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.

These considerations not having restrained the British Government from
disavowing the arrangement by virtue of which its orders in council were
to be revoked, and the event authorizing the renewal of commercial
intercourse having thus not taken place, it necessarily became a
question of equal urgency and importance whether the act prohibiting
that intercourse was not to be considered as remaining in legal force.
This question being, after due deliberation, determined in the
affirmative, a proclamation to that effect was issued. It could not but
happen, however, that a return to this state of things from that which
had followed an execution of the arrangement by the United States would
involve difficulties. With a view to diminish these as much as possible,
the instructions from the Secretary of the Treasury now laid before you
were transmitted to the collectors of the several ports. If in
permitting British vessels to depart without giving bonds not to proceed
to their own ports it should appear that the tenor of legal authority
has not been strictly pursued, it is to be ascribed to the anxious
desire which was felt that no individuals should be injured by so
unforeseen an occurrence; and I rely on the regard of Congress for
the equitable interests of our own citizens to adopt whatever further