[SEAL.]
Given under my hand and the seal of the United States at the city of
Washington, the 9th day of August, A.D. 1809, and of the Independence
of the said United States the thirty-fourth.
JAMES MADISON.
By the President:
R. SMITH,
_Secretary of State_.
FIRST ANNUAL MESSAGE.
NOVEMBER 29, 1809.
_Fellow-Citizens of the Senate and of the House of Representatives_:
At the period of our last meeting I had the satisfaction of
communicating an adjustment with one of the principal belligerent
nations, highly important in itself, and still more so as presaging a
more extended accommodation. It is with deep concern I am now to inform
you that the favorable prospect has been overclouded by a refusal of the
British Government to abide by the act of its minister plenipotentiary,
and by its ensuing policy toward the United States as seen through the
communications of the minister sent to replace him.
Whatever pleas may be urged for a disavowal of engagements formed by
diplomatic functionaries in cases where by the terms of the engagements
a mutual ratification is reserved, or where notice at the time may have
been given of a departure from instructions, or in extraordinary cases
essentially violating the principles of equity, a disavowal could not
have been apprehended in a case where no such notice or violation
existed, where no such ratification was reserved, and more especially
where, as is now in proof, an engagement to be executed without any such
ratification was contemplated by the instructions given, and where it
had with good faith been carried into immediate execution on the part of
the United States.
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