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The writings of James Madison,

comprising his public papers and his private correspondence, including numerous letters and documents now for the first time printed.
 
 
 
 
 

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TO WILLIAM PINKNEY.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

TO WILLIAM PINKNEY.

D. OF S. MSS. INSTR.
Sir,

My last was of the 4th inst, and went by a British packet
from New York. I now forward a copy of it.

Congress ended their Session on the night of the 23 inst.
The series of newspapers herewith sent affords a view of their
proceedings subsequent to the communications last made to
you. Some other points are included which throw light on


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the workings of public opinion and the State of public affairs.

You will find that the critical posture of our foreign relations
has produced provisions of different kinds for our greater
security; and particularly that no pains have been spared to
stop every leak by which the effect of the Embargo laws might
be diminished. I refer you also to the report made to the
Senate, by a committee on the documents relating to the
affair of the Chesapeake and on the letters of Mr. Champagny
and Mr. Erskine; and indicating the spirit which may be expected
to influence the future policy of the Country, if kept
under the excitement resulting from the system now pursued
against it.

You will observe at the same time, that whilst a determination
is sufficiently evinced against a dishonorable acquiescence
in the despotic Edicts enforced on the high seas, the United
States are ready to resume their export trade as soon as the
aggressions on it shall cease, and that in a hope that this
might happen during the recess of Congress, the President is
authorized, in such an event, to suspend in whole, or in part,
the several Embargo laws.

The conditions on which the authority is to be exercised
appeal equally to the justice and policy of the two great belligerent
powers which are now emulating each other in a
violation of both. The President counts on your endeavors
to give to this appeal all the effect possible with the British
Government. Genl. Armstrong will be doing the same with
that of France. The relation in which a revocation of its
unjust decrees by either, will place the United States to the
other is obvious; and ought to be a motive to the measure,
proportioned to the desire which has been manifested by
each to produce collision between the United States and its
adversary; and which must be equally felt by each, to avoid
one with itself.

Should the French Government revoke so much of its
decrees as violate our neutral rights, or give explanations
and assurances having the like effect, and entitling it therefore


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to a removal of the Embargo as it applies to France, it
will be impossible to view a perseverance of Great Britain in
her retaliating orders, in any other light than that of war
without even the pretext now assumed by her.

In order to entitle the British Government to a discontinuance
of the Embargo as it applies to Great Britain, it is
evident that all its decrees, as well those of Jany. 1807 as
of Nov. 1807, ought to be rescinded as they apply to the
United States, and this is the rather to be looked for, from
the present administration, as it has so strenuously contended
that the decrees of both dates were founded on the same
principles and directed to the same object.

Should the British Government take this course you may
authorize an expectation that the President will, within a
reasonable time, give effect to the authority vested in him
on the subject of the Embargo laws. Should the orders be
rescinded in part only it must be left to his free judgment to
decide on the case. In either event you will lose no time in
transmitting the information to this Department and to
Genl. Armstrong; and particularly in the event of such a course
being taken by the British Government as will render a suspension
of the Embargo certain or probable, it will be proper
for you to make the communication by a Courier to Genl. Armstrong,
to whom a correspondent instruction will be given,
and to provide a special conveyance for it hither unless British
arrangements shall present an opportunity equally certain
and expeditious.

The suspension of the non-importation Act having expired
without any renewal of the suspending power to the President,
that Act is now and must continue in operation. The
Senate proposed during the last days of the Session to revest
such a power in the President, as a provision for a state of
things which might warrant the exercise of it. In the House
of Representatives the Bill was rejected by a large majority.
The debate will best explain the grounds of the rejection.
Whilst the wrongs which led to that measure continue, it is


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probable that the measure will be continued; especially as
the idea gains force daily, that we are less unripe for manufacturing
establishments than has been supposed, and that
we are admonished by experience to lessen our dependence for
supplies on foreign nations. There is no longer any ground
to apprehend that this Act can be an obstacle to adjustments
on other subjects; the right of the United States to make such
regulations at any time being admitted, and the justice of
them being derived from commercial discriminations actually
enforced by Great Britain against the United States.

From the notification of Jany. communicated in your letter
of Jany. 8th, it seems that every possible variety of blockade
legal and illegal is to be exhausted against our commerce. I
beg leave to refer you to my letter of the 3d June 1806 to
your predecessor and its inclosure for the kind of answer
suitable to such notifications.

Among the documents forwarded, are a few printed copies
of the communications made to Congress as stated in my last.

The letters received from you and not yet acknowledged
are under dates of the 8th Jany. and 2d February.

I have the honor to be &c.