■> IMAGE EVALUATION TEST TARGET (MT-3) 1.0 ^VilP, •■• lU 12.2 E Hi ■■ S lis 120 1.1 s IE ^ |U 11.6 % ^:^* 1 • J]f|illr:il OC16O06S CarporatiQn 33 WHT MAIN tflMIT WIMTN,N.V. 14110 (71*)in-4M3 ' '^r^ *4S CIHM/ICMH Microfiche Series. CIHIVI/ICIN/IH Collection de microfiches. Canadlni liwiKuM lor HIttaiieal Microraproduetlara / IratHut owMdIwi d* microraproduetioiM hMoriquM Tschnical and Bibliographic Notas/Notas tachniquaa at bibliographiquaa Tha Instituta haa attamptad to obtain tha baat original copy availabia for filming. Faaturaa of thia copy which may ba bibiiographically uniqua, which may altar any of tha imagaa in tha raproduction, or which may aignificantly changa tha usual mathod of filming, ara chackad balow. n Colourad covars/ Couvartura da coulaur I I Covars damagad/ D Couvartura andommagte Covars rastorad and/or laminatad/ Couvartura rastaurte at/ou palllculte I I Covar titia missing/ La titre da couvartura manqua □ Colourad maps/ Cartas giographiquas an coulaur D Colourad ink (i.a. othar than blua or black)/ Encra da coulaur (i.a. autra qua blaua ou noira) □ Colourad platas and/or illustrationa/ Planchas at/ou illustrations mn coulaur I — ~K Bound with othar matarial/ L^ RaliA avac d'autras documants D D D Tight binding may causa shadows or distortion along intarior margin/ La r9 liura sarr*e paut causar da I'ombra ou da la distortion la long da la marga intiriaura Blank laavaa addad during rastoration may appaar within tha taxt. Whanavar possibla. thasa hava baan omittad from filming/ II sa paut qua cartainas pagas blanchas ajoutAas lors d'una rastauration apparaisaant dans la taxta, mais, lorsqua cala *tait possibla, cas pagas n'ont pas *t« fiimAas. Additional commants:/ Commantairas supplAmantairas: L'Institut a microfilm^ la maillaur axamplaira qu'il lui a M possibla da sa procurar. Las details da cat axamplaira qui sont paut-Atra unlquas du point da vua bibliographiqua, qui pauvant modif iar una imaga raproduita, ou qui pauvant axigar una modification dans la mAthoda normala da filmaga sont indiqute ci-dassous. n~| Colourad pagas/ Pagas da coulaur Pagas damagad/ Pagas andommagAas □ Pagas rastorad and/or laminatad/ Pagas raataurias at/ou palliculAas V/ Pagas discolourad. stainad or foxad/ Pagas d4color6as. tachatAas ou piquAes I I Pagas datachad/ Pagas ditachias Showthroughy Transparanca Quality of prin Quality InAgala da I'lmprassion Includas supplamantary matarii Comprand du matArial suppMmantaIra Only adition availabia/ Saula Mition disponibia r~7| Showthrough/ F~l Quality of print varias/ I I Includas supplamantary matarial/ I — I Only adition availabia/ 1 t c t s a f s 1 a 7 ¥ h m b n n D Pagas wholly or partially obscurad by arrata slips, tissuas. ate. hava baan rafilmad to ansura tha bast possibla imaga/ Las pagas totalamant ou partiallamant obscurcias par un fauillat d'arrata. una palura, ate, ont At* filmAas A nouvaau da fapon A obtanir la maillaura imaga possibla. This itam is filmad at tha raduction ratio chackad balow/ Ca docur^ant ast filmA au taux da rAduction indlquA ci-daaaout 10X 14X ItX 22X MX »X J 12X IfX 20K MX 2M 32X TlM copy fllmtd bmn has lM«n r«produc«tl thanka to tha ganarosity of: Univtrsity of SMkatchawan Saikatoon L'axamplaira filmi f ut raproduit grica A la giniroait* da: University of Saskatchewan Saskatoon Tha imagaa appaaring hara ara tha baat quality poaaibia conaidaring tha condition and iagibiiity of tha original copy and in kaaping with tha filming contract spacificationa. Original copkM in printad papar oovara ara fllmad baglnning with tha front eovar and anding on tha laat paga with a printad or iiiuatratad impraa* sion, or tha back covar whan appropriata. Ail othar original eopiaa ara fllmad baginning on tha first paga with a printad or iiiuatratad impraa- •ion. and anding on tha laat paga with a printad or iiiuatratad impraaaion. La* imagaa auivantaa ont 4ti raproduitas avac la piua grand soin, compta tanu da la conditiqn at da la nattati da Taxampiaira filmA. at mn conformitA avac las conditiona du contrat da filmaga. Laa axamplalraa originaux dont la couvartura mn papiar aat imprim4a sont fiimis an commanpant par la pramiar plat at an tarminant soit par la darnlAra paga qui comporta una amprainta d'Impraaaion ou d'illuatration, soit par la sscond plat, salon la eaa. Toua laa autras axampiairas originaux sont filmte an commandant par la pramlAra paga qui comporta una amprainta d'Impraaaion ou d'illuatration at an tarminant par la damlAra paga qui comporta una taila amprainta. Tha laat raeordad frama on aach microficha shaH contain tha symbol ^^ (moaning "CON- TINUED"), or tha aymbol ▼ (moaning "ENO"), whichavar appNaa. Un daa aymbolaa suKranta apparaftra sur la damlAra imaga da chaqua microficha, salon la caa: la aymbola -^ signifia "A SUIVRE". la aymbolo ▼ signifia "FIN". Mapa, plataa, charta, ate., may ba fllmad at dlffarant raduction ratioa. Thooa too larga to bo antlraly ineludad in ono axpoaura ara fNmad baginning in tha uppar laft hand eomar. laft to right and top to bottom, aa many framaa aa raqulrad. Tha following diagrama INuatrata tha mathod: l.aa cartaa, planchas. tablaaux, ate, pauvant itra filmto A daa taux da rMuction diff Arants. Lorsquo lo dooumant aat trap grand pour Atra raproduit an un saul cllchA, il aat filmA A partir da I'angla aupAriaur gaucha, da gaucha A droita, at da haut an baa. an pranant la nombra d'imagaa nAcaaaaira. Laa diagrammaa suivanta INustrant la mAthoda. 12 3 32X 1 2 3 4 5 6 **%,' \/' '^ 1 >. i •i- ^^ i ; a BR I W- I* W- t^'- -^^'^-^s^ '*',■ VI .i> r:»f , ^■'■■•i.'-v" WHlok ARE iroW FIRST PUBiflU ^^ s^ '^"''•yiri;iiir'V-li'j:v'-y#^^ ' .n^> - !M' • •- ; a^^ll.::-;:.. .. • ,:^.,; '>^^-;:j>..^Ar^:'%:f^^^m\ .^»:. ifi.Vxi' ':* ' ^ ■' ' ■ ■ ' ■ * ■ • AMERICA: , ■'■' " ' ^*^4«i '^i^ijfe:^44-^ Printed, unknowa where, or by whoHM^d.: LONDON: 't|p#RtNTBD r«R John JossrH SrooftDAMy ■^lf-'Hi,kfMS^'k"- || V/ ■ ' 1808. '■9 *■'* n^f Pricf Si* Bd« ■ :S /■t.. N\ V / *'K. THE ADVERTISEMENT TO THIS EDITION. THE affairs of the United States become every day mor« nteresting to Great Britain. The men, and the manners of the United States, their principles, and proceedings, have acquired an mportance, during the present crisis, which they had not obtained, ill they became the rivals in commerce, and the challengers in war, of the British people. Such were the considerations which induced the present publisher of the following tract to give it to the Public. It is written with so mach acuteness, and ability ; and displays in so many new lights the leadersbf the United States, with their modes of reasoning and acting, that the Publisher presumed to think it would be a welcome present to all those who wish to see the great questions now at issue betweea the two countries fairly discussed, and perfectly understood. This tract was transmitted by a friend at Philadelphia to the pre- sent Publisher, It appears not from the title page, or otherwise, V'here, or when it was printed, published, or distributed. From that circumstance, we may infer the importance that was annexed to it, within the United States : and from that circumstance, the English ^ reader may determine, whether the American or the British press b#-,^>-^ the most free. If any one should entertain the least doubt of the genuineness of this pamphlet, he may satisfy himself, by inspecting the original work, in the hands of the present Publisher. He presumed to think, he only did justice to the subject, and a service to the reader, by annexing to this republication, an Appendix of State Papers ; consisting of— first, The Commercial Treaty with the United Stater, in 1794 ; secondly, A specification of the vari- ous changes which the recent treaty has made of the old, so as to give a perfect view of both ; thirdly. His Majesty's Explanatory Notes which forms an essential explanation of the new Treaty ; fourthly, Mr. Meiry's Letter to a Friend at New York is now subjoined ; as it throws a light upon the whole. -'\ i T. Oillet, Printer, Wild Court. i^ 'ICfflb du^w -A. ,# ■^^^ TO THOSE MEMBERS OF CONGRESS WHO HAVE THE SENSE TO PERCEIfE AND THE SPIRIT TO PURSUE THE TRUE INTERESTS OF THEIR COUNTRY THIS PAMPHLET IS DEDICATED. m- y \ A X-i^VC u4i PREFACE. THE matter of the fo!)„,vi„o. sheet, „..„ l »>nce prepared, but the p„bliea.'^„ ' '""^ fro... unwillingness to interW ,1 ' "'*'"'"*''' government; and fiom a">y. the, would .i;i~ «nd might pursue their course si '' '"^ ' eionsly, should we dcel „■, """" '"'^♦'■"'■'- torui... """''"•- ""'•»P""on that it leads wor;::j:2r%7:'h::;r"'^^-'^^ -n people acting a..:::, ■J„:X;:f 7'^---i- .on, that the wisest and .„ost%i'' ''"'''■"- -ave an .„,crest distinct from t-, fi^ "'".'"» "^ that they wish to tyrannize and „• " '""""' ■ -«''t to be lords and kin!, And t,'' """ ''"' acknowledged, that nothint cou11 '"«'' '' '^ tl>an a scheme to establish . "'"'' "''»""'. ■t '.as been taken t;,;"!';^ <"-'oeracy, their judgment are "e^lt ,""'" '"""' '"^ Project. If this produc dT! ';,' *'"" '""-"""^ excludethemfro^;™, , '"■ '""'' """■"> i \i PJiLFACE TO ^on olc ourselves with ,ho hone th.t , n • . "f (h.ngs ,v„„,d ,,„d^.^ •;'""" ' <1».et course «'« P"„ri.U ;^l,:"™-:'7"'.' cloud '^fns, be rcadj at the call nV "''"'°"' "■«'- "<= f-ave seen a mte s ' ; ' '""""•^- "^"t '■-"-Ho false ujt-, :';;;:;:"'-'.'---".. ""^asurcs which s.,ch ,.,/ '""""■"'• '''''c •'"'•od as part of iL , ™'''™"'™'' are eonsi- P-S-™ the co;„r ;';;"'"""" ''s'-'-nd *''«-r opinion of a„v ^e^lf ""' '" '''""''' "PP'-'^r^ to them .'uHvIt! "'^«'"'^'"""="t "hich ••"ted to a desire "21 """'"P"' ''' " ''«'- ^-p'o -^ .1...:: nL::;'ir"-^'-^.-7'' "•« ^anhi^^e has been f >?.p„ ^ "" ''"S"I^r ad- -..er.he,re.ert:>::;:«-^^^^^^ « the,r power to „..,„ ,,,/", .. '' " '' '"'''' »-'"st;„hereroerll? ''"""''" ''^^^^ h'^ f'iend., dare not ^^" "' "'^' ^"-''"'""t ""d ••»»-;.e pnncipies :;';:t„d:r^«7' -'''-'- people know he is their .; '. " '""^o "'« -d best .aninV^^jT-'fr-^ the ablest P'-deniiy than to repo e ^n T """"" '"' """"> "dopt the maxims wlWeh "' '" '"™ ' ""d Whatever those wij adt lefr '' ''"'*'""^' •■- thought p„pe.„.,,:-,;;;.o;~e V . THE BRITISH TREATV. \ll , and adopted as perfectly wise ; from which, at length, has resulted vbe very great evil, that where their opiHion or conduct l);i^ been t aced up to maxims danireroiis ar.d I'a'se, error ruisbeen adopted as an article of faith. Seeing* all this, we coidd not but apprche^id th.d it niiyht be dan5.»;erons io publish the mailer coiitaiiu d in the following pushes. We feared that, from bli(id confidence on one side, and blind enmity on the other, false notions might prevail and be established respecting our exterior relations, of which foreigners would not fail io take advantage. But it is no easy matter to get loose from treaties with a great power. And al- though it is a misfortune to be bound by treaties unequal and injurious, that is not the only misf(3r- tunc. The jealousy of rival powers is excited, and they take every conveident occasion to make us fc'cl their resentment. A late event has roused public indignation ; and Americans, waking from their long dream, appear desirous of knowing their condition. ^\c see with honest pride the spirit of our country. Neither submission to insult with the view to save money, nor the disgraceful expedient of purchasing delu- sive tranquillity, have yet unnerved the public mind. It may be expected that we should say a few words on this event. We put aside what preceded the assault on the Chesapeake^ because, even if our government had been in the wrong (a subject on ivhich as yet we form no opinion), the attempt to \11I PREFACE TO search a public slilp of war appears to us unjustifi- able ; and more especially so on our own coast. We ^rmlj believe the British will not attempt a justifi- cation; hut will, for their own sakcs, grant satisfac- tion. We do not mean to say that they can be bul- lied into submission. They are a high-spirited nation, and will not be bullied. If any thing pre- vents them from giving satisfaction, it will be a de- mand in terms so injurious as to put us in the wrong. Then, indeed, wc may be answered in a tone to repel the insult of threatening language; which, as it is addressed to fear and not to justice, implies the opinion that wc have to deal with scoun- drels and cowards. When, therefore, we express an opinion, that the British government will, for its own sake, give satisfaction, it is from the con- dition expressed by Admiral Berkeley, and which would at any rate have been implied, that they are willing in their turn to submit their ships of war to search. This, we believe, they never will submit to, and therefore presume Admiral Berkeley will lose his commission for making the offer. We may be mistaken in our view of the course of events. Things may be brought to the alterna- tive of submitting to insult or going to war. la that case, not pretending to conceal the misfor- tunes which must attend hostility, we think every thing is to be done and suffered to vindicate the national honour. These are the constant senti- ments of our hearts, unmoved by irritations of th« THE BRITISH TREATr. IX njuslffi- asf. We ijiistifi- satisfac- be bill- spirited ng pre- )e a de- in the Bd in a ?uage ; ustice, scoun- xpress ill for 5 COll- which ej are var to ubmit K will moment. These, also, are the deliberate conclu- sions of our judgment. If any gentlemen suppose the war will be feeble and harmless, they are de- ceived. It must be severe and bloody. But it must be sustained manfully. And we have so good an opinion of England, that we think. she will not like us the worse for fighting her on the point of honour. In the mean time, it becomes us to sus- tain the dignity of our character by the language and deportment of self-respect. Let it be remem- bered that foul and abusive terms come with pro- priety from the mouths of none but prostitutes and cowards. In the following sheets wc have endeavoured to avoid reproach and crimination. In some instances indignation has burst forth. We might, it is con- fessed, now soften the terms. But really there are occasions, on which wholly to restrain the warmth of expression, implies a defect of honest sentiment. And there arc subjerls also, io treat which in the cool style of narration, is to betray the cause of virtue. Aware that it may be said we are personally hostile to the administration, we think it proper to put the question at rest, by declaring candidly our opinion. We consider, then, Mr. Gallatin as an efficient man of real talents. Wc did not approve, neither do we now approve, of his appointment; but we forbear to assign the reasons, because, as far as it has come to our knowledge, his conduct X PREFACE TO is not reprehensible. We believe, moreover, that he is not swayed by pecuniary motives. We are convinced that he touched nothing in the Louisi- ana concern, and have no reason to suppose he will pocket any part of the sum to be expended in pur- chasing the Floridas. We consider Mr. Maddison as a man of considerable genius, though somewhat slow, and of great industry. We approved of his appointment. We knew indeed that he was a man of feeble mind ; and had seen with concern that he gave himself up to Mr. Jeflersoii, without reserving the use of his own judgment. When we first knew him he was a y«uth of ingenuous tem- per, whose ignorance of the world exposed him to become the prey of any sharper (of either sex) by whom he might be assailed. From a defect of firmnes» in the texture of his mind, and perhaps also from a defect of education, he was not in the habit of recurring always to fixed principles for a decision on conduct and opinions. So long, how- ever, as he hung on the arm of Washington, his course was steady, and gained him honour. But the instant JiC let go that hold, he fell into a rick- ctty condition, from which he never recovered ; and is now in a deej) decline of character, for which we fear there is no remedy. '1 he first vio- lent symptom was a panegyric on the French con- stitution: the more extraordinary, as that instru- ment, in all its prominent features, was opposite to the constitutioa he had assisted in making, and ,. t THE BRITISH TREATY. H er, that We are Louisi- he will in piir- addison lie what I of his was a ;oiicern vithout hen we IS tem- him to -x) by cct of erhaps ill the 3 for a how- 11^ his But rick- :'rcd ; for vio- con- stru- osite and ». " ^ laboured earnestly and successfully in persuading us to adopt. It would be painful to mark the steps by which this gentleman has descended to his pre- sent condition ; the mere instrument of Mr. Jef- ferson. We believe him still honest and well dis- posed. We think he would make an excellent first clerk in the Secretary of State's office, and sin- cerely regret the want of qualities and talents for the pldce he occupies. Mr. Jefferson is a man of pleasing, modest, unassuming manners. Ilis con- versation, generally amusing, is frequently instruc- tive. Though not deep in any one science, he has that acquaintance with them all which becomes a scholar and adorns a gentleman. He has a consi- derable share of genius ; and there is, in his de- portment, an air of frankness and of deference to others, which arc agreeable to all, and are sure of captivating the young and inexperienced. If there be blemishes in his private character, we have no- thing to do with them. We consider him as a public man, and in this view he has great defects. Like others who have fallen into the idle habit of questioning established truth, his faculty of weigli- ing evidence is impaired. Hence siirh mi asto- nishing degree of credulity, that he "Mid'imf only believe the French were free while i^uiicmig . '*• pression the most cruel and bloody th I ever poor wretches groaned under, but (Uncling it 5»rinlt-l ift a French book) he Ixlieved, and gravel, io; lie Congress, there is a great mountain of salt i Loui- u J i I I ' xu PREFACE TO siana. Mr. Jefferson has also the misfortune to be a schejner, perpetually occupied with some strange out-of-the-way project. If this were confined tp speculation^ it would be a harmless foible ; but he tries to carry his projects into effect. Sometimei he prevails on .the Congress to adopt thcm^ and then poor sailors are sent a-ducking over the oceaii in gun-boats. At other times he is less successful, as when he proposed to stow away ships of the line upon shelves. He labours also under sucl) defect of mental vision^ that he seldom sees ob- jects in their natural statr and true position : just as when we look through a fog, many things near U5 are not perceived, and those we see appear larger and nearer than they really are. We have said Mr. Jefferson is not deep in any science. He js more deficieist in that of politics than in any ot^jycr ;. and indeed it is impossible he should ever become a statesman ; because a clear, distinct, and comprehensive view of objects, with a ready conception of their bearings on each other, is a needful pre-rcquisite. A sjcond pre -requisite is, so to weigh evidence, presumption and probability, as properly to give or witlihold their faith : in shor^, to bciieve what we ought, and no moie. A third is never to iniliilge notions which have not expc- t'wuvc to recommend them : for though it be pos- pible that after (hc^ many years which history num- bers, and discovered, it is not likely; and if it were, the maxim of physicians should be adopted, to make experiments on bodies of little value, and not oa the body politic. If any gentleman assume as a principle that mankind can be governed by reason; and insist, notwithstanding the evidence of all his- tory, ancient and modern, sacred and profane, that we may prudently rely on reason for the defence pf nations, we would advise him to commence a course of experiments with his own family, and §ee how far reason will go there. If successful, )et him proceed to those with whom he transacts business. Let him reason theni into the support pf his pecuniary or political views, without any regard to their own interest. If again successful, let him go or send to such a man as Buonaparte, ;^Rd^eU him 'tis unreasonable that boys should be taken from their parents to fight and perish in the plains of Poland. That, instead of employing large armies, it would be cheaper and better to pick put a few able negotiators, if any can be found among his own subjects; but if not, to borrow Messrs. Armstrong and Munro, and send them to persuade the Emperor of Russia and King of Prus- sia to surrender their dominions. That a proposi- tion so reasonable in itself, and supported by so much eloquence, could not be rejected. If Na- poleon, being persuaded himself, should in this quiet, friendly way, persuade his brother Alexander, \\\e spccilic would indeed have the sanction of fair l!i I I li : It iiv PREFACE TO experiment, and might safely bo adopted. It would Burely L»e a e^reat improvement. Happy condition ! Avithoiit Heels or armies, jut^ges or constables, laws or excculioners, to sit secure and happy under the broad shade of reason ! But if it should prove, on trial, that neither in a family, a city, a national ussemhly, or with a leader of nations, the force of reason can he relied or. ; if it should again, for the ten thousandth time, be demon.strated, that what has been true siice the work! heg'an, remains true at the present hour, and the t;:ciitleman still insist on liis project, he could not be much respected as a politician. But though Mr. Jefferson is not, and, from the reasons just mentioned, can never becomie a statesman, he is a man ofg:roat address. Hav- ing a quick sense of danger, he has studied the means by which it may be avoided. Knowing the instability of popular opinion, he knew that to rely on it was unsafe. He determined, therefore, to avoid responsibility. This is the cardinal point by \vhich the course of his administration has been di- rected, with undeviating attention. Consistently with this plan, he associated the house of represen- tatives in the exercise of his functions. The leaders to whom he applied, were charmed with the mark of confidence, and beyond all measure delighted with that republican spirit which, instead of seeking unlawful power, so freely and frankly discharged itself of the unlawful power with which it had been invested. When, over and above that excessive f THE BRITISH TREATV. XV condescension, the patronage of office was laid at their feet ; when they were invited to select the proper suV)jects for appointment; and when they were told that they, the immediate representatives, were the organs through which he wished to learn that will of the people which it was his pleasure and pride to obey, how could they suspect the mo- tive to be selfish ? It was natural to believe the fountain pure when its waters were so refreshing. In this way, however, the house of represcniatives was brought to initiate executive business, and, taking responsibility from his shoulders, to invest him with unlimited power. Like a sly animal in the fable, who likes roast chesnuts, but will not put his paws in the fire, he crept behind the cur- tain, and persuaded a friendly cat to undertake that part of the business ; content, provided he gels the nuts, to leave with others all the honour of raking them out of the embers. IJy this course of conduct, Mr, JclVcrson has not only injured the constitution, and established a system of corruption ; but (extending the v.eb of intrigue to influence elections over the whole country) he has composed a congress of such niiiterials, that respect for the national govcrnmciit is much diminished. He has placed himself also in a state of dependance, whereby he is driven to do unrighteous things, and which disenables him from becoming useful, should any course of events restore him to the love of ho- nest fame. Of the other members of our administratioa I h XVI PREFACE TO THE BRITISH TREATY. I ndthing need be said ; neither shall we take notice of those who are occasionally charged with com- municating the President's wishes to the Legisla- ture: a sort of ministers whom Mr. Randolph has' described in terms of no little acrimony. Having mentioned this gentleman's name, we will add, that he appears to possess, in an eminent degree> some distinguishing traits of the Virginia charac- ter: A lively genius, a bold spirit, a high and haughty mind, with the habit of thinking for himself, and commanding others. Unfortunately for him, be took up false notions at an early period, and committed himself to such an extent, that he finds it difficult to eradicate the impressions from his mind, or free himself from the perplexities with which they entangle his conduct. The executive government, having studied his character, were glad to employ him. He was their sword and shield. But there were some views and plans which it was deemed unsafe to confide to a person of his temper. His indignation at the discovery M'as exprest in terms not easily mistaken. But though he flounces, he cannot break loose. He is not deficient in personal courage ; but he dares not leave his party, [ndeed, he is haunted by the pa- nic fear, that the high and honourable sentiments he has expresssed will lead the world to believe him a federalist. This apprehension, though whimsical, is not singular. It has, though with far less rea- son, laid hold of a kind of up and down man, who writes letters to his constituents in Vermont. THE i 1^ THE «•:. tA BRITISH TREAT'Y. THE gentlemen now in power used formerly tf imposing a imposed by by substitut- rmerly, made imposing on British ports adequate to '* countervail the difference of duty now payable '' on the importation of European and Asiatic *' goods when imported into the United States in " British or in American vessels." Instead of this, the following words made part of the new article. ^' And in the trade of the two nations with each *' other, the same duties on exportation or impor- '' tation of goods or merchandize shall be imposed, *' and the same drawbacks and bounties allowed *' in either country, whether the exportation or im- *' portation shall be in British or American vessels." The sixth article of the new treaty states that the parties cannot agree about our trade to the Bri- tish West Indies ; but that " while they will attempt *' an amicable agreement, both may exercise their " existing rights." The seventh of this, like the sixteenth of the other treaty, provides for the appointment of con- suls, &c. The eighth of this, like the seventeenth of the other, provides for speedy decision on the capture and detention of vessels suspected of carrying enemy's goods or contraband of war. There is added a promise on the part of Great- Britain, that, hereafter, indemnification shall be granted for un- just seizure, for detention and vexation. The ninth article is the same as the eighteenth of the old treaty (respecting contraband), only that tar and pitch are excepted from the catalogue, un- less when going to a place of naval equipment. ! I'll ^ THE BRITISH TREATY. The tenlli article is l!i(3 same as the eighteenth of the eld (respeeting blockade), with the addition, that passen<»;ers, not in the military service of an enemy, shall not be taken and made prisoners. Hy the eleventh article, citizens of the United States may carry European goods to the colonies of enemies of Great- Britain (from the ports of the United States), provided that both vessel iind cargo be, bona fide, American property, that the goods shall have been nnladen within the United States, and that (in addition to that part of the duly already reserved from the drawback on exj)or- tation) the further sum of one percent, ad valorem, on such goods shall be paid. They may also ex- port, from the United States to Europe, the produce of colosiies of the enemies of Great Britain, pro- vided they, being neutral property, shall have been unladen as before, and that two per cent, ad valo- rem, be paid on exportation in addition to what is reserved on the drawback. After the expiration of the treaty, all antecedent rights on these subjects are to revive. The twelfth article extends to ships of Great- Britain, and of all nations who shall adopt the same regulation, the protection of our neutrality from a marine league to five miles from our shore. The thirteenth article is substantially the same as the nineteenth of the old treaty, regulating priva- teers. ^ tllE BRITISH TREATY. ^3 The foiirtocntli is the same as the twentieth of the old treaty, respecting; pirates. The fir»eontli article of this treaty, like the twen- ty- fir nal ar- 5tia(ed, [on. It ^h and oreign c Ma- posed, n mi on of untrj subject to the right of navigation which we had acci'iired. She, however, might well contest the j»oiiit, because the grant was made to ns by* a power not in possession at the time, nor at any time afler. The controversy with Spain respecting that nuviijatiou cannot be forffotten. We of course availed ourselves of every argument, and among others asserted the supposed riglit of those who dwell on the banks of navigable rivers to pass through the territory of their neighbours in their progress to the sea. This question, often agitated, has been decided differently, in fact, according to the different relations of power ; but in principle and general practice it has been held that no such right exists. A strong case in point is that of Den- mark, who exacts a duty from ships of all nations passing to and from the Baltic. The grant of Britain, therefore, being one ground of our claim, then unsettled w ith Spain, Mr. Jay prudently in- serted a recognition of it in his treaty. The stipu- lation, in so far as it related to any right conferred on Britain, was indeed a nullity ; because the Missisippi, not extending so far north as had been supposed, she did not possess one inch of territory on its shores: neilher had she any right, or ev^n pretext to ei»ter its month, then in peaceable po£- .session of his Catholic Majesty. Such was the state of things when the old treaty was made ; but circumstances have materially changed. M e have purchased, not only thvit part THE P.RlTIsn TREATir. ■I I :i;- ■■•li:] of We^t Floii'.ta NTliirli joius the j\Jissisippi, br.-t island of Ne\v-()rleaj!s also It is frue. thaK from conduct wliich we shall not, on this occasion, devel o pe. Ave have Aunislu'd to Spain a 2;ood pre- text, perhaps a jiood reason, for wiliiholdini;' our share of West-Florida. l>nt let those matters he settled as thev may, it is unquestionaijle that we have acquiicd the rii;htto exeliule the l>rifish from the ]VIi5.sisi[tpi. Should it he preieuvled that the stipuKitious in the old trcaly j>iv(i them a rip;ht to uavigate the river, it may he answere:!, fust, that '' J stipulalioMs are made in reference to^ and con- formity with the treaty of peace; and, secondly, that our grant extended only to things which we possessed, andean by no fair coi'slruction end)race wliat we might afterwards acquire. This principle; of common sense forms an acLnowledged maxim of public laNY. A\e conceive it evident, tiierefore, that British vessels have no more r.'ght lo enod pre- t''ilol(lii;o- Qij.j, ■'« niatlcrs be ^"'>?o (hat wc »'^rifisli froiM •i'tl tliat file in a rio-ht („ '' fiisf, (hat • ^^% and con- 'tl sccondlv, gs which \ye IJon embrace piJs principle* 'i^ed maxim tJiat British " Missisippf ish harbours 1 he wise ({» "t certainly tiqiiivalent, ►^erc, ill the ^r claim to Ve have on iry wafers, the sweep- cation, the THE BRITISH TflEAiV, o5 first ten articles of the old treatv, vve shoul; rosi^^n all claim to navigate tlie St. Lawrence from tlir sea, and aflbrd to the Bsiiisli a pretence to navJLr^ati the INJissisippi throiii;*h its whole extent. Such woukl, wepresiimc, be tlie constnieUou of British com;nent;»lors. If denied on our part, it might become the source of cavil, p<'rha])s of quarrel. If admitted, we shoidd discover that the concession of a grcfit and valuable privile<;e had been unwit- tingly nuide, witlioiit th(^ slightest eq!U>:ili'nt. hJhoidd Great Britain wish to trat'e willi U'3 on tJhe iMissisippi, s!i(^ would certainly |;ay i\n- i{, by grant- iiigusa like permission on tlie St, Lav.rciue. This would do her no iiiiurv, nor vm'w oi t asioii any in- convenience. Nay, it. miglit, under certain circum- stances, be advantageous to her. To us it is of great and growing importance. Our territory on the waters of the St. Lawrence is worth much more than what we purchased from I'rance, and have now to dispute with Spain, under the name of Louisiana. Our citizens wlu) itihidiit that part of America, would be materially heneiiied if their •produce could be sent, in American ^bottoms, free from war-freight and insurance, to seek the best inarkets. They are at present confined to the ports •of 3Iontreal and Quebec, where they must take the prices British merchants choose to give, or transport their goods one hundred and lifty miles to Albany. The fourth article of the old treaty was framed 36 THE BRITISH TREATY. f'f :'!r: :i':!< n,M^ i' ', ; : \^ ! II': I :j( to obviate difficulties in tbc second article of tlie treaty of peace, fixing as our nortlierii boundary a line to be drawn due west from the Lake of the "Woods to the Missisippi. And (he fifth was framed to obviate difficulties respecting our eastern boundary. Subsequently, however, to the year 1794, a sur- vey of the interior of America, by British merchants established in Canada, under the name of the North- IVest Company, had proved that a line due west from the Lake of the Wood« would run north of the Missisippi ; so that no further measiues were needful to ascertain that point. The River St. Croix, also, had been identified. Two points, howcAer, re- mained to be settled ; the line from the Lake of the Woods to the Missisippi, and the termination of that which was to run north from the source of the St. Croix, on which depends a large tract of coun- try in the district of Maine. Connected also witli our eastern boundary, is an object of little intrinsic value (Moose Island), but important to the trade of Massachusetts, and to the revenue of the United States, Another matter of considcral)le import- ance, particularly to the State of New-York, bad remained unnoticed. This was the ascer- taining those islands in Lake Flrie, Lake Onta- rio, and the River Saint Lawrence, va hich belong to the TJnited States. Much time must elapse before the north-eastern corner of Maine, or the Regions at the source of the Missisippi, can be cul- >«fcik.i«-!«W» THE BRITISH TREATY. 37 ' article of (lie 'it^r!! boundary Lake of the lie fifth was "g- our easier II '• n94. a siir- ish merchants of tiie Nortli- line due west 1 north of the >vere needful ■ Croix, also, ho^\ever, re- Lake of the luination of oinve of the ict of eouii- ed also m ifJi :!i[ i< roi\v;irv]. thjit if was the desire of Cojm'i'css to (i'^Ci'r''j!i an>' cstr(blir.h [lie b!)mM.l;irv I iiic bv coii^nussionr. s, Nvlio shDiiUl rciiiiir to tlie spot, (Jesirri^Jitc tl'c liniils, a:i«l cau'^ic propiM' mon u- nicuts to bo (looted. Kvcrv onn acquainted with our public piocceain^rs knows that a vj'a nt of au- thority is coo.'^i'.Icred as an iiijini'ctioii to perform the act speciiicd. That p^eiille maimer of express- ing tlic publ-e will was adopted from re.^pect for the frrst iiiDL^islratf^. IXIoreover, if ti^e two houses should reqwle any t];iu<;' whiih he deern^- inijiro|>('r or inexpediii't, hv v ill (d' e'.v.riso withlndd liis as- sent; \vliei\:foie hii aj»}ii ('batio'.i implies a promise that he will eomj ly v. ,ili i! ri.- wifd'.es. 'i lins theii the law inst t itcil amoiiiUs to ./m or.irr of Concre.-s, and a >roi liise (if t'e Pic nvleiit to ascci tilif. and cstahltsli the boi'iida.'N betwr-Mi t!\e Untied Iritatcs and I )j'ei' Laiiaua. U renuiins to linpure w lietl ler that eniian-emiiit has lietii complied ^^i(h; and if not, wl at vejc the imj'eiiimenl!?. Instrnetions were piven to theAmeii'an mini?- (or in London, whidi euibraeed all the matters above mentioned, except inj.;, only, tho-e rontem- pliiied by the law. The minister accordini;ly treated with the Dritish go\ernment ; and such was their conlidence in him, and their liberality to- wards us, tiiat he was desired to frame a conven- tion ajri'ccal Iv to hi:!j own wishes. He drew it in the very words of his instructions, and it was Nii.^.-i.»--, THE BRITISH TUFATV. 59 itnmi.ulialoly exiuuted. Every thing asked \va< ivranled. inul tiieie can he iioiioii'ot that, if the object uf t!ic law h ul been b.oui;iit I'oiward, it ^vould liiivc hciMi as readily and a-i saJisfactorily adjusted. At preset it ifMUains as it was, the evils daily iiuTcasij!;,*;. Tiie ct)nv( r.tioii, however, r.iarle complete provi- sion for the Kuhject matter ol" the fourth and fifth articles oT the old trcaly. It fixed our eastern boundary, settled the course of a lino from the Missisippi to the Lake of the Woods, and con- fumed our title to Moose Island. It was dulv sent over to America; was received, and was mentioned by the PiCriident to the Congress as a satisfactory arrangement. So far all went on smoothly. But previous to a ratification, the Louisiana treaty came forward, and i>eems at once to have fascinaled our adminislration. Instead of considering the condi- tions of this costly bargain, they considered only liow they should secure the merit of making it, to theuiseUcs. And iiij^tead of adopting prudent mea- sures to possess the valuable tract east of the Missi- sippi, which was clearly within the grant, they set their fancies to work in stretching the boundary north and west, so as to reach the polar circle and Pacific Ocean. Careless of the centiuies which must roll away before we can populate our old do- jnain, the President, in his anxiety not to lose one acre of those prodigious deserts which extend fioi.\ Lake Superior tj Nootka Sounds refused to ratify 40 THE BRITISH TREATV. Ifl 5i ! t 'I ' ! I the convention, lest it should he supposed that something was tlicrebj surrendered of what wc had purchased under the name of Louisiana. This may seem incredible, and we will not vouch for tha, truth. The true cause of his refusal may be one of those mysteries \vhich it is convenient to hide from the people. But it is a fact that the convention was not ratified, and that the President assigned, for the omission, the reason just mentioned. Whe- ther it will satisfy our fellow-citizens we cannot pretend to guess. Perhaps, like other things which pass our comprehension, it may be sanctioned by that confidence in his wisdom which numerous in- dividuals and respectable bodies so eagerly an- nounce to the world. We believe, and not with- out reason, that it gave great umbrage to the Bri- tish court. They considered themselves as trifled with, and could not help considering those who administer our government as capricious and inat- tentive to the rules of good breeding and the prin- ciples of good faiity ; approved by a Senate of no mean talents, and ratified by the il- lustrious \\ ashiiigton ; that treaty, for defending which, men respected for (heir discerniuenl, their judgment and iidelity, weie exposed to the insult of an enraged and misguided populace; that treaty is no more. After fullilling the hopes of good men, and falsifying the predictions of others ; after pro- curing a surrender of the weslern posts, and thereby terminating Indian wars ; after closing the wound our public faith had received, by laws contravening the treaty of peace ; after obtaining, for injury done to our trade by Brilisli cruizers, a compensation greater than any thing which had ever been paid b}' one nation to another ; and, above all, after securing us from an alliance with France, by which we could have gained nothing, but must, like her other allies, after the loss of our wealth, our THE BRITISH TREATY. 43 m the whofe treaty with Jiai* censure, (^'»tj, Ihoug-r, tr difficulty Hilar odium t^i'itail our ui* seamen, >ur agririil- t' us to the > concluded mijate pru- I'oved by a I by II, e ii. tlclendiu 'ueuf, their '> ^he insult tiiat treaty good men, iifter pro- fJd thereby he wound draveuiiiff jury done pensation ^<'t'n paid all after ^y which ^"ii, like iihh, our S' icoiiimerce, our industry, and our morals, have sacrificed our independence on the altar of Gallic ambition ; that misrepresentedj decried, and vilified treaty has expired. It expired when its enemies bad exclusive possession of the government ; when, by the influence of party, they had unlimited power ; and wheu a majority of the people, re- nouncinp; the, use of reason, reposed in them un- bounded confidence. It expired when England, wliom they had pourtrayed, in 1 7 1)4, as on the verge of bankruplcy, and in the last stage of de- crepitude, was not only laden with a new and accumulated burthen of debt, but was engaj^cKl, singly, in a war against France, Spain and Holland. America, on the contrary, had increased in strength and wealth beyond all example, and possessed resources be\ond all hope. In a word, we were released from our engagements with iiritain, at the moment of all others, when those now in power, bad their opposition I)een fimnded in reason or truth, were bound to perform what they said it was so easy for their predecessors to accom])lish ; and for the omission of which, they branded with foul imputation the ablest and best men in America; men who would do honour to any age or nation. In tlicse circumstances it might be asked, if our rulers have remedied (in ISO;)) tliec\ils whicb (in 1794) they imputed \o their predecessors as cri- minal neglect. It might be asked whether England had ceased to impress seamin f.oiu American 44 THE BRITISH TREATY. I !» i) 'i i vessels, and permitted our sliips to protect the goods of her enemy ? Whether she had reduced the nnpost on our raw materials, or taken off the excess of duty on her own manufactures exported to America, beyond what they pay on going to other countries ? Whether she has permitted us o enjoy a free trade with her colonies, or modified her navigation act in our favour ? W hethcr she has discontinued the exercise of her right of search, or relinquished her system of blockade ? To thcjc questions no satisfactory answer can be given. We shall not, therefore urge them. It is not our object to be severe; for if it were, we should gay. Gentlemen, you compkined of sacrifices made by the treaty of 1794; and not only opposed the ratification, but tried hard to excite opposition, after it had been ratified, and thereby become the supreme law of the land. Now, then, point out distinctly those sacrifices, if you would exculpate yourselves from the charge of uttering falsehood to excite sedition. And having designated Iheni, give good reason forbearing patiently, now, when there is nothing to be gained, and notliing to he feared, what you insisted should not be submitted to then, for valuable consideration, and to avoid impending danger. In the alternative to which you have re- duced yourselves, say — were the American people deceived then, or are they betrayed now ? This would be the language of crimination. But we Ji»ve no wish to criminate, We really believe these THE BRITISH TBEATY. 45 protect the pad reduced f^'^^n off the s ex|;ortt"d II going to '•mitted us r modi /zed •'ler she has of search, T«) these '^e gi\en. ^s not our "e sI»ouId fi<-cs made posed the opposition, icoine the point out exculpate sehuod to leui, give »cn tJiere e feared, to then, pending- lave re- people ' This But ue c tliese gentlemen complained so much because they knew so little. We proceed, therefore, coolly and impartially to examine what they have done, and to compare it with what they denounced. If their work be better, let them, notwithstanding the more favourable cir- cumstances, have praise and glory. If worse, let us pity and forgive. They insisted, that with re- spect to our India trade, the old treaty had worked material injury, by depriving us of privileges en- joyed before— That it took away the benefit of coasting between the different ports of Asia, and prevented us from supplying Europe with com- modities direct from India — That it was a a:rievous hardship to be obliged to return home, and unlade the cargoes of the East before thev could be vended abroad — That a little intelligence wouhl have taugh* our negotiator the importance of the privileges ue gave up, and a very little firmness have enabled him to secure them. To prove ms incapacity, or infidelity, it was observed, that im- mediately after the treaty was made, an act of the British Parliament bestowed, gratuitously, on all the world, more than we had obt.iined by great sacrifices. It was vain to re} ly, that what one law had granted, another might resume — That to secure great objects, by surrendering small ones, was better than to leave both at the discretion of those who might take them away — That although the interest of Britain led her, at that moment^ to per- 45 THE BIMTISTI TREATY. ;lf'i::!i!; Mill' ' ' \m. , nut, that \YC., and others, should enjoy more tlian she had e;ran(ed to us bj treaty ; yet her interest might ehang'P, or new men inij^ht adopt new mearaircs, from false or partial views, from pique or capriee. To this, and to every thing else, a de«if car was turned. The object was not to reason, but to condemn ; and therefore assertion was ac- cepted for proof, and clamour for argument. Lot us then compare the third article of this new trcatv wiih the thirteenth of the old one, and see how our India trade will stand. Worse than before- much worse. Everv old restriction remains, and a new one is added of most serious effect. Our vessels trading to India must now sail direct from ports of the United States. Formerly they cotdd be fitted out and laden in Europe. They could proceed from Germany or Holland to France and Spain, take in brandj-, wine, and bullion; thence to Madeira, and so on. This cannot now be done; they must sail direct from the United States. It has alreadv been mentioned, tliat the fifth article of the new treaty contains regulations re- specting the duties on ships and merchandize. To estimate their worth, we must compare them with provisions made, on the same subject, by the fif- teenth article of the old treaty. This reserved a right to Britain of countervailing, by duties on our vessels entering her ports, the excess of duties paid on European and Asiatic goods in her vessels entering our ports : a difierence which operated ^^ ..W^'^k^. THE BRITISH TREATV. ^1f \y more tlian ^•i'r inf crest adopt new ^rom pique f'Jsp. a dciiC to leasoiij «» was ac- ment. tct new treaty 'd see how '« before «i«'ns, and rect. Our lirect from ''PJ CMlM '^ej could »ance and »; thence he donci ■s. c fifth itions rc- ize. To J^'m with the fif- served a s on our ies paid vessels perated strongly in our favour, and made us, almost, the ex- clusive carriers of articles for our own consumption. Biiuiin saw, with concern, the flourishing state of our navi?.;ation ; and tried to restrain it by making regulations according to the right she had reserved. But the attemjit was vain ; for she could not lay a burthen on the articles carried to her in our ships, without injuring: her cxMseral svstcm of trade and manufactures. Thus, although each enjoyed equal rights, ours could be, and were, exercised with advantage ; her's were useless. A difference of this sort must exist, when nations, under circumstances materially dill'erent, make reciprocal covenants of the same import. Of this the new article before us presents an instance of no common magnitude. It declares that the same duties, drawbacks, and bounties shall be allowed, by both parties, in the trade of the two nations, whether the exportation or importation shall be in British or American vessels. By these few, but potent words, our relative situa- tions arc completely reversed, and a few years of peace would nearly annihilate our navigation. This, apparently, liberal provision was always a favourite object of the late Mr. Fox, whose intuitive ge- nius saw clearly its effect. Indeed, rather than fail of obtaining it, he >vas willing to open, on the same terms, their West Indies to our shipping. It was a favourite also with our President, because it has a sort of philosophic appearance : perhaps also, because it seems to favour those who cultivate <8 THE BRITISH TREATY. "; r tobacco. That it would injure them, as well as every other class of the community, is evident, both from reason and experience. It is evident from reason, because that commodity must, like others, be reduced in price, when one nation has a monopoly of the trade ; and that must happen when the navigation of the world belongs to one nation. It is evident from experience, because the price of tobacco has advanced as American naviga- tion has increased. But without spending time in seeking the reasons for particular opinions, let us examine the article. There was a time when ships could be built« in the United States, cheaper than in Europe ; and although they were navigated at greater expense, yet the advantages of sailing de- rived from their construction, and the superior activity of our seamen, enabled us to compete for freight with the Dutch and English. But circum- stances have greatly changed. Ships, from the high wages given to our mechanics, and the high price to which timber has risen, cost more than in Europe. Sails and rigging are out of all proportion dearer, and so are seamen's wages. In time of peace, insurance will also be cheaper on British than on American ships. Thus, then, we are to contend for the carriage of our produce, and of the articles we consume, with a nation possessing the advantage over us in equipping and navigating ships, as well as in the insurance. Perhaps it may be said that we can build as cheap as the English ^ THE BRITISH TREATY. 4^ 1^ as well as is evident. It is evident y must, like nation has a 11 list happen ongs to one because the ican naviga- ling time in nions, hi us when ships iper than in avigated at ' sailing de- [he superior compete for Jut circum- , from the id the high )re than in proportion [n time of on British we are to and of the sessing the navigating ips it may English ^ < iind it shall, for argument's sake, be admitted that we iiiiiilit build even a little cheaper. But this circmnistance would be of little avail when opposed bv others so much more powerful. Nay, were they all equal, the superior capital of Britain, and the resulting lowness of interest, would be decisive in her favour. It may be said that trade and money seek a level, which in time would be found. In other words, that the wages of ship-carpenters, black-smiths, rope-makers, sail-makers, andseamen> would fall so low, fiom'being out of employ, that, notwithstanding the higher price of hemp, iron, copper, duck, and cordage, our merchants might (at some future day) resume the contest with better chance of success. Rare consolation ! Our mer- chants being ruined, and, in consequence, the de- pendent members of our country's commerce reduc- ed to misery, these poor people, to obtain .bread for their families, must work lower than men of the same description in Europe, so as thereby to compensate the higher price of materials: in whch case a merchant may begin again, if he shall have been so prudent or fortunate as to save a little from the wreck of his alVairs. On general principles this result might be admitted. But is it certain that our sailors would remain idle rather than em- bark in British bottoms ? Is it certain that the numerous artificers .lovv employed in building and equipping ships, would quietly starve, instead of iceking other employment ? Is it certain that young G 50 THE nRlTISH TREATr t! I M- IN I ! i I por so ns NvoiiUl continue to learn trades of sik h little liapc ? V* c acknowledoe that difierent ini- i">^ j)ressiO!>s are made upon our niindH. We believe that tlic blow given to our trade and navigation by th fs jmprov ident concession, would throw tiicni back to what they were twei;ty years a<;o. And we have no shadow ofdouhtj thatbv the prostration of our coninMirce, every order of our fellow citizena would be tcricvouslj afllieted. But if the fifth article of the new triMty beef sucli jjortentous iuiport in itself, what is it when connected with that which immediately precedes, and that which innnediatcly follows; or rather, what is it not ? \Vc have seen that our ship:^ trad- ing to India must sail from and return to our own ports; and that, in the trade of the two nations, efjual duties shall be imposed, be the sliips British or American. V> hen tlu'se conventions are ratiOed, nothing more will he needful for Britain, to perfect her system, than to modify the monopoly of her India Company, so far as to permit all her mer- chants to trade freely with Asia, provided they do not bring Chinese and Indian wares to Euroj)e. A British ship could then sail from London, pick up in the way whatever nn;';ht be needful to the assort- ment of her cargo, traRic along the coast of Mala- bar and Coromandid, proceed to China, and at length come full fraught with tea, coftee, sugar^, spices, silks and cottons to the United States. She could undersell her own adventures in our own 'I TlIE BRITISH TnEATV I tJi/i'ereiit ini- "«'V!o;>.Ji<)n by ■^ ^'i;'^- And '^^«w cifizciia ^'•i-aty be of t IS it when -'j precedes 01' rather^ ^ ships trad- *o our ouij ^^t> nations, '^'!>s Uririsli aicialij:cU, I, to perfect ^"'.y of her '" her nier« h-'d they do "^ pifk up *hc' assort - ' of Mahi- ^j and at -e, su^ar, ites. She our own jiortSj and return, Iiideii with our most vaUm)>lrt t'oinuiodilies, and our coin, to reward the industry ' of (hose who live under a wise governiuent. Ff any one slioidd imagine, tliat we could trade to India, under such disydvantag-es, we iiitirat him to apply for iaforniulian to an intelli;:;ent mcrcliant in whom he has coniidence. We could show, by facts amounlini:; to a dcmoni^rlration, the truth of what wc advance; hut it would occupy too much space. \Ve relbr to merchants, without regard to Ihcii- po- litical sentiments. Kut the [ndia tia^lc requirini^' l;ire;e capital, it is possible that s.nall dealers may, un:!er the influence of envy, he not unwilling* thit i'orcigner.s sJionld run otfwiiii the heiu'Ilt which has hitherto cheer<*d ajid cherished our coninuucial cnterprizc. Let .such persons look at the iioxt suc- ceeding article, wliich stales, that as the parties cannot agree about our trade to their West Indies they will attempt an amicable arrangein<-i)t, and, in the mean time, Lotii mav cxerci)-e their existing' rights. A more cutting; iron} was never perhaps inserted in a national conjj?:rct. A\ hat are the ex- isting rijihts ? That of the British is to exclude us from their islands; a right they will certainly exer- cise. If, ill return, we prohibit them from bring- ing the colonial produce from the islands direct to us, we must go and fetch it from Europe; payin^^, of course, in addition to the prime cost in the islands, a freight across the Atlantic in their ships. But tlic mischief would not slop there. They would 52 THE BRITISH TREATY. not give us the trouble of fetrliina^ it, but would themselves bring it out ; for vhich we must also pay. They could underwork us, for the reasoi-.s already assigned ; besides, Ihcir sliips, which must otherwise come in ballast to take a cargo of lumber to the West Indies, or other bulky produce of the United States, would for a very light freight bring us rum and sugar. Nay, they would have a still greater advaiitaj:;e. Returning to Falmouth from the West Indies, they would only go through the cere- mony of entry and clearance, asid, saving all charges and commissions, come directly over to the United States. To exercise our right, therefore, in this "Way, woulu only do us mischief It may, perhaps, be supposed, by some, that we could supply our wants from the French or Spanish islands. Rut it is easy to see, that every other nation would be as eager to secure to itself the whole advantage of its colonial trade as Great Britain, and indeed we have found it so by experience. Besides, it is a strange way of conducting business to make a very bad bargain with one, in the very uncertain hope of a better bargain with his neighbour. We liave, how- ever, another right which is not impaired by the treaty. It leaves us at liberty to make them pay roundly on the export of our produce to their islands ; but this would be a bounty on the agriculture and arts of Canada and Nova Scotia, than which nothing could be more agreeable to the British government Such duty^ however^ cannot be laid ; THE BRITISH TREATY. 53 but would "Hist also he reasons Ivliicli must ofJumbcr Iiiceoffhe iglit brin^ ave a still 'i from tlie nlie i'cvc- ill cli arises lie Unffcd ro, in Ihis perhaps, iippl.v our s. Bui it "iiltl be as fii-c of i(s J we have «i strari^»o very bad i')pe of a ve, liow- il hy the heni pay islands; furc and which British l)e laid ; for although the right is not impaired by the treaty, the exercise of it is inhibited by the constitution. To say, therefore, with apparent equity and equa- lity, that both may exercise their existini;- rights, is bitter mockery to men in our pinching* condition. It has often been remarked by observers of hu- man nature, that the fond and foolish many (in the blindness of ignorant passion) run counter to their own wishes, and do precisely what they strive to avoid. If such inconsequence were chargeable only to those who, enrolling themselves under the banners of faction, have the prescriptive right to be absurd, it would be so much in the comir.on oroer as not to deserve a moment's notice. But the bell- wethers of the flock are, generally speaking, as poor and simple cattle as the reet. It is supposed, that they who direct our allairs, if they have any special sentiment beyond the desire to continue in office, are moved by a snarling, snappish humour tov^ards England. Indeed, they have reason to be somewhat angry with the British government, be- cause its measures have defeated their claim to the character of statesmen. It is certaiidy owing, in some degree, to the elforts of that government, that England has neither become bankrupt, nor been enslaved, nor starved, nor subdued by France ; all which they have constantly predicted for the last iil'tecn or twenty years, with a zeal and persever- ance the more laudable, as they derived no support from reason^ truths or probability. Men who look RaBBXRTssaekat ■f'M .11: • 54- THK niilTlSH TKEATV. (Mily skin-cleep for motives, and take words for tb© evidence of tliinii's, v. cie led to sup■iln^c iiulicating tlie liberty of the sea ? Have they fortified our ports against that ac:i;rcssion which we have to .-ipprelieiid J'roni J5i itain alor.e ? I hn e iiieu* rejjLulations at home, or ncp;otiatioiis abroad, assisted the spirit and enter- pr i'/e, which hiwc r.li^ed uS to be the second naval and commercial nation '^ Surely tlicy have not. They have boasted, nej;oti;jted, been tiattercd, and duped. They ha\e laidoiu' conunerce and naviga- tion at the feet of Biita n ; so that a stranp;er who, deaf to tlie clamour, should attend only to the conduct of our riders, might suspect that some of that British p:old, so much talked of, had found its way into their pockets. VVc take this occasion, however, to declare, Ibat we harbour no such uu- worth V idea. THE CniTISH TREATY, m lit tlic e!;..;hth aiiiclc, iiff.er ii'!,r(unng, as in tl]« scvcnieei>tli of the old treaty, thit all proper mea- sures shall be iahcn to prevent delay in deciding the cases ofships and cjirgoes bronj^ht in for adjudica- tion, on the susjjicion of enemy's property of con- trahaiui of war, and in tlje piynient or recovery of a'ly indemnification adjudj^ed or agreed to be paid to the master or owners : the i3ritish commissioners have added, on the pai t of their sovereign, a pro- mise, tliat hereafter indemnification shall be granted for unjust seizure, and detention, and vexation. Tiiis gratuilous covenant is a master-piece. The tribunals were bound by Mie principles of public law to award, adjudj^e, and enforce prompt pa}- ment of indennnfieation for the injuries specified. What, then, is the efiect of this promise ? It neither imposes a new ol)Iij:;ation on the admiralty courts, nor invests them \vith a new authority; but rather implies a doubt with respect to the law ; because, if that be acknowledged, no auxiliary promise can be required, judess indeed the national justice be questioned; in which case no promise can be rc^ lied on. Thus, then, the law, which, founded on reason and equity, would be liberally construed, h reduced to a gratuitous engagement ; which being penal, as regards delinquents, will be construed strictly. AYherefoie the power of the court remain- ing as it was, the exercise of it is restrained ; and our right is rendered less dear, and must become less productive. liucb appears to us the necessary I ' *fA ■i m li.! Hi 56 THE BKITISH TREATY. effect of any such provision, be the form what it may. But the British commissioners, by inserting; the word hereafter, have taken from us the claim to compensation for injury, aheady, sustained. And our negotiators, by admittingthat w^rd^ have given up thousands due to their fellow-citizens. Ameri- can suitors, in the British courts of Admiraltv, will now be told, that under the law of nations, as it stood before this treaty, violence would have been punished, and indemnification been granted for injur'os sustained; but the two nations having agreed to bury the past in oblivion, the hands of the judge are tied up by the act of his superiors. That he cannot grant, neither ought they to ask, what the two governments have agreed to relin- quish. The dexterity of the British commissioners is again displayed in the eleventh article. The ques- tions which gave rise to a pampldet called War in Disguise, and to a book written by Mr. Maddison, are fresh in the recollection of all. '^I'his book, in- deed, as was shrewdly observed in the house of representatives, gave up the matter in dispute at the very outset. By quiting the ground of right, derived from, and the appendage of, national sove- reignty, to rely on a supposed general consent, which results from convenience and changes witli circumstances, our Secretary of State unfortunately played his game into the hands of his adversary. Me cuuuot admits hoNvevcr^ that a weak argument THE BRITISH TREATY. bt n whiii it inserting^ ho claim ed. And ivc given Ameri- Imiraltv, iut standing as they do, distinct additional conditions, they are the ac- knowledgment, on our part, that we have not the light to carry our own properly from our own ports to the colonies of a belligerent ; an acknow- ledgment which ought not to be made. |i ^ THE BRITISH TREATY. 61 its ; hut nly, Iiig ed so as desire, mpls to it must ill one i, tliau mny ill- eiice on e injury ed, and in coin- le iiiju- vvn act, iagc of •olonirs ditions. na fide ler and 3nt re- ?nce of ,- f view, is tliey he ac- ot the ' own tnow- The second condition is, that the goods shall have been unladen in the United States. Here another unfounded claim of Britain is admitted; u claim which, with all the deference due by citizens of one country to the government of another, we presume to believe she was wrong to make, because she would hardly permit it to be exercised against her own merchants. We feel a strong persuasion, therefore, that if this point (which had been assumed by her courts) had been properly represented to her ministers, they would have abandoned it. But certainly, even if, from prudential motives, wc should submit to such an exercise of power, we ought never to acknowledge that it is legitimate. The stipulation in this treaty is precisely what Britain must desire, and, every way, injurious to us. In relation to our claims for the past, her courts will say, you have deliberately assented to our principles. In future wars they will set it up anew, and insist, that as we submitted be- fore from rational conviction, (and we shall hardly be disposed to stultify and brutify ourselves by alleging that we acted from folly and fear,) wc ought again to submit. But, should it so happen that we, being at war, while Britain is at peace, should claim the privilege she takes, her govern- ment would resist ; and we should find ourselves in the wrong. They would frankly admit, that, to promote the interests of the war in which they were engaged, they had found it necessary to 62 THE BRITISH TREATY. ni'dkc an exfraprdinary stretch of power. That we had, indeed, complained, and our government had, for the form sake, remonstrated ; but, wisbin*^ >vcll to their cause, and desirous of promoting their success, as far as it could without breaking "with friends at home, or making enemies abroad, had thought it, on the whole, most advisable to submit. They would go on, in support of this as-. sertion. to observe, that when matters came to be adjusted, by treaty, an article was inserted con- lirmaiory of the practice. But so far were the parties from admitting any general principle, or supposing that we should ever think of retaliating, that the article related solely to us, provided for a special case of the moment, and contained no reciprocal slipulation. We should then be politely told, thai, to make the cases analogous, we must show that preponderance of force to which we had thought it reasonable and just to submit. This would be no easy matter. But, a matter much |uore difficult would be to bend the high spirit of England, and persuade her to brook national degradation. While on this part of the subject, it may not be improper to add, that the language which, under the circumstances supposed, it might be competent to Britain to hold hereafter, it is competent to France to hold now. Our assent to this unequal stipulation may be considered as evi* dence of partiality. Our government may, in proof of its love to France^ quote its friendly professions ; 1^ fT THE BRITISH TREATY, 63 'S II r- That we ri'nient bad piomoting ^t breakii) f's abroad, dvisable to of tbis as, 'ame to be t^'ted con- were tbe miplc, or ciali'dting, >vided for aincd no ^c pob'telj ^ve must '» we bad t Tbis ?r mucb h spirit national ^>jtct, it nguage t uiigbt '. it is sent to as evi» I proof siofls ; but, whether Napoleon and Benevento repose in the President's professions that confidence which many among us express in his talents, may admit of some doubt. The last condition under which we are permitted to exercise our rii;ht, is, that we shall lay an ex- port duty of one per cent, on European goods sent from the United States to colonies of the enoiuics of (ireat-Britain. Hitherto the sacrifices made atlcct only commercial interest and national honour ; objects, for which much indifference has formerly been expressed by some great men of the day. They freely declared, that for neither they would risque the chance, nor bear the expense of war. They were, nevertheless, loud in expressions of love for the constitution. That constitution, once the theme of their execration, is now the idol of their affection. And with reason; for they have found out the secret of turning it to good account. But the constitution says, in express terms, *'no " tax or duty shall be laid on articles exported *' from any State." And the treaty exacts, as a condition on the carriage of goods from the United States to the islands, that in addition to the duty reserved on exportation from the drawback, the further sum of one per cent, ad valorem shall be paid. We are not among those who consi- der the restriction in our constitution as wise. We know it to be among those which, unreason- ably, insisted on by some members of the national 64 THE BRITISH TREATY. convention, was submitted to by otbcrsj from " that " deference and concession which the pcculiaritv " of our political situation rendered indispensable." The clauscj however, is there. Legislative inge- nuity will, no doubt, be exerted, if needful, in re- conciling it with the article of the treaty. Mer- chants will perhaps be told there is no compulsion. They may pay or let it alone. If they pay, the custom-house will give a certificate. If not, they may depart and take their chance. Perhaps, in greater tenderness for the constitution, it may be thought advisable that the legislature be silent, leaving matters to be settled between the execu- tive and the merchant. This would be an excel- lent contrivance ; for it would enable the Presi- dent, and two thirds of the Senate, who (as every body knows) have unlimited confidence in him, and were chosen for that very reason, to tax the good people of these United States ; provided they can get the assistance of a stout maritime power. It might be asserted, on the part of Great- Britain, that the soldiers of Napoleon, who undergo hard- ships scarcely credible, and have entreated their enemies to terminate at once their misery and ex- istence, would certainly revolt, if physical as well as moral means were not employed to secure their obedience — That the narcotic effects of tobacco, which they use in profusion, have astonishing in- fluence in calming nervous irritation ; whence it is evident that Napoleon's troops could not bear up m V THE BrilTISH TREATY. m m ''that culiaritv Misablc." ve inge- il:, ill re- Mer- pulsion. rdy, llic t, they laps, ill maj be silent, execu- excel- Pfcsi- eveiy 111 J and c good 3y can ir. It ritain^ Iiard- tlieir d ex- ell as their acco, ^ in- it is r up under t'heir caLiniitie'!, williont a pipe of tobacco. This arii'umcnt has tht? mirit of resemblini^ that by which it li;is been demonstrated, that France car- ries on tlic [ireseiit war with sugar and coffee re- tci\ed from this country. It would, therefore, equal ly justify the prohibiting our merchants to furniih the enemies of Great-Britain with to- bacco, under the usual penalty of confiscation. After a few months more of able ne^i^otiation, a new clause might be ticked to the trebly, is 'owing tobacco to go free, providio an cX|)ovt ihny were paid of ten per cent. This would euable the col- lectors, always, however, with (Ec mfircliant's roa- sent, to levy the ten per cent. Experienvc hm proved, that, if no direct jipplir ado?* be mudc by the tax-gatherer, this eniig-itened inatiou carf w iiot what is collected, nor how it is appiicji. Some i?f them, indeed, suspect tliat possibly tiiey ?iiay pay^, in the price of necessaries they consume,, a smuJi part of the duty on imports. But thiiim-w toalri- butioii would come so completely out of tlje mer- chants, that it would be quite delightful It loight, moreover, be applied at the discjction of the Presi- dent, and save the neces^! f Jamaica, dated at St. James's, the fifth day of July, ISOf, in the forty- fourth year of his Majesty's reign. They run thus : " M hercas we have thought it expedient that per- mission should be given to vessels belonging to the subjects of his Catholic IMajesty, having not more than one deck, to trade between the free ports established in the island of Jamaica and the Spa- nish colonies in America, according to the regula- tions of the several acts for establishing free ports in our W est-India islands, notwithstanding any hostilities that may occur ; and whereas wc have thought it expedient, that, notwithstanding such hostilities, permission should likewise be given to " British vessels, navigated according to the laws tt i( i( (r tt i( It ti 4t mm'' It 111! i; i 68 THE BRITISH TREATV. '' now in force, to trade between the said free por " bacco. " VVcdo hereby authorize you, our Lieul;mant- " Governor, or Commander in Chief for the time 5' bein^, of the island of Jamaica, io graul licenc(;fl THE BRITISH TREATY. 69 I free porlfi h »"ch free liiOditjcs, Ii island, and ma- im port- ttl), (ar, and to- .'tc'nanf- h«^ tirnt* licences " accordingly. And do further require and en- " join you to give all necessary encouragement and " protection to sr"h Spanish vessels, and likewise " to all British vcsels trading between the free '^ ports in the said island of Jamaica and the Spa- *' nish colonics in America, under the rcgidations " herein before prescribed." A perusal of these instructions will sliow the true value of what has been said in courts, and printed in pamphlets, about reducing the enemies of Britain bv destrovii'ii: the resources of their commerce, and about the injury done to her mili- tary and naval ope.''ations by the unjust and unlaw- ful intert'erence of those wicked neutrals. Go to the bottom of the business, and we find a mercan- tile struggle for money, in which the govcrmnent assists by its power, its influence, and its negotia- tions. Mere counting-house politics. Not the most remote idea of injuring France or Sj)ain, by inhibit- ing an intercourse with their colonies, but a scheme to engross that trade to themselves. Accordingly, when they negotiate with us, the single object is to burthen and trammel our trade with such charges and regulations as may give their mer- chants a preference. Our ne^gotiators have kindly gone along with theirs, and, in the excess of their complaisance, have ceded, not only the interests of trade, but the attributes of independence. That nothing might be wanting to complete the goodly work, this eleventh article closes with a dc- h \l 1 1 III 44 II ' i !l ^0 THE BKITISH TREATY. claration, that, after the expiration of the treaty, (viz. in ten years) all antecedent rights on these sub- jects are to revive. And thus we acknowledge as rights, provided t!ie exercise be suspended for ten years, claims which should never be admitted under any pressure of necessity. AVc may, nay, we must, submit (o superior power ; unless, as in our war for independence, it will please the Almighty to smile on and reward our resistance of oppression by his lioly favour. But there can be no necessity, use or advantage, in acknowledging oppression to be justice. If we dare not resist, let us quietly sub- mit. But let us not kiss the rod, or, like prisoners of the inquisition, applaud its clemency while wc writhe in torture. The twelfth article, considering the love of p(;acc which our rulers profess, and the defenceless condi- tion to which they have reduced us, passes all com- prehension. It extends to Great Britain, and to all other nations who would ad(»pt the same regulation, the protection of our neutrality from a marine league to five miles from our shores. This being agreed on, if a Spanish cruizer should, at four miles dis- tance, take a British ship, what are we to do? According to the treaty she must be restored. Ac- cording to general practice she is a good prize: And if we judge from experience, captors are more inclined to keep bad prizes, than to surrender good ones. They would undoubtedly and justly refuse to give up the British ship. The British minister > THE BRITISH TREATV. 71 i would as undoubtedly and as justly insist on the perrormance of our stipulation. AVbat are we (o do ? Shall we go to war for the recovery of a Bri- tish ship lawfully taken by a Spaniard, while we permit the same Spaniard, and every one els3, un- lawfully to take our own ships ? Moreover, if the President should determine to take and restore the prize, what are his means ? His frigates are fast in the mud. He has no public force at command, and it has been the undeviating policy of his adminis- tration not to have any, lest he should be held ac- countable for the use of it; or rather, for suffering it to look idly on, while our fellow-citizens are insulted, plundered, killed. What are we to do ? The British insist. The Si)anish refuse. Take what side we will, we must be in the wrong. The President might indeed make excuses and apo- logies. He is said to be able in that line. But the English are not in the habit of receiving apo- logies instead of cash. ^\ e should be charged with perfidy. ^\ e should be threatened with re- prisals. What arc we to do ? Nothing remains but the old expedient of paying for peace. Con- gress must then appropriate to that ol)ject some of the money collected from trade ; for they have no other. And thus our merchants, after being pil- laged by both parties^ must pay them for plunder- ing each other. The clause in the twenty-third article which declares,. " that all treaties hereafter made by cither t THE BRITISH TREATY. " with any nation shall, ipso facto, be extended irt *' all their favourable operations to the other/' is very broad. By the second article of our treaty with France, '' the King and the Uiiited Stiites nuitu- * ally engage not to grant any particular favour to ' other nations, in respect of commerce and navi- ' gation, which jhall not immediately become com- ' mon to the other party, who shall enjoy the same, ' freely, if the concession was fteely made, or on al- ' lowing the same compensation, if the concession * was conditional." Our treatv with Sweden con- tains the same clause. The unlimited terms of this new stipulation, especially when compared with those more guarded of preceding compacts, will support a claim of Great Britain to possess, without compensation, privileges we may grant to others for valuable consideration. To say the covenant is reciprocal is a fallacy ; for it is one thing to be re- ciprocal in form and words, but another to be re- ciprocal in fact and efl'ect. It wc mistake not, it is substantially the same as if we had stipulated, solely and gratuitously, that Britain shall enjoy every privilege we may allow to any other nation. In- deed, our agreement with France and Sweden, though more fair, was not quite safe. Let it be remembered that old nations have long since formed their systems of finance, conuneice, and navigation; which, by the aid of experience, and in the lapse of time, have been made to accord with their extent^ population, soil^ climate, pcoductioiiSj and THE BRITISH TREATY. 73 nianufactiues. There is, then, little probability th;it any change will be made, from which we can derive advantage. But the case with us is widely dillerent. That our power and wealth must increase, if our union be preserved, and we are g'overned with tolerable discretion, can admit of no doubt. We shall probably both acquire and grant privi- leges in our diplom.'itic transactions. We ought not, therefore, to tie up our hands, by prospective conditions with any nation, and least of all with Great Britain ; because she has long since brought her commercial system to perfection. The covenant on her part must be sterile. We can derive no- thing from it ; but are bound by it to treat with the rest of the world, under her pleasure, and for her benefit. We preclude ourselves from granting an exclusive privilege, whatever advantage might be gained, or evil avoided. If the proposition be made, we must answer, it is not in our power ; we are already bound to England, and must ask her per- mission. The twenty- fourth article presents to us a fair flower of philosophy. We agree to join in abolish- ing the slave trade. As a comment on this article, we take leave to introduce what we consider as a contem[)<»raneous exposition. In the British House of Commons, on the twenty-third day of February, not two months alter the treaty was signed. Lord Howick (the British minister for foreign aflairs), after stating that the slave trade wai both unjust and w! II ' It ' i i !I4 h\' 74 TME BRif ISH TREATr- ii ' impolitic, foilnded in lobberv, kidnapping, and ifiui'icfer, and afforded incentives to the worst pas- sions and cn'mes, and, therefore, ought to be abo- lishedj added, that there were some general points that had been addaced in its support to which he was desirous ofadverting. Amongst these was the argument which had been urged, with earnest- ness, that the principle of the abolition of the trade would lead to emancipation. To this objection the minister frankly replied, that at present the negroes were not in a condition to be immediately emanci- pated ; but he had no doubt, and would not conceal his opinion, that the effect of abolishing the trade would be to abolish slavery itself. We are not the advocates of slavery. We do not consider ourselves authorized to hold our fellow-creatures in bondage. But we do not arrogate the right ofjudging others ; nor presume to make our conscience a rule for theirs. We are bound by compact to our brethren iii the Southern States, and cannot in good faith attempt to wrest from them what they consider as property, and without which their other property would be good for nothing. Nay, if we had lawful authority to emancipate the slaves south of Penn- sylvania, we should, with the example of St. Do- mingo before our eyes, proceed with caution, and tremble with the apprehension, that, in remedying an evil, we should let loose a legion of crimes. Europeans can speculate at their ease on events so distant, as to appear more like history than action. THE BRITISH TREATY, lb ping, and wcMst pas- te be abo- eral points which he 'se was the h earnest- f the trade jection the he negroes y emanci- ot conceal : the trade re not tbe ourselves 1 bondage, tig others ; I rule for r brethren ood faith ansider as property ad lawful of Penn- f St. Do- ion, and medying Climes, events so 1 action. It is otherwise with men on the spot, who see the rage of incarnate devils, and hear the shrieks of their victims. When statesmen of wisdom and ex- perience speak the language of enthusiasm ; when they who can resort to arms for a few seal-skins on the other side the globe, are thrown into spasms of sensibility for the suflTerings of negroes, who are dancing all the while io the sound of their baiyoes, there is reiison to suspect something beside senti- ment. If we take the trouble to examine facts, we shall find the British colonies full manned with Africans, while those of their rivals want hands. St. Domingo mu«t, when subdued, be peopled anew. Moreover, if all these colonies were sunk in the sea, it would but enhance the value, and increase the revenue, of the British dominions in Asia. To abolish the slave trade, tlKircfore, is good sound British policy. To bottom tlie measure in argu- ment, on these eiiicient principles of interest, would not sound no well as to boast of philanthropy, and express the detestation of robbery and murder. But what motive have we to make the above-men- tioned compact, and what is to be its effect ? Was each party, in the apprehension that his con- science would not keep hiui to his duty, desirous of bolstering up the moral sense with diplomatic engaj^emeiits ? Or was it intended to preclude de- bate in Parliament and in Congress i' If domestic operation alone was intended, diplomatic engage- ments were neither necessary nor proper. The V I* ' It I' U h "' 76 THE BRITISH TREATY. respective legislatures should luive been left at liberty. Kit was intendi^tl to form un alHa'.ue ol- fensive and defensive against the slave trade, our miiiisters should have inquired a little into our means and situation. Arc we, we, the pacific, to commence a career of knight-errant ry for black dulcineas ? Are we, we, who keep thousands in bondage, to declare that no one shall follow our example ? Truly it would seem as if we were doomed to fight for every thing except our own in- terest, our own rights, and our own honour. We pass over the retit of what this treaty con- tains, to consider what it docs not contain ; previ- ous to which, however, we must observe that, not- withstanding our willingness to excuse The adr.ii- llistration, by imputing its defects to tiie genilcmen negotiators, we are deterred by a belief that such imputation would be unjust. If, indeed, those gentlemen had been recalled, we should be con- vinced the fault was theirs. But lliey are continued in office. The administration, therefore, considers them as still deserving of confidence. They have then conformed to their instructions, and the treaty is such as they were directed to make. Hence we are driven, in spite of ourselves, to conclude that what has been said is true-— T'l.at the treaty was sent back, not from any disapprobation of its con- tents, but because it does not contain a relinquish- ment, by the King, of his claim to take Britis^li seamen from ^he merchant vessels of America. If ■A THE BRITISH TREATY. it be true that our government have taken their stand on this ground, and for the reasons just assigned, this seems to be unquestionable, \ve are brought to a point which demands our serious con- sideration. If reason be against the British claim, let it be resisted ; but if otherwise, God forbid we should engage in war to establish injustice. The question is two-fold ; whether England can rightful!}' compel her native subjects to man her fleets, and, if so, whether she can lawfully exercise that right over such of them as are in the ships of another country. Let it be premised, that as they pretend no right to take a native American, that case is not within the scope of our incjuiry. Let it also be premised, that when nations are agreed respecting matters of right, the way is open to expedients for mutual convenience. Matters of interest frequently interfere, and require appropriate arrani^ements by mutual concession, for mutual advantage. But matters of right arc of dilferent nature and sterner stuff*. They cannot interfere, unless where nations arc at war ; because it cannot be right for one to prevent what another has a right to perform : Wherefore the right being* establishtd, submission is implied. Were it otherwise, war must be the natural condition of man ; because the right to do on one side, and the right to oppose on the other, constitute precisely the state of war. It is a first principle of every government, that it can rightfully command the military service of its t !: ^^^^M ^ I '■■* fi^H I '\ 111 • ' ''! ■il ^' r'O 7S THE BUITISH TREATV, citizens and subjects. If this be not atlmitted in America, \vc are in a wretched condition. We have no fleet ; svc have not, and, it is to be hoped, \vc never shall have, a standing- army. If, there- fore, the militia cannot be compelled to defend tlieir eountrv, what is to become of us ? But it is said that, admittinj^ the general princi- ple, an exception is to be made in favour of those who leave one State and swear allegiance to another. The British government, however, insists, that no man can divest himself of the duties which he owes to his country. Other nations maintain the same principle; which, both by reason and by general consent, forms a maxim of public law. The usual stipulation in treaties, that the subjects or citizens of one of the contracting parties shall not engage in the military service of an enemy of the other, rests on this foundation, and would, without it, be an idle phrase, it is true that a dificrc nt doctrine is maintained by some who pretend to instruct us in matters which concern our intellectual nature, our moral di:tics and political ri^i,hts ; matters which, having escaped the statesmen and sages of antiquity, have (as they say) been lately discovered. We, however, are not disposed to adopt novel doc- trines, but presume that those who have gone be- fore us, came into this world with as much sagacity as those lately born. And we know that many of them, with equal opportunities for reflection, had greater advantages of experience in national alfairs. % :■ . /mU «.« >< «», THE BRITISH TREATV. n9 nittcd ill on. We '<^ hoped, C there- end (heir d priiH'i- of (l)ose another. that no he owes ho same general he usual citizens enjrage e otlier, «t U, be h)c trine ruct us nature, matters iges of >vercd. d doc- ne be- gacitv tny of ». had ifuirs. Putting aside, however, the objection of novelty, others present tlieniselves ti) the most cursory obr server, which it would be ted i. us to enumerate. Suppose that Arnold, after swearing allegiance to the King of Great-Britain, had returned to this country, and claimed the rights of a Biiiish subject. Surely there would have been but one sentiment, but one voice. Liaht nisntls may amuse themselves in blowing up the bubtiles of metaphysical wit, but sober men will not stitle those chaste and righteous sentiments which bind them to their country. They will not permit rash innovators, *' clothed in '' a little briof authority," to abo'.ish maxims, vene- rable, alike, for their antiquity and wisdom. In a word, they will not relinquish the undoubted right of America to the military service of her citizens. If, however, it should be deemed proper that each be at liberty to take advantage of the social com- pact while it suits his convenience, and to release himself from its obligations when called on to per- form them, let it be so enacted. It will then be law for us ; but it will not thereby become law for other nations. It may be said that a man has a natural right to change his country and his allegiance. But it will be difficult to adduce proof that will not equally prove each individual to be above the law ; or what is tantamount, that each can, at his pleasure, release himself from its authority : whence it must' follow, that the law, binding only those who choose % ' •'1, )l 80 THE BRITISH TIIEATV. I "I ■15 !( . m ■ '': m ' ; •• 1 '' to be bound, is a nullity; a thing which not onlv does not exist, but which cannot exist. And after all, even if we should adopt that extravagant theory, the difficulty must remain : other nations will not dispute with us the doctrinal points we assume to govern or to amuse ourselves ; but they will not permit us, under cover of our doctrines, to invade their rights. It behoves us, therefore, before we carry such notions into practice, to in- quire whether we are prepared to force them upon other nations ; for we must either embark in that e:"treme project, or acknowledge the rights which they exercise over their own subjects. So little, indeed, are the advocates for the supposed right of expatriation in harmony with themselves, that they have, on a different but notable occasion, strongly insisted that no one nation has a right to interfere in the domestic arrangements of another. We do not dniit this axiom in its fullest extent, because we conceive that when it is a domestic arrange- ment of one nation to subjugate others, all have a right to interfere, on the common principle of self- preservation. But no man, we believe, ever claim- ed for Eiiiglaiul a right to determine what laws the French Republic should make or repeal respect- ing French citizens. Neither has it, as yet, been directly asserted (hat such power can be justly exerci!i(e ; and that we cannot release him, be- cause we cannot make .or repial the laws of lCng> land. To this it will be replied, that, having uncon- trolable authority to lej;;islate for ourselves, our act of naturalisation, by conferring the right of citi/i'U- bhip, cancels anterior ineonip itible duties. And I, (5i it 'M I V: W' S3 THE BRITISH TREATY, this being a case in which supreme authority has made t'ontiariant provisions, tlic last must prevail. Certainly it mijstj if they who made it had aright to do what thf'y are supposed to have done. Enough has already been said on the right. We shall only add hcrej that no question can arise while the party continues in America, because the British govern- ment cannot seize him within our territorial li- mits. Neither can a question arise if he should re- turn home, because he would then be where we have nojurisdiction. But it may be asked, what will be the condition of an Englishman, naturalized here, who may have been brougiit, by force, within the power of his native country ? Un(|uestionably it must be that which the law of England provides; for we cannot interfere^ unless he ^^as seized in our dominion. Mere, then, aritics the second question, whether, admitting that I'lngland possesses the right she claims over her native subjects, it can properly be exercised in American ships. Those who hold the negative contend, tliat, taking a man from under th(! protection of our tl.ig is a viohitiun of lur territorv. It bi'comes proper, therefore, to inquire into the nature and extent (>f this protection. And hciC tlie frst leading ciicumstanc c is the connnan right to iksuigate the ocean, \vhereb> all ajo there at home. It is by \irti:e of this right, tliat j)o\>ers at w u* talve property of their rnemies in a neutral •hip. 'I'iie n right here at Nxrs at ni'iilrul uiu: iu to the other, if the neutral says the capture \vas made in my dominion, t!ie belligerent replies, it was made in mine : and the arginneiits to support one assertion establish batii or neither, L'ntil lately, it was not attempted to take enemy's goous in the territory of a ncitral power ; and it is worthy of remark, that this has been done by the nation which, for half a centurv, has urged the establish- ment of a maxim, that neutral siiips shall protect enemy's goods. TIic conduct of Napoleon on this O'jcasion is rather an example to be avoided, than a precedent to be pursued, and cannot strengthen the right of search. Hut it does not weaken that right. Let it, however, be remembered, that although it is usual to stop and seavcli merchant ships, a .•similar practice towards public vesstds of war is inadmissible. The^eare national fortresses, and bear (in the proper sense ; the national I'hig. To such vessels alone, the idea of piotection, by the Hag, is a'pplicible. The dis^tincticn be! ween them and merchant ships is material to the present subject. Nations justly claim respect to tiieir \es«els oV war^ and, from that r' Jni, conejionding (luti<'s arise. \\ hen any thing wrong is done by th.MU, the nationjij lionour is bound to ma' c s.itisfaction : but the case \>itli merchant vessels is wiilelv diilereut ; and tlm condition »»fso\ereiirns would be wretchc'l :ind base if every tri< k and iVaud of a sniiiggler coidd implicate their honour. Yet, if we insist on the same respect to u private ship of trade as to u public ship of war^ mi I ' ; ! ir il" U ■• W 84 THE BRITISH TREATY we must hold ourselves equally accountable for the conduct of both. Hence the universal consent, that nierchaiit vessels may be exaniiied, detained and confiscaknlj according to the nature of the case; and where thc}^ are injureJ, to compensate by money. For money bci.;g the object of trade, the national character is, in no wise, alTected by what is done or suffered in the pursuit. S 'eing, therefore, that a power at war has a ri«»:ht to take the ship and bring: it into port, he must have a ri<»,ht to take his own subject out of the ship. It would be idle to suppose that a (la • which cannot protect the ship itself, could procct the ])er3ons on board; or that it would be a > iolution of sovereinrntv to take part, when it is no vioVafiiui to take the whole. But even if such distincUon couhl be established, the matter vM)uld not be mended. If, for instance. Great Britain should admit that one ofourmer- f*hant vessels enjoys, while in the open sea, such an emanation of sovereif^nty, that, to take away one of the crew, would be tantamount to an invasion of our country ; rerer\ini^, nevertheless, the cstab- lisl;rd riyhtfor which the ship may, for adiuilic.itlon of doubtful poir.ts, be sent into a liiilisji port: by exercisinu; that ri^ht the ship could he brought v\i(hin those limits where the exchisive t( rritorial authority attaches. TIjc susprcted man would then, after exanunation, be reu,iilarly put on board u man of war, aid uothinfi; would, of course, be allowed for detaininjj the ship, ami takina; her out ">s«ten('«»» tbie for Ihej nsent, that ained and f the ca.se; on sate by trade, tije by what is therefore, ' sJiip and > take his ic idle to tcci the 'oard; or V to take ole. But bed, the instance, )iir mor- 'a> such c away nvasiou L' estah- lic.it ion . art: by rouo-ht nlorial would board '«o, be cr ou\ THE BRITISH TREATV. of her course. Ilcncc it is evident, that, by aban- doning* the known principles and usage of nations, we should involve ourselves in a labyrinth of diffi- culties, for no good purpose, and to considerable loss. < Kut, it is said, there is manifest absiirdity in pre- tending that, because goods may be taken, and, after due trial, be confiscated, men may be taken and condemned without trial. It is monstrous to submit the dearest thing we have, our liberty, to the will of military men, who hiive an interest in taking it away. This argument is ingenious, but, in our a})pre]icn,sion, not solid. IfBrilish subjects only are impressed, it is none of our concern. Englishmen may do with eaclv otlier what they please. If an Americiin be impressed, it is, probably, from mis- take, and he sutlers a misfortune incideiit to his profession ; bein';- one of those evils, by reason whereof he is iutillcd to, and receives extruoidinary wages. We will nol, h()\\ever, elude tlie argument, but meet its full force. We say, tlien, that if tlie^%. vu)lence be iuk'ntional, and done bv order of the. sovereiii'U, it is a leirilimate can -e of war, an:,ing (-oes it at hi^ pi ril. and % ^ 92 THE BRITISH TIIEATV. yaded^ let no thought of consequences prevent us from asserting our honour. To preserve that, is our first duty, our highest concern. With it, we shall enjoy liberty, peace, and commerce. With- out it, we shall enjoy nothing long ; for a nation which loses her honour, cannot preserve her inde- pendence. But we forbear to urge what we con- ceive to be unnecessary, when spealting to a high- minded people. We iutreat our fellow citizens to consider se- riously the situation in wliich they stand — to sus- pend the rage of party strife — to examine facts — to reason for themselves. W^e put in no claim of inerit. We solicit not their favour, much less their suflfrage. Let them honour those whom it pleaseth ihem to honour. But let them not forego the use of their understanding. They may perhaps be told that we are enemies to the people. Be it so. Wise men consider those as their friends who give them useful information. But, admitting us to he ene- mies, reason and truth, even in the mouth of an enemy, are still reason and truth. The people may believe of ui what they please, and call us by what- ever odious name their favourite.; may select or in- vent. All we ask of them is to show their friend- ship to themselves, by attending to what concerns themselves; instead of sitting still, their eyes closed^ their ears shut, while they are bought and old lij^ miserable slaves. TUE XND. APriiNDlX II ( 93 ) i 4 APPENDIX, &c. TREATY of \mitYj Commerce, and Navigation, between His Britannic Mqjcsiy and the United States of America. Signed at London, the i9ih of Novembei% \794!. His Majesty's Ratification. George R. GEORGE the Third, by the grace of God, king of Great Britain, France, and Ireland, Defender of the Faith, Duke of Brunswick and Lunenburgh, Arch-treasurer and Prince Elector of the holy Ro- man empire, &c. To all and singular to ^bom these presents shall come, greeting : whereas our right trusty and well-btloved counsellor, William Windham, Baron Grctiville ofWotton, our prin- cipal secretary of state for foreign aifairs, &c. &c. did, on our part, together with the plenipotentiary of our good friends the United iStates of America, conclude and sign at London, on the nineteenth day of November, one thousuud seven hundred and ninety- four, a treaty of amity, commerce, and navigation, between us and our said good friends : and whereat a certain additional article has, on the part of the said United States, been proposed to be anneiwd to the said treaty as a part thereof; to Vfhich addition #«?•" *••— 94 APPENDIX OF . we are willing lo consent ; the said treaty and addi-* tional article being* in the words following: His Britannick Majesty and the United States of America^ being desirous, by a treaty of amity, com- merce, and navigation, to terminate their differences in such a manner as, without reference to the merits of their respective complaints and pretensions^ may be the best calculated to produce mutual satisfaction and good understanding ; and also to regulate the commerce and navigation between their respective countries, territories, and people, in such a manner as to render the same reciprocally beneficial and satisfactory ; they have, respectively, named their plenipotentiaries, and given them full powers to treat of and conclude the said treaty ; that is to say, his Britannick Majesty has named, for his plenipo- tentiary, the Right Honourable William Windham, Buron Grenville of Wotton, one of his Majesty's privy council, and his Majesty's principal secretary of state for foreign affairs; and the president of the said United States, by and with the advice and consent of the senate thereof, hath appointed for their plenipotentionary the Honourable John Jay, chief justice of the United States, and their envoy extraordinary to his Majesty, who have agreed on and concluded the following articles: Article I. — There shall be a firm, inviolable, and universal peace, and a true and sincere friend- ship between hii Britannick Majesty, his heirs and STATE PAFEUS. 95 successors^ and the United States of America ; and between their respective countries, territories, cities, towns, and people, of every degree, without excep- tion of persons or places. Article II. — His Majesty will withdraw all his troops and garrisons from all posts and places within the boundary lines assigned by the treaty of peace to the United States. This evacuation shall take place on or before the first day of June, 1796, and all the proper measures shall in the interval be taken by concert between the government of the United States and his Majesty's governor-general in Ame- rica, for settling the previous arrangements which may be necessary respecting the delivery of the said posts : the United States, in the mean time, at their discretion, extending their settlements to any part within the said boundary line, except within the precincts or jurisdiction of any o^the said posts. All settlers and traders within the precincts or ju- risdiction of the said posts shall continue to enjoy, unmolested, all their property of every kind, and shall be protected therein : they shall be at full liberty to remain there, or to remain with all or any part of their effects; and it shall also be free to them to sell their lands, houses, or effects, or to re- tain the property thereof, at their discretion. Such of them as shall continue to reside within the said boundary lines shall not be compelled to become citizens of the United States, or to take any oath of 96 APPENDIX OF allegiance to the government thereof, but they shall beat full liberty so to do, if they think proper ; and they shall make and declare their election within one year after the evacuation aforesaid. And all persons who shall continue there after the expiration of the said year, without having declared their ia- tention of remaining subjects of hivS Britannick Ma- jesty, shall be considered as having elected to become citizens of the United States. > Article III. — It is agreed, that it shall at all times be free to his Ms^jesty's subjects, and to the citizens of the United States, and also to the Indians dwelling on either side of the said boundary liiie^ freely to pass and repass, by land or inland naviga- tion, into the respective territories and countries of the two parties on the continent of America, (the country within the limits of the Hudson's Bay Com- pany only excepted) and to navigate all the lakes, rivers, and waters, thereof, and freely to carry on trade and commerce with each other. But it is understood, that this article does not extend to the admission of vessels of the United States into the sea-ports, harbours, bays, or creeks, of his Majesty's said territories ; nor into such parts of the rivers in his Majesty's said territories as are betw(( n the mouth thereof and the highest port of entry from the sea, except in small vessels trading bond Jide between Montreal and Quebec, under such regu- lations as shall be established to prevent the possi- STATE PAPERS. m bility of any frauds in this respect; nor to the ad- mission of British vessels from the sea into the rivers of the United States^ beyond the highest ports of entry for vessels from the sea. The river Mississippi shall, however, according to the treaty of j[>eace, be entirely open to both parties ; and it is further agreed, that all the ports and places on its eastern side, to vehich soever of the parties belonging, may freely be resorted to, and used by both parties, in as ample a manner as any of the Atlantic ports or places of the United States, or any of the ports or places of his Majesty in Great Britain. All goods and merchandize, whose importation into his Majesty's said territories in America shall not be entirely prohibited, may freely, for the pur- poses of commerce, be carried into the same, in the manner aforesaid, by the citizens of the United States; and such goods and merchandize shall be subject to no higher or other duties than would be payable by his Majesty's subjects on the importa- tion of the same from Europe into the said territo- ries. And, in like manner, all goods and merchan- dize, whose importation into the United States shall not be wholly prohibited, may freely, for the pur- pose of commerce, be carried into the same, in the manner aforesaid, by his Majesty's subjects; and such goods and merchandize shall be subject to no higher or other duties tlian would be payable by the citizens of the United Slates on the imports* w APPENDIX OF tion of the same, in American vessels, into the At- lantic ports of the said states. And all goods not prohibited to be exported from the said territories respectively, may, in like manner, be carried out of the same by the two parties respectively, paying duty as aforesaid. No duty of entry shall ever be levied, by either party, on peltries brought by land or inland navi- gation into the said territories respectively ; nor shall the Indians, passing or repassing with their own proper goods and effects, of whatever Nature, pay for the same any impost or duty whatever; but goods in bales, or other large packages unusual among Indians, shall not be considered as goods belonging bond fide to Indians. No higher or other tolls of rates of ferriage than vrhai are or shall be payable by natives, shall be demanded on either side ; and no duties shall be payable on any goods which shall merely be carried over any of the portages or carrying-places on either side, for the purpose of being immediately re-em- barked and carried to some other place or places. But as by this stipulation it is only meant to isecure to each party a free passage across the portages on both sides, it is agreed, that this exemption from duty shall extend ouly to such goods as are carried in the usual and direct road across the Portage, and are not attempted to be in any manner sold or ex- changed during their passage across the same; and STATE PAPERi. 99 At- Is not [ories jut of tying proper regulations may be established to prevent the possibility of any frauds in this respect. As this article is intended to render, in a great degree, the local advantages of each party common to both^ and thereby to promote a disposition fa- vourable to friendship and good neighbourhood, it is agreed, that the respective governments will mu- tually promote this amicable intercourse, by causing speedy and impartialjusticeto be done^and necessary protection lo be extended to all who may be con- cerned therein. AitTicLE IV. — Whereas it is uncertain whether the river Mississippi extends so far to the northward as to be intersected by a line to be drawn due west from the Lake of the Woods, in the manner mentioned in the treaty of peace between his Ma- jesty and the United States ; it is agreed, that mea- sures shall be taken, in concert with his Majesty's gov( rument in America, and the government of the UnilcJ Slates, for making a joint survey of the said river from one degree of latitude below the falls of St. Anthony, to the principal source or sources of the said river, and also of the parts adjacent thereto ; and that if, on the result of such survey, it should appear that the said river would not be intersected by such a line as isabo\e-mentioned, the two parties will thereupon proceed, by amicable negotiation, to regulate the boundary line in that quarter, as well as all other points, to be adjusted between the said 100 APPENDIX OF t 'y H i parties^ according to justice and mutual conveni- ence^ and in conformity to the intent of the said treaty. Article V. — Whereas doubts have arisen v^hat river was truly intended under the name of the river St. Croix, mentioned in the said treaty of peace, and forming a part of the boundary therein described, that question shall be referred to the final decision of commissioners^ to be appointed in the following manner, viz. One Commissioner shall be named by his Majesty, and one by the president of the United States, by and with the advice and consent of the senate thereof, and the said two commissioners shall agree on the choice of a third; or, if they cannot so agree, they shall each propose one person ; and of the two names so proposed, one shall be drawn by lot in the presence of the two original commis- sioners : and the three commissioners so appointed shall be sworn impartially to examine and decide ilie said question according to such evidence as dhall respectively be laid before them on the part of the British Government and of the United States. The said commissioners shall meet at Halifax, and shall have power to adjourn to such other place or places as they shall think fit. They shall have power to appoint a secretary, and to employ such surveyors or other persons as they shall judge ne^ cessary. The sftid commissioners shall,, by a decla«- STATE PAPERS. 101 said ration under their hands and seals, decide what river is the river St. Croix intended by the treaty. The said declaration shall contain a description of the said river, and shall particularise the latitude and longitude of its mouth and of its source. Duplicates of this declaration, and of the statements of their accounts, and of the journal of their proceedings, shall be delivered by them to the agent of his Ma- jesty, and to the «igent of the United States, who may be respectively appointed and authorized to manage the business on behalf of the respective governments : and both parties agree to consider such decision as final and conclusive, so as that the same shall never thereafter be called into question, or made the subject of dispute or difference between them. Article VI. Vv hereas it is alledged, by divers British merchants, and others his Majesty's sub- jects, that debts to a considerable amount, which were bona fide contracted before the peace, still re- main owing to them by citizens or inhabitants of the United States, and that, by the operation of va- rious lawful impediments since the peace, not only the full recovery of the said debts has been delayed, but also the value and security thereof have been, in several instances, impaired and lessened, so that, by the ordinary course of judicial proceedings, the British creditors cannot now obtain, and actually hav0 and receive full and adequate compensation 103 APPENDIX OF for the losses and damages wliicli ibey have hereby sustained ; it is aj^reedj that in all such cases where full compensation for such losses and damages can- not, for whatever reason, be actually obtained, bad and received by the said creditors in the; ordinary course of justice, the United States will make full and complete compensation for the same fo the said cre- ditors: but it is as distinctly understood that this pro- vision is to extend to the losses Oiily as have been occa- sioned by SU' h lawful impedim(>nts aforesaid, and is not to extend to losses occasioned by such insolvency of the debtors, or other causes, as would equally have operated to produce such loss if the said impedi- ments had not existed, nor to such losses or damages as have been occasioned by the manifest delay or negligence, or wilful omission, of the claimant. For the purpose of ascertaining the amount of any such losses and damaL»,es, five commissioners shall be appointed, and authorized to meet and act in manner following, viz. Two of them shall be appointed by his Majesty, two of them by the pre- sident of the United States, by and with the advice and consent of the senate thereof, and the fifth by the unanimous voice of the other four; and if they should not agree in such choice, then the commis- sioners named by the two parties shall respectively propose one person, and of the two names so pro- posed one shall be drawn by lot in the presence of the four original commissioners. ^ . ^ STATE PAPERS. 103 rebj here When the five commissioners thus appointed shall first meet, they sliall, before they proceed to act respectively^ take the following oath or affirma- tion, in the presence of each other, which cath or afiirmation being so taken and duly attested, shall be entered on the record of their proceedings, viz. " J, A. B. one of the commissioners appointed in pursuance of the sixth article of the treaty of amity, commerce, and navigation, between his Brir- tannic Majesty and the United Slates of America^ do solemnly swear and affirm, that I will honestly, diligently, impartially, and carefully examine^ and, to the best of my Judgment, according to justice and equity, decide all such complaints as under the said article shall be preferred to the said com-^ missioners; and that I will forbear to act as a com- missioner in any case in which I may be personallj interested," Three of the said commissioners shall constitute a board, and shall have power to do any act apper- taining to the said commission, provided that one of the ccmniinsioners named on each side, and the fifth commissioner, shall be present; and all decisions shall be made by the majority of the voices of the commissioners then present. Eighteen months from the day on which the said commissioners shall form a board, and be ready to proceed to business, are assigned for receiving complaints and appli'> cations; but they are nevertheless authorized in 104 APPENDIX OP any particular cases, in which it shall appear to them to be reasonable and just^ to extend the said term of eighteen months, for any term not exceed- ing six monthsj after the expiration thereof. The said commissioners shall first meet at Philiidelphia; but they shall have power to adjourn from place to place as they shall see cause. The said commissioners, in examining the com- plaints and applications so prt* feacd to them, are empowered and required, in pursuance of the true intent and meaning of this article, to take into their consideration all claims, whether of principle or in- terest, or balances of principal and interest, and to determine the same respectively, according to the merits of the several cases, due regard being had to all the circumstances thereof, and as equity and justice shall appear to them to require. And the said commissioners shall have power to examine all such persons as shall come before them, on oath or affirmation, touching the premises ; and also to re- ceive in evidence, according as they may think most consistent with equity and justice, all written deposi- tions, or books, or papers, or copies, or extracts there- of, every such deposition, book or paper, or copy or extract, being duly authenticated, either accord- ing to the legal forms now respectively existing in the two countries, or in such other manner as th« said commissioners shall see cause to require or allow. STATE PAPEnS. m ir to said ked- iTiie Ilia; . e to The award of the said commissioners, or of any three of them as aforesaid, shall in all cases be final and conclusive, both as to the justice of th* claim^ and to the anioiuit of the sum to be paid to the creditor or cliiniant : and the United States under- take to cause the sum so awarded to be paid in specie to such creditor or claimant without deduc- tion ; and at such time or times, and at such place or places, as shall be awarded hy the said commis- sioners ; and on condition of such releases or as- signments to be given by the creditor or claimant^ as by the said commissioners may be directed : provided always, that no such payment shall be fixed by the said commissioners to take place sooner than twelve months, from the day of the exchange of the ratifications of this treaty. AiiTici-E VII. Whereas complaints have beetl made hy divers merchants and others, citizens of the United States, that, during the course of the war in which his Majest} is now cngngrd, they have sus- tained coi.sideruhle losses and damage, by reason of irregular or illegal capturts or condemnations of their vessels and other property, under colour of au- thoril} or commissions IVom his iMajcsty ; and that, iV(Mn various circumstances belonging to the said 4'ases, adiquatc compensation for the losses and damages so sustained cannot now he actually ob- tained, had, and received by the ordinary course of judicial proceedings : it is ai!:rced, that in all such cast's where ade([uatc compensation cannot, for u 106 APPENDIX OF IM > whatever reason, be now actually obtained^ had and received by the said merchants and others in the ordinary course of justice, full and complete com- pensation for the same will be made by the British government to the said complainants. But it is distinctly understood that this provision is not to extend to such losse? or damagi^s as have been occa- sioned by the manifest delay or negligence, or wil- ful omission of the claimants. That, for the purpose of ascertaining the amount of any such losses and damages, five commissioners shall be appointed and authorized to act in Lon- don, exactly in manner directed with respect to those mentioned in the preceding article, and after having taken the same oath or affirmation (imitatis mutandis) the same term of eighteen months is also assigned for the reception of claims, and they are in like manner authorized to extend the same in parti- cular cases, Tlioy shall receive testimony, books, papers and evidence in the same latitude, and ex- ercise the like discretion and powers respecting that subject; and shall decide the claims in question ac- cording to the merits of the several cases, and to jus- tice, equity, and the laws of nations. I'hc award of the said commissioners, or any such three of them as aforesaid, shall, in all cases, be final and conclusive, both as to the justice of the claim, and to the amount of the sum to be paid to the claimant; and liis Britannick Majesty undertakes to cause the »anie to be paid to such claimaat iu specie, without ti n STATE PAPERS. 107 land the lom- tish It is >tto cca- wil- tny deduction, in such place or places, and at such time or times, ac shall be awarded by the same corn- missioners, aid on condition of such releases or as- signments to be given by the claimants, as by the said commissioners niavbe directed. And whereas certain merchants and others, his mjijesty's subjects, complain, that, in the course of the war, they have sustained loss and damage by reason of the capture of their vessels and merchan- dize taken within the limits and jurisdiction of the States, and brought into the ports of the same^ or taken by vessels originally armed in ports of the said states ; It is agreed, that in all such cases, where restitu- tion shall not have been made agreeably to the tenor of the letter from Mr. Jeflcrson to Mr. Hammond, dated at Philadelphia, September 5, 1793, (a copy of which is annexed to this treaty ) the complaints of the parties shall be, and hereby arc referred to the commissioners to be appointed by virtue of this article, who arc hereby authorized and required to proceed in the like manner relative to these as to the other cases committed to them ; and the United States undertake to pay to the complainants or claimants in specie, without deduction, the amount of such sums as shall be awarded to them respec- tively by the said commissioners, and at the times and places which in such awards shall be specified; and on condition of such releases or assignments to be given by Ihe claimants as the said awards may be m 1 rfJt 108 APPENDIX OP i directed. And it is further agreed, that not only the nowexistiisg rases of both descriptions, but also all such as shall exist at the time of exchanging the ratifications of this treaty, shall be considered as be- ing \vithin the provisions, intent and meaning of this article. Article VIII. It is further agreed, that the commissioners mentioned in this and in the two pre- ceding articles shall be respectively paid in such a manner as shall be agreed between the two parties ; «uch agreement being to be settled at the time of the exchange of the ratifications of this treaty. And all other expences attending Uie said commissioners jliall be defrayed jointly by the two parties, the same being previously ascertained and allowed by the ma- jority of the commissioners. And in Ihe case of fleath, sickness, or necessary absence, the phice of every such commissioner respectively shall be sup- plied in the same manner as such commissioner was fust appointed, and sty, shall continue to hold them according to the nature and tenure of their respective states and titles therein ; and ;nay grant, sell or devise the same to whom they jileuse, in like manner as if they were natives; and that nel fa nxi vi< STATE PAPERS. 109 neither they, nor their heirs or assigns, shall, so far as may respect the said lands, and the legal re- medies incident thereto, be regarded as aliens. Article X. Neither the debts due from indi- viduals of the one nation to individuals of the other, nor shares, nor monies, which they may have in the public funds, or in the public or private banks, shall ever, in any event of war or national d I (Ter- ences, be sequestered or confiscated, it being unjust and impolitic that debts and engagemesits contract- ed and made by individuals having conlideiice in each other, and in their respective governments, should ever be destroyed or impaired by national authority, on account of national differences and discontents. Article XI. It is agreed between his Majesty and the United States of America, that tliere shall be a reciprocal and entirely perfect liberty of navi- gation and commerce between their respective peo- ple, in the manner, under the limitations, and on the conditions specified in the following articles. Article XIl. — His Majesty consents, that it shall and may be lawful, during the time hereinaft.r limited, for the citizens of the United States to carry to any of his Majesty's islands and jiorts in the West Indies from the United States, in tiieir own vessels, not being above the burthen of seventy tons, any goods or merchandizes, being of the growth, manufacture, or produce of the said {States, which it is or may be lawful to carry to the 110 APPENDIX OP said islands or ports from the said States in Britisb vessels ; and that the said American vessels shall be subject there to no other or higher tonnage duties or charges than shall be payable by British vessels in the ports of the United States ; and that the cargoes of the said American vessels shall be sub- ject there to no other or higher duties or charges than shall be payable on the like articles, if imported there from the said States in British vessels. And his Majesty also consents, that it shall be lawful for the said Ameriun citizens to purchase, loadj and carry away, in their said vessels, to the United States, from the said islands E,nd ports, all such articles, being of the growth, manufacture, or produce of the said islands, as may now by law be carried from thence to the said States in British vessels, and subject only to the same duties and charges on exportation to which British vessels and their cargoes are or shall be subject in similar cir- cumstances. Provided always, that the said American vessels do carry and land their cargoes in the United States only, it being expressly agreed and declared, that during the continuance of this article, the United States will prohibit and restrain the carrying any melasses, sugar, coffee, cocoa or cotton, in Am6<- rican vessels, either from his Majesty's islands or from the United States, to any part of the world, except the United States, reasonable sea stores ex- cepted. STATE PAPERS. Ill tisli libe ities isels the 5ub- I Provided also^ that it shall and may be lawful, during the same period, for British vessels to im- port from the said islands into the United States, and to export from the United States tu iVm said islands, all articles whatever, being of the growth, produce or manufacture of the said islands, or of the United States respectively, which now may, by the laws of the said States, be so imported and ex- ported. And that the cargoes of the said B. sli vessels shall be subject to no other or highc ' cs or charges than shall be payable on the a .;< ar- ticles, if so imported or exported in Ameiicii'.r; vls- sels. It is agreed, that this article, and every matter and thing therein conlained, shall continue to be in force during the continuance of the war in wiiich his Majesty is now engaged ; and also for tvvo years from and after the signature of the preliminary or other articles of peace by which the same may be terminated. And it is further agreed, that, at the expiration of the said term, the two contracting parties will endeavour further to regulate their coinnicrce in this respect, according to the situation in which his Majesty may then find himself with respect to the West Indies, and with a view to such arrange- ments as may best conduce to the mutual advau- tage and extension of commerce. And the said parties will then also renew their discussions, and endeavour to agree, vvhcllier in ll'i APPENDIX OP any or what cases neutral vessels shall protect ene- my's property ; and in what cases, provisions and other articles, not generally contraband, may be- come such. But, in the mean time, their conduct towards each other, in these respects, shall be regu- lated by the articles hereinafter inserted on those subjects. AiiTicLE XIII. His Majesty consents, that the vessels belonging to the citizens of the United States of America shall be admitted and hospitably received in all the sea-ports and harbours of the British territories in the East Indies. And that the citizens of the said United States may freely carry on a trad'? between the said territories and the said United States in all articles, of which the impor- tation or exportation respectively to or from the said territories shall not be entirely prohibited. Pro- vided only, that it shall not be lawful for them, in any time of war, between the British government and any other power or state whatever, to export from the said territories, without the special per- mission of the British goveriuncnt there, any mili- tary stores or naval stores, or rice. The citizens of the United Slates shall i)ay fv)r their vessels, when admitted into the said ports, no other or higher tonnage duty than shall be payable on British ves- sels when admitted into the ports of the United States. And they shall pay no other or higher tluties or charges on the importation or exportation of the cargoes of the said vessels than shall be pay- STATE PAPERS. 113 ;ne- land Ibe- (uct lose Able on the same articles when imported or exported in British vessels. But it is expressly agreed, that the vessels of the United States shall not carry any of the articles exported by them from the said British territories to any port or place, except to some port or place in America, where the same shall be unladen : and such regulations shall be adopted by both parties as shall, from time to time, be found necessary to enforce the due and faithful observance of this stipulation. It is also understood, that the permission granted by this article is not to extend to allow the vessels of the United States to carry on any part of the coasting trade of the said British territories ; but vessels going with their original cargoes, or part thereof, from one port of discharge to another, are not to be considered as carrying on the coasting trade. Neither is this article to be construed to allow the citizens of the said States to settle or reside within the said territories, or to go into the interior parts thereof, without the permission of the British government established there ; and if any transgression should be attempted against the regu- lations of the British government in this respect, the observance of the same shall and may be enforc- ed against the citizens of America, in the same manner as against British subjects, or others trans- gressing the same rule. And the citizens of the United States, whenever they arrive in any port or harbour in the said territories, or if they should be fSi- 4J 114 APPENDIX 01' |i ' permitted, in manner aforesaid, to go to any cthei^ place therein, shall always be subject to the laws, government, and jurisdiction of whatever nature, established in such harbour, port, or place, accord- ing as the same may be : the citizens of the United States may also touch, for refreshment, at the island of St. Helena, but subject, in all respects, to such regulations as the British government may from time to time establish there. Article XIV. There shall be between all the dominions of his Majesty in Europe, and the terri- tories of the United States, a reciprocaKand perfect liberty of commerce and navigation. The people and inhabitants of the two countries respectively, shall have liberty freely and securely, and without hindrance and molestation, to come with their ships and cargoes to the lands, countries, cities, ports^ places, and rivers, within the dominions and terri- tories aforesaid, to enter into the same, to resort there, and to remain and reside there, without any limitation of time ; also to hire and possess houses and warehouses for the purposes of their com- merce, and generally, the merchants and traders on each side shall enjoy the most complete protection and security for their commerce, but subject always as to what respects this article, to the laws and sta- tutes of the two countries respectively. Article XV. It is agreed, that no other or higher duties shall be paid by the ships or mer- chandize of tlie one party in the ports of the other. the di'i hijJ im or STATE PAPERS. 115 othei* ture, ;orcl- lited ilui s, to than such as are paid by the like vessels or merchan- dize of all other nations. Nor shall any other or higher duty he imposed in one country on the importation of any articles, the growth, produce, or manufacture of the other, than arc or shall he payable on the importation of the like articles, beinj^ of the growth, produce, or manufaclure of any other foreign country. Nor sh:ill any prohi- bition be imposed on the exportation or importation of any articles to or fiom the territories of the two parties respectively, which shall not equally extend to all other nations. But the British government reserves to itself the right of imposing on American vessels entering into the British ports in Europe, a tonnage duty equal to that which shall be payable by British vessels in the ports of America ; and also such duty as may be adequate to countervail the diilerence of duty now payable on the importation of Euro- pean and Asiatic goods when imported into the Vnited States in American or in British vessels. The two parties agree to treat for the more exact equalization of the duties on the respective naviga- tion of their subjects and the people in such manner as mav be most beneficial to the two countiics. The arrangements for this purpose shall be made at the same time with those mentioned at the conclusion of tlie twelfth article of this treaty, and are to be considered as a part thereof. In the interval, it is agreed that the United States will not impose any 5J \i 116 APPENDIX OP new or additional tonnage duties on British vessels, nor increase the now subsisting difference between the duties payable on the importation of any articles in British or in American vessels. Article XVI. It shall be free for the two con- tracting parties respectively to appoint consuls for the protection of trade, to reside in the dominions and territories aforesaid ; and the said consuls shall enjoy those liberties and rights which belong to them by reason of their function. But before any consul shall act as such, he shall be in the usual forms approved and admitted by the party to whom he is sent ; and it is hereby declared to be lawful and proper, that in case of illegal or improper con- duct towards the laws or government^ a consul may cither be punished according to law, if the laws will reach the case, or be dismissed, or even sent back, the offended government assigning to the othtn" their reasons for the same. Either of the parties may except from the resi- dence of consuls such particular places as such party shall jud^ie proper to be so excepted. Akt.'cle XVII. It is agreed, that in all cases where vesst'ls shall be captured or detained on just su.-j)ici<>n of having on board enemy's property, or of currying to the enemy any of the articles which are coiitiaband of war, the said vessel shall be brought to ihe nearest or most convenient port ; and if any property of an en my shall t»e found on board such vesselj that part only which belongs to t ?t«ik>«>t>:- pels, 'een fcles » ;on- for lions lliall to STATE PAPERS. in the enemy shall be made prize, and the vessel shall be at liberty to proceed with the remainder with- out any impediment. And it is agreed, that all proper measures shall be taken to prevent delay, in deciding; the cases of ships or cargoes so brought in for adjudication ; and in the payment or recovery of any indemnification adjudged or agreed to be paid to the masters or owner of such ships. Article XVIII. In order to regulate what is in future to be esteemed contraband of war, it is agreed, that under the said denomination shall be comprised all arms .and implements serving for the purposes of war, by land or by sea, such as cannon, muskets, mortars, petards, bombs, granadoes, car- casses, saucisscs, carriages for cannon, musket rests, bandoliers, gunpowder, match, saltpetre, ball, pikes, swords, head-pieces, cuirasses, halberts, lances, javelins, horses, horse-furniture, holsters, belts, and generally, all oilier implements of war; as also timber for ship-building, tar or rosin, copper in sheets, sails, hemp and cordage, and generally, whatever may serve directly to the equipment of vessels, unwrouj^ht iron and lir planks only except- ed ; and all the above articles arc hereby declared fo be just objects of confiscation, whenever they are attempted to be carried to an enemy. And whereas the difiiculty of agreeing on the precise cases in which alone provisions and other articles, not generally contraband, may be regard- ed as such, renders it expedient to provide against 5* lis ArPENDIX OF llie inconvcniencies and mlsunuer-'tandin^s which might thence arise : It is further agreed, that wiicnever anv such articles so hecoiniiia: contrahand accordiu"- to the cxistin.i: laws of nations, shall for that reason be seized, the same >-haH not be confis- cated, but the owners thereof shall be speedil} and complelelv int'enirified ; and the captors, or, in their defiult, the frovernment under whose autho- ritv tiiev act, shall pay to the masters or owners of such vessel the full value of all articles, with a rea- SMua'iIe mercantile profit thereon, together with the freight, and alio the dcinurra»;e incident to such detcnsion. And whereas it frequently happens, that vessels sail for a port or place belonging to an enemy, with- out knowing* that thi same is either besieged, block- aded, or invested ; it is agreed, that every vessel so circumstanced may be turned away from such port or place, but she shall not be detained, nor her ca;go, if not contraband, be couHscated, unless after notice, she shall again attempt to enter: Wni she shall be permitted to go to any other port or place she may think proper ; nor shall any vessel or goods of either party, that may be entered into such port or iilace before the same w as boieged, blockad- ed, or imested bv the other, and be found therein after the reduction or sinrender of Mich place, be liable to C()nli>cation, but shall be restored to thi^ owners or proprietors thereof AuTicLi; \l\. And that more abuudai.i caro A ii^tai>*iR STATE PAPARS. 119 which ^h that labancl lall for c'onfis- Ij and or, ill ut ho- lers of a rea- th the such t)e taken for the security of the respective subjects arid citizens of the contracting parties, and to pre- vent their suffering injuries by the men of war or privateers of either party, all commanders of ships of war and privateers, and all others the said sub- jects and citizens, shall forbear doing any damage to thostj of the other party, or committing any out- rage against them ; and if they act to the contrary they shall be punished, and shall iilso be bound in Uieir persons and estates to make satisfaction and reparation for all damages, and the interest thereof, of whiitever nature the said damages may be. For this cause all commanders of privateers, be- fore they receive their commissions, shall hereafter be obliged to give, before a competent judge, sutficieiit security by at least two responsible securities, who have no interest in the said privateer, each of whom, together with the said commander, shall be jointly and severally bound in the sum of fifteen hundred pounds sterling; or if such ship be provided with jibovc one hundred and fifty sea»nrn or soldiers, in the sum of three thousand pounds stciiin<», to satis- fy all damages and injuries, which the said priva- teer, or oHicers, or men, or any of lliciii. ruav do or commit during their cruize, contkary tt) the ivnor of this treaty, or to the laws and instructions tor regu- lating their conduct ; and further, that in ail ca^^es of aggressions, the said commissions shaii be x*t- vokcd and aiuiulled. It is also agreed, that whenever aju;lgc of the f m hiil I" 120 APPENDIX OP court of admiralty of either of the parties, shall pronounce sentence against any vessel or goods or property belonging to the subjects or citizens of the other party, a formal and duly aulhenticated copy of all the proceedings in the cause, and of the said sentence, shall, if required, be delivered to the com- manders of the said vessel without the smallest de- lay, he paying all legal fees and demands for the same. Article XX. It i^ lurther agreed, that both the said contracting parties shall not only refuse to receive any pirates into any of their ports, havens, or town, or permit any of their inhabitants to re- ceive, protect, harbour, conceal, or assist them in any manner, but will bring to condign punishment all such inhabitants as shall be guilty of such acts or olTences. And all their ships, with the f.^oods or merchan- dizes taken by tliem, and brought into the ports of cither of the said parties, shall be seized as far as they can be discovered, and shall be restored to the own- ers, or the factors or agents duly deputed and au- thorized in writing by tlu'ni ( proper e\idence being shewn in the Court of Admiralty for jn'oving the property) even in case such cll'ecls should have passed into other hands by sale, if it be proved that the buyers knew, or had i;ood reason to believe on suspect that they had bt'tMi piratically taken. AuticleXXI. It is likewise agreed, that the subject!} and citizens of the two nations shall not do AlltH!k'l!^ STATE PAPERS. nx hall |s or 'the any acts of hostility or violence against each other, nor accept commissions or instructions so to act from any foreign prince or state, enemies to the other party ; nor shall the enemies of one of the parties be permitted to invite, or endeavour to en- list in the military service any of the subjects or citizens of the other party ; and the laws against all such offences and aggressions shall be punctually executed. And if any subject or cilizen of the said parties respectively shall accept any foreign com- mission, or letters of marque, for arming any ves- sel to act as a privateer against the other party, and be taken by the other party, it is hereby de- clared to be lawful for the said party to treat and punish the said subject or citizen, having such commission or letters of marque, as a pirate. AiiTicLc XXIT. It is expressly stipulated that neither of the contracting parties will order or au- thorize any acts of reprisal against the other, on complaints of injuries or damages, until the said party shall first have presented to the other a state- ment thereof, verified hy competent proof and evi- dence, and demanded justice and satisfaction, and the same shall either have bctn refused or unrea- sonably delayed. Akticlf. XXIII. The ships of war of each of the contracting parties shall, at all times, be hospi- tably received in the ports of the other, their offi- cers and crews paying due respect to the laws and government of the country. The officers iball i*;]J. M m # I l:i J2$ APPEXDIX OF treated with that n spect which is diie to the cohv- inissions which thcj bear ; and if any insult should be oftercd to them by any of the inhabitants, all offenders in this respect shall be punished as dis- turbers of the peace and amity between the two countries. And his Majesty consents, that in case an American vessel should, by stress of weather, anger from enemies, or other misfortunes, be re- duced to the necessity of seekins^ shelter in any of his Majesty's ports, into which such vessel could not, in ordinary cases, claim to be admitted, she shall, on manifesting that necessity to the satis- faction of the government of the place, be hospi- tably received and permitted to refit, and to pur- chase at tlie market price such necessaries as she may stand in need of, conformably to such orders and regulations as the government of the place, having respect to circumstances of each case, shall prescribe. She shall not be allowed to break bulk or unload her cargo, unless the same shall be bond Jidc necessary to her being refitted : nor shall she be permitted to sell any part of her cargo, unless so much only as may be necessary to defray her ex- pences, and then not without the express per- mission of the government of the place; nor shall she be obliged to pay any duties whatever, except only on such articles as she may be permitted to sell for the purpose aforcsaiii. AhTiCLE XXIV. It shall not be lawful for any foreign privateers ( not being subjects or citizens of cltl fro nat the noi slu th; est ob Mnm^.*». |OHV- all STATE PAPERS. 1^ Cither of the said parties) who have commissions from any other prince or state in enmity with cither nation, to arm their ships in the ports of either of the said parties, nor to sell what they have taken, nor in any other manner to exchange the same ; nor shall they be allowed to purchase more provisions than shall be necessary for their going to the near- est port of that prince or state from whom they obtained their commissions. Article XXV. It shall be lawful for the ships of war and privateers, belonging to the said parties respectively, to carry whithersoever they please the ships and goods taken from their enemies, without being obliged to pay any fee to the offices of the Admiralty, or to any judges whatever ; nor shall tlie said prizes, when Ihey arrive at and enter the ports of tlie said parties, be detained or seized, neither shall the searciiers or other officers of tliose places visit such prizes (except for the pur- pose of preventing the carrying of any part of the cargo thereof OH shore, in any manner contrary to tlie estahiished laws of revenue, navigation or com- merce) nor shall snth officers take cognizance of the validity of such prizes; but they shall be at liberty lo hoist sail, and depart as speedily as may be, and carry their said prizes to the place men- tioned in their commissions or patents, which the commanders of the said ships of war or privateers shall be obliged to shew. *>. I M .. i;. ,.i»SX«jfcfc,.,r^. 124 APP£NDIX OF No shelter or refuge shall be given in Ihcir porU to such as have made a prize upon the subjects or citizens of either of the said parties ; but if forced, bj stress of weather, or the dangers of the sea, to enter therein, particular care shall be taken to hasten their departure, and to cause them to retire as soon as possible. Nothing in this treaty contain- ed shall, however, be construed to operate contrary to the former and existing public treaties with other sovereigns or states : But the two parties agree, that while they continue in amity, neither of them will in future make any treaty that shall be incon- sistent with this or the preceding article. Neither of the said parties shall permit the ships or goods belonging to the subjects or citizens of the other to be taken within cannon shot of the coast, nor in any of ♦he bays, ports or rivers of their ter- ritories, by ships of war, or others having commis- sion from any prince, republic, or state whatever. But in case it should so happen, the party, whose territorial right shall thus have been violated, shull use his utmost endeavours to obtain from tho of- fending party full and ample satisfaction for the vessel or vessels so taken, whether the same be \esspl8 of war or merchant vessels. Article XXVI. If at any time a rupture should take place (which God forbid) between his Majesty and the United States, the merchants and others of each of the two nations residing in the lilomiuioDS of the otlier, shall have the privilege of remr thei agai| rent \eri ret licj p\u ^fcifc*.*-. l-'»**|l'»r»- STATE PAPERS . 125 remaining and continuing their trade so lovj; as they behave peaceably, and commit no oiFence against the laws; and in case their conduct should render them suspected, and the respective go- vernments should think proper to order thctii to remove, the term of twelve months, from the pub- lication of the order, shall be ;ill »>ved them for Ihat purpose, to remove with their families, eliccts and pijperty ; but this favour shall not be extended to tiiose who shall act contrary to the establislicd laws; and for greater certainty it is declared, that such rupture shall not be deemed to exist while negotiations for accommodaiinj]^ dill'erences shall be depending, nor until thi' respective aniba>sadors or ministers, if such Ihcre shall Le, shall be rt'c;:llcd or sent home on acc<»uiit of such diiitrences, and not on account of personal misconduct, accordin^j^ to the nature and degrees of which both parti(>s retain their rights, cither to request the rccal, or immediately to send home the ambassador or mi- nister of the other ; and that without prejudice to their mutual friendship and j^ood understandinj.'^. Article XXVII. It is further agreed, tint his Majesty and the United States, on mutual reqni sitions by them respectively, or by their res})ective ministers, or officers authorized to mr.ke the same, will deliver up to justice all persons, who being charged with murder or forgery, conunitted wiihin the jurisdiction of either, shall seek an as^luin ^ithiu any of the countries of the olhcr^ providej m ^i»i^i^smimisi>. 126 APPENDIX OP that this shall only be done on such evidence of ci'iminality, as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and com- mitment for trial, if the offence had there been committed. The expence of such apprehension and delivery shall be borne and defrayed by those who make the requisition, and receive the fugitive. Article XXVIII. It is agreed that the first ten articles of this treaty shall be permanent, and that the subsequent articles, except the twelfth, shall be limited in their duration to twelve years, to be computed from the day on which the ratifi- cations of this treaty shall be exchanged, but sub ject to this condition : — That whereas the said twelfth article will expire, by the limitation there in contained, at the end of two years from the signing the preliminary or other articles of peace which shall terminate the present war in which his Majesty is engaged ; it is agreed, that proper measures shall, by concert, be taken for bringing the subject of that article into amicable treaty and discussion, so early before the expiration of the said term, as that new arrang(*mcnts on that head may by that time be perfected, and ready to take place. But if it should unfortunately happen, that his Majesty and the Lnited States should not be able to agree on such new ar- rangements, in that case all the articles of this treaty, except the first ten, shall then cease and expire together. • m I t- — ..■AMki*^ ft't STATE PAPERS. 137 of lace be Jen 1011 )se Lastly, This treaty, when the'same shall have been ratified by his Majesty, and by the president of the United States^ by and with the advice and con- sent of their senate, and the respective ratifications mutually exchanged, shall be binding and obligatory on his Majesty, and on the said states, and shall be by them respectively executed and observed with punctuality, and the most sincere regard to good faith. And whereas it will be expedient, in order the better to facilitate intercourse and obviate difficulties, that other articles be proposed and added to this treaty, which articles, from want of time and other circumstances, cannot now be perfected, it is agreed, that the said parties will, from time to time, readily treat of and concerning such articles, and will sincerely endeavour so to form them, as that they may conduce to mutual con- venience, and tend to promote mutual satisfaction and friendship ; and that the said articles, after having been duly ratified, shall be added to, and make a part of this treaty. In faith whereof, we, the undersigned Ministers Plenipotentiary of his Majesty the King of Great Britain and the United States of America, have signed this present treaty, and have caused to be affixed thereto the seal of our arms. Done at London, this Nineteenth day of No- vember, One thousand seven hundred and ninety-four. ^, Grenville. (L. S.) JohnJak, (L. S.) l!' "■■ ■.a - llll lMi i iM l J ife. ■ .•.•««s..,..„.j6l^&».i^.:.^„ 12S APPENDIX OV Sje, Philadelphia, Sept. 5, 1793. I AM honoured w" h yours of August 30. Mine of the 7lh of that month assured ^ou, that measures were taken for excluding from all further asylum in our ports vessels aimed m them to cruize on nations with which we were at peace, and for the restoration of the prizes, the Lovely Lass, Prince William Henry, and the Jane, of Dublin ; and that should the measures for restitution fail in their effect, the president considered it as incumbent on the United States to make compensation for the vessels. We are bound by our treaties with three of the belligerent nations, by all the means in our power, to protect and defend their vessels and effects in our ports or waters, or on the seas near our shores, and to recover and restore the same to the right owners when taken from them. If all the means in our power are used, and fail in their effect, we are not bound by our treaties with those nations to make compensation. ' * Though we have no similar treaty with Oreat Britain, it was the opinion of the president, that we should use towards that nation the same rule, which, under this article, was to govern us with the other nations ; and even to extend it to captures made on the high seas, and brought into our ports, if done by vessels which had been armed within them. Having, for particular reasons^ forbore to use all ^Aimm m m. STATfi PAPERS. 129 the means in our power for the restitution of the three vessels mentioned in my hitter of August 7th, the president thought it incumbent on the United States to make compensation for them. A.nd though nothing was said in that letter of other vessels taken under like circumstances, and brought in after the .5th of June, and before the date of that letter, yet, when the same forbearance bad taken place, it was and is his opinion, that compensation would be equally due. As to prizes made under the same circumstances, and brought in after the date of that letter, the president determined, that all the means in our power should be used for their restitution. If these fail, as we should not be bound by our treaties to make compensation to the other powers in the ana- logous case, he did not mca'i to give an opinion that it ought to be done to Great Britain. But still, if any case shall arise subsequent to that date, the circumstances of which shall place them on si- milar ground with those before it, the president would think conipensation equally incumbent on the United States. Instructions are given to the governors of the ililVerent states, to use all the means in their power for restoring prizes of this last description found witiiin their ports ; though they will of course take measures to be informed of them, and the general government has given them the aid of the custoui- bou^e Oilkers for this purpose, yet you will bescu- R iri \m -.Ktrii.yMllMiP^'^A 130 APPENDIX OF sible of the importance of multiplying the channels of their information, as far as shall depend on your- self, or any person under your directiou, in order that the governors may use the means in their power for making restitution. Without knowledge of the capture they cannot restore it. It would always be best to give the notice to them directly ; but any information which you shall be pleased to send me also at any time shall be forwarded to them as quickly as distance will permit. Hence you will perceive. Sir, that the president contemplates restitution or compensation in the cases before the 7 th of August ; and after that date, restitution, if it can be effected by any means in our power : and that it will be important that you should substantiate the fact, that such prizes are in our ports or waters. Your list of the privateers illicitly armed in our ports, is, I believe, correct. With respect to losses by detention, waste, or sj)0- liation, sustained by vessels taken as before-men- tioned, between the dates of June 5th and August 7th, it is proposed, as a provisional measure, that tbe collector of the customs of the district, and the British consul, or any other person you please, shall appoint persons to establish the value of the Vessel and cargo at the time of her capture, and of her arrival in the port into which she is brought, according to their value in that port. If this shall STATE PAPERS, 131 r be agreeable to you^ and you will be pleased to sig- nify it to me^ with the names of the prizes under- stood to be of this description, instruction will be given accordingly to the collectors of the customs where the respective vessels are I have the honoiif lO be^ &c. (Signed) ThoxMas Jefferson Additional Article. It is further agreed between the said contracting parties^ that the operation of so much of the twelfth article of the said treaty as respects the trade, which his said Majesty thereby consents may be carried on between the United States and his islands in the West Indies, in the manner and on the terms and conditions therein specified, shall be suspended. We therefore, by virtue of these presents, do ap- prove and ratify the said treaty, together with the said additional article, as the same are respectively set forth in this instrument of ratification ; pro- mising and engaging our royal word, that we will faithfully and religionsly perform and observe all and singular the things agreed upon in this treaty, and that we will not suffer the same to be violated by any one, as far as lies in our power. For the greater testimony and validity whereof, we have caused our great seal to be affixed to these presents, which we have signed with our royal hand. Given at our court at St. James's, the twenfy- I ;i I t>: I 132 APPENDIX OF ciglifli day of October, one tbousaiul spven liiindied and ninety-five, intlie thirty-fiftli year of our reign. G. 11. Ratification or the United States. George Wanhington, President of the United States of America, To all and sinj^ular to whom these presents shall come, greeting. W HERE AS a certain treaty of amity, commerce, and navigation, between the United States of Ame- rica and his Britannick Majesty was concluded and siiined between their plenipotentiary the honour- able John Jay, chief justice of the United States, ar.fi their envoy extraordinary to his said Majesty, anti the plenipotentiary of his Britannick Majesty, t!:c Kiiilit lioiiourable W illiam Windham, Baron Gn rville of \^ otfon, one of his Majesty's privy coniK'il, and hi-; Majesty's secretary of state fm foreign alluirs ;U il^oiidon, on (be nineleentb day of Kwvenibei, in \\vj. \ear of our i^ord one thousand seven lunulrcvi add niiuty-foui : whicli treaty is word for woid as lollows; to wit, [Here f(^llo^^s Hie treaty. J And wbiMfas the senate of the I'nited Shilr^ did. by their rts( lutioii on the twenty-fourth day of June, in the ;ear of our Lord 1795, (all ilie bcna- 3 '« STATE PAPERS. 133 vs tors of the United States being then present, and two-thirds thereof concurring) " consent to and *' advise the president of the United States to ratify '' the treaty of amity, commerce, and navigation, " between his Britannick Majesty and the United >4' States of America, concluded at London the *■ nineteenth day of November, 1794, on condition *' that there be added to the said treaty an article, " whereby it shall be agreed to suspend the opera- " tion of so much of the twelfth article as respects *' the trade which his said Majesty thereby consents *' may be carried on between the United States and " his islands in the West Indies, in the manner, " and on the terms and conditions therein spe- •' cified." And whereas it will satisfy, and be conformable with the said advice and consent of the senate, if there be added to the said treaty an article in the following wordsj that is to say. Additional Article. *' It is further agreed between the said contract- ing parties, that the operation oi' so much of the twelfth article of the said treaty as respects the trade which his said Majesty thereby consents may be carried on between the United States and his islanits in the West Indies, in the uiauuerand on the terms and conditions therein specified, shall be suspended." Now, therefore, 1, George Washington, president ( ( (( ti n (( ft 134 APPENDIX OF of the United States of America, having seen and considered the treaty and additional article afore- said, do, in pursuance of the aforesaid advice and consent of the senate of the United States of Ame- rica, by these presents, ratify, accept and confirm the said treaty and the said additional article, asth# same are herein before set forth. And I do moreover hereby declare, that the said treaty and the said additional article form together one instrument, and are a treaty between the United States of America and his Britannick Majesty, made by the president of the United States, by and with the advice and consent of the senate thereof. For the greater testimony and validity of ( Seal. ) all which, I have caused the great seal of the United States of America to be affixed to these presents, and have sign- ed the same with my hand. Given at the city of Philadelphia, the fourteenth day of August, in the year one thousand seven hundred and ninety-five, and of the indepen- dence of the United States of America the twentieth. (Signed) Geo. M^ashington. By the president of the United States of America. (Signed) Edm. Randolph, Secretary of Slate for the United States of America. Gec Great] faith, trcasm pire, come, confii fricnt ourg adjus andc arise twee oftV lure the twe \Jn son fer en oi V e STATE PAPERS. 135 and rore- and HIS majesty's full power. George R. George the Third, by the grace of God, king of Great Britain, France and Ireland, defender of the faith, duke of Brunswick and Lunenburg, arch* treasurer and prince elector of the holy Roman em- pire, &c. To all to whom these presents shall come, greeting. Whereas, for the perfecting, confirming and rendering perpetual the peace, friendship and good understanding between us and our good friends the United States of America, for adjusting and terminating all subsisting differences and disputes,from whatever cause the same may have arisen between us and the said United States, or be- tween our subjects and the people or inhabitants of the said States ; for removing the grounds of fu- ture disscntions, and for promoting and extending the mutual intercourse of trade and commerce be- tween our dominions and the tcrritorici of the said United States, we have thought proper to invest some fit person with full powers on our part to con- fer, treat, and conclude with John Jay, esquire, the envoy extraordinary of the said United States, to our court, now rciding at our said court, and duly authorized in that behalf on the part of the said United States. Now know ye, that we, reposing especial trust and confidence in the wisdom, loyalty, diligence and circumspection of our right trusty and well-beloved counsellor William Windham, ' ( ■« 1.36 APPENDIX OP Baron Grenville ofWottoOj and our principal se- cretary of state for forc/ign aifiurs^ have nominated^ constituted and appointed; and by these presents do nominate, constitute and appoint him our true, cer- tain and undoubted con^imissioner, procurator and plenipotentiary : Giving and granting to him all and all manner of faculty, power and authority, together with general as well as special orders (so as the general do not derogate from the special, nor on the contrary) for us and in our name to meet, confer, treat and conclude with the said minister, furnished with sufficient powers on the part of our said good friends the United States of America, of and concerning all such matters and things as may be requisite and necessary for accomplishing and complcating the several ends and purposes herein before mentioned ; and also for us and in our name to sign such treaty or treaties, convention or con- ventions, or other instruments whatsoever, as may be agreed upon in the premises, and mutually to deliver and receive the same in exchange ; and to do and perform all such other acts, matters and things as may be any wayy proper and conducive to the purposes above-mentioned, in as full and ample form and manner, and uith the like validity and clll'ct as we ourself, if vvc were present, could do and perform the same ; engaj;ing and promising on our royal word, that we will accept, ratify and confu'in, in the most effectual manner, all such acts, mutters aud things, us ^hall be so transuctcd and con^ tor suf or STATE PAPERS. 137 Jsc- latecl, |ts do cer- and all (so nor leef, tei\ our of concluded by our aforesaid commissioner, procura- tor and plenipotentiary, and that we will never suffer any person to violate the same, in the ^hole or in part, or to act contrary thereto. In testimony and confirmation of all which, v^e have caused our great seal of Great Britain to be affixed to these presents, signed with our royal hand. Given at our palace at St. James's, the seven- teenth day of November, in the year of our Lord ohe thousand seven hundred and ninety-four, and in the thirty-fifth year of our reign. ! '^ FULL POWER OF THE UNITED STATES. George Washington, President of the United States of America. To all and singular whom these presents shall concern, greeting. Know ye, that, for the purpose of con firming between the United States of Ameri- ca and his Britannic Majesty, perfect harmony and a good correspondence, and of removing all grounds of dissatisfaction, and from a special trust and con- fidence in the integrity, prudence and abilities of John Jay, chief justice of the United States, I have nominated, and, by and with the advice and con- tent of the senate, appointed the said John Jay» envoy extraordinary of the United States to his Britannic Majesty, hereby giving and granting to \ '* \ 1 138 APPENDIX OF him full and all manner of power and authority^ as also a general and special command^ at the court of his said Majesty, for and in the name of the United States, to meet and confer with the ministers^ com- missioners or deputies of his said Majesty, being furnished with sufficient authority, whether singly and separately, or collectively and jointly, and with them to agree, treat, consult and negotiate of and concerning all matters and causes of difference subsisting between the United States and his said Ma- jesty, whether the same respect the inexecution or infraction of the armistice declaring a cessation of hostilities between the United States of America and his Britannic Majesty, at Versailles, on the 20th day of January, 1783, or the definitive treaty of peace made between the United States and his said Majesty on the 3d day of September, 1783, or the insttu. ..ons of his said Majesty to his ships of war and privateers, of whatsoever date, but espe- cially on the 39th of June, 1793, the 6th of Novem- ber, 1793, and the 8th of January, 1794; or resti- tution or compensation in the cases of capture or seizure made of the property of the citizens of the United States by the said ships of war and privateers, or retribution for the injuries received therefrom by any citizen of the United States : and also of and concerning the general commerce between the Ignited States and the kingdoms and dominions of his Britannic Majesty, wheresoever they may be ; and to conclude or sign a treaty or treaties, conven- tion mittl Stall will Un| a? of !^ STATE PAPERS. 139 tion or conventions, touching the premises ; trans- mitting the same to the President of the United States of America for his final ratification, by and with the advice and consent of the Senate of the United States. In testimony whereof, I have caused the seal of the United States to be hereunto affixed. Given under my hand, at the city of Philadelphia, this sixth day of May, one thousand seven hundred and ninety-four, and of the independence of the United States of America the eighteenth. (L. S.) (Signed) Geo. Washington. By the President of the United States of America, (Signed) Eum. Randolph, Secretary of State. NOTE. — ^The undersigned Henry Richard Vas- sal, lord Holland, and William, lord Auckland, plenipotentiaries of his Britannic Majesty, have the honour io inform James Monroe and William Pinkney, commissioners extraordinary and plenipo- tentiaries of the United States of America, that they are now ready to proceed to the signature of the treaty of amity, commerce, navigation, on the arti- cles of which they have mutually agreed. But at the same time they have it in command from his inajesty, to call the attention of the commissioner! o4'the United States, to some e:(traordinary proceed- 1 ; 1^ J ' li ■■^i 140 APPENDIX OF ings which have lately taken place on the continent of Europe, and to communicate to them officially the sentiments of his majesty's government there- upon. The proceedings alluded to, are certain de- clarations and orders of the French government, issued at Berlin, on the 21st of November last. In those orders tiie French government seeks to justify or palliate its own unjust pretensions, by imputing to Great Britain principles which she never profess- ed, and practices which never existed. His majesty is accused of a syteraatic and general disregard of the law of nations, recognized by civilized states, and more particularly of an unwarrantable extcniiou of the right of blockade ; whereas his majesty may confidently appeal to the world, on his uniform respect for neutral rights, and his general and scrupulous adherence to the law of nations, without condescending to contrast his conduct in these par- ticularSj with that of his enemy ; and with regard to the only specific charge, it is notorious, that he has near declared any ports to be in a sta.ie of blockade, without alloting to that object a force sufiicient to make the entrance into them manifestly dangerous. By such allegations, unfounded as they are, the enemy attempts to justify his pretensions of confis- cating, as lawful prize, all produce of English ii.-> dustry or manufai ture, though it be the property of neutrals ; of exrluiiing from his harbours every neutral vessel which has touched at an) port of his majesty's domiDions thoug|i employed in an inno- STATE PAPERS. 141 ,. and of declaring Great Britain to cent commerce , and ot ^^^ be in a state of '''f ^ ;,*2' ncl he is unable to station any nava to.ce ,i„ciples are in .,f he United K">Sdo"« J^J^ J„,,„t to the la« themselves extravagant, and e ^^^ ^^^^^ „f nations; --^ * ^ P;;: ^^ "lely against Great though prolessedly ^"^''^ J „f «ar among Britain, tend *»''"« ^^.^to -^-rt the rights civilized nations, and u«c ^^^ and independence of neut.al p ^^^^^ ^,,i signed cannot therelore beUeve f ^ ^^^^^^ ever seriously attempt to enfo^ ^^^ ^^^^ If he should, they are co fide^> ^.^^ sense of the American J "^ ^^^,„,.„„s to neu- the fatal consequences of such V ^^^ ^^^^ tral commerce, "'"V T t us acquiescence in to national honour, v^.U P'f" ^„d injurious .uch palpable v-latmns of »>.ts,^^ ^^^^^^^^ ,,, encroachments on '** '"7", _^, i„to execution, enemy should carry these ^^^ ,^ ^U ex- and if neutral nations sbo"> ; ^ J ,, ^.jes- pectation acqmesce m sud^^n P ^^^^^^^ ty might probably be co.m ^^^ ^..^ t„ Unlly. to retaliate m h.s o^ n just ^^^ •'^-^ "'•'''' roSe'rrt^th those neutrals neutrals any hostile system .^.^^^ ^^^. '-^".''-" :?£turi:"viU therc..re feel. U2 APPENDIX OF that at a moment ^vlicn his majesty and all the neutral nations are threatened with such an exten- sion of the hclligerent pretensions of his enemies^ he cannot enter into the stipulations of the present treaty without an explanation from the United States of their intentions, or a reservation on the part of his majesty in the case above mentioned, if it ever should occur. The undersigned, consider- ing that the distance of the American government, renders any immediate explanation on the subject impossible, and animated by a desire of forwarding the beneficial work in which they are engaged, are authorized by his majesty to conclude the treaty without delay. They proceed to the signature under the full persuasion that before the treaty shall be returned from America, with the ratificatiou of the United States, the enemy will either have formally abandoned, or tacitly relinquished, his unjust pretensions, or that the government of the United States by its conduct or assurances, will have given security to his Majesty, that it will not submit to such innovations in the estab- lished system of maritime law ; and the undersigned have presented this note from an anxious wish, that it should be clearly understood on both sides, that without such abandonment of his pretensions, on the part of the enemy, or such assurances or such conduct on the part of the United States his Majes- ty will not consider himself bound by the present signature of his commissioners to ratify the treaty. STATE PAPERS. 143 1 *•««. eiirh measures as may „, precluded ftom adoptu-S -<* - ^,^^ ^-^^T'' :lu7t2oJ.r. and be of such enemy ^«hev.e1per they *na ..^traordinary „extraordi»arynatureatorequn ^^^^^^.^^_ remedies. Tl.eu.«;^2„ at the prospect of out expressing their sat. i ^ ^„ the inte- i- * ^ iw the commissiouevs ol tiie ^ T tL whole course of the negotiations, during the whole co ^^^^^^ UoLtAND. ^ ^^"^ Auckland. Jawes Monroe, 8?c. m-Hmi» Ptwfewf^, %^- ^^^ 3j^ 1806. I ill which differ from the n ca J Jay, ml791. , , , ,., *i « fir«;t of that concludca 144 APPENDIX OF words " and sailing direct from the ports of the said States," are inserted in the first clause^ which now runs thus :— '' His Majesty consents that the vessels belonging to the citizens of the United States of America^ and sailing direct from ports of the said States^ shall be admitted and hospitably re- ceived in all the sea-ports and harbours of the Bri- tish territories in the East Indies/' &c. The fifth article of the new treaty is the same as the fifteenth of the old one (regulating the duties on ships and merchandize), with two excep- tions : the first reserves to the United States the right previously reserved to Great Britain^ of im- posing a tonnage duty equal to what i^hall be im- posed by the other party. The second is made by substituting a new clause for the reservation former- ly made by Great Britain, of the right of imposing on American vessels entering into the British ports in Europe, such duty as may be adequate to coun- tervail the difference of duty now payable on the importation of European and Asiatic goods, when imported into the United States in British or in American vessels. Instead of this, the following words make part of the new article : — " And in the trade of the two nations with each other, the same duties on the exportation or importation of goods or merchandize shall be imposed, and the same drawbacks and bounties allowed in either country, whether the exportation or importation shall be in British or American vessels." s■^^TE I'^rEi"- 145 ii ( iW Dailies cannot The sixlh avticle states, tl a ^ ^ I ^^^^ ^__j. ,^^ as- about the Ame^au^^^^^^^^^^^ an amicah.o but that •• >''"'« *'7j;uaheir existing vi§Ms. agreement, both may exet .s. ^^. ^„„. ^he ninth is the same a'"' ^' ^^ ^evi^i fro.n traband, only that tar and ^ U ^^^ ^^ _^^^,^j the catalogue, unless ^vhen going to "t'televenthaHicle. citizens or^^^^^^^^^^^^^^ States may ca.yB.op."go^^^^^^^^^^^^ enemies of Gieat Bi U u >. ^^^^ ^^^ ^.^^^„ UnitedSta.es), V-^'''''^ *^ ,';" that the goods be hond fclc American p o c^t^ ■ ^^^^ g^^„, . .ball have been ""'f "J 7; t of the duty al- a„dthat(inaa;^o «;-^^^^^^ ready reserved (">- ^ cent, ad u.loran on such tbe further sum of oik pc ^ ^^^ ^^.^,„ ^„ goods shall be paid Ih ) > „f ,„,o„,es Vnited States t" ^^i, ,1^ p.oviaod they, be- of the enemies ol G cat I ^^^^ ^_,,^^j„, ,, ing neutral property, >1'." ,,^ ,id belre, and that two per c"t.^._^^^^^^^^^^^^^ o„ exportation -.^'^^^^^^^^^^^^^^ the drawback. A '• ^ .^,.t, „,„ to revive. ,11 antecedent righ U on tb ^^ J ^^. ^,^^.^^, Britain, and lo M lui ,,ii,. f,„„, a m^i- 146 APPENDIX or The twenty-second is a new article respecting shipwrecks, and promising humane treatment. The twenty-third secures to each the rights of the most favoured nation, and declares, that " all treaties hereafter made by either with any nation, shall ipso facto be extended in all their favourable operations to the other." The twenty-fourth article engages to join in abo- lishing the slave trade. The twenty-sixth limits the duration of the treaty totcnyearsj from the exchange of ratifications. Copy of a Letter from Mr. Merry, late Minister from the Court of Great Britain to the United States, received from him hy a Gentleman at New York. " Clarges Street, August 11, 1807. " I have been favoured with your letter, to which I have deferred replying, in the daily expec- tation that some official accounts from America, Would have enabled his Majesty's Government to have determined on the line of conduct that it may ultimately appear expedient to pursue, in the criti- cal state of our relations with that country. For a definition of the manner in which the question stands at this moment, and will remain until official information be received respecting the pretensions of the American Government towards an adjust- STATE PAPERS. 147 ting the all ion, ibic >o- ment of the complaint on their part, occasioned by the affair between his Majesty's ship Leopard and the Chesapeak frigate, I cannot do better than refer you to the explanation given last night by Mr. Canning, in the House of Commons. " To that statement, however, it may be satis- factory I should add, that as Government have, in their explanation with the American minister here, disavowed the principle upon which Admiral Ber- keley has acted, and recalled him, in consequence of the orders he issued, there is great room to hope that this affair will be settled in an amicable way." ! 'I TUK L\». (:^ ■fit''. ,< .«'-'' T. Cillft, Printer, Wild Court.