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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,

Your communications by Lt. Lewis were safely delivered
on the evening of the 8th inst.

As it had been calculated that the interval between the
return of Mr. Rose and the departure of Lt. Lewis would give
sufficient time to the British Government to decide on the


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course required by the posture in which the affair of the Chesapeake
was left, its silence to you on that subject, could not
fail to excite the particular attention of the President; and
the appearance is rendered the more unfavorable by the like
silence, as we learn from Mr. Erskine, of the dispatches brought
to him by the Packet which left England and arrived at New
York at nearly the same times with the Osage. I have intimated
to Mr. Erskine the impressions made by this reserve,
without however, concealing our hope that the delay does not
imply a final purpose of witholding reparation, and that the
next communications from London will be of a different import.
They must at least entertain the real views of the
British Government on this interesting subject.

There was certainly no just ground for Mr. Canning to
expect any particular communications from you on the arrival
of the Osage; unless they should have grown out of such accounts
from France as would second our demands of justice
from Great Britain, particularly the revocation of her orders
in Council. And in imparting to him what you did from that
quarter, every proof of candor was given which the occasion
admitted. If Mr. Canning was disappointed because he did
not receive fresh complaints against the orders in Council, he
ought to have recollected that you had sufficiently dwelt on
their offensive features in the first instance; and that as he
had chosen to make the formal communication of them to
this Government thro' another channel, it was thro' that
channel rather than thro' you that answers to it would be
most regularly given. But it cannot be supposed that his
disappointment was in the least produced by your reserve on
this topic, as indeed is clearly shown by his disinclination to
listen to your suggestions with regard to it. It must have
proceeded as you seem to have understood from some expectation
of proposals having for their basis or their object,
arrangements adverse to the enemies of G. Britain, or favorable
to herself; an expectation contrary, surely, to all reason
and probability under the accumulated injustice which the


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United States are suffering from British measures, and forming
of itself, an additional insult to their just and honorable
feelings. A very little reflection ought to have taught the
British Cabinet, that no nation which either respects itself or
consults the rule of prudence, will ever purchase redress from
one of its aggressors by gratifying his animosity against
another aggressor; and least of all when a suspicion is authorized
that redress is insidiously withheld lest the example
should be followed. The communications and instructions
forwarded by Mr. Purviance who was a passenger in the St.
Michael will enable you to bring the British Government to a
fair issue on the subject of its orders. If it has nothing more
in view than it is willing to avow, it cannot refuse to concur in
an arrangement rescinding on her part the orders in Council,
and on ours, the Embargo. If France should concur in a
like arrangement, the state of things will be restored which is
the alleged object of the orders. If France does not concur
the orders will be better enforced by the continuance of the
Embargo against her than they are by the British fleet and
cruizers, and in the mean time all the benefits of our trade will
be thrown into the lap of Great Britain. It will be difficult
therefore to conceive any motive in Great Britain to reject
the offer which you will have made, other than the hope of
inducing on the part of France, a perseverance in her irritating
policy towards the United States, and on the part of the
latter, hostile resentments against it.

If the British Government should have elected the more
wise and more worthy course of meeting the overture of the
President in the spirit which dictated it, it is to be hoped that
measures will have been taken in concert with you, and thro'
its Minister here, for hastening as much as possible the renewal
of the intercourse which the orders and the Embargo have
suspended; and thereby smoothing the way for other salutary
adjustments.

It appears that the British Government not satisfied with
the general blockade by her orders of Nov. 11th, has superadded


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a particular blockade, or rather a diplomatic notification
of an intended one of Copenhagen and the other ports in the
Island of Zealand; that is to say, a strict and legal blockade of
the whole Island. The Island cannot be much less than two
hundred miles in its outline, and is described as abounding in
inlets. It is not probable, therefore, if it be possible, that a
blockade within the true definition should be carried into
effect. And as all defective blockades whether so in the disproportion
of force to the object, or in the mode of notification,
will authorize fair claims of indemnification, it is the more
necessary that guarded answers should be given, in such cases
as heretofore suggested.

Since the British order of evidently inviting our
Citizens to violate the laws of their Country, by patronizing
on the high seas their vessels destitute of Registers and other
necessary papers, and therefore necessarily smugglers if not
pirates, the circular letter of Mr. Huskisson has made its appearance
in which the United States are named as alone within
the purview of the order. A more disorganizing and dishonorable
experiment is perhaps not to be found in the annals of
modern transactions. It is aggravated too by every circumstance
that could make it reproachful. It is levelled against a
nation towards which friendship is professed, as well as against
a law the justice and validity of which is not contested; and
it sets the odious example, in the face of the world, directly
in opposition to all the principles which the British Government
has been proclaiming to it. What becomes of the charge
against the United States for receiving British subjects who
leave their own Country contrary to their allegiance? What
would be the charge against them, if they were by proclamation
to invite British subjects, those too expressly and particularly
prohibited from leaving their Country, to elude the
prohibition; or to tempt by interested inducements a smuggling
violation or evasion of laws, on which Great Britain
founds so material a part of her national policy? In the midst
of so many more important topics of dissatisfaction, this


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may not be worth a formal representation; but it will not be
amiss to let that Government understand the light in which
the proceeding is regarded by this. I have already touched
on it to Mr. Erskine, with an intimation that I should not omit
it in my observations to you.

The French decree, said to have been issued at Bayonne
has not yet reached this Country. Such a decree, at such a
time, has a serious aspect on the relations of the two Countries,
and will form a heavy item in our demands of redress.
It is much to be regretted at the same time that any of our
vessels by neglecting to return home, and conforming to the
arbitrary regulations of one belligerent, should expose themselves
to the arbitrary proceedings of another. So strong
and general an indignation seems particularly to prevail here
against the Americans in Europe who are trading under British
licenses, and thereby sacrificing as far as they can the Independence
of their Country, as well as frustrating the laws
which were intended to guard American vessels and mariners
from the dangers incident to foreign Commerce, that their
continuance in that career ought to be frowned upon, and
their return home promoted in every proper manner. It
appears by information from our Consul at Tangier that great
numbers of our vessels are engaged in a trade between Great
Britain and Spanish ports under licenses from the former, and
that the experiment proves as unsuccessful as it is dishonorable;
the greater part of them being either arrested in port,
or by French & Spanuh Crisizers.

For a view of our internal situation I refer you to the information
to be collected from the Newspapers and other
publications herewith forwarded. They sufficiently explain
the spirit and sentiments of the nation with respect to the
British and French Edicts, the Embargo, the unexpiated outrage
on the Frigate Chesapeake and domestic manufactures;
and are little flattering to the hopes, if such have been indulged,
that the people of the United States were more ready
to sacrifice the national honor and national rights than to


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acquiesce in a temporary abridgment of their interests or
enjoyments.

As it is extremely important, and the President is particularly
anxious that the Communications to Congress on the
meeting which takes place the first Monday in Nov. should
embrace the fullest and most authentic state of our foreign
affairs, I must request your particular exertions to enable
the present dispatch vessel to return in due time with all the
materials you can contribute for that purpose.

The letters received from you not yet acknowledged are of
Feby 22 & 23—March 15, April 24, 25 & 26 & 27th—May 3d,
9, 10 & 12th.

I have the honor to be
With Great respect and Consideration, &c.