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'Si ■ .. "x ^H^-^C.,r-~' ..y«»>»T> '*' k'w*J*^>''»lM(U '<%4iij^ .^. IV KKiinr-*^^,- t. ^-l .'•Ji'-I*. .■• >\ % i WASHINGTON'S ADMINISTRATION, ^^ln«m JUcircA 17«9, f» March 1797. ADAMS' ADMINISTRATION, FrmMKrek 1197, to March 1101. I jIEFFERSON'S ADMINISTRATION, Ftm March INl, to Muxh 1809. MADISON'S ADMINISTRATION, Frtm March 1> -<*h£ "•"•^-.^ -■Ir^'^-^^',, \ '*-.*>■ %■ ^■n; t^ CONGRESS. « . .v-<^ -'^J MESSAGE. 7b Me Senate qf the United States. ''V. >l I TRANSMIT to the Senate, copies and extracts of documents in the archieves of the Department of State, falling >vithin the purview of their resolution of the 4di inst. on the subject of British impressments fix>m Amerioan vessels. The information, though vduminous, might have been enlaiged, with more time for search and preparaUon. In some instances, itmi^t, at the same dme, have been abridged, but for the difficulty of separating the matter, extraneous to the immediate object of the resoluticm. JAMES MADISON. July 6th, 1812. '. •*>-.. :'^4k JA»»i• » » •...V, '*. ^.r » coast of d vessel. d, that it ould ex- to disa- your dis- tion by likely to our com- :e, which ion. No ^ ngage, in o law au- :, nor the -ce for his •softt Esq. ' qf Qene- 'tsg* Am€» No?. 6, 1793. ber, since ^ with the I enclose ntard, our mptatthe. .vi practice on which I wrote you in my last, made bV Captain Hargood, of the British frigate Hyaena, to take seamen from on board an American vessel, bound to the East Indies. It is unnecessary to develope to you the inconveniences of this conduct, and the im- possibility of letting it go on. I hope you will be able to make the British Ministry sensible of the ne. cessity of puiushing the past and preventing the fu- ture." Extract from the Instructions given by Timothy Pickering y Esq. Secretary of State^ to Rufus Kingy Esq. dated " Department of State, June 8, 1796. " Among the articles left unadjusted, one of the most interesting nature regards the impressing of American seamen. Mr. Pinckney was instructed on this head, in Juoe, 1792. You will there see that the mode prescribed by the late act of Congress, of certu f eating our seamen, was pointedly reprobated. The long but fruitless attempts which have been made to protect them from British impresses, prove that the subject is in its nature difficult. " The simplest rule, as remarked to Mr. Pinckney, would be,sthat the vessel being American should be evidence that the seamen on board her are such. But it will bo an important point gained, if, on the high '^^- \ ^ A y J m ■ -M .' ■V' ■ji9tmis^"^ t^ ! r ) f \ ) 'i I i .A ^" .v<'«jr, our flag can protect those of whutevcr nation Mho shnll sail under it. And for this, humanity as ^vcU as interest powerfully plead. Merchant vessels carry no more hands than their safety renders necessa- ry. To withdraw any of them on the ocean, is to expose both lives and property to destruction. Wc have a right then to expect that the British Govern- ment will make no difficulty in acceding to this very interesting provision. And the same motives should operate with nearly equal force, to procure for us the like exemption in all the British colonies, but espe- cially in the West Indies. In the latter, the conse- quence of an impress is the detention of tlie vessel : by the detention, the vessel is injured or destroyed by the worms, and the remnant of the crew exposed to the fatal diseases of the climate. Hence a longer de- tention ensues ; the voyage becomes unprofitable, if not ruinous, to the merchant, and humanity deplores the loss of many valuable lives. But there is another cogent reason for the absolute exemption from im- presses in tlie British colonies. That the practice will be, as it always has been, attended with mon. strous abuses ; and the supreme power is so remote, the evils become irremediable before redress can even be sought for. To guard against abuses on the part of American citizens, every master of a vessel, tm his arrival in any port of the Britisli colonies, may be re- , ^ 4 n ..!» -t.*-. vcr nutiuii umanity as ant vessels rs nccessa- icean, is to :tion. Wc ih Govern- to this very ives should re for us the I, but espe- thc conse- tlie vessel: lestroyed by f exposed to a longer de< profitable, if nity deplores ;re is another on from im- the practice \ with mon. is so remote, re3S can even s on the part vessel, «n his i, maybere- . * quired to report his crew at the proper office. If «f. tcrwards any addition be made to them by Briiith iubjectSy these may be taken away. In tlie ports of Great Britain and Ireland, the impress of British subjects found on board our vessels must doubtless be admitted. But this should be controlled by rcgu- hitions to prevent insults and injuries, and.to adminiS' ter prompt relief where American citizens (which will assuredly happen) shall be mistaken fur British subjects. " There are three clashes of men, conpeming whom there can be no difficulty. 1. Native American citi- sens. 2. American citizens, wherever bom, who were such at the definitive treaty of peace. 3. Fo- reigners, other than British sutgects, sailing in A. merican vessels, and whose persons ought to -be as sacred, as it respects th^ British, as those of native citizens. The 4th class consists of British bom sub- jects, but who, or many of whom, may have become citizens subsequent to the treaty of peace, or who hereafter may be admitted to the rights of citizens. It is this class alone about which any pretence of right to impress can be made. With regard to these, it may be attempted to protect them as well in time of jrar as of peace, in the following cases : First, when "^iHcy shall have served in American vessels, public #r private, for the same^ term in which foreigners ■■•'§'■ ■^. :i^ . ■■♦ '■■ ■'*iiji' k • •{.* '••' ^- • V. .♦ ,#^V.^ t > ~ j^.m '.-..-ft. -^<^ • , ''<^ ■ ■"J 1- •^ ■ . \^^ '■ X' -\:^ 'w^ ■^j'' ■..■•■■ :*"' ■ M " )^k (' lb serving in British vessels would acquire die rights of BritisH subjects, which is undenitcod to be three years; or, 2dly, if so much carjiot be obtained, when those persons originally British subjects, shall have resided five years in the United States, and been formally admitted to the rights of citizens according to our laws. " It must often happen that sailors will lose their certificates: provision should therefore be made for the admission of other reasonable proof of their citi- zenship, such as their own oaths, with those of the masters, mates, or other creditable witnesses. The rolls of the crews, or shipping papers, may also be authenticated by the collectors of the customs ; and then they ought to be admitted as of equal validity with the individual certificates.'' V>{T' Mr, Pickering to Mr. King^ dated , : ^ " Department of State, Sept 10, 1796.. " I enclose a letter from Francis S. Tjiylor, Depu- ty-Collector of Norfolk, relative to four impressed seamen. It appears to be ^vritten with candour, and merits attention. If, as the Captain of the Prevoy- ante (Wemyss) says, the dignity of die British Go- vernment will not permit ar enquiry on board their bhips for American seamen, their doom is fixed for the war: and thus the rights of an independent neu- fghtsof three ^tained, shall id been Icording -"■iXtt II Iral nation are to be sacrificed to British dignity t Justice requires that such inquiries and examinations should be made, because the liberation of our seamen will otherwise be impossible. For the British Go- \'emment, then, to make professions of respect to the rights of our citizens, and willingness to release them, and yet deny the only means of ascertaining those rights, is an insulting tantalism. If such orders have been given the British commanders, Gmd Mr. Lis- ton's communication in the conversation, of which I sent you a copy in my letter of the 31st ult. countenan- ces the idea,) the agency of Col. Talbot anJ Mr. Trumbull will be fruitless, and the sooner we know it the better. But I would fain hope other things ; and if the British Government have any regard to our rights, any respect for our nation, aiid place any value on our friendship, they will even facilitate to us the means of relieving our oppressed citizens. The subject of our impressed seamen makes a part of your instructions ; but the President now renewshtsdesire, that their relief may engage your special attention. "lam&c. (Signed) " TIMOTHY PICKERING. " • '' Rufus King, Esq. Csfc. &fc. ..*r"'' ■ 'i . ii.'s t', % < s? • ». ' . ,' Extract qf a Letter from Mr, Pickering to Mr. ' ' Kingy dated " Department of State, Oct. 26, 179d« ** I think it is mentioned in your instructions, that the British na)fal officers often impress Swedes, Danes, and other foreigners from the vessels of the United States. They have even sometimes impressed French, men. If there should be a time to make out a copy of a protest lately received, it shall be inclosed, des- cribing the impress of a Dane and a Portuguese. Thiff surely is an abuse easy to correct. They cannot pre- tend an inability to distinguish these foreigners from their own subjects ; and they may with as much rea- son rob American vessels of the property or merchan- dise of the Swedes, Danes, and Portuguese, as seize and detain in their service the subjects of those na- tions found on board American vessels. The Presi- dent is extremely anxious to have this business of impresses placed on a reasonable footing.'* Extract of a Letter from Mr. Pickerings Secretary qf State^ to Silas Talhot, Esquire. " Department of State. August 15th, 1797. " I was pleased with your success in obtaining re- lief for so many American seamen, as mentioned in your several letters : but your last, containing the or- ders of ^miral Parker to his captains no longer to f. ',-.'^' * 13 obey tlie writs of habeas corpus, gave me much uneasiness. Yesterday I gave those letters to the British Minister, Mr. Liston ; and wish he may do something toafFordyou a prospect of further success; but I fear, notwithstanding he is perfectly well-dispos- ed to administer relief, that his remortstrances or re- quests will have too little effect. I shall transmit co- pies of these letters to Mr. King, our Minister in Lon., don, to lay before the British Ministry. If .iny naval officer shall have committed such an outrage on any American seamen as to bring them to the gangwat/, as you mention, or to inflict any kind of punishment on them, especially for seeking opportunities to inform you of their situation for the purpose of obtaining the just relief to which they are entitled, pray endeavour to get proofs of the ftict, that I may make it the subject of a special representation to the British Government. %^ •• f- i , I tM: u Vjfc ; ; \ I V *., Extract of a Letter to Bufus King, Esquire, from the Secretary qf State, dated " Trenton, Oct. 3, 1797. " Lord Grcnville's observations on the act of Con- gress for the relief and protection of American sea- men, present difficulties which dem: id consideration nt the ensuing session. But your reasoning, in yoiir letter to his Lordship of the 30th of last November, .is conclusive ajainst the British pretences to retain I -f i£'A American seamen, who are married in their do* minions, or wlio have voluntarily entered on board British vessels. It behoves the honour and faith of the British Government to adhere to their principle on natural allegiance wholly, or to renounce it whol- ly : and an answer on this pomt would have become Ixis Lordship's candour. " I consider Col. Talbot's agency in the West In- dies to be no longer very important. The rigid con- duct of Admiral Sir Hyde Parker ( who from the be- ginning has thrown obstacles in the way) leaves but little room to get our seamen released. The opposi- tion of the officers in general, induced Colonel Talbot to take out writs of habeas corpus at Jamaica, by which, directly, or in their consequences, he obtained the discharge of near fifty seamen : but Admiral Par- ker has some time past forbidden his officers to pay any obedience to such writs; and Col. Talbot in- forms me that some of our seamen have been punish- ed for attempdng to send letters to him to inform of their situation. Mr. Liston has assured me that tlic British Officers have orders not to impress any Ame- rican seamen, and of course not to retain against their will any already inH>resscd : but if they persist in ob- structing every channel of information and proof of their citizenship, such orders are and will continue deceptive." t , 15 < ^ The Secretary (jf State to the President of the Uni- ted States* Department of State, Feb. 20. 1800. The Secretary has the honour to lay before the Pre- sident— 1. Mr. Liston's note of February 2d, 1800, with papers referred to, relative to the rescue of tliree A- merican vessels from the hands of the British captors, and for the restoration of which he is instructed by hi:^ Government to apply. 2. Mr. Liston's note of the 4th February, together with his project of a treaty for the reciprocal delivery of deserters ; which appears to the Secretary utteriy inadmissible, unless it would put an end to impress- ments — which Mr. Liston seemed to imagine — while the 7th paragraph of his project expressly recognizes the right of impressing British subjects — and conse- *quently American citizens, as at present. (Signed) TIMOTHY PICKERING. .R. Liston presents his respects to Colonel Pickering, Secretary of State. I have, from time to time, taken the liberty of mak- ing verbal complaints to you, sir, respecting the prac- tice, lately become frequent among the masters and supercargoes of American merchantmen, of rescuing, by force or by fraud, such vessels as have been de- i-^4-v- S \ * i \ % \ i* if c * 16 ta'uied by the commanders of his Majesty's ships of war, with M view to future trial in a Court of Admiralty. I, in particular, mentioned the cases stated at large id the inclosed papers. ' The first is that of the brigantine I'^xperience, de- tained on the 25th May by Captain Poyntz, of His Majesty 's ship Solebay . She came from Campeachy ; was said to be bound for Charleston, (S. C.) and was loaded with logwood. The cargo was suspected to be enemies' property ; and she was afterwards found to have a complete set of Spanish papers. The American master, Hewit, and Howe the su- percargo, with the consent of the British seamen who were put on board to navigate her, overpowered the prize.master, (Mr. Bryce,) kept him prisoner several days, and at last, by threats and violence, forced him to leave the vessel and to go on board of a schooner bound for New Providence. The second is the case of the- ship Lucy, com- manded by a Mr. James Conelly (a native of Ireland, calling himself a citizen of the United States) which was stopt on the 3d of June by Captain Ferrier, of His Majesty's ship York. This vessel had smuggled one hundred and eighty-seven new negroes from Ja- maica. The captain found means to forge a clearance from the Custom-house of Kingston, and afterwards loaded goods at the Havanna, partly the property of } enemies, and partly belonging to a Mr. Courtauld, u British subject, who recently held a place in the Cus- toms under His Majesty's Government. A lieutenant, a quarter-master, and ten men, were put on board the Lucy to conduct her to Jamaica ; and with a view to accommodate the master and the other persons who were found in the vessel, Mr. Conelly, Mr. Courtauld, (his nephew,) two other passengers, with servants and seamen, amounting to twelve in all, were permitted by Captain Ferrier to remain on board on their parole. They, however, secretly armed them> selves, and in the n?ght surprised the watch, confined the prise.master and the British seamen, and carried the ship to Charleston. The third case isthatof the Fair Columbian, Edward Casey, master, detained by His Majesty's sliip Hind, in company with the sloop of war the Swan. She had^ come from the Havanna ; had no sea-brief or register on board ; was commanded by a person who had de- serted about nine months before fromHisMajesty 's ship Polyphemus ; and according to the concurrent testi- mony of eight or nine masters of American vessels which had sailed in company with her from the Ha- vanna, was loaded with Spanish property. These circumstances affording a sufficient cause of suspicion, she was ordered for Bermuda ; but the master by the use of bribery and into^ical^on, suc- /■ / »■ \l J'. 18 '% ceeded in inducing the prize-master and crew to pciv mit her to be carried into the port of Baltimore. It is unnecessary to employ arguments to prove that these irregularities are an infringement of the law of nations. The tenor of the instructions given by the President to the vessels of war of the United States, involves an acknowledgment of the right of the King's ships to search and detain such American vessels as are suspected of being loaded with enemies' property, or with contraband of war destined for an enemy's port. It remains that I should add,that I have now recei- ved express orders from His Majesty to claim aS an act of justice (which is expected from the candor of the Federal Government, and the good understanding which subsists between the two countries) that the vessels, of which the masters and supercargoes have thus illegally re-possessed themselves, be delivered up to me, together with the British seamen and the deser- ters who have assisted in lescuing them out of the hands of the prize-masters, that they may be sent to some one of His majesty's colonies, to be there dealt with according to law. Philadelphia, Feb, 2, 1800. R. LisTON presents his respects to Colonel Pick- ering, Secretary of State. I have the honour, sir, of enclosing a duplicate of 19 ^ % my letter of the 18th December, to Vice- Admiral Sir Hyde Piirker, soliciting the discharge of certain American seamen said to be detained on board of his squadron on the Jamaica station; and I flatter myself it will have the desired effect, although it be not ac- companied by copies of the documents attesting their citizenship. I cannot, however, omit this opportuni- ty of calling to your remembrance what I have fre- quently stated in conversation, that while the papers railed protections are granted with a fraudulent inten- tion, or without a proper examination of facts, by infe- rior magistrates or notaries public in the United States, and while they can easily be procured by such natural born subjects of His Majesty as choose to abandon his service in the hour of danger, it is not to be e^tpect- ed that any regard will be paid to them by the com- manders of British ships of war. And I beg leave, once more to urge you to take into consideration, as the only means of drying up every source of complaint and irritation upon this head — the proposal I had the honour of making two years ago (in the name of His Majesty's Government) for the reciprocal restitution of deserters. Philadelphia, Feb. 4, 1800. 1. Whereas, by the 28th article of the treaty of amity, commerce, and navigation, concluded at Lon- don, on the 19th day of Nov. 1794, between His { 20 ■-j^' Britannic Majesty and the United States, it was agreed, in order to facilitate intercourse, and obviate difficul- ties, that other articles should be proposed and added to the treaty above-mentioned, which articles, from want of time and other circumstances, could not then Ijc perfected, and that the said parties should from time to time regularly treat of and concerning such ar- ticles, and should sincerely endeavour so to form them as that they might conduce to miituel convenience, and tend to promote mutual satisfaction and friend- bhip ; and that the said articles, after having been du- ly ratified, should be added to, and make part of, the above-mentioned treaty. 2. And whereas, it will greatly conduce to the main- tenance and improvement of that friendship and har- mony now subsisting between the contracting parties tiiat measures should be taken by mutual consent for the giving up of deserters on each side : - • 3. Therefore, the parties have with this view ap- pointed their respective ministers to meet, negociate, and conclude on this subject — that is to say. His Bri- tannic Majesty, Robert Liston, Esquire, His Majes- ty's Envoy Extraordinary and Minister Plenipotenti- ary to the United States of America ; and the United States, 4. Who having communicated to each-other their respective full powers, have agreed on the following * -♦ iS- ».>^-»,*4rt'i,^?i. ». ; » « l» ..i K i # _ )»l,-^. " ^H.' t' . ■• -<— ■t m article to be added to the above-mentioned treat}*, and to form a part thereof. ' ■ ,/ Additional Article. 5. It is agreed that no refuge or protection shall be afforded, irt the territories or vessels of eiiher of tlie contracting parties, to the captains, officers, mari- ners, sailors, or other persons, being part of the crews of the vessels of the respective nations, who shall have deserted from the said vessels ; but that on the contrary, all such deserters shall be delivered up on demand, to the commanders of the vessels from which they have deserted, or to the commanding offi- cers of the ships of war of the respective nations, or such other persons as may be duly authorised to make requisition in that behalf, provided that proof be made by an exhibition of the register of the vessel or ship's roll, or authenticated copies of tlie same, or by other satisfactory evidence, that the deserters so demanded were actually part of the crew of tlic \ cssels in ques- tion. 6. With a view to the more effectual execution of this article, tlie consuls and vice-consuls of His Bri- tannic Majesty and of the United States may cause to be arrested all persons who have deserted from the ves- sels of the respective nations as aforesaid, in order to send them back to the commanders of the said ves- sels, or to remove them out of tlie country. For 1 w. *. V J. ( - r \ wliicli purpose the said consuls unci vice-consuls ■shall apply to the courls, jiicbics, niul ofilctfb compe- tent, and shall demand llic said iloscrtcrs in writing, proA ing as aforesaid that they Mere part of the said crews; and on this demand, so proved, thedclivuy shall not be refused : and there shall be given all aid and assisti\nce to the said consids and vice-consuls for the search, seizure, and arrest of the said deserters, •who shall even be detained and kept in the ])risons of the country, at their request and expcnce, until they shall have found an opportunity of sending them back, or removhig them as aforesaid. But if they be not so sent back or removed within tlirce months from the day of their arrest, they shall be set at liberty, and shall not again be arrested for the same cause. 7. It is however understood, that this stipulation is not to extend to authorise either of the parties to de- mand the delivery of any sailors, subjects, or citizens, belongingto the other party, who have been employed on board'the v cssels of eidicr of the respective nations, and who have, in time of war or threatened hostility, V oluntarily entered into the service of their own so- vereign or nation, or have been compelled to enter therein, according to the laws and practice prevailing ill the two countries respectively. ?,. It is fardier agreed, that no refuge or protection shall be aftorded by cither of the contracting parties to m'. ) Xw ffl ' - ' W M' l t HJ ) A uny soldiers who may desert from the military ser- vice of the other, but that, on the contrary, tlie most eflPectual measures shall be taken, in like maniKcas with respect to sailors, to apprehend any such sol. diers, and to deliver them to the commanding officers of the military posts, forts, or garrisons, from which they have deserted, or to the consuls or Vice-consuls on either side, or to such other person as may be duly auUiorised to demand their restitution. 9. It is however understood, that no stipulation in this additional article shall be construed to empower the civil or military officers of either of the contract- ing parties forcibly to enter into the public ships of war, or into the forts, garrisons, or posts of the other party, or to use violence to the persons of the land or sea officers of the respective nations, with a view to compel the delivery of such persons as may have deserted from the naval or military service of either party as aforesaid. • ^- The Secretary of State to Mr. Liston. Department of State, Philadelphia, May 3, 1800. Sir,— In reference to your letter of the 2d Fe- bruary last, I soon after took occasion to intimate to you what appeared to be the President's way of think- ing on the subject. I have now the honour to state to you, that while, by the law of nations, the right of a /♦, J ' a -». t t fcw' bciligLrcnt ijoucr to capture and detain the merchant vessels of neutrals, on^ust suspicion of having on board enemy's property, or of carrying to such ene- my any of the articles which are contraband of war, is unquestionable, — ^no precedent is recollected, nor does any reason occur which should require the neu tral to exert its power in aid of the right of the belli- gerent nation in such captures and detentions. It is conceived that after warning its citizens or subjects ol' the legal consequences of carrying enemy's property. or contraband goods, nothing can be demanded of the sovereign of the neutral nation, but to remain passive. If, however, in the present case, the British captors of die brigantine Experience, Hewit, master ; the ship Lucy, James Conelly, master ; and the brigantine fair Columbia, Edward Casey, master, have an> right to the possession of those American vessels, or their cargoes, in consequence of their capture and de- tention, but which you state to have been rescued by their masters from the captors, and carried into ports of the United States, the question is of a nature cog nizable before the tribunals of justice, which are open ed to hear the captor's complaints, and the proper ofii eer will execute their decrees. You suggest that these rescues are an infringement ol the law of nations. Permit me to assure you, that any arguments which you shall offer to that point, will receive a just attention. * With regard to the British seamen and deserters who have assisted in the rescues, with great truth I am authorised to assure you, that the Government have no desire to retain them ; but besides that the many months elapsed since those eveits, and the con- sequent dispersion of the men, would probably ren* der their delivery impracticable, it is not known to be authorised by any law. This has brought into view your project of stipulations for the mutual delivery of deserters whether seamen or soldiers : and I have now the honouf to enclose a counter-project, by which you will see the objections which have occurred to your propositions. The President has been pleased to di- rect and empower me to negociate with you on this subject, and it will afford him great pleasure if we can make a satisfactory arrangement. ; * - ' ^ I have the honor to be, &c. TIMOTHY PICKERING. jRobt. Liston, Esq. 1. It is agreed that no refuge or protection shall be ufforoed in the territories or vessels of either of the contracting parties, to the officers, mariners, or other persons, being part of the crews of the vessels of the respective nations, who shall desert from the same ; but that on the contrary, all such deserters shall be delivered up on demand, to the commanders of the \essels from which they shall have deserted, or to the D ■K ■ '^. *; i;f:S^ A. i •i'M « ,%i=.. ^ cMiMntunding officers of the ships of war of the respec- tive nationS} or such other persons as may be duly authorised to make rec^iation in that bdialf : provi- ded, that proof be made by exhibition of the shipping paper or contraoti or authenticated copies thereof, ■ #-■■*■ "t~ '"" ■ u t*, • I : ». 4W ^"^ The Secretary of the Treasury to the President. The Secretary of the Treasury respectfully submits the following observations, in obedience to the direc- tion of the President of the United States. The project of a treaty proposed by the Minister of His Brit^nic Majesty for the reciprocal delivery of deserters from the land and naval service, does not sufficiently provide against the impressment of Ame- rican seamen, and is therefore deemed inadmissible. The ideas of the Secretary of the Treasury on this sub- ject are stated in the counter-project hereto subjoined, and will be found to be essentially the same as those of the Secretary of State. The Secretary of the Treasury fully concurs in opinion with the Secretary of State, respecting the re- ply proper to be given to the notes of Mr. Liston, da- ted the 2d and 4th February last, demanding the resti- tution of several American vessels, captured by Bri- tish cruizers, and rescued by the crews of said vessels. AU which is respectfully submitted, by (Signed) OLIVER WOLCOTT, Secretary of the Treasury. Treasury Department, April 14, 1800. -* r^ 'it rci^^^'v'' W-' liv \ • 29 Additional articles proposed to be added to the Treaty of Amity t Commer ,, and Navigationy concluded at London f on the \9th day of November ^ 1794, and to form a part of said Treaty. 1. It is agreed that no refuge or protection shall be afforded to the officers, marines, or other persons, be- ing part of the crews of the vesselsof the respective na- tions, who shall hereafter desert from the same ; but that on the contrary, all such deserters shall be deliver- ed up on demand, to the commanders of the vessels from which they shall have deserted, or to the com- manding officers of the ships of war of the respective nations, or such other persons as may be duly author!- sed to make requisition in that behalf : provided^ that proof be madejvithin two years after the time of de- sertion by an exhibition of the shipping paper, or con- tract, or authenticated copies thereof, or by other satis- fectory evidence, that the deserters so demanded were actually part of the crews of the vessels in question. 2. With a view to tHc more effectual execution of the foregoing article, the commanders of the vessels from which such desertions shall take place, and the consuls and vice-consuls of His Britannic Majesty and the United States, respectively, may cause to be arrested all persons who shall desert from the vessels of the respective nations as aforesaid ; and for this pur- lioac Ae said commanders, consuls, and vice-consuls, '-:■)■ ff - I I* Vt ;.i A.;,^,. t,. tf B! i ■i i \ I riiuil apply to the courts, judges» atid oflieeni eompe- tent, and shall demand the said deserters in writing, and produce proofs of their desertion, as aforesaid ; and on such demand and satisfactory i»oof as afore- said, the delivery shall be made. And there shall b^ r,lven all aid and assistance to the said consuls aind vice.consuls for the search, seizure, and arrest of- the said deserters, Avho, if it be lequested^alibekept and detained in the prisons of the country, at the ex- pence of those who demand them as aforesaid, untU ihey can be put on board their own or other vessels df their own nation, or to be otherwise sent back to their own country : provided^ that- if this be not done \vithin three months from the day of thrir anest, su(^ deserters sliall beset at liberty, and not again be anreat- cd for the same cause. 3. It is further agreed, that no refuge or protection bhiill be afforded by either of the contracting parties, to any person who shall hereafter desert from the mili- tai'y land service of the other ; but that, on the contra- r3', the most effectual measures shall be taken, in like manner and on like conditions as widi respect to sai- lors, to apprelicnd any such deserters from the land service, and to deliver them to the commanding ojfi- CLTs of the military posts, forts, or garrisons, from which they shall have deserted, or to die consuls or vice-consuls on either side, or tosuch other personsas may Ix; duly authorised to demand their restitution. - 31 4. It b, however, understood, that nothing in the fdxegoing stipulations shall be construed to empower the civil, or any other officers, of either party, forcibly to enter the forts, posts, or any other place within or under the j unsdiction of the other party ; nor to em- power the naval commanders or other officers, of either party, fordbly to enter any public or private vessel of the other par^, on the high seas, with a view to com- pel the delivery of any person whatever : on the con- trary, it is expressly declared to be the understanding of thecmitractingpQrties, that themutualrestitutions of persons claimed as deserters shall only be made by the firee and voluntaiy consent of the military officers ei9ployed in the land service, or the commanders of the public or private Mps or vessels of the two par. ties ; or in pursuance of the decisions of the courts, judges, or other competent civil officers of the two na- tions, in sU cases arising within thdr respective jurisr dicdons. (Signed) OLIVER WOLCOTT. The Secretary of War respectfully submits the fol- lowing observations, in obedience to the direction of the President of the United States. The Secretary very much doubts the soundness of the principle, upon which a refusal to deliver up mer ! ,3>ai I I'. ! V, ' \ ^ * ■ 11 ^1 i. f -I' i1 /I* i 1 1 ' « ' . cliant vessels captured by a belligerent power b found, cd. It appears to the Secretary, considering the question upon general ground, that merchant vessels belonging to a neutral nation, seized by a belligerent power on the high sea, for violating the laws of neu- trality, cannot, agreeably to the law of nations, be rightfully retaken by a vessel of the neutral power, nor, if retaken and brought into a port of the neutral nation^ rightfully withheld by that nation from the captors. It results from this principle, that a vessel or its cargo being prize or no prize ciinnot be right- fully determined in other tribunals than those of the nation exercising the right of capture, the right to try in the appropriate courts of the country of the captor^. following the right to capture. It may be asked, is tlie right which a belligerent power acquires to the property of its enemy, seized in a neutral vessel, full and perfect ? To this it may be answered, that the right thus acquired is full and perfect as relative to exempting it from capture by any neutral vessel. For, if the merchant vessel which con- tains the property may, after its being seized or pos- sessed by the belligerent power, use yorf^ to recov- er it, so may every other merchant vessel belqnging to the neutral nation. Further, if the crews of the neutral vessels may recapture, it would seem that our vessels of Avar could also recapture, the contrarj- ■ 33 Xvhertot is to be collected from the statute which au- thorises recaptures of our vessels taken by the French. But the state of neutrality does not permit a neutral power to espouse, in any manner whatever, either side, or to prefer one to the other belligerent party. It is the indispensable duty of neutrals, " Bello sc Boninterponant." . To recapture theproperty of either from the other, is a clear meddling in the war, and direct violation of every principle of neutrality. If the property in a neutral vessel was enemy^s property y or contraband of war, the belligerent ves- ael having once made prize of ity has a clear right to it, of which the crew of the neutral vessel cannot di- vest her by recapture. To the Secretary it appears a 60und position, that neutral nations ought to regard the parties at war as lawful proprietors of all that they take from each other; consequently, it cannot be right for the citizens of a neutral nation to interfere to rescue from one of the belligerent powers property which he had taken belonging to the other. A neu- tral vessel loads with enemy's goods at a known risk, that of their being subject to capture, and under the obligation only to use all due endeavours to avoid an enemy or capture. Here the obligation of the neutral ends, for slie is not permitted, if taken, to recover the goods bv recapture, the nation only to whose citizens • n if' ill m Mi^m .SFk •*»* 54 k 4*1 ■t^j vf* or subjects they belonged (or the parties at war with the captors*) possessing that right. By tlic h»\v of nations, a neutral vessel met at sea is liable to be seized by a vessel of war, as the casc> may be, of either of the belligerent powers. This law gives the additional right, if the belligerent vessel is not satisfied with his search to carry the neutral vessel into the country of the captors^ there to be examined, tried, and condemned (if she has vi- olated the neutrality) in its courts, established for the enquiry into the subject, and to compel by force the neutral to submit to search, and also to be carried in- to the country of the captors. If such ships shall be attacked, in order to an ex- amination, and shall refuse, they may be assaulted like a house supposed to have thieves or pirates in it, refuses to yield up their persons, may be broken up by the officer, and the persons resisters may be slain. — Malloy de Jure Mar. et Nav. 1. 1, c. 3, s. xiii. It also appears to the Secretary, that if a neutral ves- sel found at sea refuses, and resists by force^ to be searched, she, for such conduct, is liable to be con- demned as lawful prize. If the law of nations gives a right to search^ it cannot allow a right to resist a search by force. The two rights cannot exist. They are perfectly inconsistent. If iht first is lawful, the latter must be unlawful; consequently, liable to if ■»: 35 some puniblimeut, or the right would be nugatorj'. If the law of nations gives also a right to carry the neu- tral vessel into the country of the captor's courts, this right also cannot be resisted or opposed by force with- out violating the law. It would seem to the Secreta- ry, that the persons who resist the search by force, or resist or prevent by force the neutral vessel being car. ried into the captor's country for trial, must by such conduct be guilty of a breach of the law of nations, und if so, they must be liable to some punishment; and if the nation to which they belong does not punish tiiem, on application to that effect, it thereby becomes a party to the wrong. The Secretary cannot think ihat either the right of search, or of carrying the neu- ti al into the country of the captors, is founded on SU' periority qf/orce^ but on the law of nations. This opinion the Secretary rests upon Vattel, 1. 3. c. 7. s. cxiv.. ; Martin's Law of Nations, N. 323. ; Lee on Captures ; the Report on the Silesia Loan, 8ce. The Secretary, however, cannot venture to disap. prove of the answer proposed to be given by the Secre- tary of State. He does not know of any precedent of a neutral nation exerting its power in any similar case of recapture in aid of the right of the belligerent power, but, unquestionably, there is reason so to do, if the idea he has presented of the law of nations is accurate. He thinks it probable also, without pretending to bo ^1 i •I r '. m^ S6 f' positive, that instances of recapture like the present are few. ... In some future time, America may stand in rela- tion to other powers as Great Britain stands at this time, and may wish to make the same claim that she ' ' does now. The Secretary greatly doubts, but with great deference, whether the cases in question, of re- captures, are cognizable before our courts of justice ; the subject seems rather to belong to the Executive, o Peculiar caution may be proper, for fear at some fu- ' ture period our proceeding may be urged against us to bur detriment. If it appears necessary to reconsider the subject, the Secretary would beg leave to suggest the propriety of adding, that as there isno provision by treaty, or opposite law of the United States on the subject, it might be advisable to make some stipula- tions by treaty. The Secretary.is inclined to believe, that, if any, there is not sufficient remedy for the delivery of deser- ters from British vessels. He has imderstood that some of our courts had determined, that the law of Congress concerning seamen relates to American sea- men only. The claim for British seamen who have or may desert, is just, and ought to be reciprocal. The secretary thinks the project of Mr. Liston may be substantially accepted, except the seventh article, which seems to .provide that the United States shall d-^ ..,-^- ■^■"fe. ' I w 37 not demand the delivery of Qny sailors, although their uitizens, if they have \)ccn employed on British ves- sels, and who have, in time of war or threatened hos- tilitieSf voluntary entered into the British service, or have been compelled to enter therein, according to the law and practice prevailing in Great Bi itain. This article is very inaccurately expressed i for it says, *' employed or entered into the service of their own sovereign or nation, or compelled to enter therein," &c. If this article means what it is apprehended it does, it is wholly inadmissible. It establishes a principle reprobated by this country. The counter- projeotof the Secretary of State, in substance, meets the Secretary's approbation : but it is submitted, whetlier the adoption of part of the draught by the Se- cretary of the Treasury will not improve it. All which is respectfully submitted. (Signed) JAMES M'HENRY. rrar Department, April 19, 1800. , ^ I % ' Mr. Stoddert, Secretary of the Navy, to the President. • The Secretary of the Navy, in obedience to the or- der of the President, respectfully submits the follow- ing observations, on the matters of reference to the Heads of Departments. ' ' The proposed letter of the Secretary of state in aiv f) m .^ 4.- hWtrtoMr. Liston's notes ofthc2clancl4th February, demanding tlie restitution of American vessels captur- ed by British ships, and rescued by their own crews, appears to tlie Secretary of tlie Navy entirely proper. He believes the demand is neither sanctioned by pre- cedent, nor the law of nations. Should it be other- wise, Mr. Listen, as invited by the Secretary of State, will shew it. Mr. Liston's project of an article on the subject of deserters, secures to his nation every thing it could require, but affords no security to the United States in a point of equal interest with them, that their mer- chant vessels will not be interrupted on the high seas, in order to impress from them their crews, under pre- tence of being deserters. It is certainly just that the United States should af- ford to Great Britain all the reasonable security they have a right to expect from a friendly nation, against the loss of tlicir seamen — a loss of all others tlie most serious, to a nation depending on maritime strength for its power — perhaps for its safety. But it is equal- ly just that the United States sould be secured against the impressment of their seamen on the high seas, and the interruption of their merchant vessels. The pro- ject of the Secretary of the Treasury meets the full ap- probation of the Secretary of the Na\'y : It seems to comprehend every thing that ought to be required on \ -It .k- either side. But it is so desirable to have a right un- derstanding on a subject so likely to produce ill-blood, that rather than not agree, the Secretary of the Navy thinks tlie word herf;after, u positively insisted on, may be struck out of that project — and submits, whether for the sake of accommodation, the limitation of time in which deserters may be claimed, if stremi- ously urged by Mr. Listony may not be extended to three years the Secretary is clearly of opinion, that it is better to have noaraelo,and to meet all conse. i ■:'f^9^-'\..~'^'^^' \r ,^. ' i>^' 42 That a neutral nation should be required to exert its power in aid of the right of detaining and searching its own ships, which belligerents are allowed to exer- cise, is believed to be without precedent. If ever a restitution of neutral ships, detained and rescued un- der similar circumstances, has been claimed by the sovereign of a belligerent nation from the government of a neutral nation, the case is unknown to me. Such a claim is believed never to have been made, or if made, never granted. Whatever right the British captors have (if any tliey have) to the possession of the American ships, isofh nature cognizable before the tribunals of justice, which are open to hear their complaints. For these reasons, the President is advised to abstain from any act for the restitution of the ships, and that the British Minister be informed that this part of the claim cannot be complied with. ■" " , " r •' -' , <-,.. ... ' . . *;, The British Seamen. v_ - In demanding the British seamen who were brought in the repossessed vesseb of the United States, I see nothing improper or unreasonable. These may be apprehended by warrant, to be issued by any justice of the peace, upon due proof, in those states where the state laws have so provided ; and being apprehended, may be delivered to the master, or other person duly auther ist4 to receive them . The act of Gengress con - ,*•-»»■ t- - ■^•-^■■yA^fi^.-^ ■/-■ i^:«p-^# •<*-)h »^' 43 ^ • cerning seamen is believed to be confined to Ameri- can seamen only, and consequently will afford no aid or remedy in the present case ; and the remedy under the state laws may not be always found to answer the purpose. The claim of the British seamen, in the present instance, being reasonable, the Minister may be answered, that every assistance shall be g^ven for tlie recovery of them which the law of this coufitrj' ^mit and direct. ^ . J • It certainly is v\ object of particular concern to the British nation, to come to an agreement with the United States relative to deserters from the sea ser- vice, and it is not less interesting to the United States to come to an agreement with Great Britain, relative to the impressment of American seamen. The pro- ject of an article relative to deserters, as proposed by Mr. Liston, so far as I understand it, appears to be reasonable : but the 7th clause of that project is so expressed as not to be certainly understood by me, and will require to be otherwise expressed, that its meaning may not be misapprehended. If this article is associated witli another, concerning the impress- ment of American seamen, in terms satisfactory to our Government, I think it will be highly advisable to agree upon such stipulations. The one will be very agreeable to the British, and the other to the Ameri- can nation, and especially at n time when the sensibi- ; >3 i', ■5. m '■■^1 -%. f% ,■>' 44 lity of the two nations seems to be a little excited upon those subjects. A proposal of this kind I think should be made without delay to the British Minister here. - , > . :* lam, &c. &c. v, t (Signed) CHARLES LEE. To John Adams, President of the United States. The Attorney-General having read and considered the letter of the Secretary of State, and the project of an article drawn by the Secretary of the Treasury, on the subject of deserters, which are proposed to be sent to the British Minister here, expresses his entire ap- probation of the same. Jpril 30, 1800. . Extract of a letter from John Marshall, Esq. Secre- tary of State, to Rufus King, Minister Pletipoten- tiary of the United States at London, dated " Department of State, Sept. SO, 1800. " The impressment of our seamen is an injury of very serious magnitude, which deeply affects the feel- ingsand the honor of the nation. /C " This valuable class of men is composed of natives and foreigners who engage voluntarily in our service. " No right has been asserted to impress the natives of America. Yet they are impressed, they are drag- ged on board of British ships of war, with evidence of j^^ «k ^kt 45 ■' ' .- ^ . u • v.nnc\« and forced by violence there to serve unul concl^ ^^^^^^^^ , , binh c» be obtained, ^^e* ^ ^^ time, »*""« ''»^ g by compelling him to en- eUizenottheUnU«lSta«^J^y ^^^^^^^ «^ "1 " rlTi l^*™»vair«tthcird.s. the Lords of the Admiraixy . yet many ehargeo„tbeprod„o«<».o*ts-t-2>^^^„,^ ^ „ust perish unrelieved, and ^la«de Ue„.ble.imeinlavvless«.d.^r-c .^^^^^^ . " Itistheduty.asweU as the r«J^ ^^. .^ aon.tore,uire,hat — --;;^^/^,,„„„, Government to P«ven^ J^ ^^_^ ^^^^ ^ ,„^ „ such violence by .ts '«!"''•._ ,,,,0 perpetrate it. w. ,yp„nishinsandtrown.r«on^><^J P ^^^^^ The mere release of d«m^-^^^.^^^^^^^^,,^ ^...eandsuffenn J-co P^^^._^^,,^„,, S-r^Jtisivei^^onheOove. rrC^:^- nations .hicho^ht to be the friends of each other. ^ ^ ^^.^^ ,,„„„. .. Those seamen who w^ b ^^^ ^^^^^ ■•,„ have been adopted by this, "ere -^;„rBritainorsomeotherpo«.er. i,: rAl "'#■ ^^: •*■ ^ \ 40* " The light to impress those who were British sub jects has been asserted, and the right to impress those of every otlicr nation has not been disclaimed. ** Neither the one practice nor the other can be jus- tified. , > . . . -,v-* . .^ M .. " With the naturalization of foreigners, no otherna- tion c.ui ivitc'fere further than the rights of that other arc afftcted. The rights of Britain are certainly not affected by the naturidization of other than British subjects. Consequently those persons who, accord- ing to our laws, arc citizens, must be so considered by Britain, and every other power not having a con- flicting claim to the person. *' The United States, therefore, require positively that their seamen who are not British subjects, wheth- er born in America or elsewhere, shall be exempt from impressments. *' The case of British subjects, whether naturalized or not, is more questionable ; but the right even to im- press them is denied. The practice of the British Government itself, may certainly, in a controversy with that government, be relied on. The privileges it claims and exercises ought to be ceded to others. To deny this would be to deny the equality of nations, and to make it a question of power and not of right. " If the practice of the British Government may be quoted, that practice is to maintain a:id defend in [sub Ihose lerna- I other |ly not iritis!) ;cord- [idcrcd a con- 4.7 their sea service all those, of any nation, who have vo. luntarily engngcd in it, or who, according to their laws, liave become British subjects. " Alien seamen, not British subjects, engaged in our merchant service, ought to be equally exempt with citizens from impressments : we have a right to engage them, and have a right to and an interest in their persons, to the extent of the service contracted to be performed. Britain has no pretext of right to their persons or to their service. To tear them, then, from our possession, is at the same time an insult and an injury. It is an act of violence for which there exists no palliative. > ' " We know well that the difficulty of distinguish, ing between native Americans and British subjects has been used, ^\•ith respect to natives, as an apology for the injuries complained of. It is not pretended that this apology can be extended to the case of foreigners, and with respect to natives we doubt the existence of the difficulty alleged. We know well, that among that class of people who are seamen, we can readily distin< guish between a native American and a person raised to manhood in Great Britain or Ireland ; and we do not perceive any reason why the capacity of making this distinction should not be possessed in the same degree by one nation as by the other. " If, therefore, no regulation can be formed, which vl/ i -'5;^,,„-..;m .% ''^ '':^^' ^^•s li ■i 48 shall efTcctually secure all seamen on board American merchantmen, we have a right toexpect,from the jus- tice of the British Government, from its regard for tlic friendship of the United States, ajid its own honour, that it will manifest the sincerity of its wishes to re. press this oflfence, by punishing those who commit it. " We hope, however, that an agreement may be entered into satisfactory and beneficial to both parties. The article which appears to have been transmitted by my predecessor, while it satisfies this country, will probably restore to the naval scrv ice oi Britain a great, er numljer of seamen than will Ijc lost by it. Should ve even be mistaken in this calculation, yet the diflfc. rence cannot be put in competition with tlie mischief which may result from tlie irritation justly excited by this practice, throughout the United States. The ex- tent and the justice of the resentments it produces^ may be^stimated, in Britain, by inquiring what im- pressions would be made on them by similar conduct on the part of this Government. " Should we impress from the merchant service of Britain, not only Americano but ibreigners, and even British subjects, how long would such a course of in- jury unredressed be permitted to pass uiv%venged ? How long would the Government be content with un- successful remonstrance and unavailing memorials ? T believe, sir, that only the most prompt correction ■.^"^ lericaii lejus- for tlic ionour, tore, mit it. may be •artie.s. itted by ry, will a great- Should le diffc- niischiei' cited by The ex. roduces; ^hat im- conduct ervice of indeven ■seofin. ^enged? bvith un. lorials? irrection of, compensation for, tlie abuse, would be admitted as sntlsraction in such a case. " If the principles of this Government forbid it to retaliate by impressments, there is yet another mode >vhich might be resorted to : We might authorise our ships of war, thoi/feh not to impress, yet to recruit sailors on board British merchantmen. Such are the inducements to enter into our naval service, that we believe even this practice would very seriously af- iect the navigation of Britain. How, sir, would it be received by the British nation ? — ■ " Is it not more advisable to desist from, land to :akc effectual measures to preveijt, an acknowledged wrong, than by perseverance in that wrong, to excite against themselves the well founded resentments of America, and force our Government into measures ^^'hiQh may \ery possibly terminate in an open rupture. ' ' ' - - •,..■'■»-- -^^-t ' -'■«■ -. -• . « • • " No. 2. Extract of a letter frori Thomas Pinckney, Esq. to the Secretary qf StatCy dated " London, January 3, 1793. " I have only time to say, by the present opportu- nity, that their contents shall be duly attended to. I have strongly urged the adoption of equitiible regula- tions concerning seamen, and from a conference with Lord Grcnville this day, I have greater hope of a fa- G i ;/ Iff iiffli :{(« ■/.v^ra i, A'. ■ ft' t iv 50 v6Urable termination of this negociation than I hith- erto entertained. My expectations on this head are, however, only founded on wha. Lord Gvenvilk de- clares to be his own ideas of the subject at' present ; but as this buuness particularly concerns another de- partment* nothing conclunve can be relied on from a declaration thus expressly confined.' » Mxtraetftf a Letter from Thwnas Pinckney^ Esq. to tht Secretary qf State^ dated " LonaoB. MaT(^ IS, 1793. ,\ ** Our tnit continues subgect to great inconve- iiknce, both from our seamen being impressed froni the liea of their being Britiih jubjects, ^ ftom iMr entering vduatarily on board of the Kiag*a ahip^ tempted by the present hig^bouoftaes. IhyvcMfrT* quent convenations on this subgect with I^ofd Gccn- ville, who always expresses himself to be sensible of the inconvenience to wluch we are sutgected, and de- sirous to iqq;>Iy a remedy; but still nothing decisive is done. Our Consuls are permitt^ to protect irom unpvnsment such of our seamen as are natives of America* but no others ; and the daficulty of deter- mining by agreement who beades natives are to he conudered as citizens of the United States, will, I fear, during thf preaoit generation at least, remain an ob- stacle tq every other plan than ths.t of letting the vcs- 51 sel protect a given number of men, according to \/0 tonnage. I insist upon the terms of our act of Con* 9KS8 a« the rule of discrimination, and shew that in pcnnt of time it accords with an act of their own^ re- ladng to seamen. I send herewith a transcript of a Kprewntation I made on the subject of British offi- cers detuning deserters from our vessels, under pre- tence of their being Englishmen, and extorting the payment of their wages : on this last sutgect a ques- tion is now depending in the Court of Admiralty ; the former remains without an answer from the Lords Commisnoners of that department. Lord GrenviUp having said that he wished me to have some conver- sation with JVfr. Bond, 00 account of his being patd- cuWly well acquainted with this sutgect, I told his Lordship I had no objection to conversing with any person aiq)ointed by him on, this subgect. In a few days I received the enclosed note from Mr. Bond, to whidi I sent the answer araiexed, in order to produce an ex'planation, whereby neither more not less than the proper degree of importance might be attached to the conference. Mr. Bond came : he said he had no GommV ionto treat on die subject: we therefore agreed tfiat it was to be considered altogether as an informal conversation. Wediscoursed at length'upon the sub. ject, but I do not find that we are nearer coming to a conclusion on the business than wc were before. He BAiOinamrri ■ « 'i». \ ^ 6k appeared not to be prepared for the extent of the reciprocity which I contended should form the basis and pervade the whole of the transaction ; fot when he urged the point of our seamen, or at least their cap- tain in their behalf, being furnished with testimonials of their being Americans before they left our ports, I told him the inconveniences arising from this proce- dure would be equally felt by both nations ; for that we should expect their seamen to be furnished with similar testimonials, when they came to our ports, to those they expected our manners would bring to theirs ; he asked in what instance it would become necessary, (alluding, I presume, to our not beuig in the habit of impressing) ; I answered, that unless we could come to some accommodation which might in- sure our seamen against this oppression, measures would be taken to cause the inconvenience to be equally felt on both sides. I have not since seen Mr. Bond, but find he is ordered out to America with the title of Consul-General for the middle and southern states. >» JSxtract of a Note from Mr. Jay^ Envqif Extraor- dinary and Minister Plenipotentiary of the United States at London, to Lord Grenville, Secretary of Foreign Affairs, dated " London, July 30, 1794. " The undersigned finds it also to be his duty to represent, that the irregularities before mentioned ex- » *• 1*^' imdtnuuM-^mmmttistmHmtt * » t 34 1 •^■i 'k Maxwd], an American citizen, impressed and d*;- tainedon board His Majesty's ship Sandwich, the mson assigned against his discharge is, " that he is aoarried and settled at Bristol i ' * and I understand that theorders of the Lords Commissioners of the Admiral, ty for tiie discliarge of American seamen usually coo» tain a proviso, that the diachaige is not to operate in finror of any person who has entered on board of any of His Majesty's ships, or who is married en- settled 'widiin any of His Majesty's dominions. Without ajimitting, or contesting, on this occasif)n, the rule of English law, that a subject cannot divest himsdf of his natural allegiance, I take the liberty to request your Lordship's attention to the diveruty of practice, so much to the disadvantage of the A.ma*ican citiaens, that prevails in the application of this rule. ** If Great Britain requires the acquiescence of fo- seign nations in this law, so f^ as regards the requi^* tkn of her subjects married and settled abroad, or vo« luntarily engaged in fc^eign service, is she not bound to observe it in like manner herself, in respect to the subjects of foreign powers, under similar circunistan>- ces, in her service or within |ier dominions ? If to the demand of a foreigner in her service by the nation to which he belongs, Great Britain answers, dnt sueh foreigner cannot be delivered, because he has volunta- rily engaged to serve His Majesty, or - is married or .»-■ ,T 'S A W settled w!thin His Majesty's doifiinions, is she not bound by her own principles to ndmit the validity of the same answer from such fcMcign tiation, when ^ requires the surrender of British subjects found in a similar predicament in the service or within the tenitor ry of such foreign nation ? Justice, which is always impartial, furnishes the prapef ans\Ver to these ques- tions. " Admitthig, then, that the voluntary contract f^ in American citizen to serve on board a British ship, 6r the marriage or settlement of such citizen witlun His Majesty^s dominions, is the foundation of aright in His Majesty's Government to refu^ the requisitioa of the United ^ ^xtes of America, that such citizen ^ould be disc^ . ^ from His Msgesty's service, do we not thereby estabG^ a principle that at once con- denuis and puts an end to the practice of His Majesty's naval officers, in entering American ships, in search (rfand for die purpose of impressing British seanwn, since all seamen found on board such ^ips vote there of choice, and by voluntary contract to serve in the American employ? ^ ; ' " But if neidier (rf* these circumstlinces can be cbn- sidered as justly giving a right to His Majesty's Go- vernment torefuae the discharge of American citizens, does it notgesult that the usual proviso connected with the ofthrs for the discharge uf such (^tizens, and -4- # ,■<.. 1 I -♦ ■! I h ■ u*' \ ■A «l '**•.* -■? m which is assigned as a reason against the discharge of Jno. Maxwell, is without any just foundation, and consequently operates to the disadvantage and iiyurj" of the American citizens." , 'J^'^ >,!' JExtract of a Letter from Rufua King^ Esq. to the ? Secretary of State, dated " London, April 13, 1797. "SEAMEN. ** It was before my arri\al that Lord Grenville had expressed to Mr. Pinckney a dissatisfaction with the practice of griintiug protections to American seamen by our Consuls. " Before I received your opinion on this subject, Lord Grenville had ^vritten me a letter, in which this branch of the consular power is denied, and notice given to us that the practice must be discontinued. A copy of this letter, and of mine transmitting it to our several Consuls, I had the honour to send you with my letter of the 10th of December. Previous to the communication of this resulution of the British Go- vernment, it had been notified to Mr. Pinckney, that all applications for the discharge of American seamen impressed into the British service, must in future come through the American Minister, instead of com- ing from the American Consuls, as had been custe- A. '• ff.^- ^mmk*. if inaiy. One consequence of this regulation has been, that the subject in all its details has come under my observation, and its importance, I confess, is much greater than I had supposed it. Instead of a few, and those in many instances equivocal cases, I have, since the month of July past made application for the dis- charge from British men of war of 271 seamen, who, .stating themselves to be Americans, have claimed my interference. Of this number, 86 have been ordered by the Admiralty to be discharged ; 37 more have been detained as British subjects, or as American volun- teers, or for want of proof that they are Americans ; and to my applications for the discharge of the re- maining 148, I have received no answer ; the ships onboard of which these seamen were detained, having, in many instances, sailed before an examination was made in consequence of my applications. ^' It is certain, tliat some of those who have applied to me are not American citizens, but the exceptions ;u?e,in my opinion, few, and the evidence, exclusive of certificates, has been such as, in most cases, to satisfy me, that the applicants were real Americans, who have been forced into the British service, and who, with singular constancy, have generally persevered in refu- sing pay and bounty, though in some instances they have been in service more than two years. As the applications for my aid seemed to increase, after the H I \ I; / r r i ' 58 suspension of the consular power to grant protections (owing to the expoiied situation of our seamen in con- sequence of the denial of this power) I judged it advi- sable, though I saw little prospect of any permanent agreement, to attempt to obtain the consent of this Go- vernment, that under certain regulations our Consuls should again be authorised to grant certificates of ci- tizenship to our seamen. My letter to Lord Gren- ville, and his answer, you have inclosed. *' I likewise send you the copy of another letter, to which I have received no answer, that I wrote to Lord Grenville in order to expose the inconsistency with the laws and principles of British allegiance of a rule by which acknowledged Americans are detsuned in thr British service." .'.• (?'.jittf!,J-?"j 59 1 Extract of a Letteifrom Rufus King^ Esq. Minis' ter Plenipotentiary of the United Statesy to the Se- cretary of State^ dated " London, March 15, 1799. " IMPRESSING OF SEAMEN. ^" I then mentioned our dissatisfaction with the con- tinuation of the practice of tak*. 'c; r four ships, /met on the main ocean, such oi iueir crt.v ^ as did not possess certificates of American citizenship ; denying, as I had often done, in former conferences upon the same subject, any right on the part of Great Britain upon which the practice could be founded ; and sug. gesting that our ships of war, by permission of our Government, might with equal right pivsue the same practice towards their merchantmen. " That not only seamen who spoke the English lan- guage, and who were evidently English or American subjects, but also all Danish, Swedish, and other fo- reign seamen, who could not receive American pro- tections, were indiscriminately taken from their vo- limtary service in our neutral employ, and f(»'ced into the war m the naval service of Great Britain. " That on this subject we had again and again offer- ed to concur in a convention, which we thought prac- ticable to be formed, and which should settle these questions in a manner that would be safe for England, and satisfactory to us. f ■\ » % i *^ 60 " That to decline such convention, and to persist in a practice which we were persuaded could not be vin- dicated, especially to the extent to which it was car- ried, seemed less equitable and moderate than we thought we had a right to expect. " Lord Grenville stated no precise principle upon which he supposed this practice could be justified, and the conversation upon this point, like many others upon the same subject, ended without a pros- pect of satisfaction. The French and Spaniards, and every other nation, might pursue the same conduct as rightfully as Great Britain does. With respect to fo- reign seamen in our employ, this government has, if I recollect, yielded the point, though their officers continue the practice. We are assured that all Ame- ricans shall be discharged or ipplication for that pur- pose, and that orders to this 'ect have been given to their naval commanders ; but this is far short of satis, faction—- indeed, to acquiesce in it, is to give up the right." '*^- Extract qfa Letter from Mr. King to the Secretary of State^ dated " London, Feb. 25, 1801. " The progress which had been made in our nego- ciation with this government, was such as must have brought it to a speedy conclusion, had not a change ^t-> i..»_i>' ,^'~-i'=i, ^>t_ .->■■»' ■ \ rsist in be vin- ras car- lan we e upon iistified, many a pros- rds, and iduct as :ct to fo- il has, if • officers ill Ame- that pur. given to t of satis. e up the iecretary 35, 1801. >urnego. ust have a chang«" 61 taken place in the department of foreign aifairs : that the result would, in the main, have been satisfa'^tory, is m(x% than I am authorised to say, though I flattered myself with the hope that, it would be so. Lord Hawkesbury assures me that he will give to the seve- ral subjects, which have been pretty fully discussed, an early and impartial consideration ; and I am in hopes that Lord St. Vincent will likewise be inclined to attend to our reiterated remonstrances against the impressment of our seamen, and the vexations of our trade." Extract of a Letter from Rufus King^ Esq. to the Secretary of State. " New York, July. 1803. " Sir, — I take the liberty to add a few miscella- neous articles, by way of supplement to my last dis- patch. " AMERICAN SEAMEN. " As soon as the war appeared to me unavoidable, I thought it advisable to renew the attempt to form an arrangement with the British Government for the pro- tection of our seamen. With this view, I had seve- ral conferences, both with Lord Hawkesbury and Mr. Addington, who avowM a sincere disposition to do whatever might be in their power to prevent the dissa- tisfaction on this subject that had so frequently njani- A^ •' K 62 '¥:' fcstcJ itscll iluring tlie late war : with very candid • professions, I however found several objections, in discussing the project with the First Lord of the Ad« miralty. Lord Hawkesbuiy having promised to sign any agi-eement upon the subject that I should conclude %vith Lord St. Vincent, I endeavoured to qualify and remove the objections he offered to our project, and finally, the day before I left London, Lord St Vincent consented to the following regulations : " L No seaman nor seafiuing person ; hall, upon tlie high seas, and without the jurisdiction of either pai'ty, be demanded or taken out of any ship or vessel belonging to the citizens, or subjects of one of the par- ties, by the i)ublic or private armed ships or men of war belonging to or in the service of the other party : and strict orders shall be given for the due observance of this engagement. " 2. Each piirly will prohibit its citizens or sub- jects from clandestinely concealing or carrying away from the territories or colonial possessions of the other, any seaman belonging to such other patty. "3. These regulations shall be in force for five years, and no longer. " On parting with his Lordship, I engaged to draw up, in t!ic form of a convention, and send him these articles, in the course of the evening, who promised to forward them, v/lih l:is approbation, to Lord '4. -^^m&ifh L»j»iJ'- frrrjc it i^j^ i .- ii ^ 63 Hawkcsbuiy: I accordingly prepared and^iteut the draft to his Lordship, who sent me a ktfjtr in the course of the night, stating, that on further reflection he was of opinion, that the niorovv seas should be ex- pressly excepted, they having been, as his Lordship remarked, immemorially considered to be within the dominion of Great Britain ; that with this correction he had sent the proposed convention to Lord Hawkes- bury, who, his Lordship presumed, would not sign it before he should have consulted the Juds;e of the High Court of Admiralty, Sir William Scott. ** As I had supposed, from tlic tenor of my confer- ences with Lord St. Vincent, that the doctrine of the mare clausum would not be revived against us on this occasion, but that England would be content with the limited jurisdiction or dominion over the seas ad- jacent to her territories, which is assigned by the law of nations to other states, 1 was not a little disappoint- ed on receiving this communication ; and after weigh, ing Mrell the nature of the principle and the disadvan. tages of its admission, I concluded to abandon the negociation rather than to acquiesce in the doctrine it proposed to establish. "I regret not to have been able to put this business on a satisfactory footing, knowing, as I do, its very great importance to both parties ; but I flatter myself that I have not misijudged the interest of oi;f own ■J «-*.4^Vi, ,>-; ,./ V M country, in refusing to sanction a principkthiitmiglu 1)0 nn)duclivc of more cxtrnsivi" evils than tlio^ic it vas our aim to prevent." FINIS. «r #V>> ■aa*^. . »-««K^ -■•-'-' . . .* -'j * llll l ll^ ^g l)ll>l.li^ ;.rr :j ii i i teg i^ ^ '* might lose it . ^. •M*^,^-^— . .;,K»^^