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Relations with Great Britain.

of an official correspondence with the latter Min-which he was authorized to make an arrangeister, and which had been read to the American ment, the arrangement would not have been Minister in London," was the only despatch by made." which the conditions were prescribed to Mr. Erskine for the conclusion of an arrangement with the United States on the matter to which it related.

Mr. Smith's answer to this letter bears date the 19th of October; and I beg your Lordship's permission to introduce from it the following quotation: The stress you have laid upon what you have been pleased to state as the substitution of the terms finally agreed on [in the arrangement of April on the Orders in Council] for the terms first proposed, [by Mr. Erskine.] has excited no small degree of surprise. Certain it is, that your predecessor did present for my consideration the same conditions which now appear in the present document; that he was disposed to urge them more than the nature of two of them (both palpably inadmissible, and one more than merely inadmissible) could permit; and that, on finding his first proposal unsuccessful, the more reasonable terms, comprised in the arrangement respecting the Orders in Council, were adopted. And what is there to countenance the conclusion you have drawn in favor of the right of His Britannic Majesty to disavow the proceeding? Is anything more common in public negotiations than to begin with a higher demand, and, that failing, to descend to a lower? To have, if not two sets of instructions, two or more than two grades of propositions in the same set of instructions; to begin with what is the most desirable, and to end with what is found to be admissible, in case the more desirable should not be attainable? This must be obvious to every understanding, and is confirmed by universal experience.

I suppose, my Lord, that it was impossible to disclaim for the American Government, in more precise and intelligible language than is found in this quotation, all knowledge of Mr. Erskine's instructions, incompatible with a sincere, honorable, and justifiable belief that he was, as he professed to be, fully authorized to make the agreement in which he undertook to pledge the faith of His Majesty's Government. Yet, in Mr. Jackson's next letter (of the 23d of October) to Mr. Smith, he says, "I have. therefore, no hesitation in informing you that His Majesty was pleased to disavow the agreement concluded between you and Mr. Erskine, because it was in violation of that gentleman's instructions, and altogether without authority to subscribe to the terms of it. These instructions, I now understand from your letter, as well as from the obvious deduction which I took the liberty of making in mine of the 11th instant, were, at the time, in substance made known to you. No stronger illustration, therefore, can be given of the deviation from them which occurred, than by a reference to the terms of your agree ment."

Your Lordship will allow me to take for granted, that this passage cannot be misunderstood. Its direct and evident tendency is to fasten upon the Government of the United States an imputation most injurious to its honor and veracity. The charge, that it had all along been substantially apprized,however it might affect to be ignorant, of the instructions which Mr. Erskine's arrangement were said to have violated, had before been insinuated; but it is here openly made, in reply. too, to a paper in which the contrary is formally declared by the official organ of the American Government.

"What are the real and entire instructions given to your predecessor, is a question essentially between him and his Government. That he had, This harsh accusation, enhanced by the tone or, at least, that he believed he had, sufficient au- of the letter in which it appeared, was in all rethority to conclude the arrangement, his formal spects as extraordinary as it was offensive. It assurances during our discussions were such as to took the shape of an inference from facts and asleave no room for doubt. His subsequent letter, severations, which necessarily led to the opposite of the 15th of June, renewing his assurances to conclusion. It was preferred as an answer to a me, that the terms of the agreement so happily claim of explanation, which Mr. Jackson proconcluded by the recent negotiation will be strictly fessed not to be authorized by his Government to fulfilled on the part of His Majesty,' is an evident offer at all, but which he chose so to offer from indication of what his persuasion then was as to himself as to convert explanation into insult. It his instructions. And, with a view to show what was advanced, not only without proof and against his impressions have been, even since the disa-proof, but against all color of probability. It could Yowal, I must take the liberty of referring you to the annexed extracts [see C] from his official letters of the 31st of July and of the 14th of August." The declaration, that the despatch from Mr. Canning to Mr. Erskine, of the 23d of January, is the only despatch by which the conditions were prescribed to Mr. Erskine for the conclusion of an arrangement on the matter to which it relates,' is now for the first time made to this Government. And I need hardly add, that, if that despatch had been communicated at the time of the arrangement, or if it had been made known that the propositions contained in it, and which were at first presented by Mr. Erskine, were the only ones on

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scarcely have been advanced, under any conviction, that it was necessary to the case which Mr. Jackson was to maintain; for His Majesty's Government had disavowed Mr. Erskine's arrangement, according to Mr. Jackson's own representa tions, without any reference to the knowledge which this accusation imputed to the Government of the United States; and it need not be stated, that no allusion whatsoever was made to it by Mr. Secretary Canning, in those informal communications to me which Mr. Jackson has mentioned. It was not, moreover, to have been expected that, in the apparent state of Mr. Jackson's powers, and in the actual posture of his ne

Relations with Great Britain.

gotiation, he would seek to irritate where he could not arrange, and sharpen disappointment by studied and unprovoked indignity.

The course which the Government of the United States adopted on this painful occasion was such as at once demonstrated a sincere respect for the public character with which Mr. Jackson was invested, and a due sense of its own dignity. Mr. Jackson's conduct had left a feeble hope that further intercourse with him, unproductive of good as it must be, might still be reconcilable with the honor of the American Government. A fair opportunity was accordingly presented to him of making it so, by Mr. Smith's letter of the 1st of November, of which I beg leave to insert the concluding paragraph:

"I abstain, sir, from making any particular animadversions on several irrelevant and improper allusions in your letter, not at all comporting with the professed disposition to adjust in an amicable manner the differences unhappily subsisting between the two countries. But it would be improper to conclude the few observations to which I purposely limit myself, without adverting to your repetition of a language implying a knowledge, on the part of this Government, that the instructions of your predecessor did not authorize the arrangement formed by him. After the explicit and peremptory asseveration that this Govern ment had no such knowledge, and that, with such knowledge, no such arrangement would have been entered into, the view which you have again presented of the subject makes it my duty to apprize you that such insinuations are inadmissible in the intercourse of a foreign Minister with a Government that understands what it owes to itself."

Whatever was the sense in which Mr. Jackson had used the expressions to which the American Government took exception, he was now aware of the sense in which they were understood; and, consequently, was called upon, if he had been misapprehended, to say so. His expressions conveyed an injurious meaning, supported, moreover, by the context, and the notice taken of them had not exceeded the bounds of just admonition. To have explained away even an imaginary affront would have been no degradation; but when an occasion was thus offered, to qualify real and severe imputations upon the Government to which he was accredited, it could scarcely be otherwise than a duty to take immediate advantage of it.

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Majesty's Government is called in question, to vindicate his honor and dignity, in the manner that appears to me best calculated for that purpose."

To this, my Lord, there could be but one reply. Official intercourse with Mr. Jackson could no longer be productive of any effects that were not rather to be avoided than desired; and it was plainly impossible that it should continue. He was, therefore, informed by Mr. Smith, in a letter of the 8th of November, which recapitulated the inducements to this unavoidable step, that no further communications would be received from him; that the necessity of this determination would, without delay, be made known to his Government; and that, in the mean time, a ready attention would be given to any communications, affecting the interests of the two nations, through any other channel that might be substituted.

The President has been pleased to direct that I should make known this necessity to His Majesty's Government, and, at the same time, request that Mr. Jackson be recalled. And I am particularly instructed to do this in a manner that will leave no doubt of the undiminished desire of the United States to unite in all the means the best calculated to establish the relations of the two countries on the solid foundations of justice, of friendship, and of mutual interest. I am further particularly instructed, my Lord, to make His Majesty's Government sensible, that, in requiring the recall of Mr. Jackson, the United States wish not to be understood as in any degree obstructing communications, which may lead to a friendly accommodation; but that, on the contrary, they sincerely retain the desire, which they have constantly professed, to facilitate so happy an event, and that nothing will be more agreeable to them than to find the Minister who has rendered himself so justly obnoxious, replaced by another, who, with a different character, may carry with him all the authorities and instructions requisite for the complete success of his mission; or, if the attainment of this object, through my agency, should be considered more expeditious or otherwise preferable, that it will be a course entirely satisfactory to the United States.

These instructions, which I lay before your Lordship without disguise, require no comment.

Before I conclude this letter, it may be proper very shortly to advert to two communications, received by Mr. Secretary Smith from Mr. Oakley, after the correspondence with Mr. Jackson had ceased.

Such, however, was not Mr. Jackson's opinion He preferred answering the appeal, which had been made to him, by reiterating with aggrava- The first of these communications (of which I tions the offensive insinuation. He says, in the am not able to ascertain the date) requested a last paragraph of his letter of the 4th of Novem-document, having the effect of a special passport ber, to Mr. Smith, "You will find that, in my correspondence with you, I have carefully avoided drawing conclusions that did not necessarily follow from the premises advanced by me; and least of all should I think of uttering an insinuation where I was unable to substantiate a fact. To facts, such as I have become acquainted with them, I have scrupulously adhered. In so doing, I must continue, whenever the good faith of His

or safeguard, for Mr. Jackson and his family, during their further stay in the United States. This application was regarded as somewhat singular; but the document, of which the necessity was not perceived, was nevertheless furnished. The reasons assigned for the application excited some surprise. I have troubled your Lordship, in conversation, with a few remarks from my instruc [tions, upon one of those reasons, which I will take

Relations with Great Britain.

the liberty to repeat. The paper in question states that Mr. Jackson "had already been once most grossly insulted by the inhabitants of Hampton, in the unprovoked language of abuse held by them to several officers bearing the King's uniform, when those officers were themselves assaulted and put in imminent danger."

I am given to understand, my Lord, that the insult here alluded to was for the first time brought under the notice of the American Government by this paper; that it had, indeed been among the rumors of the day, that some unbecoming scene had taken place at Hampton or Norfolk, between some officers belonging to the Africaine frigate and some of the inhabitants, and that it took its rise in the indiscretion of the former; that, no attention to the circumstance having been called for, and no inquiry having been made, the truth of the case is unknown; but that it never was supposed that Mr. Jackson himself, who was on board the frigate, had been personally insulted, nor is it yet understood in what way he supposes that he was so. I am authorized to add, that any complaint or representation on the subject would instantly have received every proper attention.

than nothing. It had not the appearance of an attempt to rectify misapprehension. It sought to put the American Government in the wrong, by assuming that what had given so much umbrage ought not to have given any. It imported reproach rather than explanation. It kept out of sight the real offence, and, introducing a new and insufficient one in its place, seemed to disclose no other wish than to withdraw from the Govern ment of the United States the ground upon which it had proceeded. Its apparent purpose, in a word, was to fix a charge of injustice upon the pastnot to produce a beneficial effect upon the future. In this view, and in this only, it was perfectly consistent that it should announce Mr. Jackson's determination to retire to New York.

The time when this paper was presented will not have escaped your Lordship's observation. It followed the demand, already mentioned, of a safeguard for "Mr. Jackson, his family, and the gen ilemen attached to his mission"-a demand which cannot be regarded-especially if we look to the inducements to which it was referred, as either conciliatory or respectful. It followed, too, the letter of the 4th November, which, had explanaThe other communication-of which the sub- tion been intended, ought undoubtedly to have stance was soon afterwards published to the Amer- contained it; but which, in lieu of it, contained ican people in the form of a circular letter from fresh matter of provocation. It was itself followed Mr. Jackson to the British Consuls in the United by the publication of its own substance in anoStates-seems to have been intended as a justifi- ther garb. On the very day of its date, when Mr. cation of his conduct, in that part of his corre-Jackson, if he meant it as an explanation, could spondence which had given umbrage to the American Government. This paper (bearing date the 13th November) is not very explicit; but it would appear to be calculated to give rather a new form to the statements, which Mr. Jackson had suffered the Government of the United States to view in another light, until it had no choice but to act upon the obvious and natural interpretation of them sanctioned by himself.

It was never objected to Mr. Jackson, (as this paper seems to suggest,) that he had stated that the three propositions in Mr. Erskine's original instructions were submitted to Mr. Smith by that gentleman; or that he had stated it as made known to him by Mr. Canning, that the instruction to Mr. Erskine, containing those three conditions, was the only one from which his authority was derived, for the conclusion of an arrangement on the matter to which it related.

The objection was, that he had ascribed to the American Government a knowledge that the propositions submitted to its consideration by Mr. Erskine were indispensable conditions, and that he did so even after that knowledge had been distinctly disclaimed, and he had been made to perceive that a repetition of the allegation could not be suffered.

I willingly leave your Lordship to judge whether Mr. Jackson's correspondence will bear any other construction than it in fact received; and whether, supposing it to have been erroneously construed, his letter of the 4th November should not have corrected the mistake, instead of confirming and establishing it.

As an explanation, this paper was even worse

not be justified in concluding that it would not be satisfactory, it was moulded by him into the circular address to which I have before alluded; and immediate steps appear to have been taken to give to it, in that shape, the utmost publicity. I have no wish, my Lord, to make any strong remarks upon that proceeding. It will be admit ted that it was a great irregularity; and that, if Mr. Jackson had been particularly anxious to close every avenue to reconciliation between the American Government and himself, he could not have fallen upon a better expedient.

I have now only to add, my Lord, the expres sion of my own most ardent wish, that out of the incident which has produced this letter, an occa sion may be made to arise, which, improved as it ought to be, and I trust will be, by our respective Governments, may conduct them to a cordial and lasting friendship. Thus to endeavor to bring good out of evil, would be worthy of the rulers of two nations that are only in their natural position when they are engaged in offices of mutual kindness, and largely contributing to the prosperity and happiness of each other.

I have the honor to be, with the highest con sideration, my Lord, your Lordship's most obedient, humble servant,

WILLIAM PINKNEY. The MARQUIS OF WELLESLEY.

Lord Wellesley to Mr. Pinkney.

FOREIGN OFFICE, March 14, 1810. SIR: The letter which I had the honor to receive from you, under date of the 2d of January,

Relations with Great Britain.

together with the additional paragraph received on the 24th of January, has been laid before the King.

The several conferences which I have held with you respecting the transactions to which your letter refers, have, I trust, satisfied you that it is the sincere desire of His Majesty's Government, on the present occasion, to avoid any discussion which might obstruct the renewal of amicable intercourse between the two countries.

The correspondence between Mr. Jackson and Mr. Smith has been submitted to His Majesty's consideration.

His Majesty has commanded me to express his concern that the official communication between His Majesty's Minister in America and the Government of the United States should have been interrupted before it was possible for his Majesty, by any interposition of his authority, to manifest his invariable disposition to maintain the relations of amity with the United States.

I am commanded by His Majesty to inform you, that I have received from Mr. Jackson the most positive assurances that it was not his purpose to give offence to the Government of the United States by any expression contained in his letters, or by any part of his conduct.

The expressions and conduct of His Majesty's Minister in America having. however, appeared to the Government of the United States to be exceptionable, the usual course in such cases would have been to convey, in the first instance, to His Majesty, a formal complaint against his Minister, and to desire such redress as might be deemed suitable to the nature of the alleged offence.

This course of proceeding would have enabled His Majesty to have made such arrangements, or to have offered such seasonable explanations, as might have precluded the inconvenience which must always arise from the suspension of official communication between friendly Powers.

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Extract-Mr. Pinkney to Mr. Smith.

LONDON, March 27, 1810. I have the honor to enclose a copy of Lord Wellesley's reply to my letter of the 7th instant, respecting the British blockades of France before the Berlin decree.

I do not think it of such a nature as to justify an expectation that General Armstrong will be able to make any use of it at Paris, but I shall nevertheless convey to him the substance of it without delay.

[Referred to in Mr. Pinkney's letter of March 27.] Lord Wellesley to Mr. Pinkney.

FOREIGN OFFICE, March 26, 1810. SIR: I have the honor to acknowledge the receipt of your letter of the 7th instant, requesting cerning the blockades of France instituted by Great a further explanation of my letter of the 2d, conBritain during the present war, before the 1st day of January, 1807.

His Majesty, however, is always disposed to pay The blockade notified by Great Britain in May, the utmost attention to the wishes and sentiments 1806, has never been formally withdrawn. It canof States in amity with him; and he has, there- not, therefore, be accurately stated that the refore, been pleased to direct the return of Mr. Jack-strictions which it established rest altogether on son to England.

But His Majesty has not marked with any expression of his displeasure the conduct of Mr. Jackson, whose integrity, zeal, and ability, have long been distinguished in His Majesty's service, and who does not appear, on the present occasion. to have committed any intentional offence against the Government of the United States.

I am commanded to inform you that Mr. Jackson is ordered to deliver over the charge of His Majesty's affairs in America to a person properly qualified to carry on the ordinary intercourse between the two Governments, which His Majesty is sincerely desirous of cultivating on the most friendly terms.

As an additional testimony of this disposition, I am authorized to assure you that His Majesty is ready to receive, with sentiments of undiminished amity and good will, any communication which the Government of the United States may deem beneficial to the mutual interests of both

the Order of Council of the 7th January, 1807; they are comprehended under the more extensive restrictions of that order. No other blockade of the ports of France was instituted by Great Britain between the 16th May, 1806, and the 7th of January, 1807, excepting the blockade of Venice, instituted on the 27th July, 1806, which is still in

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Relations with Great Britain.

ally at an end, being merged and comprehended in an Order in Council issued after the date of the edict of Berlin. I am, however, about to try to obtain a formal revocation of that blockade, and of that of Venice, or at least a precise declaration that they are not in force. As it will not be possible to obtain either the one or the other very soon, if indeed they can be obtained at all, I will not detain Mr. Lee, but will send you another messenger (Mr. Craig, of Philadelphia) in the course of three or four weeks, with the result of my endeavors. In the meantime, such use can be made of my communication of the 27th ultimo as you may deem advisable. I have the honor to be, &c. WILLIAM PINKNEY.

Mr. Pinkney to Mr. Smith.

LONDON, April 8, 1810. SIR: In a short letter of the 2d instant, by Mr. John Wallace, in the British packet, I had the honor to acknowledge the receipt, on the 31st of last month. by Dr. Logan, of your letters of the 20th January and the 16th February, and to inform you that I had, in consequence, an appointment to meet Lord Wellesley on the 3d.

At the interview which took place in pursu: ance of that appointment, I explained to Lord Wellesley the nature of the powers now confided to me, and, as far as was necessary, the subjects to which they related. The result of the conversation which ensued was an understanding that we should begin with an attempt to settle the affair of the Chesapeake; and, that attempt being successful, that we should proceed to consider next the subject of the Orders in Council; and lastly, the commercial and other concerns embraced by the commission of 1806, to Mr. Monroe and myself. In conformity with this understanding, it was agreed that I should immediately follow up the conference with a note, stating my authority to adjust with the British Government the case of the Chesapeake; and I have accordingly prepared and sent to Lord Wellesley the letter of which a copy is enclosed. I have not since heard from his Lordship, to whom, of course, it now belongs to make proposals.

It will not, I trust, be thought that my letter, which is simply an official notification, in civil terms, of my power to receive and act upon such overtures as this Government may choose to make, goes too far. I have the honor to be &c.

WILLIAM PINKNEY.

P. S.-April 9. I have just received from Lord Wellesley a note, of which a copy is enclosed, inviting me to a conference on Thursday next. (the 12th,) doubtless on the affair of the Chesapeake. I have the honor to be, &c. W. P. [Referred to in Mr. Pinkney's letter of April 8, 1810.] Mr. Pinkney to Lord Wellesley. CUMBERLAND PLACE. (without date.) MY LORD: I have the honor to state to your Lordship, in conformity with my verbal explanations in a recent conference, that I am author ized to adjust with His Majesty's Government

the case of the attack on the American frigate Chesapeake, in the month of June, 1807, by the British ship the Leopard.

It will give me sincere pleasure to communicate with your Lordship on this interesting subject, in such manner as shall be thought best calculated to lead to a fair and honorable arrangement of it, preparatory to the restoration of kindness and beneficial intercourse between the two countries. I have the honor to be. &c.

WILLIAM PINKNEY.

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LONDON, April 9, 1810. SIR: I have, upon full reflection, thought it reciting the French Minister's official statement necessary to prepare a letter to Lord Wellesley, to General Armstrong of the conditions on which the Berlin decree would be recalled, and inquiring whether there exists any objection on the part of the British Government to a revocation (or to a precise declaration that they are no longer in force) of the blockade of May, 1806, and of that of Venice, especially the former. As the answer to this letter (upon which I wish to converse with Lord Wellesley before I deliver it) will not probably be very prompt, I have in the mean time, sent Mr. Lee to Paris. with two let ters to General Armstrong, of which copies are enclosed. I have the honor to be, &c.

WILLIAM PINKNEY.

Mr. Pinkney to General Armstrong.

LONDON, April 6, 1810. DEAR SIR: I do not know whether the statement contained in my letter of the 27th of last month will enable you to obtain the recall of the Berlin decree. Certainly the inference from that statement is, that the blockade of 1806 is virtually at an end, being merged and comprehended in an Order in Council, issued after the date of the edict of Berlin. I am, however, about to try to obtain a formal revocation of that blockade, and of that of Venice, or at least a precise declaration that they are not in force. As it will not be possible to obtain either the one or the other very soon (if, indeed, they can be obtained at all) I will not detain Mr. Lee, but will send you another messenger (Mr. Craig, of Philadel phia) in the course of three or four weeks, with the result of my endeavors.

In the meantime such use can be made of my communication of the 27th ultimo as you may deem advisable. I have the honor to be, &e.

WILLIAM PINKNEY.

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