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in view the renewal of such discussions, not as forming any part of the treaty then signed, (as the American commissioners appear to have been instructed to assume) but separately, and at some subsequent period more favourable to their successful termination.-But the alterations proposed by the president of the United States in the body of the treaty thus formerly coneluded, appear to require more particular observation.—The undersigned is commanded distinctly, to protest against a practice altogether unusual in the political transactions of States; by which the American government assumes to itself the privilege of revising and altering agreements concluded, and signed, on its behalf, by its agents duly authorized for that purpose; of retaining so much of those agreements as may be favourable to its own views, and of rejecting such stipulations, or such parts of stipulations, as are conceived to be not sufficiently beneficial to America.—If the American government has a right to exercise such a revision, an equal right cannot be denied to others. And it is obvious, that the adoption of such a practice by both parties to a treaty, would tend to render negotiation indefinite, and settlement hopeless; or rather to supersede altogether the practice of negotiation through authorized commissioners, and to make every article of a compact between state and state the subject of repeated reference, and of endless discussion. The alteration of particular articles in a treaty, after the whole has been carefully adjusted and arranged, must necessarily open the whole to renewed deliberation. The demands of one party are not to be considered as absolute, and the concessions of the other as unconditional. What may have been given, on the one hand, in consideration of advantage to be derived, in return, from accompanying stipulations, might have been refused, if those stipulations had been less favourable; and must necessarily be withdrawn, if they are changed.-It cannot be admitted, that any government should hold those with whom it treats to all that has been granted by them in its favour, relaxing at the same time, on its part, the reciprocal conditions for which its own faith has been engaged; or that, after having obtained by negotiation a knowledge of the utmost extent of concession to which the other contracting party is prepared to consent in the conclusion of a treaty, it should require yet further concession,

No. VIII. Note from Mr. Secretary Canning to Messrs. Monroe and Pinckney, dated Oct. 22d, 1807. The undersigned, his majesty's principal secretary of state for foreign affairs, in returning an answer to the official note with which Messrs. Monroe and Pinckney have accompanied their communication of the copy of the treaty which has been sent back unratified from America, is commanded, in the first place, to inform the American commissioners, that his majesty cannot profess himself to be satisfied that the American government has taken any such effectual steps, with respect to the decree of France, by which the whole of his majesty's dominions are declared to be in a state of blockade, as to do away the ground of that reservation which was contained in the note delivered by his maj.'s commissioners at the time of the signature of the treaty; but that, reserving to himself the right of taking, in consequence of that decree, and of the omission of any effectual interposition, on the part of neutral nations, to obtain its revocation, such measures of retaliation as his majesty might judge expedient, it was nevertheless the desire and determination of his majesty, if that treaty had been sanctioned by the ratification of the president of the United States, to have ratified it, on his majesty's part, and to have given the fullest effect to all its stipulations.-Some of the considerations upon which the refusal of the president of the United States to ratify the treaty is founded are such as can be matter of discussion only between the American government and its commissioners; since it is not for his majesty to inquire, whether in the conduct of this negotiation the commissioners of the U. States have failed to conform themselves in any respect to the instructions of their government. In order to determine the course which his majesty has to pursue in the present stage of the transaction, it is sufficient that the treaty was considered, by those who signed it, as a complete and perfect instrument.-No engagements were entered into, on the part of his majesty, as connected with the treaty, except such as appear upon the face of it. Whatever encouragement may have been given by his majesty's commissioners to the hope expressed by the commissioners of the United States, that discussions might thereafter be entertained with respect to impressment of British seamen for merchant vessels, must be understood to have had

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without equivalent, as the price of its rati- | the house. Ministers, after the various fication. The undersigned is therefore transactions in which they had been encommanded to apprize the American com-gaged last summer, had laid upon the tamissioners, that although his majesty will be all times ready to listen to any suggestions for arranging, in an amicable and advantageous manner, the respective interests of the two countries, the proposal of the president of the United States for proceeding to negotiate anew, upon the basis of a treaty already solemnly concluded and signed, is a proposal wholly inadmissible. And his majesty has therefore no option, under the present circumstances of this transaction, but to acquiesce in the refusal of the president of the United States to ratify the treaty signed on the 31st of Dec. 1806. The undersigned, &c.

GEORGE CANNING.

HOUSE OF COMMONS.

Tuesday, February 16.

ble notes, dispatches, and extracts of dis-
patches, explanatory of their conduct.
These he considered deficient, and his de-
sign was to call upon them to supply the
chasm which they had left. His first mo-
tion was for "Copies and Extracts of Dis-
patches from the secretary of state for
foreign affairs to our ministers at Vienna
relative to the proffered Mediation of
Austria." As he understood that this
was to be granted, he would say nothing
further upon that point. The second, he
considered as of paramount importance.
It was for the "Substance of
any commu-
nication made by his majesty's minister
at the court of Petersburgh, to his majes-
ty's principal secretary of state for foreign
affairs, of a conversation held between the
emperor of Russia and lord Hutchinson,
on the 23rd of Aug 1807, relative to the
Treaty of Peace concluded by Russia, and
the offer made by that power to mediate a
peace between G. Britain and France."-
When he had given notice of this motion
on a former day, the right hon. secretary
had said, that he thought it improper to
lay before the house any communication
of an accredited minister with a foreign
sovereign. After that, he must give up in
despair all hope of convincing him that
this document ought to be granted. But
as his colleague, the right hon. the chan-
cellor of the exchequer, had modified that
opinion, and said, that he did not go quite
to the extent of the right hon. secretary, he
would address himself to bim, in the hope
that he would not be altogether so inac-
cessible to the reasons which he might be
able to urge for the production of these
papers. But, addressing a few words,
however, in the first place, to the right
hon. secretary, he said, that one would
think, from what the right hon. gent. had
stated, that the communication of a con-
versation of a minister with a sovereign,
was a thing which had never happened.
The right hon. gent. thought that policy

MEDIATION OF RUSSIA AND AUSTRIA.] Mr. Whitbread rose, pursuant to notice, to move for certain Papers, which there was a necessity for having before the house, previous to the discussion which he intended to introduce on Monday se'nnight. All these papers were so obviously necessary to come to a right understanding on the subject of the propriety or impropriety of the conduct of ministers, relative to the proffered Mediation of Russia, and Austria, and he was SO much at a loss to conceive any inconvenience that could result from their produc'tion, that unless he had received intimation that some of the motions would not be acceded to, he would not have thought that, in the present instance, there was any occasion whatever for his entering upon the question at all. But, as the matter stood, he should be wanting in his duty to the house and to the public, if he did not say something in support of the argument so ably maintained the other night, that publicity was the essence of the British constitution; and that parliament had a right to call for, and demand, all information which it was consistent with the pub-compelled our ministers to hold confelic safety to give. Publicity might indeed be emphatically termed the essence of the British constitution, and to withhold important information was therefore a violation of its most essential principle. -Having said this much generally, he would now advert to the particular object which he had in view, in the motions which he was now about to submit to

rences with sovereigns, on account of the system to that effect introduced by the French ambassadors, with whom it was necessary that the British ambassadors should be on equality; and this he made an excuse for concealment upon the point of delicacy to these sovereigns. He spoke in high terms of the British ambassador being compelled to stand in the anti-room

and witness the conduct of the French which he had not detailed, which shewed ambassador bearding the sovereign. By that he had weighed the matter well, and that the right hon. gent. meant, perhaps, withheld what he thought it improper to to insinuate, that our ministers ought to disclose.-The hon. gent. then proceeded copy the example of the French, and to state instances in which communications claim an equal privilege on that head. of conversations with sovereigns had been With this spirit he might, perhaps, think laid before the house. He mentioned, that our ministers ought not to remain at first, the confidential conversation bethe court. Now, he would ask him, whe- | tween the first consul of France and lord ther our ministers had been required to Whitworth, which had been made public, proceed in this manner? He believed in his opinion, most indiscreetly. The he could not be so indiscreet as to say next instance was the communication of so. He insinuated that it was a breach of the public conference of lord Whitduty in an accredited minister, to mention worth with Buonaparte, the publicathe conversations he might have had with tion of which he considered as manifesta sovereign. This was not the case in all ing a still greater indiscretion. He also circumstances; but, at any rate, the noble adverted to the dispatch of lord Stranglord (Hutchinson) was not an accredited ford, who talked of taking upon himself minister; but a most distinguished indivi- to forgive the peccadillo of the prince dual-a hero, in this age of European he- regent. Where was the delicacy of the roes-one who was renowned all over the right hon. gentleman when he published world for his military talents, and no less this? He might at least have spared the celebrated for his high sense of honour, humbled prince this mortification. But than for his skill in his profession. One there was a prince who was not ashamed who, as a private individual, maintain- of giving his conversations to the world— ed a communication with the emperor he meant the Crown Prince of Denmark, of Russia, with the knowledge of our who, on Mr. Jackson's adverting to the accredited minister. The conversation asperity of his language, said, that no which he held with the emperor on wonder if his reply was marked by aspethe 23d of Aug. was well known at the rity, when such propositions were made to time, and had been conveyed to this coun- him; who, on our offer of what we called try in a dispatch from lord G. L. Gower. advantageous terms, replied, "what will It had, he knew, been communicated to you give me as a compensation for the lord G. L. Gower, with the intention of wounded honour of Denmark?" The being sent to our ministers. Why, then, ministers had been very liberal of their should it not be communicated to the communications after the death of Mr. house? It was already known to all, and Pitt, and laid the treaties with Austria, why should the house of commons remain &c. &c. on the table, together with a diswithout the knowledge of it in a regular patch mentioning the sentiments of prince and authentic form. The emperor, con- Charles, which, though very proper to be fiding in the judgment and integrity of communicated to them, ought not to have the distinguished individual alluded to, been made public. It might, perhaps, be asked him whether, considering the situa- said, that he went to the extent of claimtion of affairs, peace ought not to be con- ing all information. But he disclaimed cluded? That noble lord asserted that it any such intention. Whatever it might ought. The emperor then said, that he be prejudicial to the interests of the pubhad offered his mediation for a peace with lic to produce, he did not want; but England, stating, at the same time, that when information was refused, merely from what he knew, peace might be con- because it would be prejudicial to the included on honourable terms. Was not terests of ministers, he would put it to the this document necessary, in order to sense of the house of commons whether it enable the house to form its judgment? ought to be withheld. It might be said Was there any thing indiscreet in the that he might argue on the paper in quescommunication made on this subject? No tion as a matter of notoriety. Why, so -the noble lord was prevented by no ob- he might, but he thought it more decoligation whatever of duty or of expedien- rous to have it in a regular way before the cy to conceal the conversation. It was house. Did such a paper exist? If they not done rashly. He knew well what said-no, he should then know what to do. ought to be concealed and what not. If it did exist in an authentic form, the There were some parts of the conferences house would decide whether it ought to be

administration, but from the principle that, whatever party differences might exist at home, they ought not to influence the conduct of diplomatic agents at foreign courts. He had therefore put the emperor of Russia and his ministers in possession of the best defence that he could at the moment make. Subsequently, he had received from England copies of the correspondence between M. Álopeus and his right hon. friend. M. Alopeus's Note contained charges similar to those conveyed to him in the note from gen. Budberg, with this difference, that M. Alopeus entered into a detail from which gen. Budberg had abstained. To M. Alopeus's

refused. On these grounds, he trusted | the house would decide in favour of his motion for this paper, and that they would compel the right hon. gent. opposite to produce it. There were other papers for which he should subsequently move, and to the production of which he did not know whether any, or what extent of objection, existed on the part of his majesty's government. They were as follow: "A copy of the answer that had been made by his majesty's minister, at the court of St. Petersburgh, to the Note from gen. Budberg, dated the 30th June, 1807; or any Instructions that he had received on that subject, from his majesty's government." It was scarcely possible to sup-note an elaborate answer had been sent pose, that the British ambassador had not returned an answer to a Note, containing such heavy charges against the British government. If he had not, let it be said so; if he had, let the answer be produced. 2. "A copy of the dispatches from the British minister to the court of St. Petersburgh, transmitted to his majesty's principal secretary of state for foreign affairs, containing a confirmation of the assurances alluded to in the Note from lord G. L. Gower to gen. Budberg, dated Memel, 28th June, 1807, referring to a declaration made by his Imperial majesty at Tilsit, to the British ambassador, that no circumstances had occurred to weaken his attachment to Great Britain, satisfied as he was of the honour and fidelity of his Britannic majesty." 3. "A copy, or the substance of any assurances from this country, communicated to the court of St. Petersburgh after the commencement of the Russian war, with respect to any diversion on the continent by G. Britain, and particularly of the dispatches communicating the assurances alluded to in his majesty's Declaration; assurances, to which his majesty states, that his Imperial majesty had received, and acknowledged with apparent confidence and satisfaction." Lord G. L. Gower was desirous of speaking to two points, mentioned by the hon. gent. The first was with regard to the answer which he was supposed to have sent to gen. Budberg's Note of the 30th of June 1807. That Note contained charges of so heavy a nature against the British government, that he had thought it his duty personally to state, with respect, but at the same with courage, such reasons as occurred to him in their justification. He had done this not merely from respect for the character of the late

by his right hon. friend, which contained a most able defence of the conduct of his majesty's late government. At the first conference which he had had with the Russian minister for foreign affairs, after the reception of this answer, he had called his attention to its contents, but had not thought it necessary to add any thing of his own. As to any copy which he might have sent to England of the conversation enjoyed by lord Hutchinson with the emperor of Russia, the fact was this: during the period that lord Hutchinson had been with the Russian army, he was in the habits of constant and familiar intercourse with the emperor. It was therefore with great satisfaction he found that lord Hutchinson was induced, from motives of curiosity, to visit St. Petersburgh; for, knowing that that noble lord would have many more opportunities of private interviews with the emperor of Russia than he, in his official situation, could possibly expect, he flattered himself that the result might be highly advantageous to the two countries. Lord H. had communicated to him confidentially his conversation with the emperor; but certainly he did not understand that the noble lord meant this conversation to be the subject of a public dispatch. He had looked upon it as the confidential communication of a confidential conversation. He had therefore inclosed it in a private letter to his right hon. friend, not thinking it proper that the confidential conversation of the emperor of Russia with a private individual should be entered on the records of a public office.

Mr. Secretary Canning said, the account given by his noble friend of the circumstances connected with the two topics to which he had alluded, made it hardly necessary for him to trouble the house on

these points. The argument of the hon. gent, however, who had made the motion, seemed to go to this, that a communication by a crowned head to an unaccredited agent of another country was equally proper to be produced, as if such communication had been made to an accredited agent. In this respect, he thought the hon. gent. had in some shape abandoned the motion of which he gave notice yesterday, and which stood on the Journals of the house. If, however, the hon. gent. after the statement of the noble lord had driven him from the one argument, should be inclined to maintain the other, he must contend, not only that communications made to accredited agents of this country, but even to travellers led to any foreign country by curiosity, and by them transmitted in a private letter to a person holding any official situation in this country, were proper evidence to be submitted to this house. He expressed his sorrow, that a right hon. gent. (Mr. Grenville) was not present. He might have suggested to the hon. mover the proper mode of rendering such private letter a good public and official document. He could have told him to what Board to apply for this purpose, whether to the Admiralty, Victualling, or Transport. If he could only have laid his hand on some obsolete Note, that right hon. gent. would have instructed him how to make it official: he would have put him in the proper way to intreat

"Oh, let my little Note attendant sail."— Lord G. L. Gower had already explained, that he (Mr. C.) had, to the best of his ability, vindicated the late ministry from the charges made against them by the Russian government, and had also stated substantial reasons why neither the Note nor answer could be produced. He was convinced the hon. mover was satisfied on that head, and would not insist on the production of a paper which might do a great deal of injury, merely with a view of making his own argument a little better or a -little worse. Worse, he could assure him, after all, would it undoubtedly be-made, were the Note produced. By some of the hon. gent.'s other motions, he seemed to have it in view, to ascertain, whether the cause of the country, as administered by the late government, had been defended by the present government. He appeared to think, that enough had not been done by the present ministers to maintain what had been done by the late ministers.

When the hon. gent. asked for any assurances of military assistance that had been communicated by his majesty's present government, in confirmation of the assurances that had been communicated by the last government, he supposed that he alluded to the discussion in that house, in which it had been stated by himself (Mr. C.) and his colleagues, that on their coming into office, they found the expectations of the allies of G. Britain-of military assistance, raised to a great height, but that they found no means provided of satisfying those expectations. He now repeated, that those expectations had been stated by foreign courts, more particularly and with greater precision than the distinct assurances and instructions which he had found recorded in the foreign office, seemed to warrant. But it was well known, that with respect to assurance's of this nature, much passed in personal communications, which was not transferred to paper. With some of the motions he should comply most willingly; because when the papers were produced they would show that great expectations had been entertained of British assistance, by the continental-powers; they would shew that the noble lord to whose authority the gentlemen opposite were so fond of referring, and for whose authority on military subjects, and on subjects connected with his situation, he entertained the highest respect;-that lord Hutchinson had distinctly stated to the emperor of Russia and to the king of Prussia, that he knew his government intended to make a continental diversion in their favour; that he was authorised to make` them the strongest assurances on this subject, although he could not particularize the point at which the diversion was to be effected. By some of the papers it would appear, that at the commencement of the late war between Prussia and France, dispatches had been sent to the courts of St. Petersburgh and Stockholm, calling loudly on those powers to make the greatest exertions, and to march an army to the assistance of Prussia. He did not mean to contend that that exhortation was a distinct and particular pledge on the part of G. Britain, but surely G. Britain had no right to require such exertions, unless she meant bona fide to imply that she would bear her share in them. After this call however, a great interval elapsed without any specific promise of assistance on our part, and the whole correspondence between Russia and G. Britain consisted of applica

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