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where, as is now in proof, an engagement to be executed without any such
ratification was contemplated by the instructions given, and where it
had with good faith been carried into immediate execution on the part of
the United States.
These considerations not having restrained the British Government from
disavowing the arrangement by virtue of which its orders in council were
to be revoked, and the event authorizing the renewal of commercial
intercourse having thus not taken place, it necessarily became a
question of equal urgency and importance whether the act prohibiting
that intercourse was not to be considered as remaining in legal force.
This question being, after due deliberation, determined in the
affirmative, a proclamation to that effect was issued. It could not but
happen, however, that a return to this state of things from that which
had followed an execution of the arrangement by the United States would
involve difficulties. With a view to diminish these as much as possible,
the instructions from the Secretary of the Treasury now laid before you
were transmitted to the collectors of the several ports. If in
permitting British vessels to depart without giving bonds not to proceed
to their own ports it should appear that the tenor of legal authority
has not been strictly pursued, it is to be ascribed to the anxious
desire which was felt that no individuals should be injured by so
unforeseen an occurrence; and I rely on the regard of Congress for
the equitable interests of our own citizens to adopt whatever further
provisions may be found requisite for a general remission of penalties
involuntarily incurred.
The recall of the disavowed minister having been followed by the
appointment of a successor, hopes were indulged that the new mission
would contribute to alleviate the disappointment which had been
produced, and to remove the causes which had so long embarrassed the
good understanding of the two nations. It could not be doubted that it
would at least be charged with conciliatory explanations of the step
which had been taken and with proposals to be substituted for the
rejected arrangement. Reasonable and universal as this expectation was,
it also has not been fulfilled. From the first official disclosures of
the new minister it was found that he had received no authority to enter
into explanations relative to either branch of the arrangement disavowed
nor any authority to substitute proposals as to that branch which
concerned the British orders in council, and, finally, that his
proposals with respect to the other branch, the attack on the frigate
_Chesapeake_, were founded on a presumption repeatedly declared to
be inadmissible by the United States, that the first step toward
adjustment was due from them, the proposals at the same time omitting
even a reference to the officer answerable for the murderous aggression,
and asserting a claim not less contrary to the British laws and British
practice than to the principles and obligations of the United States.
The correspondence between the Department of State and this minister
will show how unessentially the features presented in its commencement
have been varied in its progress. It will show also that, forgetting the
respect due to all governments, he did not refrain from imputations on
this, which required that no further communications should be received
from him. The necessity of this step will be made known to His Britannic
Majesty through the minister plenipotentiary of the United States in
London; and it would indicate a want of the confidence due to a
Government which so well understands and exacts what becomes foreign
ministers near it not to infer that the misconduct of its own
representative will be viewed in the same light in which it has been
regarded here. The British Government will learn at the same time that
a ready attention will be given to communications through any channel
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