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\ •/.. VH. No 335]
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ACCOM PAYNING the MESSAGE
PRESIDENT of thk U. STATES.
Mr Oakley, his Majesty’s Se
cretary of Legation, is desired
by Mr. Jackson to state to the
Secretary of State that, as Mr.
Jackson has been already once
most grossly insulted bv the in
habitants of the town of Hamp
ton in the unprovoked language
of abuse held by them to severe.!j
officers bearing the king’s uni- ;
form, when those officers were j
themselves violently assaitedand j
put in imminent danger ; lie con- j
ceives it to be indispensible to the i
safety of himself, of the gentlemen j
attached to his mission, and (•fin;-; |
family during tHe remainder of,
their stay in the U. States, to by j
w'i h special passports!
or safeguards from the Ameiican ;
government. This is the more
necessary since some of the news-!
papers of the United States are
daily using a language v hose on
ly tendency can be to excite the
people to commit violence upon
Mr. Jackson’s person v in con-
he requests that the un
dermentioned names may be in
serted in the document to be
Francis James Jackson,
Mrs. ja kson,
Their thr- e Children,
rjC-harles Oakley, Ksq.
Hu Majesty's Scc'ry of Legation,
Mr. George Ottey,
John P ice,
[Received at the Departin' it ]
es State on the 11th Nov 1809 ]
Mr. OakUy is desired by Mr.
Jackson to sdy to the Secretary oi
' Xbat Mr. Jackson has seen
with much regret that facts, j
.! r i.ai n —poM—n»w»n»?p«:OT’Ji'«. ■
v.'hi.ch it has been his duty to'
state in his official correspon-!
dence, have been deemed by the j
American government to afford a
sufficient motive for breaking off j
an important negcciation and for
putting an end to all communi
cation whatever vtiili the Minis
ter charged by his Sovereign
with that negcciation so interest
in.tr to both nations, and on one
| point of which an answer has
not even been returned to an offi
cial and written overture.
One of the facts alluded to has
been admitted by the Secretary
of State himself in his letter of
the 19ih October, viz. tint the
three conditions forming the sub
stance of Mr. Ersk inn’s original
instruction were submitted to
him by that gentleman. The
other, viz. that that instruction is
the only one in which the coudi
tion’s were prescribed to Mr.
Krskine for the conclusion of an
arrangement 0:1 the matter to
which it related, is known to Mr.
Jackson by the instructions which
he has himself received.
In stating these facts and in
adhering to them, as his duty im
periously enjoined him to do,
Mr. Jackson could not imagine !
that offence would be taken at it!
; by the American government, as :
| most certainly none could be in. |
i tended on ins p us ; but sir cc r«e j
| has been informed by the Sr ere- ‘
j tary of Suite that no farther com- i
j munieations will be received ;
j from him, he conceives he has !
' no a!lernative that is cons;.-,tent
i with the King’s <i.gmty, but to !
| withdraw alley -ther from, the I
’ seat of the. American govern- j
1 ment, and await dvr arrival of ids !
! misjesty’s commands upon the j
! unlocked for turn which has thus j
j been given to his affairs in this j
Mr. Jackson means to make I
Nk w York the place of his resi
Washington, 13th Nov. 1809.
Mr. Smith to Mr. Pinkney.
Department of" State, Nov. 23.
My letters in the corres
pondence with Mr. Jackson, al
read}' transmitted to you, suffi
ciently evince the disappoint
ment that was felt, on finding
that lie had not been charged to
make to this government either
the frank explanations or the
lib ral propositions, which the
occasion manifestly required.—
Instead of this obvious course
of proceeding, it was in the out
set perceived, that his object
was to bring us to resume the
of die arrangement of
April in away, that would imply
that we were aware that the ar
rangement was not binding on
his jrovi rnftient, because made
with a knowledge on our part that
! Mr. Krskine had no authority to
make it, and thus to convert the
responsibility of his government
for the disavowal into a reproach
on this for its conduct in the
transaction disavowed. In the
first instance it was deemed best
rather to repel his observations
SAfpAD AV, DECEMBER 21, 18 no •
I argumemaiiveiy than to meet
I them ns an offensive insinuation.
Thii forbearance had not the ex
pected effect of re; training him
| from a repitilion of the offence.
And even on his further insinua
tions nothing more was done
chan to prejnonish hint of die in
admissibility of so indecorous a
course of proceeding. This al
so being without effect, nothing
remained but the step foully ta
ken. And there was the less
hesitation in shutting the door to
further opportunities for insult
ing insinuations, as the disclo
sures he had made and the spirit
of his’ discussions had so entirely
shut it to the hope oi any favora
ble result from his mission.
I will not dwell on his reluc
tance to give up the uncertain
ties o ! verbal for the precision of
written discussion ; nor on the
manner or the time of his denial
that he had given any room at all
for a statement, which, in order
to guard against the misconcep
tions incident to verbal conferen
ces, 1 had placed before him in
writing, with a request that he
would point out any inaccuracies,
and to which lie did not then ob
-1 jeet otherwise than by intimating
i that he could not have made the
j statement with the particular
i view which seemed to be supposed.
■ is or Will 1 dwell on the various
| instances in which partial cr in- !
i consistent view:-, of the subject ;
I have taken if: act of its real mer- I
! its. rev k may not be amiss to |
• make vmv ob. v ions on the j
'■ correspondence, as it relates to j
I ‘die justif'cation >/' his government 1
; irt having cuw.vouee tee act or;
| his predecessor.
With respect to the orders in !
| Council, the ground'd the disa- !
j vowal is the deference between '
i the arrangement and the printed
d ll paten ol Mr. Uawung to Mi.
Erskine of the 23d January. —
According to this dispatch then ;
the arrangement failed in three j
Istt. In not relinquishing the ■
trade of the United States with i
With respect to this point it is
not necessary at this time to dis
cuss the right of that trade. It is
sufficient to remark, Ist. that as
the trade is admitted to have be
come, in the view o! G. Britain,
of little practical importance,
why lias it been made ' ground
of the disavowal, and, especially,
as important considerations only
could upon principles of public
law have justified a measure of
so serious a character ? 2d. that
as the*colonial trade is a subject
no wise connected either with the
Orders in Council or with the af
fair of the Chesapeake, why has
it been permitted to frustrate an
arrangement relating to those
subjects; and tq those only?—
3d. that as this condition is al
lowed to have originated in a
supposition, that it would be a
preeabie-to the American govern
ment, why has it !*'en oersisted
in after the error was made known '
ov the i epi v.'aCjlUition o* io-.. .
Erskinc to his government, that j
neither this nor the other condi
tions of the dispatch of the 23d
January were attainable here ?
2d. Another point in the dis
patch, and not in the arrange
m ait, is, that the British navy
might capture our trade to ports
prohibited by the United States.
This condition too appears to
have had its origin in a mistake
of your meaning in a conversa
tion with Mr. Canning, as noted
bv vourself, and in an inference
thence 1 deduced as to the disposi
tion of this government. But
this double mistake must have
een brought to light in time t >
have been corrected in die new
mission. In urging.it Mr. Can
ning has taken a ground forbid
den by those principles of deco
rum, which regulate and mark
the proceedings of governments
towards each other. In his dis
patch the condition is stated to
be, for the purpose of securing
the bona fide intention of Ameri
ca to prevent her citizens from
trading with France and certain
other powers. In other words,
K) secure a pledge to that effect a
gains't the mala fide intention of
the United States. And this dis
patch too was authorised to be
communicated in extenso to
the government of which such
language was used. Might it
not have been reasonably expect
-1 ed that such a condition and such
| observations would at least on
I such an occasion have been given
| up by a government willing to
! smooth the way to an amicable
! settlement of existing differen
In his zeal to vindicate his gov
i eminent Mr. Jackson too has at
| tempted a gloss on this most ex
j traordinary idea of calling on a
■ foreign sovereignty, not indeed
to make laws for us, but, what is
t equivalent in principle, to sup
ply a supposed inability to exe
cute them. He calls such an in
| terposition of his government,
i not an execution of the law of
but of a compact bind
j Ingas a public law on both par
ties, and which both would have
a common interest in seeing duiv
executed. On his own princi
ples there ought to be a reciproci
ty, not. only in the execution of
the compact, but in the obliga
tion and interest resulting from
it. Besides where there is a re
ciprocity in compacts between na
if.ns touching attributes of sove
reignty there is alwavs as much
of sovereignty gained as is parted
with, so that there be no loss nor
indignity on either side.
3. 'File remaining point in the
dispatch, not secured by the ar
rangement, is that which requir
ed that whilst ous prohibitory
laves should be repealed as to G.
Britain, they should be left in
force as to France and the powers
adopting or acting under her de
This is the condition which a
lonc properly belongs to the sub
ject, and it is to be remured in the
' first place that the British project,
j of which this condition makes a
| part, contemplated two things in