History of the United States of America, Volume 5 (of 9) : $b During the first administration of James MadisonAdams, Henry
History
History of the United States of America, Volume 5 (of 9) : $b During the first administration of James Madison
Adams, Henry
United States -- History -- 1801-1809; United States -- History -- 1809-1817
(1) That all interdicts on commerce should be revoked by the United
States so far as they affected England, while they were still to be
enforced against France. When Erskine submitted this condition to
Robert Smith, he was assured that the President would comply with it,
and that Congress would certainly assert the national rights against
France, but that the President had no power to pledge the government by
a formal act. Erskine decided to consider Canning’s condition fulfilled
if the President, under the eleventh section of the Non-intercourse
Act, should issue a proclamation renewing trade with Great Britain,
while retaining the prohibition against France. This settlement had the
disadvantage of giving no guarantee to England, while it left open the
trade with Holland, which was certainly a dependency of France.
(2) Canning further required that the United States should formally
renounce the pretension to a colonial trade in war which was not
permitted in time of peace. To this condition, which Erskine seems to
have stated as applying only to the direct carrying-trade to Europe,
Robert Smith replied that it could not be recognized except in a formal
treaty; but that it was practically unimportant, because this commerce,
as well as every other with France or her dependencies, was prohibited
by Act of Congress. Erskine accepted this reasoning, and left the
abstract right untouched.
(3) Canning lastly demanded that the United States should recognize
the right of Great Britain to capture such American vessels as should
be found attempting to trade with any of the Powers acting under
the French Decrees. To this suggestion Secretary Smith replied that
the President could not so far degrade the national authority as to
authorize Great Britain to execute American laws; but that the point
seemed to him immaterial, since no citizen could present to the United
States government a claim founded on a violation of its own laws.
Erskine once more acquiesced, although the trade with Holland was not
a violation of law, and would probably give rise to the very claims
which Canning meant to preclude.
Public-domain text, read in full here on John Shaqi.
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