§ No. I.—DISPATCH from Mr. Secretary Canning to the hon. D. M. Erskine; dated Foreign Office, 23rd Jan. 1809.
882§ Sir; If there really exist in those individuals who are to have a leading share in the new administration of the United States, that disposition to come to a complete and cordial understanding with Great Britain, of which you have received from them such positive assurances; in meeting that disposition, it would be useless and unprofitable to recur to a recapitulation of the causes from which the differences between the two governments have arisen, or of the arguments already so often repeated in support of that system of retaliation to which his majesty has unwillingly had recourse.—That system his majesty must unquestionably continue to maintain, unless the object of it can be otherwise accomplished.—But after the profession on the part of so many of the leading members, of the government of the United States, of a sincere desire to contribute to that object in a manner which should render the continuance of the system adopted by the British government unnecessary, it is thought right that a fail-opportunity should be afforded to the American government to explain its meaning, and to give proof of its sincerity.— The extension of the interdiction of the American harbours to the ships of war of France as well as of Great Britain, is, as stated in my former dispatch, an acceptable symptom of a system of impartiality towards both Belligerents; the first that has been publicly manifested by the American government.—The like extension of the Non-importation act to other Belligerents is equally proper in this view. These measures remove those preliminary objections which must otherwise have precluded any useful or amicable discussion.— In this state of things, it is possible for Great Britain to entertain propositions, which, while such manifest partiality was shewn to her enemies, were not consistent either with her dignity or her interest.—From the report of your conversations with Mr. Madison, Mr. Gallatin, and Mr. Smith, it appears; 1st. That the American government is prepared, in the event of his majesty's consenting to withdraw the Orders in Council of January and November 1807, to withdraw contemporaneously on its part the interdiction of its harbours to ships of war, and all Non-intercourse and Non-importation acts, so far as respects Great Britain; leaving them in force with respect to France, and the powers which adopt or act under her Decrees; 2dly. (What is of the utmost importance, as 883 precluding a new source of misunderstanding, which might arise after the adjustment of the other questions). That America is willing to renounce, during the present war, the pretension of carrying on in time of war all trade with the enemy's Colonies, from which she was excluded during peace; 3dly, Great Britain, for the purpose of securing the operation of the Embargo, and of the bonâ fide intention of America to prevent her citizens from trading with France, and the powers adopting and acting under the French Decrees, is to be considered as being at liberty to capture all such American vessels as may be found attempting to trade with the ports of any of these powers; without which security for the observance of the Embargo, the raising it nominally with respect to Great Britain alone, would, in fact, raise it with respect to all the world. —On these conditions his majesty would consent to withdraw the Orders in Council of January and November 1S07, so far as respects America.—As the first and second of these conditions are the suggestions of the persons in authority in America to you, and as Mr. Pinkney has recently (but for the first time) expressed to me his opinion, that there will be no indisposition on the part of his government to the enforcement by the naval power of Great Britain of the regulations of America with respect to France, and the countries to which these regulations continue to apply, but that his government was itself aware, that without such enforcement those regulations must be altogether nugatory; I flatter myself that there will be no difficulty in obtaining a distinct and official recognition of these conditions from the American government.—For this purpose you are at liberty to communicate this Dispatch in extenso to the American Secretary of State,— Upon receiving through you, on the part of the American government, a distinct and official recognition of the three above-mentioned conditions, his majesty will lose no time in sending to America a minister fully empowered to consign them to a formal and regular Treaty.—As, however, it is possible that the delay which must intervene before the actual conclusion of a Treaty may appear to the American government to deprive this arrangement of part of its benefits, I am to authorize you, if the American government should be desirous of acting upon the agreement before it is reduced into a regular form, 884 either by the immediate repeal of the Embargo, and the other acts in question, or by engaging to repeal them on a particular day) to assure the American government of his majesty's readiness to meet such a diposition in the manner best calculated to give it immediate effect.— Upon the receipt here of an official Note, containing an engagement for the adoption by the American government of the three conditions above specified, his majesty will be prepared, on the faith of such engagement, either immediately (if the repeal shall have been immediate in America) or on any day specified by the American government for that repeal, reciprocally to recal the Orders in Council, without waiting for the conclusion of the Treaty; and you are authorized, in the circumstances herein described, to take such reciprocal engagement on his majesty's behalf. I am, &c.
§ GEORGE CANNING.
§ No. II.—NOTE from Mr. Erskine to the Secretary of State of the United States; dated Washington, April 17th 1809.
§ Sir; I have the honour to inform you, that I have received his majesty's commands to represent to the government of the United States, that his majesty is animated by the most sincere desire for an adjustment of the differences which have unhappily so long prevailed between the two countries, the recapitulation of which might have a tendency to impede, if not, to prevent, an amicable understanding.— It having been represented to his majesty's government, that the congress of the United States, in their proceedings at the opening of the last session, had evinced an intention of passing certain laws which would place the relations of Great Britain with the United States upon an equal footing, in all respect?, with the other Belligerent powers, I have accordingly received his majesty's commands, in the event of such laws taking place, to offer on the part of his majesty, an honourable reparation for the aggression committed by a British naval officer in the attack on the United States frigate, Chesapeake.— Considering the act passed by the congress of the United States, on the first of March (usually termed the Non-intercourse act) as having produced a state of equality in the relations of the two Belligerent powers, with respect to the United States, I have to submit, conformably to my instructions, for the consideration of 885 the American government, such terms of satisfaction and reparation as his majesty is induced to believe will be accepted in the same spirit of conciliation with which they are proposed.—In addition to the prompt disavowal made by his majesty, on being apprised of the unauthorized act committed by his naval officer, whose recal, as a mark of the king's displeasure, from an highly important and honourable command, immediately ensued, his majesty is willing to restore the men forcibly taken out of the Chesapeake, and, if acceptable to the American government, to make a suitable provision for the unfortunate sufferers on that occasion. I have the honour to be, &c. D. M. ERSKINE.
§ No. III.—LETTER from the Secretary of Stale of the United States to the hon. D. M. Erskine; dated Department of State, April 17th 1809.
§ Sir; I have laid before the President your Note, in which you have, in the name and by the order of his Britannic majesty, declared that his Britannic majesty is desirous of making an honourable reparation for the aggression committed by a British naval officer in the attack on the United States frigate, the Chesapeake; that in addition to this prompt disavowal of the act, his majesty, as a mark of his displeasure, did immediately recal the offending officer from an highly important and honourable command; and that he is willing to restore the men forcibly taken out of the Chesapeake, and, if acceptable to the American government, to make a suitable provision for the unfortunate sufferers on that occasion.—The government of the United States having, at all times, entertained a sincere desire for an adjustment of the differences which have so long and so unhappily subsisted between the two countries, the President cannot but receive with pleasure, assurances that his Britannic majesty is actuated by the same disposition, and that he is ready, in conformity to this disposition, to make atonement for the insult and aggression committed by one of his naval officers, in the attack on the United States frigate the Chesapeake.—As it appears at the same time, that in making this offer, his Britannic majesty derives a motive from the equality now existing in the relations of the United States with the two Belligerent powers, the President owes it to the occasion, and to himself, to let it be understood, that this equality is a result 886 incident to a state of things growing out of distinct considerations.—With this explanation, as requisite as it is frank, I am authorized to inform yon, that the President accepts the note delivered in the name and by the order of his Britannic majesty; and will consider the same with the engagement therein, when fulfilled, as a satisfaction for the insult and injury of which he has complained.—But I have it in express charge from the President to state, that, while he forbears to insist on a further punishment of the offending officer, he is not the less sensible of the justice and utility of such an example, nor the less persuaded that it would best comport with what is due from his Britannic majesty to his own honour. I have, &c. &c.
§ R. SMITH.
§ No. IV.—LETTER from Mr. Erskine to Mr. Smith; dated Washington, April 18th 1809.
§ Sir; I have the honour of informing you, that his majesty, having been persuaded that the honourable reparation which he had caused to be tendered for the unauthorized attack on the American frigate Chesapeake would be accepted by the government of the United States in the same spirit of conciliation with which it was proposed, has instructed me to express his satisfaction should such a happy termination of that affair take place, not only as having removed a painful cause of difference, but as affording a fair prospect of a complete and cordial understanding being established between the two countries. The favourable change in the relations of his majesty with the United States, which has been produced by the act (usually termed the Non-intercourse act) passed in the last session of congress, was also anticipated by his majesty, and has encouraged a further hope that a reconsideration of the existing differences might lead to their satisfactory adjustment. On these grounds and expectations I am instructed to communicate to the American government, his majesty's determination of sending to the United States an envoy invested with full powers to conclude a treaty on all the points of the relations between the two countries. In the mean time, with a view to contribute to the attainment of so desirable an object, his majesty would be willing to withdraw his Orders in Council of January and November 1807, to far as respects 887 the United States, in the persuasion that the President would issue a proclamation for the renewal of the intercourse with Great Britain; and that whatever difference of opinion should arise in the interpretation of the terms of such an agreement, will be removed in the present negotiation. I have the honour to be, &c.
§ D. M. ERSKINE.
§ No. V.—LETTER from Mr. Smith to the hon. D. M. Erskine; dated Department of State, 18th April 1809.
§ Sir; The Note, which I had the honour of receiving from you this day, I lost no time in laying before the President, who, being sincerely desirous of a satisfactory adjustment of the differences unhappily subsisting between Great Britain and the United States, has authorized me to assure you, that he will meet, with a disposition correspondent with that of his Britannic majesty, the determination of his majesty to send to the United States a special envoy, invested with full powers to conclude a treaty on all the points of the relations between the two countries. I am further authorized to assure you, that in case his Britannic majesty should, in the mean time, withdraw his Orders in Council of January and November 1807, so far as respects the United States, the President will not fail to issue a proclamation, by virtue of the authority and for the purposes specified in the eleventh section of the statute commonly called the Non-in-tercourse-act. I have the honour to be, Sir, &c. R. SMITH.
§ No. VI.—LETTER from Mr. Erskine to Mr. Smith; dated Washington, April 19th 1809.
§ Sir; In consequence of the acceptance by the President, as stated in your letter dated the 18th instant, of the proposals made by me on the part of his majesty, in my letter of the same day, for the renewal of the intercourse between the respective countries, I am authorized to declare that his majesty's Orders in Council of January and November 1807, will have been withdrawn, so far as respects the United States, on the 10th day of June next. I have the honour to be, &c.
§ D. M. ERSKINE.
§ No. VII.—LETTER from the hon. Robert Smith to the hon. D. M. Erskine; dated Department of State, April 19th 1809.
§ Sir; Having laid before the President 888 your note of this day, containing an assurance that his Britannic majesty will, on the 10th of June next, have withdrawn his Orders in Council of January and November 1807, so far as respects the United States, I have the honour of informing you, that the President will accordingly, and in pursuance of the eleventh section of the statute commonly called the Non-intercourse act, issue a proclamation, so that the trade of the United States with Great Britain may on the same day be renewed, in the manner provided in the said section. I have the honour to be, &c.
§ R. SMITH.