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duty peculiarly incumbent upon us, to the other experiment, held out in the late act

regard another copy of which is herewith sent.

I will accordingly remark that act, and the disposi-

tion of the president to give it effect, the subject

must communication.

The British government ought not to be insensi-

ble of the tendency of superadding to a refusal of the

general, proposed by France, for mutually abolish-

ing the predatory edicts, a refusal of the invitation.

held out by congress, and it ought to find, in that

consideration, & sufficient inducement to a prompt

and cordial concurrence. The British government

must be conscious, also, of its having repeatedly

stated that the acquiescence, by the United States.

in the decrees of France, was the only justification

of its orders against our neutral commerce.

The

discerity and consistency of G. Britain being now

brought to test, an opportunity is afforded to evince

the existence of both. It may be added, that the

form in which it is prescribed, is as conciliatory, as

the proposal itself is an exceptionable one.

As the act of congress, repealing the late restri-

ctions on the commerce of the United States with

the belligerents. must be unequal in its opera-

tion- in case G. Britain should continue to interrupt

it with France, inasmuch as France is unable to in-

terrupt it materially with her, the British govern-

ment may feel a temptation to decline a course

which might put an end to this advantage. But if

the unworthiness and unfriendliness of such a pur-

suit should not divert her from it, she ought not to

overlook either the opportunity afforded her enemy

of retouching the inequality, by a previous compliance

with the act of congress, or the necessity to which

the United States may be driven, by such an abuse

of their amicable advances, to resume, under new

impressions, the subject of their foreign relations.

If the British government should be disposed to

meet in a favorable manner, the arrangement ten-

dered, and should ask for explanations, as to the ex-

tent of the repeal of the French decrees which will

be required, your answer will be as obvious as it

must be satisfactory. The repeal must embrace

every part of the French decrees, which violate the

neutral rights guaranteed to us by the law of nati-

ons. Whatever part of the decrees may not have

this effect, as we have no right, as a neutral nation.

-to demand recall of them, Great Britain can have

no pretext as a belligerent nation, to urge- the de-

mand. If there be parts of the decrees liable to ob-

jections of another kind, it lies with the U. States

alone to decide on the mode of proceeding with re-

spect to them.

In explaining the extent of the repeal, which, on

the British side, is required, you will be guided by

the same principles You will, accordingly, let it be

distinctly understood, that it must necessarily in

clude an annulment of the blockade of May, 1806:

which has been avowed to be comprehended in,

and identified with, the orders in council, and which

is palpably at variance with the law of nations.-

This is the explanation which will be given to the

French government, on this point, by our minister

to Paris in case it should there be required.

But there are plain and powerful reasons, why

the British government ought to revoke every other

blockade, resting on- proclamations or diplomatic

notifications, and not on the application of a naval

force adequate to a real blockade.

i. This comprehensive redress is equally due

from the British government to its own respect

for the laws of nation and to the just claims of a

friendly power. -rs

gd. Without this enlightened-precaution, it is

probable and may indeed be inferred from the letter

of the duke of Cadore to Gen. Armstrong. that the

French government will draw Great Britain and the U.

States to issue on the legality of such blockades.

by receding to the act of congress, with a condition,

that a repeal of the blockades shall accompany

repeal of the orders in council, alleging, that the

orders and blockades, differing little, if at all, other-

wise than in name, a repeal of the former, leaving

in operation the latter, would be a mere illusion.

If it were even to happen that a mutual re-

peal of the orders and decrees could be brought

about without involving the subject of blockades,

with continuance of the blockades in opera-

tion how can the U. States be expected to forbear

an immediate call for their annulment, or how long

would it probably be before an appeal by France

to the neutral law of impartiality would bring up

the same question between the U. States and Great

Britain and from whatever circumstances the is-

sue may arise the impossibility of maintaining

the British side, with even a colour of right or

consistency may be seen in the view taken of the

subject in the correspondence with Mr. Thornton

which is already in your hands

aforement should accede to the

act of congress, by repeal-

ing or so modifying its edicts, as that they will

not violate our neutral rights, you will trans-

mit the repeal, properly authenticated, to General

Armstrong and, if necessary, by special messen-

ger; and you will hasten to transmit it also to this

to

With great respect, sir.

R. SMITH.

Pinkney, Esq.

Department of State July, 17, 1810.

I have herewith received duplicates of my letters

of the 13th, 16th and 30th June and 2d

and 30th

of dispatch you will receive from Lieut. Spence.

who is to proceed from New York in

bomb

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Hornet. This public vessel

to England and to France, not

only for the purpose

of transmitting-dispatches

you and: In our. Secretary at Paris, int for the

care torpeir of board by you, ad well, a bm

gtonity of carrying dio this department

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