€3*1 LIBRARY OF CONGRESS DDDDbE13Tfi4 0° A-^ .0* . ■.\s ■^•\v- *^ *jfr/^^^\ - -^-^ o • • -\vff0 '^. Af o.., % • ^ ' • ♦ ^0- V ^ . •^n ' • . * % **^>?^** A aV ..-., ^HV • -^ ^"^ •^l'» ^ o • • ^0^ • V • « ■ • ■^^. • 1 1 1^;-. n .^" bV V ^VS .0 ^^lif^ A- ^ A^ • • • # ^0 yy.^. O > s/ It « TO A .FEDERAL PAMPHLET^ ENTITLED, ^' THE DIPLOMATIC POLICY OF MR. MAD- ISON UNVEILED." S' ' OME zealot, bewildered by the madnc fs of party, or affli^V- -J ed with the Bonapartean brain fever, has lately been pub- lilhing his abfurditieo and his ravings in the Bolton papers, and now in th^ form of a pamphlet they are circulating in the coun- try. Grofs as are the misrcprcfentations it contains — ablurd and unfounded as are its ftatements, it is read by many well- meaning citizens with belief, and many, who do not believe, witji approbation- It feems to have been the intention of the author to fhew, that Mr. Madifon entertains fentiments of inveterate hoftility to Great Britain, and unwarrantable attachment to the poli- tics of France ; that in the late arrangement between this coun- try and Great Britain, Mr. Eilkine was duped ; that our gov- ernment, when they made the arrangement, expected it would be difavowed, knowing it to be contrary to the inftru6\ions of Tvlr- P2.rlkine ; and that there is nothing infolent or infulting in the letters of Mr. Jackfon. In conducting this difcuffion the author has proved the fm- cerity of his intention, at the expence of every thing which ought to be .due to a man of fenlibility and honor. He has wilfully mifreprefented fadts — has difcovered his partiality and malignity by the difcolored ftatements he has made — and has, through the whole manifefted a defire, ever uppermoft in his heart and continually leading him aftray, to find the govern- ment of his country guilty — to degrade it in the eyes of its con- ftituents and the world. Party fpirit has lo long rankled ia his bofom, that it has expelled every noble fcntiment— -dead- ened every patriotic feeling. In this pamphlet, which may in fome refpe^s be confider- ed as an aniwer to the other, it is intended to expofe the erro- neous ftatc ments of the federal writer ; to vindicate our gov- ernment from his unfounded imputation, and by giving a cor- rect difplay of its conduct and principles, to ftrengthen the con- fidence w ith which it has hitherto been di fervedly honored by the people. In doing this the author will not fuffer himfelf to be knowingly milled by the fpirit of party. Infallability is not the lot of human nature, and he will not therefore require the implicit belief of the reader to all liis deductions and opinions, by protefting that the moft rigid impartiality Ihall control his 2 pen. On the contrary, knowing his liabiliij' to err, he invite him to pcrufc with all the watchh-ihitiij ol" a critic, and pals '^ icntcnce with all the Icvtrity of a judge. It would occalloii ' him no little unhappinefs were he, though unintentionally, to | miflcad his ft How citizens. ^ J The firflNo. is nKTcly an introduciion to tVir ferics. The fecond, contains ibme remarks upon Mr. Madilbn's conducl previous to his accellion to the pn.ii'!ency. As our object is to review only that part of the pamphlet which relates to the documents lately publiihicl, we Ihall notice*thcm no farther than to oblerve, that in the latter the writer attributes to Mr. Madifon, motives and prepolle {lions of u Inch no one ever be- fore had th.e hardihood to accufe him. an.d of w hich he has re- peatt^dly, by thefedcrahils themfelves, been declared innocent. Such a commencement furnidies no prefumption in favor of his impartiality or candor. The whole of the third and part of the fourth number is ta- ken lip in attempting to pro\ e, that the- thrt e conditions con- tained in Mr. Canning's difpatch of the 23d of January, were not infulting, as Mr. Canning had a riglit to pre fume they would be agreed to by our government. But how did Mr. Canning become poireired of this right ? By pretending to have underftood, through Mr. Pinkney and Mr. Erikine, that the conditions were agreeable to the prdent adminiflration. That Mr. Canning did really fo underitand MelVrs. Pinkney and Erikine, it is abfurd to fuppole. One of ihele conditions vas that we lliould rtlinquilh entirely the colonial trade ; and according to Mr. Canning, it was Mr. Eifkine who allured him that this condition would be agreed to by our govt rnment : How could a man lb aftute and penetrating as Mr. Canning, funpole that we Ihould r< linc^uilh the direiSl trade w ith the enemy's colonies, when that trade had never been the fubje^t of nerociation, or at leail liad never been interrupted by the Britilh government ? How could he liippofe that we fliould relinquifh more than he liad demanded ? And belides, Mi\ Erskine exprefsly declares, at the clofe of his letter to Mr. Gallatin, that he never had repreleiited to his government that the United States would agree to relinquifli that trade. The fubUance of another condition was, that the American, governinent Ihould repeal the non-intercouiR laws, &g;. as far as tht y related to Great Britain, and leave them in force as far as thev related to France. The federal writer conceives that i Mr. Canning had a right to confider the American govern- ment pledged Xoi\oX\\\^ on Mr. Krskinc's agreeing to revoke the orders in council, Mr. MacVilbn having wlun fecretary of (late dt clared his opinion that lliouid ei^iier of the IxUiger- I ents relax their n llii61ions upon m ntral commerce, the Uni- terl Stages would at once tide with that power againll the other whicl. Ihould crntinueits aggrelTion. This, according to him, amj.unted to apUdge ; " for, lays he, the Prelident and Sen- ate have a right to make treaties which ipso facto become the fapreme laws of the land." — The fccretary of ftate delivers art ' ophiion-^the preficient and lenatc have a right to make treaties — therefore the government is pledged i— i.\dmirable reafoning ! As to the 1 ift condition, uhich is the mod inlulting of all, to wit, that the British navy flionld be permitted to carry into efte^l the lli|)ulations we flionld make, Mr. Canning did not pretend he hud any other reafon to believe it wonld be accept- able to our government, bnt an opinion to that effect which he underftood Mr. Pinkney to exprefs, in an informal converfa- tion witli iiim. Mr. Pinknc y has iliice declared that he never exprefllcl fnch an opinion ; and therefore Mr. Canning is deprived of all the fupport which he intended to reap from his pretences. Every one rauftconftfs thattlie tender of fuch conditions as thefe, wonld be infulting to any goverment, unlefs fome- thinghad taken place to excufe him by whom they were prof- ered. This Mr. Canning knew, and therefore he pretended to have underftood that they would be accepted by our gov- ernment. This pretence, w^e have shewn, was fupported by at least very shallow foundations. *' No point," says the federal writer in his fourth No. *' can be more fully settled, than that a mere letter of credence ap- pointing a man a minister resident or even plenipotentiary, does not of itself include the powir to mtike a treaty." This doctrine, thus expressed, we shall not at present controvert ; but we Ihall contend, that a minister plenipotentiary is a com- petent oflicer to conclude such an agreement as that conclud- ed l3y Mr. Erskine ;-. -an agreement of a transitory nature, which had but one object in view-— that of restoring to each nation the rights which each rcfpectively enjoyed but a short time before it was made. The position intended to be taken is, that a minister plenipotentiary is a competent officer, as far as it concerns the court at which he resides, to conclude an agreement ^ without being specially authorised for that purpofe, by a new com- mission from his sovereign. The minister, for his own fafety and justification, ought to be furnished wish instructions for the regulation of his con- duct ; but if he concludes an agreement without them, that is an aftair between him and his master. It does not con- cern the government with which the agreement was made, A section in Vattel, tlie moft approved author upon the law of nations, authorises an opinion that it requires greater sol- emnities to conclude a treaty than an agreement. *' The pacts, (he observes) with a view to transitory af- fairs, are called agreements^ conventions, and pactions- They are accompliOied by one single act and not by iterated Qaths. These pacts arc perfected in their execuucxi once for 4 aH ; treaties receive a succssive execution, the duration df \vhich equals that of the treaty." By this it sh )uld seem that though Mr. Erskine were not authori!:ed to conclude a treaty, he might neverthekfs have been competent to conclude an agreement. But there is another reason lulVicicnt of itself to (lop the mouthof every friend of England in this country; the Brit- ish government did not itklf suppose that a special commis- sion was necessary. This appears, from their having neglec- ted to furniih their envoy with one, although i' was their wish and intention that he should coiKlude an agreement. They suppofcd that lettersof instruction would be sufficient, and accordmgly sent nothing elese.* Of the same opinion was Mr. Jackson, *' No full power, Ciys he, was given in the present cafe, because it -ivas not a treaty, but tlie materials J or forming a treaty, that was in contemplation." Again-—" In this cafe, Mr. Erskine's in- structions took the place of a full power." By some it is contended that Mr. Smith ought to have de- manded a sight of Mr Erskine's instructions, in order to be certain that they authorised him to conclude the agreement in question. But this would have been improper, and ev( n impertinent. It would have implied a doubt of Mr. Ersk- ine's honesty and veracity,! as he had repeatedly declaied that they did authorife him to do it. INIr. Smith ought to have presumed, as he did presume, that Mr. Erskine's in- structions A\arranted the courfe he purfued. The following extract of a letter from IVIr. Canning to MeflVs. Munroc andPinkney, dated Oct. 22d, 1807, sup- ports the doctrine, that a government ought not to concern it- ielf with the inftructions of the minister with whom it treats. He is fpeaking of the Prelident's refusal to ratify Munroe's treaty. " Some of the considerations upon whicli the refusal of the Prcfident of the United States to ratify the treaty is founded, are Inch as can be matter of difcufiiion only between the A- mencan government and its commililoners ; fince it is not * The case referred to by the federalists, which occurred during the administration of Washington, will be found to be decidedly aij^ainst them if the whole is taken into consideration. In that case Mr. Jcfler-' son, then secretary of state, called, it is true, upon Mr. Hammond the British minister, for the exhibition of his full power, or special commis- sion ; but afterwards /iroi^/Jc(/ to iwi^ociale, thougli Mr. Hammond in- formed him he had no special commission, but only a letter of credence as minister plenipotentiary, and instructions for the regulation of his fier- iicnal co)iduc(. He was therefore precisely in the same situation as Mr. Ersitine. t " It should here be remembered," says the federal writer in his 8th No. " that Mr. Jackson is the representative of a sovereign pow- er, which treats with us oh equal terms, and that to call in question his vcr icity, is to doubt tlie veracity or honor of ^is sove^eigf^.** Was not equal ci edit duetto Mr. Erikini; .* for his majesty to enquire whether, in the conduct of the ne- gociation the commillioners of the United States have failed to conform themfelvcs, in any rcfpect, to tlie inftruciiuns of their governnn nt." We will again make use of Mr. Jackson to support a po- sition we have taken. His authority and that of Mr. Can- ning, what federalist will dare controvert ? In his letter dated Oct. 23d, he obfcryes---" It is not intended to call upon me to state as a preliminary to negociation, what is the whole extent of my instructions ; they must, as I have before said, remain subject to my own discretion." It will, on the slightest reflection, appear manifestly impro- per that a government Ihould pofiefs tl^.c riglit of having the in- structions of a foreign minister difplayed before tliem. By this means, all the fecrets of his cabinet, his whole plan of op- erations, would be disclosed. The government with which he was treating would learn the whole extent of the surren- der he was authorised to make, and obtain his lowest terms.* We have shewn, to the satisuction, we prefuu)e, of every candid politician, That Mr. Erskine was a competent officer, fo far as it con- cerned our government, to conclude the agreement of April last : And that Mr. Smith ought not to have demanded either a fight of Mr. Erskine's instructions, or to know their full ex- tent and purport. " But, fays the federal writer, the actual conditions of Mr. Erskine's instructions w^;-^>^/70=iu7z; audit was known that tl e arrangement violated them." "They were not merely the fubstance, they were the iy/w/^of Mr. Erskine 's instruc- tions." It is disgusting, it is mortifying to be obliged to deal with a man fo destitute of principle and of honor as topublilh such manifest falfehoods. Would to God it were not necessary to expofe them to the people. Gladh, would I relinquish my pen to perform the duties of a parish beadle. Depravity kTs shocking— meannefs lels contemptible, would then prefect itfelfto my contemplation. The thief who stole, the fwindier V'hq cheated, might plead ignorance, poverty and huiiger as a partial excufe : They might not all be destitute of love for their country and refpect for its governmenv. S )rnething- would then exist to alleviate the painful senfations which I Ihould otherwife feel, and which I do feel while viewing the * The doctrine, that a minister ought to disclose his instructions on tlie demand of the power with which he is sent to treat, remiiKls us of a pleasant anecdote of a certain federal character, wlio has sometimes shewn himself upon the political stage, and who fancies he has made many Cau fit ic applications to the republican party. Being wliea young sent by his father to treat concerning the sale ot some property, he was asked by the intended purchaser, what instrucrionn h\s fatlicr had given him. •' My father told me, he replied, to insist upon having twenty dollars, but if you refused to give it, to take fifteen." p;imphlct before me. 1 am now fensihle, that the repu1)llcan editors in Bollon had reason for treating the author in fuch a contemptuous manner. Tile meaning he intends to convey by thefe assertions, if we tal^e them in their moil obvious s-.-nfe, or judge by the de- ductions he makes, is, that our government, when they made the agreement, knew what were Mr. Erskine's instructions, and that he was acting in violation of them. Tiiat this was not the cafe, we have thepofitivc affertion of Mr. Smitli himself, to invalidate which not a particle of evi- dence has been or can be produced. I ihatl here perhaps be told that Mr, Jacklbn lias ftated and Air. Smitii acknowledged, that the three conditions contain- ed in the dcfpatchfiom Mr. Canning of the 23d of January, were communicated. But these conditions were not by any means the ful^ftance, they formed but a small part of the dcfpatch. They were leparatcd from the con- text, and thereby deprived of all the consequence they would otherwise have poiVcfied. In this state of fcpara- tion, dibconnccttd with every thing else, were they commu- nicated, and verbally too, as has been declared in the papers at the foutiiward. Could Mr. Smith, by hearing, or even by reading, tliC cor.diticn;: in such a state^ know what were the whole of Mr Erskine's instructions ? If he could, he must have polllfLd more than luur.an powers-.-he m-ift have pof- {elfcd omniscience. And liad he ponilTed a sulhcient por- tion of that attribute of Deity to know what was the sub- stance of the delpateh of the 23d of January, he might stil! have supposed that other despatches existed, which authorised Mr. Jllaskine to conclude the agreement. Indeed any odier sup- position was impossible, as Mr. Erskine allured him that he was acting in puriuance of instructions from his government, and nothing is more common than for a minister to have two or more sets of inltructions with as many difterent grades of conditions. It may be expected, perhaps, that I should here acknowl- edge th.at, in fact, Mr. Erskine had no other inflructions. But this woukl be needlefsly abandoning a point which can be proved, or at leall fupportcd by very probable evidence. In Mr. Erskine's letter to Mr. Smith, he cxprefsly ftates that, upon this subject^ he actually had other instructions ; and every natural suppofition must corroborate this llate- ment. It could not be suppoled that lie was acting without instruciions or contrary to those he poirircd. In fo doing he mMst have known that he should o.'llnd his fovereign, forfeit hisoflice, and completely destroy his reputation ; and that, to balance all thefe evils, lie had not one advantage or benefit to liope f(jr. With tlicfe prolpects before him, his motives and principles of action mull: hiwc been difierent fiom thofe of ev- ery other mortal, or the fuppoliiion is unreasonable that he acted contrary to his instructions. '7 But, (it will be faid) Mr. Jackson afllrts exprefsly and fol- emnly, that Mr. Erskine had no other inbtiuctionii. At the molt, then, there is aflertion againft aillrtion ; Mr. Jackson against ^Ir. Erskine- -And which Ihall we believe r They are both rcprelentatives of his majdly, " who can do no wrong," and to disbelieve either *' would be to doubt the honor and veracity" of his said majefty. His lionor and ve- racity must therefore be in a very difagreeable predicament, for we cannot believe both. We have a right, however, to take our choice. Shall we believe Mr. Jackson, whose rep- utation has been tarnished by the difgraceful fervices in which he has been employed ; who has no corroborating cir- cymftances to support his declaration ; and who could not know, with pofitive certainty, the truth of what hcalfcrtcd, as he must have depended upon the information of Mr. Can- ning. His evidence, in a court of justice, would amount to nothing but hearsay. Or ihall we believe Mr. Erskine, Vv'hofe reputation is fiir and unblemished ; who has not yet lost the opennefs, the candor, and the ingenuousnels of youth ; to whom the real truth mult be known ; and \vhofe con- duct cannot be accounted for upon any principle by which the actions of man have been heretofore judged, unlefs we fuppofe him to have dated the truth ? No candid man will hesitate an instant. Let us look back to the time when this agreement was made. We may polfibly find fomething to account for all this confufion, this contradiction, this making and un- making of agreements. At that time our non-intercourfe fyllem kept from England a large quantity of the provilions upon which her inhabitants had to that time fed ; it preven- ted her manutacturers from receiving their ufual fupplies of raw materials, and it alfo prevented them from vending molt of the articles they had fabricated. The coniequences were a itagnation of trade, and frequent riots among the diltrelTcd fuljects. Much as it was the interelt of England to prevent these facts from being kno\\'n, they w-ere known on this side of the Atlantic ; and probably not half was^ told us. Only thenmrmurs of diftrels were heard; and with the dreadful example of Ireland before their eyes, what dared the oppref- fed poor of England do more than murmur ? But thcfe mur- murs carried difmay and terror to the hearts of their rulers. Some plan they knew must be contrived to aHeviate the dif- trcffcs of the ptople, or something more terrible than mur- murs was to be expected. While the decrees of France V ere in force, they were too haughty to revoke their orders, and by that means procure the benefits of our commerce. Some other expedient mult be adopted, and probably the follow ing was conceived molt advifeable : To inltruct Mr. Erskine-.-perhaps by fccret inftructions, which he was bound never to reveaJ---perhaps verbally by Mr. Oakley, who \va3 fent from England but a short time before the agreement was nitide-- -perhaps ambiguously, so that the letter wouk! be con- trarj' to the Ipirit — in fome of thtfe ways, to inftruct Mr. Erskine to procure the repeal of our non-intcrcourfe laws, by proniifuig the repeal of their orders. Tluy knew tliat the b'ca would be immediately covered with our veflcls ; that tlicir markets would be glutted with our produce ; that a ready fale would be made of tin ir manufactures, and that the clamors of the laborer, the mechanic, and the merchant would be a|)pcafvd. They night then difavow the act of tlieir miniiler, declare he had acted contrary to his inftruct- tions, and what remedy had we ? We could not recall our iliips, nor was there any court bifore which we could cite them for a breach of contract. Having obtained what ihey fo mucli delired, they could keep alfo the equivalent they had pror.iifcd, and then laugh in fecret at the dexterity with uiiich dley had overreaciied us. Is any thing more probable than this fiippofillon ? Is it not fupportee! by the whole tenor of the Briiiih conduct ? If they la ! no intention of tricking us, why did they in- ftruct Mr i:.ilkine (and only inftruct him) to conclude an a- gre-. nv. nt with us, which according to their prif nt doctrine, would be invalid '»fnot with full power ?-They offer no rt afon, imlepend( nt of the pretended violation ot inftri. • ions, for the difavoual ot the agreement, but that it would compel them to *' facrificc a yreat fvftem of policy acted upon in retaliation of the unprcccoented modesot'hoftility rtfortid to by the ene- emy." But this facrifice, by which is meant the repeal of of the orders in council, Mr. Ei ftiine was actually inftructed to make. They had therefore contemplated it, if they were fincere in their defpatchei to him. To shew tluit it was really known here, at the time the a- greement was made, that Mr. Erfkine had violated his in- ftructions, itis ftated, in No. 5, to furoe been reported, diat A^r. Gallatin, Mr. Seaver, and Mr. Prince, all reipictable re- publicans, declared, before the news of the difavow al had reached this country, that " they feared the agree ment would not be ratified, as Mr. Eift^ine had exceeded his powers." IVlr. Prince lias publicly and l^)lenml5 contradicled the re- port, as far as it regardeei him, and tiie other two would undoubt- edly do till fame could they condelcend to notice it. As an argunaentto prove that our government was not fin- cere in making the arraimemenc w ith England, the w riier, in No. 6, adverts to the appointment of Mr. Adams, as miniiler plenipotentiary to Uuffia. Aecordihg to iiis do<^\rine, a neu- tral power ought not to have a minister at die court Qi\oiie bel- ligerent, ifihe is on terms of amity with another Of courfe then, if we defire to keep on amicable terms w iih England we rtught to rccal our miniiler from France. This is too flimfy, too childifh to need ri/utaiion. It i^ (luotcd merely lo ihcw to what kind of reafoning the writer is obliged to refort, and what is the extent of his intelleclnal faculties- *' Grtat Britain would liave a right," fays the federal writer, " to ha\'e rf-fufccl lo ratify the agrecmt nt, even if Mr. Erfkine hi'.d purfutd his infl; ii^lions, btcaiifehe was not invefled with a full power." _ Si -all not a government then be bound by an agreement which they have inllruCled their envoy to make, becaulcfrom their own intentional negletl, he is notfurniHi- ed Vv'ith full powers? The nioil ignorant and iUiterate will at once lee the ahfurdity of this doctrine. In the pami)hlei before us, reference is made to the rejctSlion cf the treaty concluded by Meflrs. Munroe and Pinkney, and this circumftance infrequently adduced to fliew that our gov- ernment had once exercifed tliat power which they now deny to odiers. But there is a total dillimilarity in the two cafes. Our minifters, when the y iiiinc d the treaty, declared they were a<5\i(ig contrary to their inftruCtion-., and that their government ought not to be confi.'eiC, or that of her reprefentatives, that this ftate of tilings was created, flie and not we ought tofufRr the confcquences. And what "reafons Itrong and folid" has file adduced to juftifv the a6\ of difavowal ? The only one offered by Mr. Jackfon is the follo\ving--that the agreement *' involved the facrifice of a great fystem of policy a61ted upon-in retaliation of the unprecedented modes of hoftility reforted to by the ene- my.*' On confulting the letter of Mr. Smith to Mr. Pink- ney, it may be feen how much would have been facrificed. '' Under the orders in council," fays Mr. Smith, *' all the ports of Europe, except France including the kingdom of Ita- ly and Holland, with their dependencies were opened to ottr commerce . 10 -- ■ — ' •* Under the arrangrment oi" April, combined with our act of non-intercom fc, all the ports of Europe, except France and her dependencies, including the kingdom of Italy, would have been opened to our commerce. *' The ditterence then is reduced merely to Holland, and that again is reduce d to the (difference be tween a dire (St trade to the ports of Holland, and an indirect trade to Holland through the nriuhboring ports of Tonningen, Hamburgh, Bremen and Embden." All the fcicrifice, the reforc, which Great Britain would have made, would have been the p( rmitting of Holland to enjoy a to prove the truth of the impuTation, and this feems to I le the grand obj^^t of the Eritilh anib.iffidor and his friends in this country. Dcfirable indeed riinlt l:)e the object to them, as they would then enjoy the pleafure of having exonerated the Britilh Government fiom thi charge of bad faith, and attached the ftigma to our own. 0;» this fnbjedl vve have pointed out the faltity of their reprcfentations ; but were they true — weie the inllrutlions of Mr. Etlklne a^lualiy knf)wn to our government — Hill he had no right to pediil in his inlinuations after they had been de- clared inadmiffible. It was not confiftent with the lefpe^Sl which is due Irom a foreign minifter to the government near ivhich he refi les. Of this opinion is Mr. Dana, the leader of the federal parly in Congrefs. In fuch a cuie as this, faid he, I would not enquire whetner the iniinuation is well or ill foun- ded. It is fufficient that a difgraceful imputation has been caft upon the government of my countr3^ The imputation, had it not been perfiftedin, wasagrofs, inexcufable infult. it was like one man accufmg anodier of the knowledge of a ceitain fa6t, when both paities were ienfi- ble that if he did know it, he was a fcoundrel. The place where the imputation firft appears, is in Mr. Jackfon's^r^/ letter. Here, as well as at Copenhagen, he entered immediately upon the tafk affigned him. His words are — " I obferve that in the recortis of this miflion there is no trace of a complaint, on the part of the United States, of his majefty having difavow ed the ail of his minifter. Y(^u have not, in the conferences ve have hitherto held, diftin6\ly an- nounced any fuch complaint, and I have leen with pleafure in this forbearance on your part an inftance of that candor which I doubt not will prevail in ail our communications, inasmuch as you could not but hci'ue thought it unreasonabld to complain ef the disavaowl of an act done under such ciViCXSUZTAi^- c'E.s as could only lead to the consequences that haiic actually followed'''^ To what circumstances does he here allude ? Evidently to the knowledge which it is pretended our governnjent poflefs- ed, that the act disavowed was contrary to Mr. Erfkine's in- ftru6\ions ; as fuch a circumftance, and such only^ could make it unreasonable for our government to complain. Mr. Smith undoubtedly alludes to this pallage when he ob- ferves, in his letter to Mr. Pinkncy, that " it was in the out- fet perceived, that it was the obje6l of Mr. Jackfon to bring OS to refume the fubje^l of the ajrangenieut of April, in a way 12 that woulrl implv that we were aware that the arrangement was not binding on his government, becauie made \n ith a knowl- edge on our part, that Mr. Erlkine hdd no auihority lo make it." In Mr. Jack{on*s firfl letter occurs alfo the following decla- rations. " It is my duty, lir, loK mnly to declare to you and through you totlie prefident, that the d\fpatch from Mr. Can- ning to Mr. Erfkine, iv/iic/i you /uwe made the basis of an cf- Jicial correspondence with 'ihe latter minister, and which was read by the former to tlic American rninilter in London, is the only defpatch by which the conditions were pre (bribed to Mr. JLitkine for the conclufion of an arrange- meiit with this country on the matter to which it re- lates." Here Mr. Jackfon aflerts, that Mr. Smith had made a cr- taln defpatch (to wit, Mr. J^rfkine's inllructions) the b^ilis of a correfpondence wit/i the latter Mniister. How could he liave made it the basis ot a correfpondence without leaving feen it or known its contents ? 1 ckfy that party, ixsliich encircles all the talents in the union, to produce a man who can convey an iniinuation in llronger language than this. If this infmuation was so oifLufive, \vhy, it may be asked, was not Mr. Jackf 3n immediately difmilled r To excufe the repeated forbearance of our government, Mr. Smiih thus writes to Mr. Pinkncv : *' In the lird inftance it \\as deemed bcft rather to rcptl his obfervations argumentativcly, than to meet them as an oftln- iive infmuation. This fprbearance had not theexptci^d tfiliil of reilraining him from a repetition of the offence. And e\ en on his further inhnuations, nothing further was done than to premonish him oUhe inadmiifibility ol fo ind( corous a courfe of proceeding. This alfo being without effect, nothing re- mained but the step that was finally taken. And there \\as the less hesitation in shutting the door to further opportimi- ties for infulting insinuations, as the disclofure he had made and the spirit of his difcussions had fo entirely Ihut it to the hope of any favorable refult from his million. "_ In confequmce of this fpirit of forbearance with which our government was actuated, Mr. Smith, witiiout noticing the exprelTuji-ss of Mr. J.ickson ati infulting, wrote to him as fol- lows in his next letter : "The declaration tliat the despatch from Mr. Canning to Mr. Krskine of the 23d of January is the onlv despatch by which tiie conditions were prefcribed to Mr. Erskine for the conclusion of an arrangement on the matter to whicli it re- lates, is now for llie first time made to this government. And I need hardly add, tliat if that despatch had been communi- cated at the time of the arrangement, or if it had been knoivn that the propositions contained in it, and which were at first presented by Mr. Krskine, were the only ones on which he 13 was autliorised to make an arrangement, tlic nrrangcmcnt Mould not have been made." It might reasonably have been siippoRd tliat Mr. Jackfoa would now desibt from insinuating v.'hat our Jiovcrnm-nt naU thusptremptorily denied, but in his next letter we find the foUovv'ing : *' I haveno hcfitatlon in iafo-ming you, that his majesty was pleased to di^avov/ the agreement conciudt:d betweert ycu and M? . Krfl^ine, becaufe ii was conciu.k:d In "ciolation of tbjt gc.'itiemon's instructions, and ako.rciher \* itriout auUior- ity to subscribe to the terms cfit. T/'use instructions ^ I now underftand by your letter, as well as by the obvious deduct- ions which I /, that in which the condi- tions were prescribed to Mr. Erskine. It u as this part, and this only, whicli ^vas violated. And certainly it could not be faid that the inltructions were communicated in fubftance, if that part was withheld, which in this (li-icuflinn is all-impor- tant, as it is the only one in which they fuffered violaiion. But enough of this quibble. 1 v. iil now quote a part of the laft paragraph of Mr. Smitih's next Itter. " It would be improp T to conclude the few observations to w^hich I purpofjly limit myself, without adverting to your repetition ofa language implying a knowledge on the part of this government ttiat the inftructions of your predecessor did not authorise the arrangement formed by him. After the ex- plicit and peremptory afleveralion that this government had u ■ II : 1 nofuchknowlerlgp, and that wiih buch a knowledge no such arrangement would have been tntered into, the view vviiich you have again pr sented of the labject, makes it my duty to appriic you, that fuch insinuations are inadniffi'jle in the intercourse of a foreign ministtr witli a government that un- derllands what it owes to i:selt." Wlicn Mr. Jack:.on hal read vhat we have jufl quoted, he iriust have known tliat our government und* iftojd iu..i to in- fiauate that they were acquaiiited with Mr. E llvine's want ol power to conclude the arrangement ; and n>ull have dis- covered that this infmaatim was l)ighly off. nsivc to them. If lie was not correctly underilo'jd, why did lie not explain his meaning? That would have been his m^il obvious course, and the only one which he coukl witn propriety have taken But lie did not do it, and by n. glecting it, he admitted unequivocally rhnt our government underilood him a^ he in- tended thcij should. Inltead of any attempt to explain away the meaning which he knew had been attached to his expr'^fiions, he plumply ad- heres to it in the follo'.ving moil mfolent and insulting para- graph, which alfo is the lall paragraph of iiis next letter lo Mr, bmith. " You will find that in mycorrefpondence widi j^ou, I have carefully avoided drawing concluiions which did not nec^rlfari- ly follow from the premifes advanced by me, and least of tdl should I think of uttering an insifjuation ivbere I could not substLintiate a fact. To facts, inch as I have l>ecome acquani- iv.iS with them, Ikanje scrupulously adhered, and in so doing I must continue, \vh! never the good laitn of his mujefty's g«)v- ernmtnr is called in question, to viadicute its honor and dig- nity in the manner that appears to me best calculated for th.it purpose."^* Base, degenerate and Ilupid mnft be that American, who can read this paragraj^h with coinpufure— mean and spiritless that government which colli! fuffer an insult such as this to pafs with impunity. Tliank God, we hav.' rulers who have knowledge and feeling, and who are notdisptjfed to be trodden under foot by an upllart minion of that king whom once we hjve beaten. We have now, wc presume, satisfied all, except those \\ ho will not see or cannot ieel, that Mr. Jackson most grofsly in- fuited our government ; and of course that sulncieiit reafon cxilled for his ilifmiffil. In the eighth and ninth numl.icrs the writer attempts to shew tliat Mr. Smit'.i ?7iade use of language indecorous and oifeniive towards Mr. Jiekson. ILid we lime we would ex- pofe the many distortions of meaning and misreprc sentations of facts, wliicli they contain; but as uc have not, we will content ourstivrs with observing, rliat Mr. Smith would have been conlidered tame and spirillefs had he not made use of 15 £)me severity in his replies to M\. Jackfon's insults ; and timt thtfc nunilxrs furnish additional evickiicc of the writer's inveterate enmity to our government, and partiality in favor of the Britiih. He will hardly allow that Mr. Smith Hated a iiiigle truth in the whole coireljiondencc, while his dearly Lx--* loved Jackfon nuift not tje suipectt.d of uttering a falfehood. The perusal of these numbers would do moie good to the re- publican caufe than any remarks we are able to make. The cloven foot is hi re too manifesd> difplayed to efcapeoblorvation. In his ninth number the writer completes his obXrvations upon thecorrefpondencc !x;tween M .Smith and iVlr.Jackftm, Bat before we quit tne fubject we v\ould enquire, wheth- er tliere was the leaft probability that Mr. Jackfon, had he not been difmiffed, would have made any ac|juIlment,on reafonai:)le terms, of thediflf rences between tlte two countries. 'I'his inquiry will be (hort, as we have already tranfgrefied the bounds we at fiiftpreferibed toourfelves. In regard to the orders in council, he had not, he obfervec!, any propofals to make; he was only authorifed to receive and difcufs iuch as our Kovernment might think proper to make to him, and evtnfua/Ii/ to conclude a ireaty between the two na- tions. In the event, we prefume, of our furrendering the right to trade with her enemies ; and with mis right a portion of our fovereignty. That thefi:* are the evi nts to which he alludes is evident from the documents. In Wis letter of the S'h of Nov. he fays, that '* it is unqueftionably true that before the orders in council can be re>'oked, their objc6l muft be obtained in fome othf r way.*' And in what other w ay can it be obtained, than by inducing us to relinquilh tl^e right to trade with the enemies of Great Britain ? Art! thir> r< linquifliment, accord- ing to Mr. Cannir g, would be" perf..e\iy nugatory," u'llels we alfoconf nted that Grea^-Britain iliould have tho liberty of enforcing, wi'h her navy, the ftipula'aons we ihould make. Would terms like thefc be reafonable. As to the affair of the Chefapeake, Mr. Jnckfon was in fa6t authorifed to make propofal:> ; and grofslj infolent and infult- ing were thefe propof.ils. In the hi ft place they wert; fuch as ive had once before peremptorily declined accepting. A t -n- der of them a fecond time muft therefore have been highly provoking to our government. In another rcfptct they were infuhing. The y cont. mplatedl the acknowledgement on nur part that the firll ft' p had l3cen made by us- This he mnft have known would not be done. He muft have known diat our government wriild not, by any at\ whatever, purchase the reparation of a moft outrageous aggrefiion. In yet another refpcct they were infulting and inadmiflible. They exprefted his Majefty's wiliinqnt (s " to reftore the men taken on board the Chefapeake, but ref rved to him the ric^ht of claitrsing tlie difcharge of fuch of them (if any) as Hull be 16 proved to be (lt-f( rtcrs xrom his Majt-fty's fervice." The Cic- nomination of dtfcrUTS includes all Ilich American citizens 'ds hatl been imprillld l)y the B. itilh, or iiad cnlifted in their IvTvice. If therefore we Irad agreed to thefc propofals, al- tliOLigh the men were real American citiziis, and had per- haps been impreiT-d, we mull neverthrLfs have returned them, if 't could be proved that they had ever deferted from the Britilh fervice. In doins tiiiswe Ihould have furrcndcr- fed a point w hicli the Engliih knew we had contended for as ihe si/ie qua non of a tn a*y. In the laws of England on this fubjed^ there is fomething firangcly ahfurd and unreaf )nable. According to them ihe has a right to every E.iglilh nan wherever found and however long lie may have been abfent from his country, and alio to cveiy American who \\\^ ferved two years in her navy. If tlvn fore an Er.glilh nan hasf.rved forty years in our navy, ilie has IVilLa right to imprtfs him ; but if one of our citizens has ferved only nw years in her navy, u'^ have no right ever to demand liim. 'ilieu' propofals beincr the only ones that Mr. Jackfon was audioriled lo make, and being thus inf lent and infuUing in th( ir narure, coulH it have been expelled that any good would refuli from his milTion ? 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