694 ANNUAL REGISTER, 1809. 



by tlie public will, but they have 

 no authority to listen to any treat}', 

 or terminate any transaction, which 

 is not founded on the basis of eter- 

 nal justice. Any other principle of 

 negotiation, without benefiting the 

 empire, would only tend to degrade 

 the Junta, which has entered into 

 the most awful engagement to bury 

 itself beneath the ruins of the mo- 

 narchy, rather than lend itself to 

 any proposition which shall dimi- 

 nish the honour and independence 

 of the Spanish people. His ma- 

 jesty desires that your excellency 

 would state these sentiments to 

 Sotelo, and b)' the royal order I 

 communicate them to your excel- 

 lency for your instruction and com- 

 pliance. God preserve you. 

 (Signed) Martin de Garay. 



Correspondence hehveen Air. En- 

 kine and Mr. Smith. 



No. I. 



MR. ERSKINE TO MR. SMITH. 



Washington, April 17, 1809. 



Sir, — I have the honour to in- 

 form you, that 1 have received his 

 majesty's commands to represent 

 to the government of the United 

 States, that his majesty is animated 

 by the most sincere desire for an 

 adjustment of the differences which 

 have unhappily so long prevailed 

 between the two countries, the re- 

 capitulation of which might have a 

 tendency to impede, if not prevent 

 an amicable understanding. 



It having been represented to 

 Ills majesty's government, that the 

 Congress of the United States in 

 their proceedings at the opening of 

 the last session, had evinced an in- 

 tention of passing certain laws, 



which would place the relations of 

 Great Britain with the United 

 States upon an equal footing, in all 

 respects with the other belHgerent 

 powers, I have accordingly received 

 his majesty's commands, in the 

 event of such laws taking place, to 

 offer, on the part of his majesty, an 

 honourable reparation for the ag- 

 gression committed by a British 

 naval officer, in the attack on the 

 United States' frigate Chesapeake. 



Considering the act passed by 

 the Congress of the United States 

 on the 1st of March (usually term- 

 ed the non-intercourse act), as 

 liaving produced a state of equality 

 in the relations of the two belli- 

 gerent powers, with respect to the 

 United States, I have to submit, 

 conformably to instructions, forthe 

 consideration of the American go- 

 vernment, such terms of satisfac- 

 tion and reparation, as his majesty 

 is induced to believe will be accept- 

 ed in the same spirit of conciliation 

 with which they are proposed. 



In addition to the prompt disa- 

 vowal made by his majesty, on 

 being apprized of the unauthorized 

 act committed by his naval officer, 

 whose recall, as a mark of the 

 king's displeasure, from an highly 

 important and honourable com- 

 mand, immediately ensued, his ma- 

 jesty is willing to restore the men 

 forcibly taken out of the Chesa- 

 peake, and if acceptable to the Ame- 

 rican government, to make a suit- 

 able provision for the unfortunate 

 sufferers on that occasion. 



I have the honour to be, with 

 sentiments of the highest respect 

 and consideration, sir, your most 

 obedient humble servant, 



D. M. Erskine. 

 The Hon. Roheii Smith, Esq. 

 Secretarij of State, Sfc. 



No. 



