he interview of the 22d Pinkney confined himself to saying
everything "which I thought consistent with candor and discretion to
confirm him in his dispositions." He suggested that the whole matter
ought to be settled at Washington, and "that it would be well (in case
a special mission did not meet their approbation) that the necessary
powers should be sent to Mr. Erskine."[284] He added, "I offered my
intervention for the purpose of guarding them against deficiencies in
these powers."[285] The remark is noteworthy, for it shows Pinkney's
sense that Erskine's mere letter of credence as Minister Resident, not
supplemented by full powers for the special transaction, was
inadequate to a binding settlement of such important matters. In the
sequel the American Administration did not demand of Erskine the
production either of special powers or of the text of his
instructions; a routine formality which would have forestalled the
mortifying error into which it was betrayed by precipitancy, and which
became the occasion of a breach with Erskine's successor.

The day after his interview with Pinkney, Canning sent Erskine
instructions,[286] the starting-point of which was that the Orders in
Council must be maintained, unless their object could be otherwise
accomplished. Assuming, as an indispensable preliminary to any
negotiation, that equality of treatment between British and French
ships and merchandise would have been established, he said he
understood further from Erskine's reports of conversations that the
leading men in the new Administration would be prepared to agree to
three conditions: 1. That, contemporaneously with the withdrawal of
the Orders of January 7 and November 11, there would be a removal of
the restrictions upon British ships and merchandise, leaving in force
those against French. 2. The claim, to carry on with enemies' colonies
a trade not permitted in peace, would be abandoned for this war. 3.
Great Britain should be at liberty to secure the operation of the
Non-Intercourse measures, still in effect against France, by the
action of the British Navy, which should be authorized to capture
American vessels seeking to enter ports forbidden them by the
Non-Intercourse Act. Canning justly remarked that otherwise
Non-Intercourse would be nugatory; there would be nothing to prevent
Americans from clearing for England or Spain and going to Holland or
France. This was perfectly true. Not only had a year's experience o