let it be granted that there had been a public
assurance to America that she alone was to be excepted from the
influence of the Berlin Decree, would that have been a sufficient
ground for us not to look further to our own interest? What! Because
France chooses to exempt America from her injurious decrees, are we to
consent to their continuance?"[331] Where such a contradiction
exists, to assert a pledge from a Government, and that two years after
Erskine's singular performance of 1809, which led to his recall, is a
curious example of the capacity of the American Administration, under
Madison's guidance, for putting words into an opponent's mouth. In the
present juncture, Wellesley replied[332] to Pinkney's claim for the
revocation of the Orders in Council by quoting, and repeating, the
assurance of Erskine's letter of February 23, 1808, given above.

Yet, unless the Orders in Council were repealed, Napoleon's
concessions would not go far to relieve the United States. The vessels
he would admit would be but the gleanings, after British cruisers had
reaped the ocean field. Pinkney, therefore, had to be importunate in
presenting the demands of his Government. Wellesley persisted in his
method of procrastination. At last, on December 4, he wrote briefly to
say that after careful inquiry he could find no authentic intelligence
of the repeal, nor of the restoration of the commerce of neutral
nations to its previous conditions. He invited, however, a fresh
statement from Pinkney, who then, in a letter dated December 10,[333]
argued the case at length, under the three heads of the manner, or
form, the terms, and the practical effect of the alleged repeal.
Having completed the argument, he took incidental occasion to present
the views of the United States concerning the whole system of the
Orders in Council; animadverting severely, and emphasizing with
liberal italics. The Orders went far beyond any intelligible standard
of _retaliation_; but it soon appeared that neutrals might be
permitted to traffic, if they would submit with a dependence _truly
colonial_ to carry on their trade through British ports, to pay such
duties as the British Government might impose, and such charges as
British agents might make. The modification of April 26, 1809, was one
of appearance only. True, neutrals were no longer compelled to enter
British ports; their prohibition from interdicted ports was nominally
absolute; but it was known that by comin