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signed by the sheriff, and published known as the modern practice of mem

in the newspapers. ́ J.J. SMITH,

C. S. HUNTER,

bers procuring their seats in your honourable house by purchase, nomination, or Sheriff. by barter of patronage.

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That on the 6th of May, 1793, a petition was presented to your honourable house, in which it is averred, that three hundred and seven of the honourable members for England and Wales only, are not returned to parliament by the suffrages of the people, but are, through numerous breaches, and evasions of the freedom of election therein fully set forth, appointed by one hundred and fifty-four peers and commoners. That evidence in proof of the facts contained in such petition was tendered in support thereof, and the allegations so stated in the said petition still stand on the journals of your honourable house

uncontradicted.

That by the statute commonly called the septennial act, the same house of Commons may sit for a period equal to one half of the probable duration of human life, taken at the most favourable age.

That the right of the Commons to send representatives to parliament was by our ancient constitution vested in the freeholders and the house-holders; and long parliaments were heretofore as un

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That every departure from this undoubted right of the people to a substantial representation in short parliaments was a violation of the fundamental principles of the constitution, and is a grievance dangerous alike to the liberties and property of the people.

That this deplorable state of the representation co-operating with the septennial duration of parliaments, has an alarming tendency to destroy the constitutional balance which ought to subsist between the three branches of the legislature, and threatens the free subjects of these realms with a tyranny more hateful and degrading than a despotic monarchy-the usurpation of our rights by an odious oligarchy of the proprietors of boroughs.

That the elective franchise ought to be entrusted to those, and to those only, who are likely to exercise it for the common good, which, by the act passed in the late session of parliament to regulate the disposal of seats in your honourable house, your petitioners conclude not to be the case in the venal or depopulated boroughs.

In the wisdom and justice of your honourable house your petitioners confidently rely that your honourable house will take their petition into your early and most serious consideration, and will grant them such relief in the premises as shall be most consistent with that leading principle of our happy constitution-a full and free representation of the people in parliament. your petitioners will ever pray, &c.

And

STATE PAPERS,

AMERICA.

NEGOCIATION WITH BRITAIN, Washington, April 19.-Since the arrival of Mr. Oakely at Washing ton, Mr. Smith, secretary of state, and Mr. Erskine, the British ministers, have been, we understand, every day engaged in discussions in relation to the two points of differ

ence between the United States and Great Britain, which it seems Mr. Erskine has been authorised to arrange in virtue of powers received from his government by the British sloop of war, now lying at Hampton, subject to his orders. The following notes shew the happy result of these discussions:

Mr. ERSKINE TO Mr. SMITH.

Washington, April 17. 1809. SIR,I have the honour to inform you, that I 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 recapitulation of which might have a tendency to impede, if not prevent an amicable understanding.

It having been represented to his Majesty's government, that the congress of the United States in their proceedings at the opening of the last session, had evinced an intention 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 belligerent 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 aggression 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 termed the non-intercourse act), as having produced a state of equality in the relations of the two belligerent powers, with respect to the United States, I have to submit, conformably to instructions, for the consideration of the American government, such terms of satisfaction and reparation, as his Majesty is induced to believe will be accepted, in the same spirit of conciliation with which they are proposed.

In addition to the prompt disavowal made by his Majesty, on being apprized of the unauthorized act committed hy his naval officer, whose recal, as a mark of the King's displeasure, from an highly impor

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tant and honourable command, immediately ensued, his Majesty is willing to restore the men forcibly taken out of the Chesapeake, and if acceptable to the American government, to make a suitable 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. Robert Smith Esq. Secretary of State, &c. &c.

Department of State, April 17. SIR, I have laid before the president your note, in which you have, in the name and by the order of his Britannic Majesty, declared that his Britannic Majesty is desirous of making an honourable reparation for the aggression committed by a British naval officer in the attack on the United States' frigate the Chesapeake; that, in addition to his prompt disavowal of the act, his Majesty, as a mark of his displeasure, did immediately recal the of fending officer from a highly important and honourable command; and that he is willing to restore the men forcibly taken out of the Chesapeake, and, if acceptable to the American government, to make a suitable provision for the unfortunate sufferers on that occasion.

The government of the United States, having at all times entertained a sincere desire for an adjustment of the differences which have so long and so unhappily subsisted between the two countries, the president cannot but receive with pleasure, assurances that his Britannic Majesty is animated by the same disposition, and that he is ready, in conformity to this disposition, to make atonement for the insult and aggression committed by one of his naval officers in the attack on the United States' frigate, the Chesapeake,

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As it appears at the same time, that in making this offer, his Britannic Majesty derives a motive from the equality, now existing, in the relations of the United States, with the two belligerent powers, the president owes it to the occasion, and to himself, to let it be understood, that this equality is a result incident to a state of things, growing out of distinct considerations.

With this explanation, as requisite as it is frank, I am authorised to inform you that the president accepts the note delivered by you in the name and by the order of his Britannic Majesty, and will consider the same with the engagement contained therein, when fulfilled, as a satisfaction for the insult and injury of which he has complained. But I have it in express charge from the president to state, that while he forbears to insist on a further punishment of the offending officer, he is not the less sensible of the justice and utility of such an example, nor the less persuaded that it would best comport with what is due from his Britannic Majesty to his own honour. I have the honour to be, with the highest respect and consideration, Sir, your most obedient servant,

R. SMITH.

The Hon. David M. Erskine, Esq. Envoy Extraordinary, and Minister Plenipotentiary of his Britannic Majesty.

Mr. ERSKINE to Mr. SMITH. Washington, April 18. SIR, I have the honour of informing you that his Majesty, having been persuaded that the honourable reparation which he had caused to be tendered for the unauthorised attack upon the American frigate Chesapeake would be accepted by the government of the United States in the same spirit of conciliation, with which it was proposed, has instructed me to express his satisfaction, should such a happy termination of that affair take place; not only as

having removed a painful cause of difference, but as affording a fair prospect of a complete and cordial undertanding being re-established between the two countries.

The favourable change in the re lations of his Majesty with the United States, which has been produ ced by the act (usually termed the non-intercourse act) passed in the last session of congress, was also anticipated by his Majesty, and has encouraged a further hope, that a reconsideration of the existing differences might lead to their satisfactory adjustment.

On these grounds and expectations, I am instructed to communicate to the American government, his Majesty's determination of sending to the United States, an Envoy extraordinary invested with full powers to conclude a treaty on all the points of the relations between the two countries.

In the mean time, with a view to contribute to the attainment of so desirable an object; his Majesty would be willing to withdraw his orders in council of January and November 1807, so far as respects the United States, in the persuasion that the president would issue a proclamation for the renewal of the intercourse with Great Britain, and that whatever difference of opinion should arise in the interpretation of the terms of such an agreement will be removed in the proposed negociation.

I have the honour to be with sen timents of the highest consideration and esteem, Sir, your most obedient humble servant,

D. M. ERSKINE. Hon. Robert Smith, &c. &c.

Mr. SMITH TO Mr. ERSKINE. Department of State, April 18. SIR-The note which I had the honour of receiving from you this day, I lost no time in laying before the president, who, being sincerely desirous of a satisfactory adjustment

of the differences unhappily existing between Great Britain and the United States, has authorised me to assure you, that he will meet with a disposition correspondent with that of his Britannic Majesty, the determination of his Majesty to send to the United States a special envoy, invested with full powers to conclude a treaty on all the points of the relations between the two countries.

I am further authorised to assure you that in case his Britannic Majesty should in the mean time withdraw his orders in council of January and November 1807, so far as respects the United States, the president will not fail to issue a proclamation by virtue of the authority and for the purposes specified in the eleventh section of the statute, commonly called the non-intercourse act. I have the honour, &c. R. SMITH. Mr. ERSKINE TO Mr. SMITH.

Washington, April 19. SIR,-In consequence of the acceptance, by the president, as stated in your letter dated the 18th inst. of the proposals made by me on the part of his Majesty, in my letter of the same day, for the renewal of the intercourse between the respective countries, I am authorised to declare that his Majesty's orders in council of January and November 1807, will have been withdrawn as respects the United States on the 10th day of June next.

I have the honour to be, with great respect and consideration, Sir, your most obedient Servant,

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November 1807, so far as respects the United States, I have the honour of informing you that the president will accordingly, and in purs suance of the eleventh section of the statute commonly called the non-intercourse act, issue a proclamation, so that the trade of the United States with Great Britain may on the same day be renewed, in the manner provided in the said section.

I have the honour to be, &c. &c.
R. SMITH.

PROCLAMATION.

By the President of the United States of America.

Whereas it is provided by the 11th section of the act of congress, entitled "An act to interdict the commercial intercourse between the United States and Great Britain and France and their dependencies, and for other purposes," that "in case either France or Great Britain shall so revoke and nullify such edicts, as that they shall cease to violate the neutral commerce of the United States," the president is authorised to declare the same by proclamation, after which the trade suspended by the said act, and by an act laying an embargo on all ships and vessels in the ports and harbours of the United States, and the several acts supplementary thereto, may be renewed with the nations so doing. And whereas the Hon. D. M. Erskine, his Britannic Majesty's envoy extraordinary and minister plenipo tentiary, has, by the order and in the name of his Sovereign, declared to this government that the British orders in council of January and November 1807, will have been. withdrawn, as respects the United States, on the 10th of June next :Now, therefore, I, James Madison, President of the United States, do hereby proclaim that the orders in council aforesaid, will have been withdrawn on the said 10th June next; after which day the trade of the United States with Great Bri

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tain, as suspended by the act of congress above mentioned, and an act laying an embargo on all ships and vessels in the ports and harbours of the United States, and the several acts supplementary thereto, may be renewed.

Given under my hand and seal of the U. S. at Washington, April 19, 1809, and 33d. of the independence of the United States.

JAMES MADDISON. Mr. CANNING TO Mr. PINCKNEY.

Foreign Office, April 30. SIR,- -When I had the honour to transmit to you, on the 24th. of December last, the orders in council passed on the 21st of that month, I referred to that passage of my official note of the 23d. of September, 1808, in which I stated to you, that "it is not improbable indeed that some alterations may be made in the orders in council, as they are at present framed, alterations calculated not to abate their spirit or impair their principle, but to adapt them more exactly to the different state of things which has fortunately grown up in Europe, and to combine all practicable relief to neutrals with a more severe pressure upon the enemy," -and I at the same time explained to you the grounds on which the design of the larger alterations which had been in contemplation in September was for the time laid aside.-By the order of council, which I have now the honour to inclose to you, that design, as explained in my official note of September 23d. is fully carried into execution.-I have the honour to be, with the highest consideration, Sir, your most obedient humble servant,

GEORGE CANNING.

W. Pinckney Esq. &c. &c.

Majesty in council, issued on the 26th. of April last.

In consequence of official communications sent to me from his Majesty's government, since the adoption of that measure, I am enabled to assure you that it has no connection whatever with the overtures which I have been authorised to make to the government of the United States, and that I am persuaded that the terms of the agreement so happily concluded by the recent negociation, will be strictly fulfilled on the part of his Majesty.

The internal evidence of the order itself would fully justify the foregoing construction; and moreover it will not have escaped your notice, that the repeal has not thereby been made of the order of the 7th. of January, 1807, which according to the engagement I have entered into, on the part of his Majesty, is to be abrogated with the other orders, in consequence of the adjustment of differences between the two countries, and the confidence entertained of a further conciliatory understanding. I have the honour to be, with the highest respect and consideration, Sir, your most obedient humble servant, D. M. ERSKINE. The Hon. R. Smith, &c.

Mr. SMITH TO Mг. ERSKINE. Department of State, June 16. SIR. I have the honour to ac knowledge the receipt of your note of this day, communicating the or ders' in council, issued by his Bri tannic Majesty on the 26th. of April last.

However well persuaded the president may, at all times, have been, that the arrangement, so happily ef fected by the late negociation, would be strictly fulfilled on the part of his

[Here follows the British order of Britannic Majesty, he has, neverthethe 26th of April.] 1

Mr. ERSKINE to Mr. SMITH.

Washington, June 15.

SIR, I have the honour to inclose the copy of an order of his

less, received with satisfaction your renewed assurance to that effect, with the further assurance, founded on official communications to you from your government since the adoption

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