which, after alluding to what had previously occurred, added the following

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 negotiation."

On the same day Mr. Smith wrote the following letter to Mr. Erskine

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Department of State, April 18th, 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 authorized me to assure you, that he will meet with a disposition correspondent with that of his Britannick 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 Britannick 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."

To this, on the succeeding day, the following answer was returned by Mr. Erskine

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Washington, April 19th, 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 respective countries, I am authorized to declare that his majesty'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."

On the same day Mr. Smith replied in the following letter

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Department of State, April 19, 1809. "SIR,-Having laid before the President your note of this day, containing an assurance, that his Britannick majesty will, on the tenth 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 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."

In pursuance of this arrangement with the British Envoy, the following document was issued on the same day

"By the President of the United States of America. "A PROCLAMATION.

"Whereas it is provided by the 11th section of the act

of Congress, entitled 'An act to interdict the commercial intercourse between the United States and Great Britain and France, and their dependencies, and for other purposes; that in case either France or Great Britain shall so revoke or modify her edicts, as that they shall cease to violate the neutral commerce of the United States;' the President is authorized 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 supplementary thereto, may be renewed with the nation so doing. And whereas the Honourable David Montague Erskine, his Britannick majesty's envoy extraordinary and minister plenipotentiary, has by the order and in the name of his sovereign declared to this government, that the British orders in council of January and November, 1807, will have been withdrawn, as respects the United States, on the 10th day of June next.

"Now therefore, I, James Madison, President of the United States, do hereby proclaim, that the orders in council aforesaid, will have been withdrawn on the said tenth day of June next; after which day the trade of the United States with Great Britain, as suspended by the act of Congress abovementioned, 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 the seal of the United States, at Washington, the 19th day of April, A. D. 1809, and of the independence of the United States the thirty-third. "JAMES MADISON.

"By the President, R. Smith, Secretary of State."

The news of this arrangement was received throughout the Union with the highest degree of gratification; and the general exultation furnished decisive evidence of the

strong desire of all descriptions of persons and a great proportion of the politicians, to be at peace with Great Britain. In order to adapt the laws to the new state of things, Congress were convened in May following, and in addressing his message to both Houses, the President informed them that it afforded him much satisfaction to be able to communicate the commencement of a favourable change in our foreign relations; the critical state of which had induced a session of Congress at that early period. After recapitulating what had occurred in regard to the arrangement with Mr. Erskine, the message says,

"The revision of our commercial laws, proper to adapt them to the arrangement which has taken place with Great Britain, will doubtless engage the early attention of Congress."

In pursuance of this recommendation the laws necessary for the occasion were passed, and the country was gratified with the prospect of an unshackled and undisturbed prosecution of their commercial pursuits. In a short time, however, intelligence was received, that the British government had disclaimed the arrangement, on the broad ground that their agent had violated his instructions, and that the negociation was carried on, and the arrangement concluded, without authority; and in consequence thereof the minister was recalled. Upon receiving this information, a second proclamation was issued, bearing date the 3rd of August, 1809, by the President of the United States, declaring that the orders in council had not been withdrawn, agreeably to the arrangement with Mr. Erskine, and therefore the acts of Congress which had been suspended, were to be considered as in force.

It has just been remarked, that the arrangement, the history of which has been given, was rejected by the British government, on the ground that Mr. Erskine transcended, or violated his instructions. It is understood to be the fact, not only with reference to Great Britain, but

other countries, for governments to withhold their sanctions from treaties and conventions concluded in this manner. The principle is recognized by our government. And it is perfectly evident that such must be the case, or there would be no security in the negotiations between governments. Like all other acts under delegated authority, it is binding on the principal when performed within the scope of the commission granted to the agent.

An inquiry necessarily arises here, whether our government were acquainted with the extent of Mr. Erskine's instructions, before, or at the time of the negotiation. The dates of the correspondence between the Secretary of State and Mr. Erskine show, that the business was hurried in a very extraordinary manner. The letters on both sides were all written, the arrangement concluded, and the proclamation founded upon that arrangement, was issued in the course of three days. On the 31st of July, 1809, Mr. Erskine communicated to Mr. Smith, Secretary of State, the information that the British government had not confirmed the arrangement; at the same time, expressing the conviction which he entertained at the time of making it, that he had conformed to his majesty's wishes, and to the spirit at least of his instructions. On the 9th of August the Secretary of State addressed a letter to Mr. Erskine, requesting an explanation of some communications contained in a letter from him to his government, respecting conversations with Mr. Madison, Mr. Gallatin, and Mr. Smith, on the affairs of the United States and Great Britain; and after noticing several distinct subjects of inquiry relating to these conversations, he says-"I, however, would remark, that had you deemed it proper to have communicated in extenso this letter, [from Mr. Canning to Mr. Erskine,] it would have been impossible for the President to have perceived in its conditions, or in its spirit, that conciliatory disposition which had been professed, and which, it was hoped, had really existed." Mr. Erskine replied to