[331] Cobbett's Parliamentary Debates, vol. x. p. 669. A search through the correspondence of Canning and Erskine, as well as through the debates of Parliament upon the Orders in Council, January-April, 1808, reveals nothing confirmatory of the pari passu claim, put forth in Madison's letters quoted, and afterwards used by Monroe in his arguments with Foster. But in Canning's instructions to Jackson, July 1, 1809 (No. 3), appears a sentence which may throw some light on the apparent misunderstanding. "As to the willingness or ability of neutral nations to resist the Decrees of France, his Majesty has always professed ... a disposition to relax or modify his measures of retaliation and self-defence in proportion as those of neutral, nations should come in aid of them and take their place." This would be action pari passu with a neutral; and if the same were expressed to Erskine, it is far from incredible, in view of his remarkable action of 1809, that he may have extended it verbally without authority to cover an act of France. My italics.
[332] Wellesley to Pinkney, Aug. 31, 1810. American State Papers, Foreign Relations, vol. iii. p. 366.
[333] American State Papers, Foreign Relations, vol. iii. p. 376.
[334] The American flag was used in this way to cover British shipping. For instances see American State Papers, Foreign Relations, vol. iii. p. 342.
[335] American State Papers, Foreign Relations, vol. iii. p. 408.
[336] Author's italics.
[337] Armstrong had sailed for the United States two months before.
[338] American State Papers, Foreign Relations, vol. iii. p. 391.
[339] Russell on November 17 wrote that he had reason to believe that the revocation of the Decrees had not been notified to the ministers charged with the execution of them. On December 4 he said that, as the ordinary practice in seizing a vessel was to hold her sequestered till the papers were examined in Paris, this might explain why the local Custom-House was not notified of the repeal. Russell to the Secretary of State, U.S. State Department MSS.
[340] Langdon Cheves of South Carolina. Annals of Congress, 1810-11, pp. 885-887.