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by the public will, but they have no authority to listen to any treaty, or terminate any transaction, which is not founded on the basis of eternal justice. Any other principle of negotiation, without benefiting the empire, would only tend to degrade the Junta, which has entered into the most awful engagement to bury itself beneath the ruins of the monarchy, rather than lend itself to any proposition which shall diminish the honour and independence: of the Spanish people. His Majesty desires that your excellency would state these sentiments to Sotelo, and by the royal order I communicate them to your excel lency for your instruction and compliance. God preserve you.

(Signed) MARTIN DE GARAY.

which would place the relations of Great Britain with the United States upon an equal footing, in all respects 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 ag gression 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 1st 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 instructions, for the consideration of the American government, such terms of satisfac

Correspondence between Mr. Ers- tion and reparation, as his Majesty

kine and Mr. Smith.

No. I.

MR. ERSKINE TO MR. SMITH.

Washington, April 17, 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 anima ted 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 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,

is induced to believe will be accepted in the same spirit of conciliation with which they are proposed.

In addition to the prompt disa-. vowal made by his Majesty, on being apprized 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 conmand, 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, with sentiments of the highest respect and consideration, sir, your most obedient humble servant,

D. M. ERSKINE. The Hon, Robert Smith, Esq. Secretary of State, &c.

No.

No. IV.

and to himself, to let it be understood, that this equality is a result

Department of State, April 17, incident to a state of things, grow

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 desir ous 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 his prompt disavowal of the act,, his Majesty, as a mark of his displeasure, did immediately recal the offending officer from a 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 caunot but receive with pleasure, assurances that his Britannic Majesty is animated 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, VOL. LI.

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ing out of distinct considerations.

site as it is frauk, I am authorised With this explanation, as requito inform you that the President accepts the note delivered by you in the name and by the order of his Britannic Majesty, and will consider the same with the engagement contained 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 forhears to insist on a further punishment of the offending officer, he is not the less sensible of the justice and utility of such an examwould best comport with what is ple, nor the less persuaded that it his own honour. due from his Britannic Majesty to

With the highest respect and consi-
I have the honour to be,
deration,

Sir, your most obedient servant,
R. SMITH.

The Hon. David M. Erskine,

Esq. Envoy Extraordidary, and Minister Plenipotentiary of his Britannic Majesty.

No. III.

MR. ERSKINE TO MR. SMITH.

Washington, April 18, 1809.

Sir, I have the honour of ining been persuaded that the hoforming you that his Majesty, havnourable reparation which he had caused to be tendered for the unauthorised attack upon the American frigate Chesapeake would be accepted by the government of the United States in the same spirit of

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conciliation, with which it was prcposed, 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 re-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 extraordinary 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, so far as respects 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 proposed negociation.

I have the honour to be, &c. &c.
D. M. ERSKINE.

Hon. Robert Smith, &c. &c.

No. IV.

MR. SMITH TO MR. ERSKINE.

Department of State, April 18, 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 existing between Great Britain and the United States, has authorised 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 authorised 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-Intercourse Act.

I have the honour, &c.
(Signed) R. SMITH.

No. V.

MR. ERSKINE TO MR. SMITH.

Washington, April 19, 1809. Sir,-In consequence of the acceptance, by the President, as stated in your letter dated the 18th inst. 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

the respective countries, I am au-
thorised to declare that his Majes-
ty's Orders in Council of January
and November, 1807, will have
been withdrawn as respects the
United States on the 10th day of
June next.

I have the honour to be, &c.
D. M. ERSKINE.
Hon. Robert Smith, &c. &c.

No. VI.

MR. SMITH TO MR. ERSKINE.

Department of State, April 19,

1809.

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dencies, and for other purposes," that "in case either France or Great Britain shail so revoke or modify her edicts, as that they shall cease to violate the neutral commerce of the United States," the President is authorised to declare the same by Proclamation, after which the trade suspended by the said Act, and by an Act laying an embargo on all ships and vessels in the ports and harbours of the United States, and the several Acts ed with the nations so doing. And plementary thereto, may be renewsupwhereas the Hon. D. M. Erskine, his Britannic Majesty's Envoy Extraordinary and Minister Plenipotentiary, has, by the order and in to this Government that the British the name of his Sovereign, declared Orders in Council of January and November, 1807, will have been withdrawn, as respects the United States, on the 10th June next.

Sir,-Having laid before the President your note of this day, containing an assurance that his Britannic Majesty will, on the 10th day 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 dison, President of the United Now, therefore, I, James Madthe Statute commonly called the States, do hereby proclaim that the Non-Intercourse Act, issue a Pro-Orders in Council aforesaid, will

clamation, 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.
(Signed)
R. SMITH.

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have been withdrawn on the said 10th of June next; after which day the trade of the United States with Great Britain, as suspended by the Act of Congress above mentioned, and an Act laying an Embargo on all ships and vessels in the ports and harbours of the United States, and the several Acts supplementary thereto, may be renewed. Given under my hand and seal of the United States at Washington, April 19, 1809, and 33d of the Independence of the United States.

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JAMES MADDISON.
Declare

Declaration of the Emperor of Russia, dated April 25, (5th May.)

The peace between France and Austria, which has long been wavering, is at length entirely at an end. By the last advices, the Austrian troops have entered the Duchy of Warsaw, and the States of Saxony and Bavaria.

It is thus that the flames of war which had been so lately extinguished upon the Continent, have just been rekindled, and, by the force of circumstances, it is necessary that all the powers of Europe should take up arms again..

The preparations for war on the part of Austria were the first cause of this misunderstanding. Russia could not see these with indifference, every means were employed from the beginning to put an end to them: the guarantee of Russia for the integrity of the Austrian States, was even offered, and at the same time it was declared, that in virtue of the existing alliance with France, every attack upon the present order of things would be considered as a violation of the rights stipulated by treaties, which ought to be maintained by the force of arms.Austria not rejecting the pacific insinuations made to her, pretended at first that her measures were only defensive; that they were occasioned only by the fear of the danger which threatened her; that her intention was not to undertake an offensive war, and that she would not break the peace.

Facts have proved of how little value these assurances were. The measures of defence which progressively increased have changed into offensive measures. In the room of the fear that was expressed, ambi

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tious plans have been developed, and the war was broken out by the invasion of foreign states, even before any declaration of war in the accustomed form. Austria, who knew perfectly well the conduct which Russia would hold, under the present circumstances, has determined to renounce her friendship, and rekindle the flames of war even upon our frontiers, rather than desist from her projects.

In consequence orders have been given to the Russian ambassador at Vienna to quit that capital immediately, and it has been declared to the Austrian ambassador at this court, that from this moment his diplomatic functions have ceased, and that all relations are broken off, with him and his court.

Ukase to the Senate, dated St. Petersburgh, May 7, 1809.

It is known to the whole world, with what firmness the trade of neutrals has been protected by Russia, when the powers of Europe were at war; it is known with what valour she has guarded the interests of trading nations in time of peace, against the events of war. Following up this invariable principle, also during the present rupture with Britain, we entertained the fullest hopes that the trade with friendly powers would not be carried on by forbidden means; but as experience during last season has proved to us, that the enemy has found it practicable, by means of neutral vessels, to supply himself with such produce as he stood in need of, and to gain strength by exchanging his own produce, we have at present been compelled to order two vessels to be seized.

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