained—but th .tin the mean time, the president hud not the power, and could not undertake to pledge himself in the formal mummer reqaired to 'hat effect. I received airo asnif,,nc<-8 from , tiiat no doubt could he reasonably enti ruined that a *u linfucto y arrangement might be made in a tic:i :nnd condition the sühn c.t of tit «y po mentioned in Mr. ti.nniu ing to my explanation of it in the for»coiiig part of this letter, but that it would necessarily f an article of a Ire-r-.- in which the various i instructions accotti jt m tensions of the two col;r.'ricu rhoiiM be The third condition yot, errand.-, tinctfy informed me could not be lecog the president, but you a■ i: .I wh. t bad weight in my iniu any great importance fliouiu re at tael a recognit: that a citizen of the United Mates could prefer a complaint to his government on account ol lh; captt re of his vessel while engaged in a trade absolutely interdicted by lite laws of his touii tr y* Under these circumstances, therefore, finding that I could not obtain the recognitions specified in Mr. Canning's dispatch ol the 23d of Janua ry (which formed but une part of his instructions to me) in the formal manner t equired, I consid ered that it would be in vain to lay before the government of the United States the dispatch iu question, which I waa at ti/ertn to have done in extenso had I thought proper. But as f had such strong ground for believing that the object of his majesty's government could bo attained, thougn in a different manner, and the spir it, at least, of my several letters of instructions he ful ly complied with, I felt a thorough conviction upon my mind that I should he actii g in con fmmity with his majesty's wishes; and accord ingly, concluded the lute provisions! agreemen on his majesty's behalf with the government of the U. S. The disavowal of his majesty is a painful proof to me that I had formed an erroneous judg ment of his majesty's views and the intention of my instructions; and i have most sevetely to l iment that an act of mine, (though uniment, on allv) should produce any embarrassments lit the relations be! ween the two countries. It is a great consolation to me, however, to per ceive that measures have been „d ipted by both governments to prevent any losses and to obvi ate any inconveniences which might have arisen to the citizens or sul jects of cither Country from a reliance on the fulfilment ofthat provisional agreement ; and 1 cannot but cherish a hope, that a complete and cordial understanding be tween the two cuimn'ics may be effected. :-lt led. V i-l' ,• Nl l >v lt that vom vh<i not tcc \ l to ; •ny 1: ; because it '.Vthilti ■'0 it'iinnp»! nu I 1 eg leave to . d I tin t it would have given me great happiness to have contributed to so dcsira blc an object, and to offer you the assurantes of the pie.it respect and iriu 1 » consideration with which I remain, sir, your most obedient htimul* scivai.t, D. M. F.ItSKINE. Aon. R jh-rt Sr/ii.'/t, ere. Ike. £c c, * uc. The Sccn-tary of the Trm vni to Mr. Enkinc* Washington, lj:h Augist, 180 J). Sir, I do not believe, that in the can"-' salions we hive had respecting the piai ticability of no ad justment ni the tlitf-rtnces between the United St^-.s and Gieat Britain, diMV.oo ! on- anoth-r. v* e ever have mistin Vet as from Mr. Can nula's im**. ructions Ltely publ -tied t,y our gjfcv-» eminent, tt vvoul 1 see n that some op-ri-.m« are a«ciib.d to several in -inhere of this administrati on, which they did not entertain, it appears ttens-aiy to ascertain whether on any point a misappiehension can have taken plate. 1 will forbear making anv ob-ervadons on what in ti.e instruction» is called the third con dui.in, shire it is not asserted that that inadmis sible proposition u is su •,'.tested at Washington. the points embraced in Mr. Cam. in- 's first proposition h.tinc.i the principd topics of our conversât or.«, relative to the revotât, on of the orders in council. Yet in the manner in which tiiat proposition is expressed, it got-« furrhrr than had beta auggesie.! by the nn nih-'S of »lie a fmi mslrution, it is siilfi .iently evid-nt from tiie proceeding" of cong-e-.s, bath iirei-i,ms and sub sequent hi the imratified agreement of Anti! las*, that the Unite.I States intended to continue the re tnettntss on the commercial inter-nurre v ith Franc.--, while such of her decrees as violated our neutral rU ht« continued it' forte, aru 1 io re move those tcstrietion« in tehitioii tiGr-.t Bri tain, in the event of a r.-vncuLon of tiie orders But th it st.ue of ihi: g«, re!alcd to France, was t • resu't from w.-i mown or nticipatcd by our governtn " t w hen ti.-y authorized un at rangement ; and t was not purposed by us that tiie continua i l. icviursn with Fiance sbon-d he ma--e a con d don of tii t arrangement. V\ hilstnt) r h ■ t sub ject, 1 will am! an observation, thou_ n- 1 immediately ecnr.ected will ti e ob this letter. I think that tiie object of tied pro. po.'it , so fat as it agreed vitl. »our previous undcrsi.amHm.; of the intentions of dus govern ment, hrs been substantially carried into efto t on oar ;iart. It is tme that votir oovetmncct might at the date of the tns'iu■ tint s h ue ex pected from the inci*-iene proceeding« of con gress, that Holla (I would he embraced b) the restrii live kw" of 'he United Suites, no »ever w: s the omis-i .n uO ninal, since Ame lin,-in viss.-ls wers at the time by tlv ,heroes of t rat country refused admiission into its ports but un.'ir the same construction of our 'aws by winch tiie commercial m'erenurse with Iloiland so tur a? Jj'i c:l n it* Not only was pet milted, that with Portugal vvis also rua » dried ns legal in the event ol that country be ing occupied by the British troops in the name of the prince regent. Jt is therefore principally as respects the sc con.l condition which re! ccs to the colonial trade that erroneous inferences might he drawn from the expressions u,ed in Mr. ;-;h the «uhjet t must have been mentiomr! here n-'ident.iily, ir.d only in a tran sient manner ; as il is one to which i paid p-u tu.'ul.ir attention, and on which my opinion had never va it-d, I mink that I can state with pn «ion in what v! instruc :v Alii« nons. Li I have always coLsi c. »lt d must h;*ve if. 1. i never r ; .1«! r:: roanten-ir** Sun*.« u • op m.-.i il that it woi.id be n.o! - e Uni! *r ti . 'îiat^ver nient «.'.îinhtion ol t lie revouad ifj ui! . The two subifuts nected, and i am uonii. tion was never ^uq^rsied eir .er hy any member of t .in arrangement cnuM !)'• dlVitcd only • i n a con'-LÎ'.Tuî w ■ ! : .11 S'i Hit ai!-n.Hi*:t |, :Ufo.i. ;:t t [irise that I sec your government n, oi ly a res stance to the l' itnch vîw rer«, hur t» •*: übaïuionment uf a branch oi* one commerce, as »he price of the revocation oi theot»V-*in touo» oil. This seems to <pve «'i new character to a uiertflurc which had luMetobirc lr*en r.'j)fcs.*nied as an at l of retaliation iclucta;.'.!' :i!, and li.id been riefcniird solely on supposed acquiescence on thcpait of the United Slates in the injuiiou 2. In the event of u treaty embracing id! the points in cfiqiule. and particular!v tii it of im pressments, without which I trim no treatv v- i'i ever tike place, it was m/ opinion, au have certainly expressed it, that if the ori jects of difference were arranged, t ir.g tiie colonial trade would be easily adiusted. t hail considered the principles recogr. / ! in a former correspondence, between Lend Hawke; bury and Mr. King, on the si hject of the c.-ii- nial trade, and subsequemly again adopted in tiie treaty ncgociatcd hy Messrs. Monrce and Pinkney, as a general basis agreed on underdu i rent administrations, by both government', from which neither couid now recede, and s --. . eptihle only of modification as to detail«. '! i • instruction« to our ministers in Loudon on l! : : e iht . ccs of »P c.t her n.Jiion. 1 i IP I L.v uhject had also been published and were know to your government, i therefore '-el'eved i*.v the United btxtes, iti the event of a tic.