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I.I ' ■ > I I *l .1 .1 1 I SELECTIONS FROM THE CORRESPONDENCE OP THOMAS BARCLAY FORMERLY BPITI8H CONSUL-GENERAL AT NEW YORK EDITED BY GEORGE LOCKIIART RIVES, M.A. LATK ASSISTANT SECRETARY OP STATE OF TUK UNITED STATES NEW YORK HARPER & BROTHERS PUBLISHERS 1894 ' ■■ fc I.I.I t. *Uy Copyright, 18D4, by Geokoe Lockhart Rivks. All rights reserved. i.") PUEFATORY NOTE I I Of the rolum'mous correspondence of Thomas Barclay only fragments now exist. He kept few of the letters ad- dressed to him, and none of a purely familiar or domestic Ixind. Copies, or sometimes rouyh drafts, of the letters he wrote ivere entered in letter-hooks, hut none of his j^apors exist of a date earlier than 1790, and there are no letter- hooks later than 1818. Nevertheless, fragmentary as the collection generally is, the records of many of his puhlic services are tolerahly complete ; and it has seemed to one of his descendants that the jointing of portions of his correspondence tvoidd not only afford some memorial of a long and honorahle career, hut might also throw new light upon certain historical events. New-York, Oct. 15, 1894. r> ■— .»- — I L. UO. '% TABLE OF CONTENTS PAGE CHAPTER I Earlier Years 1 CHAPTER II The True River St. Croix 43 CHAPTER in Consul-general, 1799-1802 95 CHAPTER IV Consul-general, 1803-1804 145 CHAPTER V Consul-general, 1804-180G 203 CHAPTER VI Consul-general, 1807-1812 252 CHAPTER VII Agent for British Prisoners 312 CHAPTER VIII The Northeast Boundary 353 CHAPTER IX Last Days 405 j CORRESPONDENCE OP THOMAS BARCLAY CHAPTER I EARLIER YEARS THOMAS Barclay was born in the city of New-York on October 12, 1753. He was an active and zeal- ous Loyalist during the Revolution, and at its close sought refuge in the Province of Nova Scotia. In 1709 he returned to New- York as British Consul-Gen- eral ; and here, with brief interruptions, he resided until his death on April 21, 1830. Nearly fifty years of his life were spent in the public service of Great Britain, and yet he was by descent and marriage, ns Avell as by birth and residence, essentially an American, and not an Englishman. He was indeed a very typical New-Yorker, of the pre-Revolutionary and loyal sort ; closely allied to the English Church, and the Royal Gov- ernment, but tracing his descent back through four gen- erations to some of the earliest settlers in the colonies. John Barclay, the first of the name in America, was a member of an ancient Scottish family, and settled about 1683 in New Jersey, whither he had been di- rected through the influence of his brother Robert, the well-known author of the "Apology for the People Hw-*- -^--■^-'- >) CORHEKPONDENCK OK THOMAS BARCLAY oallofl Quakors." Tt oamo about thus: tlio Diiko of York, dividinjjj up tho j^reat i)rovin('(' gi-autinl liim by his brothor, hud convoyod wliat is now Now frcr.scy to Sir Goor^o (-artoret and Lord Borkoloy, wliose shares were sul)soqu(>iitly jjartitionod, East Jorsoy l)eing set apart to Carteret. Carteret dying, East Jersey was sold to a coin})any of twelvi^ (Quakers, wlio subsequently as- soeiated with themselves twelve other persc^ns, mostly Scoteli; and to thes'^ twent>-t'our the Duke of York, on March 13, 108,'), nuide a new eonlirmatoi-y grant. Among the twenty-four proprietors wen^ the Earl of Perth, William Penn, and Ko])ert Barclay. Barclay was appointed by the proprietors to bo Crovernor of East Jersey ; but ho never visited the colony, admiids- tering its affairs in England. He sent out instead his younger broth(n's David and John. David came over in 1C84, returned again to Scotland, and sailing from Aberdeen the end of August, 1(185, died at sea. John had come over earlier, for ho was back in London by the end of December, 1()83, bringing letters from East Jersey. One may guess that he was tlien about twenty- five 3'ears old, for his parents were married on January 26, 1G48, and his mother died in 10(5:), leaving live chil- dren, of whom John appears to hav(> been the youngest.' By the first of August, 1(584, John Barclay was back once more in New Jersey, living at Elizabethtown, whence he removed to Plain fi(^ld, and fiiuiUy settled at Perth Amboy.'- About 1()85 he married a lady whose name alone is sufficient evid(»nce of her descent. She was Cornelia Van Schaick ■' — a member, it would soem, of the extensive Van Schaick family of Albany. 1 Gen. Acct. of tlie Barclays ol" Wliitchead's Con, to Hist, of Perth Uric. London, 1812. Aniboy, p. 42. 13 N. J. Arch., Vol. I, pp. 446, 459 ; -i Holgate's ^Viuer. Gen., p. 129. I EAHLIER YEARS ko of m by iov to Imvos ig set ,s sold ly as- iiostly York, _u;i'ant. lai'l of arclay nor of raiiii.s- 'ad his 10 over ir from John lIoii by 11 East wonty- aiiuary eliil- .iigcst.' lis back litown, tied at wlioso She lI seem, of Perth p. 1:29. Ill April, 1002, John Faiv^lay was appointed surveyor- general of East Jersey, and later on became deputy secretary and register, clerk of the council, clerk of the courts, and a member of the Provincial Assembly.' He was not in favor during Lord Cornbury's turbulent administration; and being in fact in violent opposition, was denounced in 1702 as one "of the Scotch and Quakcn- ffactions concerned sundry years in y'' divisions, (fe inc(!ndiary Parties, that has brought these Provinces into such Confusion of Governm', Injustice to y" Pro- prietors, and aversion to y" Planters and Inhabitants."" In later years, and with a change of administration, ho came to be on better terms with the colonial authori- ties; and he died in the spring of 17131, fully seventy years of age, generally respected and with the character of a good neighbor and a useful citizen.'' As we have seen, John Barclay was described as a Quaker in 1702. In point of fact he had by that time come over to the Church of England, being chiefly in- duced to that step by the influence of a very remark- able man — George Keith — who had himself been bred a Quaker, but had been united with the English Church, and, having taken orders, had been sent out to America by the Society'- for the Propagation of the Gospel. In 1718 John Barclay was named as one of the church- wardens in the charter granted for St. Peter's Church in Perth Amboy, and he contributed liberally toward the erection of the church edifice.^ Before the establishment of St. Peter's Church, ser- IN. J. Arch., Vol. II, p. 81; Vol. XIII, pp. 1200, L>'J7. 12(32, vte. ; Whitu- hetura Con. to Hist, of Perth Aui- boy, p. 42. '■i N. J. Arch., Vol. II, p. 487. '^ Smith's Hist, of N. .1., p. 424. ■iWinteheiul's Coii. to Hist. Porth Amboy, pp. 21, 211, 218; Chim-hmau's MiiR.. Vol. VIH, !).;!;")(!; Keith's .lour., in i'rot. Epis. Hist. Coll., Vol. I. CORRESPONDENCE OP THOMAS PARCU.AY vicos were oecasioiuilly held at Perth Aniboy l)y an Enfjjlish clergyman, who was expected to iniuist(;r to the whole region from Elizabetlitown to Frec^hold. The Rev. Thorowgood Mooro had attemi)ted for a while to per- form that somewhat extensive duty; but in August, 1707, his plain-speaking having offended drunken Lord Cornbury, he was thrown into prison, but escaped thence to Boston, and sailing for England, was lost at sea. Now this Mr. Moore, before coming to Pertli Ani- boy, had been a missionary at Albany and among the Indians, and we may well suppose that he did not fail, when he found a likely young man with a vocation for the ministry, to urge the noble work that might be done on the wild frontier about the head watei's of the Hud- son River. Whether Mr. Moore did, indeed, lind such a young man at Perth Amboy, and whether he did in- fluence the course of his career, must remain a conjec- ture ; but certain it is that Thomas Barclay, a son of John Barclay, went early in the eighteenth century to England, took orders, and was in due time sent, in his turn, by the Society for the Propagation of the Gospel, as missionary at Albany and among the Indians. He seems to have reached Albany in 1707, or 1708, and there we find him zealously laboring in September, 1710. ' He had been there for some months, catechiz- ing the youth, teaching Dutch children to make their responses in the English tongue, marrying and l)aptiz- ing in the absence of a Dutch minister, performing the Church of England services both in English and Dutch, shunning all controversies, and preaching once a month at Schenectady — "a village situated upon a pleasant river" — where there were about sixteen English and 1 Doe. Hist, of N. ¥., V Til. p. r)4(). See, also, Hill's Hist, of tlie Church in liurliugtoii, N. J., pp. 04-90. EARLIER YEARS y an the Rev. I 1)01'- igiist, Lord t',ax)ed ost at 1 Am- lo; the )t fail, on for e done i Hud- l such did in- 3onjec- son of tury to in his -ospel, . He )H, and ember, techiz- e their ] laptiz- in^- the Dutch, month leasant sh and G4-90. QUO hundred Dutcli families; in short, a very busy, earnest, sensible youni? man. "More of the Dutch," he writes, " would accept my ministry Imt that Mr. Do Bois, minister of tlu^ Dutch Conc^rccjation of New- York, comes sometimes to Albany. He is a hot man, and .an enemy to our Church, but a friend to his purse, for he has larjife contributions from this place." There was at that time no ministm* of any church north of New- York but Ml'. Barclay, for the former Dutch ministers at Albany and Schenectady had died or moved away. The Dut(!]i had converted some thirty Indians, who were comtnunicants, "but so iromised to defend, the (piiet missionary in the valley of the Mohawk found that his dreams of hidian reformation and vii'tue wei'o over. The Indians of the Six Natin4, lie di'partiMl tliis life, hc- lovod and rcspoctcd, h^uvin;^ his wife a'ld four children survivin*^. "Last iMonday'inorninu:," says tlic Nrir-)'(n'/: Mrr- rnrff, of Auj^ust *J;{, 17(14, "hctwcon three and foui' o' (Hock, departed this Life, in tiie 511(1 Year of his Aj'c, th(i rev "end Honry Baiclay, D. I). Kector of Trinity Ohurcli; i!i tliisCJity, and on the TuL'S(hiy foHowinj;", his Remains, atteno upon HoiiK' "f tlu« iiriiH'ijml clergy in thoH(^ I'lirts, the Archbishop prefers his recpiest that that conipliineiit bo paid to Mr. liarday, and continues: " It appears from the journals of tlie Society for the Propagation of the tSospel, that Mr. Harday is the Hon of a Missionary of that Society to the Indians on the frontiers of New York ; that he was educated under Dr. Johnson at Now Haven College; that in 173') ho was appointed by the Society (Jatechist to tiio Mohock In- dians, and in 1737 ordained priest, and settled as a missionary among them ; on which occasions the fulles' testimonials were given in his favt by persons of the first rank and char- acter, Clergy & Laity ; that having learnt the language of these Indians, he preached to them in it with such success as to form out of them a Cliristian Congregation of ijOO i»er- sons, (il of wlioni, in all appearance were worthy (/onimunicants; that he continued in tliis station till the year 174;"), when the French Indians, fall- ing on the Mohocks, obliged him to retire f-ir the safety of his pi'rson ; that in 1 74(i he was chosen Kectov of Trinity Church, vacant by the death of Mr. Commissary Vesey, and hatli continued there ever since. Dr. Johnson saith further, that he is a prudent and laborious man, iin ac- complished divine and an I'.xcellent preaciier." On January 120, 17G1, the Archbishop writes to Dr. Johnson an- nouncing that the degree had been unanimously conferred on Mr. liar- clay, and offering his congratulations on this well-deserved compliment. Dr. Johnson was then President of King's College. See Doc. Rel. Col. Hist. N. Y., Vol. VII, pp. 451, 4r)4. i f 12 ■""ORRRSrONDENrK OK THOMAS HARCLAY enco, \Yho wore oxtroinoly affoctcd witli tlio pathetic an; and tho rosicbio of his estate lio jjjives, one-third to his wife and the other two-thirds to be equally di- vided among" his four surviving chihb'on. Tie apjunnts as his executors his wife Mary Barclay, his brother Andrew Barclay, liis brother-in-law Leonard Lispen- ard, and his friend David Clarkson. Thomas Barclay was not quite eleven years old when that moving funeral sermon was preached before the " prodigious large Audience," and the legacy of books in English came to rim. No record remains to show what store he set by his books, or liow he was taught, or where lie went to school. One may easily picture him growing up in tho little provincial town in the early days when George i\u) Third was King; and one likes to think of his widowed mother encouraging him in a constant spirit of loyalty to his father's memory, and to the church and state of which his father had been in a manner the otHcial representative. No doubt the boy, with the profound and assured conviction of youth, believed his father to have been the finest preacher in all the colonies, the Church of England the embodiment of all spiritual truth, the young King the ablest and best of rulers, and the system of govei-n- ment administered by Cadwallader Golden the perfec- tion of human reason. One form of education was certaiidy not lacking. The divine right of kings and the rights of the people must have been debated in every boy's hearing often enough in the stirring days when the J' EAHLIER YRARS 13 c and [o ho,- ^111 as; to his -third Hy (li- JKUlliS rothor lispen- l wlien >re tho books > show taug:ht, picture in the lid one ng him oniory, or had doubt tion of finest uid the ling the [vovern- l>orfec- >n was Liid the every lien the 4 Stamp Act Congress was sitting in New-York, and tho province was pointing the way to independence. In 17()S Thomas liarchiy, not (juite fifteen years old, was entered at King's College. His father, his uncle Leonard Lispenard, and his father's friend David Clackson v ere among the original governors of the college. Tlie two latter were still sitting in the board, and ijispenard was its treasnrei'. !)r„ IVIyies Cooper, late a fellow of Queen's College, Oxford — a jolly, con- vivial gentleman, and an eager supporter of the royal authority — was president; Dr. Clossy, of Dublin, and ]\Ir. llarpur, from (Uasgow, composed the remainder' of the faculty; but the classes were small as yet, and the instrnctors were thus "enabled to extend theii- plan of education almost as diffusely as any college in Europe." Diffuse was indeed the worth An ai (palling list of studies remains, drawn U]) by Dr. Cooper; and we find divinity, natural law, and Hebrew taking their place with Latin, (Jreek, and mathematics, and " whatever else of literature may tend to act'omplish the pupils as scholars and gentlemen." To judge by results, tlu^ col- lege system worktul well. The best peo])le in the place sent their sons, and the graduates were in good truth "scholars and gentlemen." Richard Harison, »Iolin Jay, Egbert Benson, Robert R. Ijivingston, ,Iohn Watts, and (louverneur Morris were among tlie most recent alumni. In the list of those who were fellow-students with Thomas Barclay we find tlu^ names of Pell, Knox, King, Ogdeii, Bogert, IMiilipse, i\uchmuty, Rob- inson, Jauncey, Nicoll, Rapelje, Troup, Renisen, juid Livingston — familiar to every student of tho local history of New-York. The college influence was of course in a direction favorable to the crown. While the College of Now Jer- •A^!" 1 .r" If 14 CORRESPONDENCE OF THOMAR BARCLAY sey was in the hands of the Presbyterians and the col- lege at New Haven was reckoned " a nurseiy of sedi- tion, of faction and of republicanism," ' King's College was under the shadow of the Church, and governed by a board which included not only the principal oflficers of the pro\ince, but such earnest Loyalists as John Watts the elder, Frederick Philipse, Oliver and James De Lancey, Charles Wai'd Apthorpe, Thomas Jones, Jacob Walton, and John Harris Cruger. Indeed, of the college graduates down to 177C a greater number were to be found in the King's troops than in the service of the Continental Congress. In the spring of 1772, when the long-threatening dis- content of the colonies was daily gathering force, when Samuel Adams was preaching sedition in Massachu- setts, and the men of Rhode Island were burning the Gdspcc, Thomas Barclay was graduated. The com- mencement was held at Trinity Cliurch on Tuesday, May 19th, in the presence of " a numerous and respect- able Audience," which included Governor Tryon and General Gage. After prayers, and "an elegant Latin Oration " by Rev. Mi*. Inglis, Mr. Ogden delivered the salutatory oration " with great propriety of Pronunci- ation and gracefulness of Gesture." The audience was next agreeably entertained by Mr. Bowden, " whose elegant Composition and animated delivery did him much Honour." Then Mr. Skene "discovered much Brilliancy of Fancy and Refined Taste " ; Mr. Winter- ton and Mr. Muirson maintained a "Forensic Dispute " ; Mr. King "gain'd much Apphiuse by an animated Latin Oration"; and Mr. Roebuck made fun of the " Bold Hypotlies<'s of Presumptuous Philosophers and the Ridiculous consequences of Confidence and Dog- 1 Jouos's Hist, of N. Y., Vol. I, p. 3. i •*f. EARLIER YEARS 15 ) col- sedi- )llege 3d by ficers John [allies Foiies, of tbe • were dee of iig dis- , when ,sachn- ug the e com- lesday, •espect- lon and Latin ed the )nunci- loe was ' whose id him [l much rVinter- pute " ; limated of the ei's and d Dog- inatism" in a manner which "occasioned much mirth." The degrees having been conforred, " the Exercises of the Day were then conchided with a very sensible Vale- dictory Oration on Sociability by Mr. Barclay, whose judicious Observations and modest Address gave him universal Approbation. The Attention," adds the hon- est reporter, " paid by the Audience and the Satisfacticm they expressed during the Course of the Exercises did much Honour to themselves, and the Speakers; and must give i^leasure to every Lover of Literature, and every true Patriot, who wishes to see the Scici.ces dissemi- nated and widely flourishing in this happy country."' Barclay made choice of the law for his profession, and it is the tradition of his family that he became a student in the office of John Jay. In due course ho was admitted to the bar — probal)ly about 1775, when he was just of age. It was not a favorabl(> time for a young lawyer to enter upon his profession. Even in the city of New- York, distant as it was from the fields of actual conflict, the laws were silenced in the clash of arms. The news of the battle of Lexington brought turmoil and confusion. The Provincial Congress met (Leonard Lispeiiard and David Clarkson among them), and began raising troops and fortifying at Kingsl)ridge and along the Hudson. Washington passed through Now- York for the eastward, sto[)ping at Lispenai'd's house. Zealous Dr. Coojier, roused at midnight and huddling on a few of his clothes, jumped from a back window of King's College to escape a party bent on shaving his head and cutting off his ears; and never stopped till he found safety in a snug living in Eng- land. Grovernor Tryon withdrew from the town and prudently took refuge upon the Asia, inan-of-war, 1 N. Y. Jour., May 28, 1772. I I. 16 CORRESPONDENCE OP THOMAS BARCLAY ff where he transacted all his business and held his coun- cils. The courts were still sitting, but no business of a civil nature was transacted in th( a. Open outbreaks occurred between the people of the town and the crews of the King's ships, and on August 24th the Asia fired upon the city. Early in September one-third of the citizens had moved away. " Every office shut up almost," wrote John Morin Hcott, " but Sam Jones's, who will work for 6/ a day and live accordingly — All Business stagnated, the City half deserted for fear of a Bombardment." ' Surely an unfavorable prospect for our young attorney. But dark as the future might seem — and it doubtless appeared darkest to those who believed most firmly in the courage and constancy of the revolted colonies — young gentlemen of Tory families were not to be fright- ened away from assuming new duties and responsibili- ties. Marrying and giving in marriage went on, al- though Montgomery and Arnold were marching into Canada, and Washington was drilling his minute- men under the elms at Cambridge. Were not ships coming across the sea to sot the world right once more 1 And so, on October 2, 1775, Thomas Barclay and Susan Do Lancey were married at West Farms, near New-York. - % ■■& 1 Lamb's Hist, of N. Y., VoL II, pp. 21-49 ; Jones's Hist, of N. Y., Vol. I, pp. 39-63. '-^ At the s.aiiie time Mrs. Barclay's sister Jane was married to John Watts, the Rocorder of New- York. The double marriage was thus an- nounced in RiviTigton's Gazetteer: "This evening were married at. Union Hill, in the borough of West- chester, New- York, John Watts, Ju- nior, Esq., recorder of New- York, to Miss Jane Do Lancey; and Thomas H. Barclay, Esq., to Miss Susanna De Lancey, daughters &f the late Pe- ter De Lancey, Est ships it once Barclay Farms, S'ew-York, 1(1 Tliomas hi Susanna jlie late Pc- luiitial beds, Vth' Iflalian [h, the bllas- los, Ilea.' " It was a singulai'ly happy union. For more than fifty years this luisl)and and wife were to live togetlier in evil fortune and in good, secure in a most earnest and constant affection. Home and land might be lost, but from early youth to extreme old age they remained true and faithful to each other. In the dark days of exile no shadow of dissension seems ever to have come between them, and their later years were prosperous a] id happy. Susan (or Susanna) De Laiicey was the fifth daughter of Peter De Lancoy, and one of eleven children. She was born September 15, 1755, and was therefore not quite twenty at the time of her niamage. Her materiuil grandfather was Cadwallader Colden, the sturdy old Scotch doctor who, as Lieutenant-Gfovernor of the province, had so long contended against Stamp xVct congresses and sullen assemblies and turbulent com- mittees of safety, and who was now living retired in his new house at Flushing. Her paternal grandfather was a Huguenot refugee of a good Norman family, who had drifted from France to Holland, from Holland to England, and from England to New- York, and had here married a Van Cortlandt of the old Dutch stock. The family is famous in the local annals of New- York as the stanchest supporter of the royal authority and the Church of England. One of Susan De Lancey's uncles — James De Lancey — had been Chief Justice of the province, and Coldeii's predecessor in the office of Lieutenant-Governor. Another uncle — Oliver De Lan- cey — was a General in the British service. A cousin — Stephen De Lancey — who had married Cornelia Bar- clay, was a Colonel in the King's troops; and their eldest son was Wellington's chief-of-staff at Waterloo, where he lost his life. One of Mrs. Barclay's brothers— James De Lancey — raised a loyal regiment in Westchester • : i 18 correspondkn(;k or tho.mas hakclay Coimty. Another James, a cousin the Lieutenant- Governor's son, was the agent for the LoyaHsts in Eng- hmd after the peace, and so lost his great estate in the heart of the city of New- York. Oliver De Lancey, the General's sou, succeeded Andre as Adjutant-General of the British forces, and died a Lieutenant-Genoral. With few exceptions, the men of the family were stren- uous in their support of British authority to the very last, and died in exile; but one or two of them, and notably one of Mrs. Barclay's brothers, courageously refused to take arms against the country of their birth. The city of New- York, as we have seen, had so clearly become an undesirable residence for profes- sional gentlemen, that our young married couple took up their abode in Ulster County, "at the Wallkill," near Coldenham, in what is now a part of Orange County, where grandfather Colden owned large tracts of land. But Ulster was no place of repose for Tories, or even for those who were willing to bo neutral in the great contest just beginning. The committees of safety in the various (counties were not content with anything short of open and luiqualitied adherence to the Con- tinental cause, and were only too willing to find oc- casions for discovering enemies to the State. The powers of these committees were as vague as they were extensive, and were often exercised harshly and un- justly. It was the common course of procedure to summon indivit' land ])ordcrin^ tho Hudson River. His residence opposite West Point ac(|uired a traj^ic notoriety as the headquarters of Benedict Arnold ; aud, inde(!d, Colonel Robinson was himself actively concei'ned in events of Septcnnber, 1780. He had accompanied Andre on that disastrous journey up the river, and from the ViiItHrr, "otf Sin- sink" (Sin^ Sing), ho wrote to Washin*j;ton, recalling their early friendship, and demanding in pc^-emptory fashion Andre's immediate release. At the close of the war Colonel Robinson retii'cd to England, where he died. Tho Lieutenant-Colonel was Beverly Robinsor Jr., the Colonel's son. Ho was born in New- York in . . ');'), graduated at King's College in 1773, and returning long after tho peace, died here in 1810. As we have seen, he had married a sister of Thomas Barclay. From 1776 to the late summer of 1781 Barclay was constantly employed in active service. The long period of negotiation followed, to be terminated in the spring of 1781) by the announcement of the ratiticatioii of the provisional treaty of peace. Tho Loyalist troops were disbanded, their officers were placed on half pay, and the wave of British invasion began to recede, sweeping away in its retreat prodigious numbers of American loyalists, who were scattered to England, to Canada, to Bermuda, and to Nova Scotia, to begin life again under another sky. Tens of thousands of these un- happy people sailed away into exile during this year of 1783, and with them went Thomas Barclay, accom- panied by his wife and four little children — the eldest not seven years old. Under the act of the New-York Legislature of Octo- ber 22, 1779, he had been attainted and convicted of EARLIER YEARS 21 j tlic *oiut •s of was ubov, ,tl'OUS [ Shi- alliiig iptory of tlie (3 died, r Jr., i . ..)•>, ig long eeii, be Liiy was r peviod spviug of tlie ps were 'ay, and vv«3epiug mevicaii ICanada, 'e again liese un- yeai" of a(?com- le eldest jof Octo- Ucted of I 4 hii^li treason ; his propcu'ty was declared to be forfcnted to and vested in the peo[)le of this State; ho was for- ever banished ; and it was provided that if ho shonld be at any time found within the State, ho shouhl be de- clared guilty of felony and should suffer death without benefit of clergy. He was just thirty years old when New- York was evacuated, and except his half pay he had little left but a sturdy frani(> and a stout heart. Wi'iting nine years lat(M- to his friend Brook Watson, in London, he thus recounted his services to the Brit- ish crown : ' TO BROOK WATSON. Anniipolis, 20"' Oct^ 1702. Dear Sni: f have now some Business of my own I wish to trouble you with, and I have no doubt of sueeess sliould you tiiul yourself at liberty heartily to unite with two or three of my other friends in lOngland. It has only wanted a person of some Interest and Activity to obtain it these three years, for I am certain if the facts were known to the Minister or Lords of the treasury it would not lie denied. Of your wish to serve me from your past favors iuid Professions I can and have no doubt, — 1 have only to request if it is in the least inconvenient or militates with any other object you may have in view, you will by no means comply with my recpiest. The ai)plication I wish my friends to make is for a pension in lieu of the professioiuil Loss I stand reported for by the Am" Commissioiun-s and which my half pay by the act of Parlia- 1 Brook Will son bad a singular Ho bceame a leading merchant in and adventurous career. Ho was of London, a Member of Parliament, Jiumble origin, and had souglit his a Baronet, and Lord Mayor of Lon- fortuiu- in all parts of the world. He don. A sketch of his life will bo was for a time Commissary-General found in Nova Scotia Hist. Coll., of the British forces in America. Vol. II, p. 135. 2A I o«> COinjKSI'ONDENCE (»K THOMAS KAltCMiAY iiKMit cx(!liulcs Tiie from nM-civiii*^.' It is improper iind useless to urfjei uiiy arj^iiiiKuit a^iiinst the exception in tlui lUit of I'ur- liiiment, but it strikes lue as extremely obvious that (lentlemen who boro an active part durinj; the War and hardly earned their pay, merit some thin<^ morc^ than those drones who re- mained imietive, and were a dead weij^ht on (Jovci'nment re- (jeivin^ an allowanee of money and pi'ovision without doinjjf any thing for it. The proft^ssional C7om[)(!nsation inctludes most of tlie latter dcserii)tion and very few of the formei-. However [ neitlier could expect or would I apply for a pension wen^ there not sevei'al Instances of them, and as I conceive my- self e({ually entitled with any ofiicer who served and have as ample certificates of my behavior ami Services as can be [)enned, I deem it but Justice to my numerous family to re- quest the aid of my friends to ol)taiu that we so much want and others under similar circumstances enjoy. — I shall luime only thrtie Oentlemen who receive these })ensions altho' there are many more. Thev are (xontUnuen of familv Characttsr and every way deserving of the attention of Government. The first, Col. Cruger,- merits it also on the Score of important Services and spirited behavior. The two others, majors Vau Cortlandt'' and Bayard "* can have no claims from Service, hav- ing seen but very little if any. It is disagreeable for me to say anything on the Score of my own, but as I am writing to you what to urge in favor of my pretensions, you will not I trust look on it as proceeding from vanity or savoring of Egotism. 1 Tho caet referred to is 23 Geo. III., Cliiip. 80, passed in July, 17S3, under wlueh a board of three eoin- niisHioners was created "for enquir- ing into the respective Losses and Services of all such Person and Per- sons who have sufl'ered in their Rights, Properties and Possessions, during the late uidiappy nissentions in America, in conse(iueiK'0 of their Loyalty to His Majesty, and Attach- ment to the British Government.'' The liual statement of the commis- sioners was presented to Parliament in March, 17i)0. - Jolm Harris ('ruger, Jjieutenant- Colonel of De Laucey's First Bat talion. Best known for his brilliant defense of the fort at Ninety-Six, in South Carolina, June, 1781. ■i Philip Van Cortlandt, Major of the Third Battalion, New Jersey Volunteers. 4 Samuel Bayard, ISIajor of tho King's Orange Rangers. EARLIER YEAHS 23 si'loss f I'lir- lomou rUo re- cnt re- doing icAiides t'ovnuM-. jH'Usioii ■ivoiny- hiivc as can 1)t' iy to re- tell want nil name ho' there icter and lit. The uiportant ijofs Vai. •vice, hav- me to say lis to you ot 1 trust ' Ey-otisni. ) I'livlianieiit Lieutenant- First Bat hirt hrilliant inety-Six, in SL It, Major of >[e\v Jersey 17 In the sprinj? of the year 177(i I was di-iven from my homo hy the Amerieans and joined the Royal Army, wherein I aeted as a voliintecr diiiMn«; thf ('ampaiirii of that year.' In the besiniiin«jr of 1777 I joined Col: Uohiiison in raisiiiji: a Corps and was that Summer at the storminfj; of Forts (/linton and Monto'onuiry. My Behavior there met the approbation of Sir Henry Clinton and he pronu)t(!d mo to the Majority (»f the It(!}j:iment. At thut time I went out for him on a feio-ned llajf of truce in order to (lis(!ovei- (jleneral IMituam's & I'arson's Situation, — Sir Henry beiu}^ uppreheiisive the latter had marched to attache the Lines at Kiuys Britl^'e then very weakly defended. This I effected at the ri.s(iue of my Life, havino- been detained a day and a half on Suspicion of beiiiy; a Spy, and brought Sir lleury at V(iri)lanks Point au^reeable and |)os- itive Information. In 177H I servcul on Hoard the (Uirri/.-tforf Frif^ate with 100 of the lio'/ as Marines while the Fi-eneh fleet wore at Rhode Island and at the Hook near New Vork.-' In '79 was in C'onneetiiuit under (leneral Tryon,^ and durint;' lajor ol' the J The "sprinf^" of 177(i s(^enis to be an error. Lord Howe only roacheil Staten Island .Tiily 12, 177(), so tliat Barclay could not liiive joineil the Koyal Army before tinit time. Tie may, however, have left Ulster Coun- ty earlier and <^one to Queens Coun- ty, which was a nuich more conjienial locality. His lirst child was born at Flushin};, December 3, 1770. A week earlier, on November 27, 1770, the Committeo of Safety, sitting at Fishkill, — having before it "an in- ventory of the personal Estate late belonging to Tliomas Barclay of Ulster County," who had "some months since gone over to the enemy on Nassau Island," — ordered Wil- liam Duer to take all the hay, for- agi', and grain from Barclay's farm for the use of the army, and directed that the live stock be sold at pub- lic auction — reserving only so much as might be needed for the support of Mr. Fowler, the overseer, and his family, and the slaves on the farm. Journals Brov. Cong., Vol. I, p. 721. - Th(^ ('(irri/sfiirt was a frigate of twenty-eight guns, commaniled by ('aptain Rolxa't Fanshaw. On Au- gust IS, 177S, we read in Montre- sor's Journal that she was lying, with the ('(iniitla and the Zchra, near Flushing, and thai on the 20th "the Kegiment of New York Loyalists embarked on board the frigates at Flushing" were oi-dered to land "and take up their old ground." N. Y. Hist. Soc. Coll., ISSl, p. r)10. :< This was in July, 177!). On the night of July 4th and the morning of the r)th, 177i), Governor Tryou 24 (•DUKES PON DEN(!E OP THOMAS HARCLAY the roinaindov of tho Season (ioiiiposod ono of i\w (Jarrisoii at Vcrplauks Point (opposite Stony Point) undor L' (-ol. Wcib- ster' who (U)ninuin(l('(l fi'oni May to Aujjf', dnrinj^ wlii(^ti p«'riod T liad th(^ vMv, and coniinand r.f tlu; ri<;lit hand rt'donl)t wliich from haviiif^ it in tlic inaj^-nzino sustained th(^ whoh' of th(! cannonade and Ixnnhai'dinent of tlie Americans for foni" days from Stony Point which they had f^niined.'- About the hist of August the :yA liy Sea and Land very full and neces- sary infonmition. l<^rom that jteriod the offensive piU't of tlie War ceased — Lord Dorchester'' arriviul and yourself with him — y(ni therefore my dear Sir can say what Character I had at New York as an officer and hav«^ therefore oidy to add t''-it after the War instead of ^oin^ to Enjj^land to pro3(M-ute my claims and obtain a pensioji as many otti(!ei>; did, — I came to Nova Scotia at Loi-d Dorchester's & your rKpicst to lo(!ate the Lands for tlie provincial troops in company with Col. D. 1 This was the Corps of Provincial defeat at King's Mountain, aban- Light Infantry, made up of frag- doncd liis march to Virginia; and nuMits of Movoral Loyalist regiments, on November 22, 1780, Leslie reimi- and placed under tlio command of barked his detachment and sailed Lieutenant-Colonel Watson. Wat- for Charleston. son was an Englisliman by birth, 3 This jiffair was probably a skir- and a Captain and Lieutenant-Colo- mish between Watson's Light Lifan- nel in tho Third Foot Guards. His try and Marion. Canty's house is corps was very constantly and ac- shown on the inap prefixed to Tar- tively employed in the Carolinas. Icton's Letters, etc., and lies about He rose eventually to the rank of fifteen miles east of Nelson's Ferry General, and died in France in 1826. on tho Sautee, on tho road to George- 2 General Leslie, with about :!000 town. men, was sent by Sir Henry Clin- 4 September, 1781. ton to meet Cornwallis in Virginia 5 Lord Dorchester, better known in October, 1780. Leslie occup d in our history as Sir Guy Carleton, Portsmouth without opposition ; but arrived in New-York as Sir Henry Cornwallis, in consequence of tho Clinton's successor, in May, 1782. , 20 CORRESPONDENCfE OF THOMAS BARCLAY 1 ! I L.^ & Ed. Wiiislow.- How well wo oxecntod this trust I loave you to Speak. — Tliis T may safely add, the Province of New Brunswie owes its present existence to our exertions and rep- resentations to you. (i ! i: I. ,': y Fi'otn this detail you will ohservo T have been on actual Service and in action more or less eve./ campain from 1777 to 17HI. The copies of Certifhtates inclosed will prove liow well I served. The originals have been delivered iuto thti Treasury. If more were necessary (xcnicrals Lesli(>, Vaughn and Mathews — Cols. Watson, Small aud lialfour and all the offic(\rs of the (Juards (i;} & 04 Hegts. who served in Virginia and Carolina would cheei-fuUy certify — Lady South- ampton (who is a cousin (Jerman of Mivs. B's) has promised her Lords Good offices in my favor,'' I have given you as full a Sta+omont as I think reiiuisite. My recommendations ai'e ample. My Prescmce in the (bounty of Anna])oli8 has contrib- uted more to its impi'ovement, and retaining the Loyalists here than any other person, and the Ilenly settlement in Wil- mot ex(!eeds any now one in either {n'ovincc. Those pursuits, which dearly benefit the parent state have been the obstruc- tions to my coming over to Loudon — I conceived it a duty in- cumbent on me at T.e close of the War to attend those who had faithfully served their king and see them comfortably seth.'d — Had I gone home in 17(S3 or any subsequent yisar by my personal attendance, added to the Interest of my friends, I shoidd have procured u temporary support and a pension afterwards. In case you my fiiends should not succeed this Winter, I must cross the Atlantic and try my own ex(u-tions. I have a fainily of ten Children ami lind my half pay and prac- tice unequal to their maintenance even witli studied Kcon<)my, ' JamcH Dc Luncoy, Mrs. Bar- the Lnyiilist forces. ]Ie died in New clay's brother. Brunswick iu 1815. " Edward Wiuslow, .Jr., born in '^ Lady Woutiiauipton was the Massaciuisetts about 174r), gradu- daugliter '>!' Admiral Sir Peter War- ated at Harvard. 17G5. Ho was a ren, whose wife was Susan Do Lan- Colonel in the Kin^j's service, iid in cey, Mrs. Barclay's aunt. 17Si! was Muster-Master-tJeueral of KARIilKR YF-AWS 127 'ave rep- from [)VOV0 I into tilfour ved iw So\xtli- omiseAl as hxW >us are >ontrib- oyalists in Wil- )vars»vits, ()l)struc- duty iu- itovtably , year by t'rionds, 1 pension ■cced lAiis ;x(H"tions. and pvao- ;eouv)my, li was the rotor Wav- rtiiu Do Lau- M and when I luive made this hist Attempt I shall .set down satisfied tliut 1 have left nothing; nntried. — Copies of Certificates ichieh arroniixinied Major liiireldifs Apptiedtinn to the ritfht llou'''' the fjortl Coimiiissioiters of His Majestj/s Treasurif. I Certify, That I always considered Major Barelay of Colo- nel lieverly Robinsons Re^'inient of Provintdals as a very zealons active oflicer, and in every respecit infilled to the At- tention of (Jovernnient II: Clinton IV (Jkn'. I CV^rtify, That Thomas Barclay I'^^^q' Major to (^)lonel Robinsons R'et^i'nent of Provintuals served nnder my com- mand in Carolina, and merited mneh praise for Ids activity, conrajj^e and eondnct on eviuy occasion, llis zeal was ccpially cons} icnons in the earlier Period of the Wai", I, therefore, bejjf leave to recommend Inm Strontjly to the (\)mmissioiRn's tho' he is not here in Person to make his application. RAwnoN. London Fel/^ ^tli 175)0. I do Certify, that as Inspector Ceneral of the late Provincial Forces in North America, I liad an opportunity of beinjjf per- sonally acquainted with the Character of Major Thomas Mnv- clay of the Loyal American R(\s:iment connnanded l)y ('ohuiel Beverly Ko])inson ; and can ijfive the most ami)le Testimony of his Zeal, Spirit and Loyalty, from the earliest period of tlu' Rebellion, and of his Worth ami good Conduct as an OITicer. AiiFA' : Innes, (late) Insi)' Uen' of P. Forces. I do liei-e1)y Cc^rtify, that Major Thomas Barclay, late of Colonel Beverly Robinsons Rt'gimciut of Loyal Americans, serv(!d dnriiMj: tho War in a, vei-y distinguishtHl manner — I think his Z ,d. Bravery and good Conduct, which has l)een shown on so many occasions, give him tho fullest Claim to the r^ 28 CORRESPONDENCE OF THOMAS BARCLAY Ml ■J ': favour of Govenimcut ; I therefore beg leave to recommend him in the Strongest manner to tlie Commissioners of Ameri- can Claims, as worthy of every Indulgence that can be shown to him. Ol: De Lancey late Adju' Gen' N° Am". I do Certify, that I was intimately aaquainted with Major Thomas Barclay, late of the Province of New York, many Years before the Late dissensions in America. That he was bred to the Profession of the Law, and had entered into the practice of that Profession before the Troubles began. — That he purchased an Estate in the County of Ulster on which he was Settled, was very much, respected by all Ranks of People, and had as fair and promising prospects of success as any young Gentleman in His Lino of Business. That he took an early and activ^e part in the cause of Great Britain, by opposing the proceedings of the Americans, for which reason he became so obnoxious to the Leaders in Rebel- lion, that he was obliged to quit his Estate and business, and fly to the Kings Army in the Latter part of the year 1776. That in March 1777, He joined the Loyal American Regi- ment as Captain, and by his great exertions and activity was very serviceable in raising that Corps, in which he served as Captain till the Month of October following, when he was for his Bravery and good Conduct at the Attack and taking of Fort Montgomery on the Hudson River, and for other essen- tial Services, during that Expedition, Promoted to the Rank of Major in the Sd Regiment; That he continued with the Regiment from this time to the summer oi 1780, and was always on active Service either with the whole Regm' or De- tachments from it, and on every occasion gained Credit to himself and the approbation of His superior Officers. Tliat in the year 1780, when Sir Henry Clinton ordered a Corps of Light Infantry to be formed from the Provincial Lino, under the command of Colonel Watson, Major Barclay desirous of being employed in the most active Line of duty, of- EARLIER YEARS 29 leri- n". many e was bo the -That icli ho :>cople, as any E Great ans, for 1 Rebel- ess, and L776. m Rcgi- vity was 3 served ,1 lie was aking of [er essen- f,\ie Rank with the and was [n* or De- Credit to [ordered a >rovincial Lr Barclay f duty, of- fered liis services to Sir Henry Clinton, and requested he would a])point liini s sond in command to Colonel Watson, Avhicli Sir Henry was pleased with, and gave him that Ap- pointment; with this Corps he went to Virginia under the command of General Leslie, and from there to South Caro- lina. In both these Provinces he served with great Credit and Reputation, and to the Approbation of the different Coniman- dei's under whom he did serve. Bev. RoniNSON. Wilmot, to whicdi our exil(3S had retreated at the close of the war, lies on the railway near the head of the pleasant valley of Annapolis, and about half-way between the villages of Annapolis and Grand Pre. It is even at the present time a remote and tliinly settled region, with a few scattered hamlets and farm-houses strung along the course of the little river, and the deep forest stretching away from the hills on either side. But in 1781) the forest primeval and the murnuiring pines and the hemlocks stood untouched through the entire valley, (sxcept where the clearings reached out under the walls of the deserted French forti'ess of Port Royal. Th(i long and desperate struggles between the English invaders on the one side, and the Acadians and their Indian allies on the other, were indeed at an end. The banished Loyalist found no worse enemies than winter and rough weather, but the forces of nature were in their fullest vigor of resistance and were not easily to be subdued. Of the bitter struggles of those first years of banish- ment in the heart of the wdld forest of Nova Scotia only a scanty record remains, and we can but dimly picture the daily recurring dangers and privations to which these unwilling pioneers wx're subject; but with a brave spirit difficulties were met and overcome, and 30 CORRESPONDEXCE OP THOMAS BARCLAY I »i i\ I I ! il f children wore born and grew into vigorous manhood amid those discouraging surroundings. Major Bar- clay, we are told, " with his own hands levelled the for- est on his new possession, which gratefully rewarded his toil and perseverance ; while he converted the settlement of troops into a respectable society of which he soon be- came physician, pastor, counsellor and judge. By his industry in farming, he supported a large family, until finding his colony in a prosperous and orderly state, he removed to Annapolis Royal about the year 1789, to pur- sue his profession at the bar, which he exercised with great success through the province of Nova Scotia."' As a successful country lawyer, he naturally entered the public service, and in 1785 was elected a member of the General Assembly of the province. On March 20, 1793, he became speaker of that body — a post which he retained until 1799, when he removed to New- York. For a time his old military experience came again into demand. At the outbreak of the French Revolu- tion fears were entertained of an invasion of the mari- time provinces, and militia regiments were raised both in New Branswick and Nova Scotia. Major Barclay became Lieutenant-Colonel of a regiment, and for a time was Adjutant-General of the provincial forces." 1 Curwon's Journal and Letters, edited by G. A. Ward, p. 598. '■2 Writing in 1817 to the Foreign Office, in reply to an inquiry as to his rank in the army, Barclay said : " In the year 1793 His Majesty was graciously pleased to appoint mo Lieutenant-Colonel to the Royal Nova Scotia liegiraent, which situ- ation I held only a few months, as Sir John Wentworth, then Governor of Nova Scotia, agreed in opinion with me, that I could render His Majesty more essential Service by raising a Corps of fencible militia in Nova Scotia, which I did without incurring any expense to Govern- ment. My rank therefore is that of a Provincial Lieut. -Col., but when I draw half pay, I receive that of Ma- jor of the late Loyal American Regi- ment. It is however now upwards of eighteen years since I have drawn half pay." Ii.' ■'•R EARLIER YEARS 31 hootl Bar- e f or- 3d bis iineiit on be- 3y bis , mitil ate, be to puv- jd witb tia."' entered iieniber avcb 20, vbicb be lovk. Lie again Revolu- ;he niari- laed botb Barclay lind tor a orces.' L render His a Service by ible militia \n dill witlioxit le to Govevn- f ore is that o£ ,1., butwlienl vo tliat of Ma- tncvieaii Rogi- ■ now upwards olbavedrawn Those varied activities are but slij^htly refleoted in the following correspondence. Such letters as have been preserved deal mainly with matters of current business, and rarely touch on questions of public inter- est ; but his allusions to the condition of the Loyalists in Nova Scotia and the prospects of the colony are perhaps not unworthy of preservation. TO LIEUT. FENWICK, CHATHAM, ENGLAND. Sir: 27 October, 1790. Mr. Cutler on liis arrival in this Province delivered me your favor of tlie 31st of Aug^ust with Letter Attorney inclosed. I shall most chearfully undertake the agency you request, liav- iiig a fellow feeling for those whose property is remote from their residence and whose situation prevents their personal attendance. Since the peace in 1783 my n"»ther died in the State of New York in Nortli America, and devised a fourth part of her Estate to my Children (being myself from attain- der incapable of inheriting) and altho she has been dead more tliau four years and I have written innumerable Letters to the Executors, still I have never been able to bring about a divi- sion or Sale.' Should you incline to sell [your farm] you may let me know the lowest price you wish it to go at as 1 will set it up at that and if anj- one gives more let him have it. I shall want a 1 "Four years" is a mistake. Mary Barclay died on Sunday, June 8, 1788, only a liltle more than two years before the date of this letter. "The hearts of all who knew Mrs. Biirelay," said tlio New-York Daily Advertiser, in announcing her death, " will testify to her worth. From a long and intimate acquaintance with the precepts of Christianity, she f ul ■ filled its duties with uniformity and zeal, the reward of which she is now reaping, while her children must de- plore tho loss of a most tender pa- rent, the poor a cheerful contributor, and all her acciuaintance a pleasing friend." Ht^r executors were Eg- bert Benson, Samuel Bayard, and John Watts, Jr. i; T'*" I r ! j i li m ^1 ■ 1 1 i, j 32 CORRESPONDENCE OF THOMAS BARCLAY Letter of Attorney ennabliiig me to sell either together or by divisions, as it is possible it may fetch more in parcels. In Countrys like this it is impossible to say whetluir lands will increase in valnc superior to the money at interest. Since the year 178(5 they have greatly decreased in this Provimie, owing to the immense number of Loyalists returning to the united States. At present they are rather on the rise. My own opinion is that money at use here is preferable to Lands; and ever will be in this frozen Zone. TO WM. STURGE MOORE. Annapolis, 7th June, 17!)1. Dear Sir: Your favor of the 6th April came to me the 31st of May. I am sorry to find you still undetermined about coming out, and at your Silence in answer to mine of the 27th of Dec'r wherein I requested you to let me know how much I should bid at Auction for you on the Sale of the Parrsborough Estate — The two other Trustees and myself were of opinion it would be more satisfactory to Captain Moore, yourself and the Credit- ors that White Hall should be sold at Publick Auction to the highest Bidder, than to you at the Price I offered, to wit £400. As soon therefore as we came to this determination I wrote you and begged your orders how far I should bid for you at the Auction. I was aware it was possible some person or other knowing your demand might run it up to a Considera- ble amount, and tlio' far Short of the balance due yon, sell more than its nresent value. I declined therefore having the Auction until 1 had your order to what amount I might bid — You are now therefore to make up your mind whether you will remove to Nova Scotia and of coiirso take White Hall or whether it shall be sold and brought in for you or not as it may happen. This my dear sir to you is a question of mo- ment and I should advise you not only seriously to Consider it your Self but also to take the advice of your friends at home on the Subject. Nova Scotia is neither like Great Brit- ain or even Pensylvania where lauds bring in a certain an- y EARLIER YEARS 33 lands Since vince, to the 3. My Lands-, May. 1 out, and whevein d l)id at fitc-The svoiild be le Credit- ion to the wit £400. )X\ 1 wrote for yovi at person or Oonsidera- e you, sell having the light hid— hether you lite Hall or ov not as tion of mo- •o Consider friends at Great Brit- certain an- nual profit and expences maybe ascertained to almost a farth- ing; was I to consult my own feelings and Inclinations T would advise you to come, hut as your friend wlio wishes your Inter- est it is my duty to give you a faithful detail and leave you to make up your own ..lind — Parrsborough is by no means a flourishing settlement, nu)st of the half pay officers settled > iiere deeply invoh Ofl and no prospect of any success in the mercantile Line — L your views are agricMiltural, I am satis- fied you had l)etter make a present of White Ilall and pur- chase a farm already cultivated than to undertake the Clearing of new lands — I speak from exi)erience that the cultivation of new lands in Nova Scotia is attended with Double the ex- })enee that you might purehjise a good farm for — To set down at Parrsborough for the sake of a (lood house, is like a hungry man setting down to a table well set out with a variety of empty plate and Dishes. The house at Parrs) lorough how- ever is not finished and will cost at least £200 pouiuls to com- pleat it. No (lentleman in this Province can farm to advan- tage. I speak from experience and I })elieve I managed as well as most persons, what your Situation at home is I know not, but if you can live there in a Comfortable retired manner without losing your Cfipital, never remove to this Country — I have Given you my Opinion with a Candour I conceved ne- cessary and which to you I hope will not be disagreeable. I beg however you not rely on it solely, but take the advice of friends able to give it you. Let me know your Determination and what Sum I am to go to for you. Should you determine to remain in England I woidd a(lvise you if £400 is bid for Whitehall to let it go, and even loose a part rather than be en- cumbered with inproductive place, and a house which time every day renders less valuable. ! M ii I 34 CORRESPONDENCE OF THOMAS BARCLAY TO IIUFUS CHANDLER. Annapolis, (itli Nov., ITfll. My dear Chandler: Your favor of tlio 11 Au^ and its duplicate I have duly rcc'd and am greatly obliged to you foi* your Attention to my troublesome commissi(ms and the affectionate Chearfidness with which you transact tliem. Your Letter I have shewn to the (Jentlemen of this place who Desire me to return you their best thanks and to request you will send them out an Engine of the .size of No. 2 made in the best and most substantial Manner. Also the extra 21 feet Suction Pipe. I had seen Kinyons determination about assigning half pay in an English News Paper.- I can not say it meets my ap- probation, nor do I think it tends to preserve hoiios mores in Society. Half pay is as Clear a Ciiattel as a man can bo possessed of; neither can I subscribe to any of the Arguments addiu'cd in favor of those who oppose its being assignable — The Half pay is the property of the Officer as long as he lives (unless he commits an act that excludes him from it — that how- ever is out of the question) it is a certain half yearly income that is ascertained to a fj-action. It is the i-eward of past Services and his exclusive property. If this is the case surely he has a right to do with it as he pleases. A nuin possessed of a lease for a term of years or of an Annuity has a right to Assign them to any other person and to direct tlie rents Issues Profits or money to be paid him. When once his Assign- ment is made the Assignor is bound and cannot make his Act. Why then shall not a half pay officer have the same power? 1 Kiifus (Jhamller was born at Worcoster, Mass., in 1747; f^radu- ated at Harvard College in 1700, and practised law until the outbreak of the Revolution, when ho removed to Nova Scotia. He subseqiiently took up bis residence in England, and died in London in 18'JI}. '■2 Lord Keuyon's decision in Fhtrtij V. Odium, 3 Duriiford ij'' luist, 082, is doubtless me.ant ; in which he held that half pay could not legally be assigned, as it would be highly im- ])olitic to permit creditors to reach emoluments of this sort, as they "are gi'anted for the dignity of the iStato and for the decent su]iport of those persons who are engaged in the ser- vice of it." EARLIER YEARS 35 701. ; d\i^y to my "illness own to )U tlvcir Engine stiviitial \\M r«y i my »P- o.s morcii n call 1)0 i-guiBcnls ,s lie lives -tbatliow- L-ly income ,rd of past case siirely I possessed s a vifflit to rents Issues bis Assigu- akelnsAct. ame power? wbicli ho hel.l not loflivlly ^>e I \,c Uij:h\y im- .ailors to reiioU u't, as they "are Uv of the, State lupiun-t of those ed in the sei- '•itf i It is )>eo!iiis(> lie is a fool — ii madman — or a Spend tln-ift — To call us all so is payiu},' ns a very l)a(l coniplinient. — The determination has only one Effect, to wit: to ^ive Men of tlutt Class an ()i)i)()rtunity of being Rogues if they please and of Spending their ])ay in a dissolute (ia\vtTs dialh'nged — tlie (-hicf Justice interfered aiul hound them hoth over in JCl ;")()(), notwitlistandin^' wliieh lilowers wntte Uniaeke he was ready to break his li(»nds and meet liim, — that Satisfaction ho would have sooner or Later. This determined Conduct so t'rivho^vcre •a part by y entitled lod Mr. I>« a daugh- •otUer Mr. Mr. Peter vu the City loxises and and it was generally holiovod by the Americans, the ftre happening the very night or night after l,he Kings Troops took possession of that City ^ — I clearly proved Mrs. Barclay's title and the value of the Property and should as you will see from enclosed Let- ter have reC' a Compensation therefor, but for some misinfor- mation given the Commissioners, or their not properly under- standing the merits of the Claim — The expression used by the Commissioners in their Letter (written by a pro tempore Sec- retary of theirs) is " They find Major Barclay disposed of his Ground right after the division of the Prop(>rty " — I have ever lamented in investigating the Claims of the Loyalists the Com- missioners had not devised a better mode to ascertain the jus- tice of each Loyalists Claim than what they adopti^d. It is true they first gave each of us a fair candid and impartial hearing, but from this alone I am convinced their Judgements were not made up, but that they from time to time procured private information and that ex parte — This must have been the case in the instance I now represent to you ; and I lament the vjentlemen had not when they rec'' this information, com- plained to one of the Crown officers and had me indited for Perjury, for I should have been liable to the Pains thereof if found to have sworn to demands I had no claim to — The re- verse however would have been proved, I should liave rec'' my compensation, their informer would have been treated with proper contempt and perhaps such an instance would have been an end to all future private information — The least the Commissioners could have done on this occasion would have been to have given me notice and told me unless I disproved the information I should receive no compensation for that loss — I take the Liberty to request you will endeavor to have my aims reviewed by some mode or other as to 1 by 1 The fire broke out at one o'clock on Saturday morning, September 21, 177G. It began near Whitehall Slip and spread fast before a strong southerly wind up the westerly side of tlie town as far as the College An account is given in 3* grounds or other as to this point — It is Lamb's Hist, of N. Y., Vol. II, p. 135, where the original authorities are fully referred to, and a ma^) is given showing the extent of the burned district. Cadwallader Col- den, Mrs. Barclay's grandfather, died the same day. ^^ lit 'i A: = I \' !M ' 38 CORRESPONDENCE OP THOMAS BARCLAY a matter that may easily bo seen from looking over my claims in the reports from Halifax there the whoh^ will appear; and I trust the Lords of the treasury will when once they find I have by mistake been deprived of a sum the Commissioners in- tended to report me; generously order me payment — In 1776 the property at White Ilall I claimed for was burnt; for you are to observe I only claimed for the buildings not the Ground — It was impossible to suj)pose I could conceive that could be burnt — Now admitting I had sold the Ground after the fire, does it follow from thence I was repaid for the Loss sustained in the buildings, or could the selling of the Ground oust my claim for compensation of the buildings — The fact however is otherwise. I never disposed of the ground until the last of the war. In 1780 or 1781 I do not recollect which Mr. John De Lancey another Brother of Mrs. Barclays asked me to sell him my Wife's share — I told him I did not know what it was worth, but that he might take the Possession and give me whatever he gave the other Brothers & Sisters — Nothing more ever passed than this and altho he might in 1783 at the peace have lent Mrs. Barclay some money on an expectation of a purchase of her shai'e, it never was compleated until this last Autumn — I now send you only a copy of the Secretaries Let- ter in order that you may lay it before the Lords of the trea- sury and if the original is necessary and my own and Mr. John De Lanceys affidavit to prove when I disposed of the Ground and how many years after the Loss was incurred — Let me know and they shall be sent — I feel myself much hurt at this part ' the Claim being rejected as it in some measure reflects on racity and Candor; which except in this instance jr been doubted — If it can bo ascertained the Commis- .ers have been guilty of a palpable mistake, I trust the treasury will ever be ready to rectify it — 'ff 'I ^ i EAULIF.U YEARS :]0 lid I lavo 4 in- 177G •you ound ddbe efire, taincd istmy )wcvcr last of r, John . to sell t it was rive me ng more be peace ion oi a this last ti'ies Let- the trea- Mr. John Ground Let nie ,rt at this •e reflects instance , Conimis- trust the FROM JOFIN WATTS. Now- York, 20 Aii{,m.st, 1792. Dkar Sir : I lately was favored with your Lc^tter of the 2im1. July last and delayed answeriui; it till 1 could iulonn you Mmt tlu; sale of your Jersey Land, wliieli was then I^eIulillJ,^ should be car- ried fully into execution, tho' I had taken for ^'ranted that Mr. ('I'eifjfhton to whom you had written in respect to that lousi- ness would hnve made yon acquainted fi-oni tinu' to time of the State of it. This land has been sold for £110. The numey r(!c,'d l)y Mr. Crei^'hton & j)aid by him to Childs, who has exe- (aited a Bond of Indemnity in the manner you desired. The Corps you are now raising will not I presume make it requisite for you to leave Home and in course you will derive every advantage without much inconvenience. The People in general of these States are much attached to the (-aus(; of France, altho' the excesses committed there in the prosecution are much lamented. However our Government as well as the People in general arc for a strict Neutrality past 1)0011 constantly on the Riso and it is nnacconntalvlo I[ow Pooplo atfoi'd to live in tlio niannor tlioy do. However so it is, that we see no Diniinution of the Style of Living: and hear of no Failures. INfy family are all well, I have boon (but not with my - motion — The (}entlenuin may at all times depend on my Lit- tle Interest and every exertit)n in my powei" ifi his favor. I should liowever be wanting in Candor if I did not at the same time observe, I at pri'sent saw very little Prospect of eitlier in this Province; — and to intreat him not to let any such prom- •WJ» y:\ I '•' i|! f !; I f I 42 CORIIESPONDENCE OF THOMAS BARCIAY ises bo tli6 propondoratiiif? weio-ht in his dt'termination to come out. Ships bcloiiginj^ to the House of William Forsyth & Co of Halifax Merchants sail every Spring and Autumn for Halifax and New Brunswick from Glascow and Greenock, the Gentleman had best take passage in one of them being cheaper and more convenient than coming up to London for a con- veyance and crossing to St. Johns New Brunswic will be pref- erable to Halifax ; Annapolis being only twelve leagues water carriage from St. Johns and Halifax a distance of a near one hundred and forty Miles land Carriage and double that by Avater — I shall only add that your good Of1i(^es in procuring a Gentleman of Genius and Aljility agreeable to the above description will grea<"'y oblige Sir Your very obedi it and most humble Sci vant Tho Barclay I r u CHAPTER II THE TRUE RIVER ST. CROIX NOTWITHSTANDING the definitive treaty of peace between the United States and Great Britain had declared that all past misunderstandings and dif- ferences were forgotten, and that the intercourse be- tween them was so establLlied as to secure perpetual harmony and peace, scarcely ten years had elapsed be- fore the two countries were again almost at war. Per- haps the real cause of the bitterness of feeling lay rather in the tremendous possibilities suggested by the French Revolution than in the ostensible grounds of controversy ; and yet these were numerous and serious enough to furnish out a formidable quarrel. The Eng- lish complained that the debts due them had not been paid, and that confiscated estates had not been re- stored; the Americans complained of the carrying away of their negroes, of interference with their com- merce, of the impressment of their seamen, and of the failure to surrender Detroit, Buffalo, and Oswego and other western posts; while the parties differed as to the very starting-point for the boundary between their respective possessions. With what we must now re- gard as great moderation and good sense, the United States agreed to a treaty which gave them but a part of their demands, and left other questions to be settled when their increasing strength should compel a more 13 I I i It I :f f! 1 i\ ; ■ ii ■« f :. '■■ 1 • 1 ' li 44 CORRESPONDENCE OF THOMAS BARCLAY attentive heaving. The general settlement of the ques- tion of neutral rights and the impressment of seamen was postponed. The disputes as to boundaries, British debts, and illegal captures were submitted to arbitra- tion. The western posts were given up. Temporary regulations for commercial intercourse were adopted. The treaty was concluded on November 19, 1794, and was entitled a " Treaty of Amity, Commerce and Navi- gation " ; but it has been generally known as Jay's Treaty, from the name of the American negotiator. It met with extreme disfavor in the United States. Wash- ington hesitated before submitting it to the Senate ; the Senate ratified it only after long debate and with the suppression of one of its articles ; and it was not until October 28, 1795, that the ratifications were finally exchanged. The controversy as to boundaries, which was to be partly settled under this treaty, was destined to last for nearly a century, for it was not until 1873 that the line between the British possessions and the United States was at last adjusted in its full extent. Beginning at the eastern end, the line was marked out from point to point by a series of interesting compromises and arbitrations; and with the earlier stages of this long process of adjustment Thomas Barclay was intimately concerned. The only question with which Jay's Treaty dealt was the starting-point of the line on the Atlantic coast. The treaty of 1783 had attempted a precise definition of the boundary. It was to begin at " the north west an- gle of Nova Scotia, viz., that angle which is formed by a line drawn due North from the source of the St. Croix River to the Highlands"; and it was to run thence "along the Highlands which divide those rivers that I :| i t ■•I :f i THE TRUE RIVER ST. CROIX 45 ■-•(■ ,'.J ■:li It was 1 coast. 1 ion of i )st all- 1 ied by 1 Croix M whence M s that "W empty themselves into the river St. Lawrence from those wliich fall into the Atlantic Ocean." Tlie eastern bonndary of the United States was to be a line " drawn along the middle of the river St. Croix, from its month ill the bay of Fundy to its Sonrce, and from its Source directly North to tlie aforesaid highlands." And the first point to be settled was : " what river was truly in- tended under the name of the river St. Croix 1 " On the western shore of the bay of Fundy, west of the St. John's River, two cousideraljle streams fall in from the north. The easternmost still bears the Indian name of Magaguadavic, and it was this which the Ameiican Government claimed as the true St. Croix. The westei'iimost, known in i' ■ various parts as the Schoodic and Chiputneticook, vvas the one on which Great Britain insistc;); and the matter was further complicated by the fact that this river branches out into a tangle of smaller rivers and lakes, so that if this was indeed the St. Croix it was no easy matter to fix its source. The dilt'erence of opinion involved an ex- tensive teriitory. The mouths of the two rivers are some nine miles apart, while the northerly lines to be run, according to the extreme pretensions of the two parties, lay full fifty miles distant from each other. The territory involved in this dispute covered six or seven thousand square miles. By the fifth article of Jay's Ti-eaty the question was referred to the decision of three Commissioners — one to be appointed by the King, one by the President, and one by agreement between the two first named ; and in case they were unable to agree the third Commissioner was to be selected by lot. The Commissioners were to make a written award, deciding which was the River St. Croix intended by the treaty of 1783 and describing it ■'■'^im 46 CORRESPONDENCE OP TIK^MAS BARCLAY tliroiijT^liout, and ])articulMrly tixinj^ tlio latitudi! and loiigitiido of its inoiitli and of its sonvce. TIk^ (commis- sioners vvoi'o to meet at Halifax, and were euipowei'ed to appoint a secretary and employ such snrveyoi's or other persons as they should jud^e necessary. And both the United States and Great Britain agreed "to consider such decision as final and conclusive, so as that the same shall never thereafter l)e called into question, or made the subject of dis|)ute or differen-ton appointed David Howell ; * and the two ajjjreed upon Eg'bert Benson - as the third Commissioner. The C was tlio first Attorney-!^ eneral of New-York, member of Congress from 1784 to 1788, nnd afterward Judge of t)i(^ IT. S. Circuit Court and of the N. Y. Supreme Court. He died in ISDIi. His faiher, as wo have seen, was a lialf brother of Thomas Barclay's mother; so that he and Barclay were first cousins of the half blood. ' 1 1 and luis- ei-ed '■-^ [•s or .J And ■A. " to ^0 as into 1 rencc tiutod "^ David ;A nsoii ■■ I met 1 1 )(;. A d the deiu'o, THE TRUE RIVER ST. CROIX 47 17!K). Great le pur- s gvailu- iii 170;'). -Oueral Congress :it't orwiird Joiii't iuul ourt. IIo s wo have Thomas it ho and of tlie hall' pose specified in the ftftli arti<'le of the Treaty of Amity, Coni- iiicrcc and Navigation (ioiicluded witli tlie United States of America on the 19th of Noveniber 1794. 1 likewise transmit yon His Majesty's Instructions for tlie regulation of your con- duct in the situation in which you are to be employed. ^ I am, etc., Grenville. TO LOUD (UJENVILLE. New York, 2 :50th lAlay, 17UG. My Lord I have the Honor to acknowledge the receipt of j'our Lord- ships Dispatch of the Oth of March last with His INIajesty's Commission under the great seal appointing me His Majestys Commissioner for the purposes specified in the lifth article of ttie Treaty of Amity Commerce and Navigation conchuled be- tween His Majesty and the united states of Amei'ica on the 19"' of Nov'. 1791; and the Roval Instructions under His Ma- jestys privy Seal for my guidan(;e and direction in the execu- tion of the said Commission. I intreat your Lordship to lay at His Majestys feet my most luunble acknowledgements for this instance of his gracious Favor, and beg I may be permitted to assure your Lordship that I shall by a punctual and diligent attention to the duty committed to me endeavor to merit this nuirk of His Majestys Confidence. Priv9.te Business has led me to this (^ity ; at which place I received your Lordshi})s dispatch by the nuirch paccpiet on the 10"' of this Month, and conceiving an interview with M'. Liston his Majestys Plenipotentiary residing in Philadelphia necessary previous to my departure for Halifax, I immediately took post for that purpose. M"^ Liston had nothing particular 1 Those instructions are purely tho joi'sons named in the act of at- formal ; thoy boar date Mareli f), taindor ol' 1779, and who Iiad tliore- 179(5. liy been banisliod from tho State, - By an act of tlio New-York Leg- wore perinittod to return and re- islaturc, Chap. G8, Laws of 179-, all i-ido within it. »!l f I ■ '\ Hi ' ' m 48 CORRESPONDENCE OF THOMAS HARCLAY to communicate: But M'. Bond has furnislicd me with a ('opy of a Brief or Case which he assures me is mu(!}i relied on by the American Ministers as conclusive in favor of the United States in deciding the (juestion relative to the River St. ('roix: ('opies of which M'. Liston tr.msmitted to yoni- Lordsliip while I was in Philadelphia. If M'. Bonds information is correct the possession of this case will be of material (Mmseciuence, for al- thouj,'li it contains many stul)born facts, (at least stated as such) still a knowledge of the defence intcnided to be set up will enable me to provide ap])licable })roof to rebut the Claim. On a perusal of the paper alluded to, if anything occnirs to your Lordship, which you may deem of conseriuence I shall esteem it a favor to be honored with your sentiments thereon. General Knox, the Commissioner originally appointed by the President of the United States liaviiig declined acting, another has been named, Avhose assent had not arrived when I was in Philadelphia. The American Secretary of State has been notified of my being Commissioned on the part of Great Britain and M''. Liston will forward me the earliest informa- tion of tlie American Commissioners appointment and ac- ceptance. I shall repair without loss of time to Halifax and there wait the arrival of the American Commissioner, collecting in the mean time every document and information that may be use- ful in deciding the question his Majesty has been pleased to commit to my Charge. FROM ME. PICKERING TO MR. LISTON. Department of State, May 27th, 1796. Sir, I had the honour to suggest to you, in conversation, that it was desirable that Mr. Barclay and Mr. Howell should see each other })efore the departure of the former for Halifax. Mr. Howell's commission will be transmitted to him by to- morrow's post ; and I entertain no doubt of his accepting it. THE TRUR RIVER ST. CROIX 49 I Copy on by Jnited Croix: "> while ec't tlic for al- \i('d as sot up Claim, curs t<^ I shall timents nted by act inn;, m\ when tate has )f Great mforraa- and ae- lere wait ^ in the V he use- pleased Altlioujxli the Article of the Treaty relative to the River St. Croix (the object of their aiipointnient) indicates that the first nieetinf? to (^ointnenco the cixecution of their Commissions should be at Halifax; yet this is not indispensable; and, as Mr. Hartilay is at New York, a previous meetinjT between him & Mr. Howell will be easy, and certainly useful. Perhaps they maj' ajjree on the third (Commissioner: or if not, they can chuse one as the Treaty directs. Should they at the pro- posed meeting hit on the tliird Commissioner, then the whole Commission may aj)point a Secretary, and Surveyors, and de- termine on the otlier persons whom it will be necessary to employ. Kven if the third Commissioner should not be thus chosen, it would seem expedient for Mr. Barclay and Mr. Howell to ai^ree on a lit person for the Secretary ; but espe- cially, and what is of the most nniterial consequence, on a ninn of Science to as(^ertain with precision the latitudes and longi- tudes of the mouth & the source^ of St. Croix ; and whojn, with his astronomical apparatus, it may be most convenient to take from the United States. You will be so obliging as to intimate these ideas to Mr. Barclay, as I will to Mr. Howell. I have, etc., Timothy Pickering. TO MK. LISTON. 1, 1796. n, that it luld see Halifax. m by to- 'pting it. $ New York, 7"' June 1796. Sir: I am honored with your dispatch of the S** Instant, inclos- ing a copy of a letter from the Amei-ican Secretary of State, proposing an interview between M""- Howell the American Commissioner and myself previous to my departure for Halifax. It is probable you will recollect when I had the pleasure of seeing you in Philadelphia, I expressed my wishes to that effect and requested you to give me the earliest notice of the ai)pointment that I might communicate to the American Com- /^. lit! 50 (^ORRRSPONDENCK OF THOMAS BARnLAY ■:fl' V, I missioncr my boin}; nt prcsoiil, in tliis City, ntid nfjreo on some place for a meeting' Ix'foro my I'clnrn, concoivinj^ it niijjclit ox- pcdiie tlu' comjtlotion of the ol)je(^t comiiiittcd to onr deti^"- mination and in the hopt; that I ini^lit have tlie ph-asjiro of his Company to Halifax. T shall thiuvfore the r,i >in(!nt I am mad(^ ac([uainted l)y you of M' Howell's aeceptation of the a])- pointnient, write him r<'spectin<; my return to Nova> Sy the Instructions fi'om his Majesty, that I cannot officially proceed on the Commission, liefore I meet the American (Commissioner at the [ilace agreed on in the fifth Article of the Treaty. Indeed it would be impro])er for many reasons. The interview therefore that I sliall pro- pose to Mr. Howell, will be < f a private nature; in whi(!h we will freely communicate, anr. in all pro])ability chalk the out- lines of our future proceedi'igs, and come to some determiim- tion respecting the nonuuation of a third Commissioner, Sec- retary, Surveyoi's &c. &c. TO MR, HAMMOND.' Annapolis, Nova Scotia 12 July 1796. {Vrivaie.) Dear Sir I wrote you from Philadelphia on the 25th and from New York on the 30tli of May acknowledging the receipt of your very friendly letter of the Gth of March and requesting your acceptance of my warmest acknowledgment for recommend- ing me to his Majesty and Lord Grenville for the appointment 1 George Hammond — at this time secretary during the nep,otiations in Under-Secretary of State for For- Paris, and British Minister to the eign Affairs. He had been Hartley's U. S. from 1791 to 17!)r). I J THE TRUE HIVKR ST. t'ROIX 51 Now yoiir your imend- itment btious in to tlie wherewith tlinuif^li your tViciulship T liave been honored. In di.scliarf<'e of the trust rejio.sed in me in aiUlition to every othei" consideration, I shall endeavor to merit your approbation and to afford you the pleasing satisfaction that your good offices have not been improperly exerted in niy favor. A D lav has been occasioned on the i)art of the Americans by (xciieral Knox who was originally named by the President as the C(jmmissionei- on the part of the united states de(;lining to accept the office. I am told he assigned many forcible rea- sons, among which was his being interested in the (piestiou. In consequence of his declining to serve Mr. Howel of the State of Rlutde Island was ajjpointed, and it was not until the I6th of .lune that 1 was informed through JNIr. Liston of his acceptance. It was Mr. Listons wish ms well as the American Secretary of State that Mr. Howell and myself should have an interview previous to my return to Nova Scotia. This 1 read- ily assented to, and accordingly met him at Bo.ston on the 27th of June. At that meeting several persons were named as a third I'ommissioner. Mr. Howell alleged ignorance of the Characters of the Gentlemen I proposed. Amongst those he named there were three either of whom I told him I would agree to nominate, Judge Benson of New York who I fancy you recollect when lie wus a member of Congress — a M' Mil- ledge of this province, and M' Antil of Lower Canada. M' Howell liowever declined the nomination, until he had con- sulted the American Ministers. He also informed me as his appointment was unexpected, he wt)uld not be prepared to meet me in Halifax before the 15"^ of August. I really fear from what I discovered at the interview we sliall be compelled to leave the api)ointment of a third Commissioner to the acci- dental determination of a draft. We have therefore agreed to name three able and respectable Characters on each side out of which the (Apposing party respectively is to strike the names of two from each list and the two remaining names to be put into a box and one drawn oiit for the +hird (Jonmussiouer. I conceived this the least exceptionable mode in the event of our not mutuall}' agreeing on a ('ommissioner. I am apt to think there will be a necessity of procuring some -1_J 62 CORHFOSI'ONDKNCE OP THOMAS BAROLAY documonts from Ktif^liiiid. T shall not 1k)Wov(M' trouble his Majestys iMinistcrs until I find tlioni al).s<)luti'ly n('(res.sary and that they cannot ho. procured on this side of the Atlantic. M'- Chipnian the Solicitor (Icneral of the province of New Brunswick I am informed is appointed A^ent on the part of Great Britain.' I have written him to come to me, and expect his arrival hourly. After we have consulted, we shall b(^ able to know what proofs are wanting- to substantiate our claims. Accept my best wishes for the health and happiness of your- self and M" Hammond and family. FROM MR. BOND.- Fhiladelpliia 27 July, 1796. {Pt'ivafe ami confident ial.) My dear Sir, I repaired to New York, as T told You I should, previously to the Departure of the l*a(!ket, of this Month, and was not a little disappointed to find You had set out for Boston, a con- siderable Time sooner than You expected. It will occur to You, at once, upon examining the Documents produced, on the Part of the United States, that, in the Exe- cution of Your Duty in ascertaining the true River St. Croix, you will have very little Difficulty. It is only necessary to recur to the Extract I gave You, from the Act of Parliam! and to compare it with the Notes of our Historiographer, to be satisfied that there is not the least Ground to suppose, the Pretensions of the United States are founded in Justice. 1 Ward Chipniiui was a native of Massachusetts, and graduated at Harvard in 1770. He left Boston with the King's troops in 177G, went to England, and returned to Amer- ica about 1778, when he served in various military capacities, and doubtless formed Barclay's ac- quaintance. At tlie peace he re- moved to Nova Scotia. He subso- (juently filled important ofltices in New Brunswick, aud becaine chief justice and president of that colony. He died at Predericton in 18124. '^ Phineas Bond, British Consul- General for the Southern States. I ':t: jj-jji THE TRFF, KIVER ST. CHOIX 53 i' and to be the I have convinced tlie (Tonth'inaii who fnniishod me with the niatpriiil Paper, of which You are in Possession, that so far from impeaching? our aneiont Hounchiry, all that lie has col- lected, serves manifestly to (H)ntirm it. It seems the Objei^tion, first, originated in a Suggestion made by (lov'- Sullivan,' that the true River St. (-roix was much to the Eastward of the River, which had l)een consid- ered as the Boundary of the United States. In order to es- tablish this Idea, the learn«Ml (icntleman, in a Book, lie has lately publisluMl, has prepared a Map in which He has given a new & unheard of Name to the real River St. Croix, & has called a little Inlet, on the East Side of Passamaquaddi Bay, St. Croix River. The Fallacy of all this is, easily, detected, by examining all the ancient Maps, which designate the Situation of St. ('roix River, to be on the Wpsf side of Passiniaciuaddi, (whicdi Situ- ation the Act of Parliament, which establi.shed the Bounda- ries between the Provinces of Massachusetts Bay, and Nova Scotia, expressly recognizes.) whereas (tov'" S., to favor his Purpose, has placed the River St. Croix on the East side of that Bay. This, of itself, ap[)ears to me to ))e conclusive. I have not been able to get his Book here. I saw it for a IMo- ment, and think it is called the History of the Province of IMaine. It was publislied last Year; — I think You ought to have it, and shall direct the King's Consul, at Boston, to pro- cure it, and send it on to you, by the Gentleman, who conveys this Letter to You. I have some Reason to beli(^ve that the Government of the United States begins to be convinced there is no Meaning in the Claim it has instituted, & does not intend to urge it, very violently. Our Historiographer, is a little anxious about his Notes ; — I 1 Jameti Sullivan, then Attorney- General of Atassachusetts. Tho book referri'il to is Sullivan's History of ;.'ou8ul- the District of Maine, published in 1795. Bond's error in referring to Siillivan as "Governor" was pro- 4A phetic, as he was elected to that office in Massachusetts in 1807. As to Sullivan's share in this business, see Chap, xiv of Amory's Life of Sullivan. J — L 54 CORRESPONDENCE OP THOMAS BARCLAY have assured him tliat tliey can, in no [xissible F]vont, ever he brought to Light ; and tliat they are only to serve, to furnish References to those Documents He has compih'd, wliich so ir- refragably, decide the Justice of our J'retensions. I have a Chance of collectin«jf s(»nie other Information, very shortly, of which I shall apprize You by the first ^dfe ('on- veyance. I shall be happy to liear you have received this Letter. Mr. Liston is not returned from the Southward, — I write in Haste. I am, &e. P. Bond. I i f i;ii FROM MR. BOND. Philiulelphia, 18 All-'., 1700. {Priraff & Confidential.) My dear Sir: Inclosed I send You duplicate of my Letter of the 27th Ult: — tho' I, sincerely, hope the original may have, long since, reached You; as, with it, you would probably have received Judge Sullivan's famous History of the I)istri(^t of Maine which I re(pu'sted tlu; King's Consul at Boston to forward to You, by the Gentleman to whom I committed the Care of that Letter. From the Suggestions of this Author, as I have told You, all this Difficulty respecting the true Kivei- St. Croix has arisen. In tlie Ma}) He has prefixed to this Notal)lc Work, He has, not only, changed the Position of the River — but it's name; — giving to the true river St. Croix, situate on the WchI side of Passimaquaddy Bay, the Name of Sclioodic River, and to a little Inlet, on the East side of tho Bay, the Name of St. Croix River. As the Author has been nominated by this Government Agent of the United States in the pending Negotiation, to as- certain the true River St. Croix, He will, independently of inter- ested Motives, which may, perchancie, have warped his geo- grr«pliical Judgment, be now influenced by Pride, & a nice >v? THE TRUE RIVER ST. CROIX fjfj Yon, : lias Work, )ut it's Wrsf er, and ol' St. •nnient to as- ' inter- is geo- a nice I i Sense ot literary Honor, in uiaintainin^- his visionary Posi- tions: Bnt there seems to he no (*hanee of his sueeeeding, sinee, ex(;lnsively of other Means of l^'efntation, with which You will be fnrnished, I take it for granted, an actual Survey of th(^ spot, nmst fix the River we contend for, as the true River St. Croix, namely, that River, which empties itself on the Wt'sf Side of PassiiiuKjuaddy Bay: — The original De- scription of the Island, & River St. Croix, seem to l)e so ac- em-ately defiiu'd, as to leave lu ^*arti(;le of Doubt upon the Subject. After various Delays cv jJisappointments, 1 am, at Length, in Train of obtaining, shortly, a very accurate Detail of every historical Fact, which can serve Us, upon this occa- sion ; which is also extended to a Refutation of all Judge Sul- livan's material Positions. The Purpose of my troubling You, now, is, to intimate to You, that unless You shall see Your Way, perfectly clear, in ascertaining the grand object, which so nuuih aifects the In- terests, as well as the Credit of His Majesty's Government, it will be expedient to suspend Conelusion xipon the Point, until You shall be in Possession of such Doeuments, as will, speed- ily, be completed here : For this purpose, it will be advisable, previously to your leaving Halifax, (if that should happen this Autumn) in oi'der to explore the geograj)hieal Situation of the two Rivers, to tix some mode l)y which a safe Correspondence can be maintained with You, from hence, which appears tome to be most practicable thro' the Medium of the King's Consul, at Boston, with whom You will be pleased to make; the proper Arrangements, seasonably : — As far, however, as I can calcu- late, at present. You may count upon having the expected De- tail, forwarded to you, at Halifax, by the first Mail: — any other Mode of Conveyance might be hazardous. In convei'sing with the Gentleman, n'ho prepared the nuite- rial Paper I delivered to You, I soon found He had gone upon a mistaken Idea that we nit^ant to carry the Western Boun- dary of Nova Scotia, as far as Kennibeck River, according to the former l^retensions and Claims of the French upon Aca- dia — who in Virtue of Sir \V"' Alexandei-'s Grant of the Prov- ince of Nova Scotia, endeavor'd to engross not only the Prov- ■\?' I ! ' 56 CORRESPONDENCE OP THOMAS BARCLAY ince of Nova Scotia, but also that portion of the Plimouth (jrraut, which was allotted to Him, as an Individual Member of the Company, which Portion it so happened, was bounded on the East^ by the St. Croix River; — His observations, there- fore, tended to defeat this Westerly Extension of the Boun- dary of Nova Scotia by showing that Portion of the Plimouth Company Grant assigned to S', W" Alexander, and bounded on the East by St. Croix River, was, as well by the Terms of the original Grant, as from prescriptive Recognition, within the Province of Massachusetts Bay. I am «&c. P. Bond. FROM ME. bond. Philadolpliia 29 Aug' 1786. {Private and Confidential.) My dear Sir, I write to You by a Conveyance, upon which I place but lit- tle Reliance — & therefore I shall say hut tittle. Since I wrote to You on the 18th curr'- I have procured the material Paper, I contemplated, & in my Opinion it clearly establishes all we contend for; so that if the Commissioner, on the Part of the United States should not accede to our Claim, in it's fxill Ex- tent, You will find ample Means to establish it : In that Case an actual Survey seems indispensable, which, however it may be attended with some Fatigue, will, in the result of it, most amply repay all our Labours. By the next mail You are to ex- pect all the Communications, You are to look for from hence. I am &e. P. Bond. 1 1 • ;M to lord grenville. Halifax 30 Aug' 1790. My Lord — I have the honiu" to inform your Lordship that on Monday the 22nd Instant I met at this place David Howell Esq' the I THE TRUE RIVER ST. CROIX 57 niday the Commissioner appoiut«Hl on the part of the united States of America to settle tho boundary between tlie united JStates and His Majestys Province of New Brunswic under the flftli arti- cle of the Treaty of Amity Commerce and Navij:;ation between His Majesty and the united States of America and that upon perusinj;^ his Commission I find it dittV^rs from His Majestys ( 'ommission to me as your Lordship will see by a copy of it which I have the Honor to inclose. In the Commission to Mr. Howell the President of the united States expresses himself in these words "and thereupon with the other Commissioners duly sworn to proceed to decide the said question and exactly perform all the duties conjoined and necessary to be done to carry the said fifth Article into compleat execution"; while in His Majestys commission to me it is declared, "We will give and cause to be given full force and effect to siu^h final decision in the premisses as by our said Commissioner together with the other two Commissioners above mentioned or the Major part of the said three Commissioners shall duly be nuide according to the Provisions of the said Treaty." — Upon dis- covering this variance I communicated with Mr. Howell and requested he would report to the President of the united States the construction given to the fifth Article of the Treaty in my Commission from His Majesty and that his Commission might be so amended as to comport with mine. — He observed that his Commission was framed in the words of the fifth Article and that he did not feel himself at liberty to suggest an altei-- ation to the President, neither did he think the president would make any ; he at the same time assured me he believed it the intention of the contracting powers that a declaration under the hands and Seals of a Majority of the Commissioners should be final and conclusive, that this was not his opinion alone, but of every man in office in the united States with whom he had conversed on the subject.' After this declaration and from a 1 Notwitlistaiuling Mr. Howell's 179G, Mr. Lee wrote that the declHiou emphatic assertiou, it was a fact that the Attorney-lTeueral of the United States entertained the oppo- site opinion. Under date of July 23, could nut be nnido by a majority of the Commissioners. See Opinions of Atty.-Geus., Vol. I, p. G6. f^^ li- ! 58 CORRESPONDENCE OP THOiAIAS BARCLAY 1 'I ' ffiflii WW conviction tliat the very words of the Artich^ strongly favor such a construction, 1 havt; determined to proce(id on the sub- ject referred to our determination. If the intention of the contracting' parties liad been tluit tlie wlioh; of tlie Commis- sioners should agTce in order to make the dechiration valid and inndiny", they would have named two or four ('onimissi(m- ers, indeed the very naming of a third (-ommissioner imports that the acts of two shall prevail where the three are not agreed. Should your Lordship differ in Sentiment with me my commission may be restri(;ted, as Mr. Howell has agreed not to require a copy until the declaration is engrossed and ready to l)e executed. He has written to the Americaii Secre- tary of State for a certified Copy of His Commission which shall be forwarded to your Lordship the first Pacquet after 1 receive it. The American Commissioner and myself after several Com- munications have this day agreed in the choice of Egbert Ben- son of the City of New York Escf as the third Commissioner — A (lentleman of Ability, Candor and Integrity and in whose inqtartlidity I have the utmost coirfidence. His appointment will be forwarded to him by a conveyance which sails to-mor- row. The Agents on the part of Great Britain and the united States that no time may be lost will proceed immediately to Pasamaqmuldy to effect accurate Surveys of the two Rivers in dispute the Scoodiac and the Magaguadavic. I have industriously exerted myself since I had the honor of receiving his Majestys Commission in procuring for the Con- sideration of Mr. Chipman his Majestys Agent such papers proofs and documents as could throw light upon tlie subject in controvei'sy, but I find his zeal and industry in the fulfill- ment of the duties of his appointment, and his thorough knowledge of the subject will relieve me from every appre- hension that anything will be omitted in procuring or arrang- ing the evidence in support of tlu; Claim of the British (tov- ernment which can in any degree tend to elucidate their just- ness or force — I uiulerstand fi'om him that he has expressed to Governor Carleton his wish to be furnished with Champ- lains Voyages, Purchases Pilgrim or Collection of Voyages, and Bl ; THE TKUE RIVER ST. CROIX 59 i V L'Escarbot as in tliom or some of them is contained a. particn- lar desci'iption of the Isle of St. ('roix resorted to and named liy the Sienr de M(mts in 1(504 from whence the river in ques- tion took its name and whitOi island Mr. Chipman is conlident from tlie description of it in some extracts from L'Escarliot with which it has fortunately been in my power to furnish him, he has discovered upon viewing the place to be actually situated at or near the mouth of the River which is claimed on tlie part of His Majesty to l)o tlu; Jliver St. (-roix truly in- teuded l)y the treaty of Peace.^ lie iuforms me he has also requested to be furnished with Copies of the Acts of Parlia- ment of Scotland the records of which are kept in the Castle of Edin])urinoiit iner) on ils so eaniiiei'eii) en viie petite ile size mm milieu (le eette riviere, rpie ledit sieur Chanijtlein avoit estd reeonoi- tre. Et la voyant forte do nature et de i'aeile gii''->. joint que la saison coninien9oit ,o se passer, et partant falloit penser do se loger sans plus courir, ils resolurent de s'y iirreler. . . . Et d'autant qu'a deux lieuos nu dessus il y a des ruisseaiix (pii vienuent eotntne on Croix se deehar- ger duns co large bras de mer, cette ile de la retraite des Fr!UH;ois t'ut iippelee JSainctk-Ckoix, v vingt- cinq lieues plus loin que '.o Port- Koyal. . . . Ladile ilea environ di'uiic lieue do (our, et an bout du cote do la nier il y a vn tertre et eoninie vn ilot sejKUV', oii estoit place le canon dudit sieur de Monts, et la aussi est la petite ehappelle batie a la Wauvage. Au pied ' i (' \ > I ,1 I 1 1 1l! 60 CORRESPONDKNOR OF THOMAS BARCLAY tion it for your Lordsliips Considoration lest (xovornor Carle- tons hotter should not ])e forwarded in season to go by this Conveyance. FROM MR. BOND. Philadelphia 6 Sept'. ITOfi. ' {Prirafe cfe Conjideufial.) Mv DEAR Sir, Inclosed I heg leave to forward to You, Duplicate of my Letter of the 29th Ult ; sent by a Cartel Ship, & written at the Monunit of her Departure. Having now a much safer (^on- vevfincc by the Packet, I can with more Propriety, enlarge upon the Nature of the other material Paper I have [)rocured, of which Mr. Liston has been in Possession some days. It is rather a tedious Compilation, but it, undoubtedly, discovers a very extensive Knowdedge of Historical Facts, applied to the Subject, (*on firming, hj ii vast variety of Documents & Obser- vations, the Location of the River St. Croix — and clearly re- fnting all that has been said, iipon the Point, by a certain Au- thor, who is raised to the High Station of Ag(mt for the United States, in the pending Negotiation. Judging from the vague & fallacious Positions which this Author, under the l<](Vcct of rooted Prejudice, or of Interest, has thought fit to advance, we have little to exj)ect from the Candor of the Man, in executing the Duty assigned to Him, It is not perhaps too much to impute the Dispute as to the true River St. Croix, to the Author of the History of the Dis- trict of Maine, encouraged In Persons, who have sinistei' views to gratify, by extending, the i]astern Boundary of the United States bej'ond the river St. Croix, which Great Britain has uniformly considered, as the Western Boundary of the Province of Nova Scotia ; and whose Features are so well des- ignated in ancient History, (without resorting to the Acquies- cence of the Inha])itants of the Vicinity,) as not to admit of a Doubt on this Point, at this late Day. I THE TRUE RIVER ST. CROIX Gl My })est wislies always attend You — may Sucees.s and lic])- utation I'csult from Your present Efforts I am &c. P. Bond. his erost, the llim, tht Dis- aster f the •itain t' the des- uies- of a -'1 ^1 ■ + TO MR. TURNER.' Annapolis 18tli October 179G. My dear Sir — An application having- been nnide to me hy Mr Schuyler Livingston for my assent to liis l)eiiii^ married to my danj^li- ter, who liad foi' several years resided with luir Aunt at New York for the purpose of completing her edneation — 1 ch'ter- miued notwithstanding my friends had assured me the con- nection was advantageous and every way agrc^eable, to go and judge for myself, previous to giving my consent.- As soon therefore as tlie Governor had adjourned the lioiise of Assemblj'^ (about the middle of Ain-il last) I embarked for the States, on board the Eai-l of Moira, witli wliieh Sir John^ had politely accommodated me and arriving at Jioston in four days, went from thence to New York by hand. — Having on particular encpiiry ascertained the connection requested to be every way eligible, I consented to the Union, and on the 17th of June in ordi^r that I might be present, the marriage of my daughter and M"^ Livingston was solemnized at her Aunts Seat about IG Miles from New York — Ten days after this I set out on my retui'u for Nova Scotia and got liome about the 5 of July. — As soon as Mess" I'^'ouman and (Irassie heard of my arrival they forwarded me your favoi- of the 21 of March last, inclosed with a |)ac(|uet from M' Watson & another from the house — My time has been ev(ir since so totally occu- 1 John Turner was a partner in Seliuylcr Livinf^ston's niotlicr was the house of Brook Watson & do. Cornelia Seliuyh-r. The wedding -Schuyler Livingston was born took idaee at liio house of Mrs, Cox, September 'J4, 1772. He was the who was An? t De Tjaneey, Mrs. son of Walter Livingston, who was Barclay's sister, the son of Robert Livingston, •' Sir John Wentworth, Governor the third proprietor of the manor, of Nova Scotia. 62 (JORKESPONDENCE OF THOMAS BAKCLAY u i Mi 1^ pied in and about the executiou of the Coiiimission wherewith His Majesty has been pleased to Honor me, that I have not really liad a leisure moment to attend to my i)rivate eoucerns. — I am now but just ri^turned from S' Andrews Passanui- quar.y where the Commissioners have hold their first meeting on t.)e question referred to them, it a{)))eared the most jjrojjer place, l)ein|;' part of the territory in dispute and contij-uous to the two I'ivers respectively contended for as the true S' C-roix The judicial capacity in which I am to act renders it im- proper for me to discmss the subject, or express my Senti- ments in any manner relating- to tlu^ dispute, except in the picsence of my brother Connnissioners and olli(nally — Indeed if these Objections were removed, the length of the case in order to give you a just idea of the controversy would too far exceed the limits of a letter to admit of it — After a Weeks communication at Halifax in August last, the American Com- missioner and myself agreed in the ('hoice of F*]gbert Benson of the City of New York Ksq' as the third Commissioner — A Gentlenmn of undoubted Ability and [ntegrity, and who from being a near relation was brought up in my fathers family, — I found it impracticable for M' Howtjll the Amerii^aii Com' and myself over to agree on any other person, and that unless I joined in the api)ointment of Judge Benson, wo must proceed to the un])leasant alternative of balloting for the third Com- missioner — To this I am extremely averse, from a conviction that by this measure the qiu'stion woidd l>e decided rather by lott, than on its merits — I was convinced of the -lustic(M)f His Majestys (Jlaims, and the indisputable authorities that could be adduced to support it — To leave it therefore to a ballot, would l)t' putting what I looked on as a certainty in hazard, a game I by no means conceived myself authorized to play. — It is true the American C'ommissioner gave nu^ the names of two or three Gentlemen in England, <»ue of whom he was willing should be opposed to M' Benson, but these Centlemen, I learned were warm nunority men, and I did not conceive it probable they would leave their pursuits and cross the Atlan- tic, on such a question and under our nomination. — Thus cir- & I m i( TiiK rnvK KivKn ST. cno\x 6;{ u S' (MinistiiiK'cd I jiidji'tMl i), most for His Mjijostvs interest to jrive lip the only possiltle objection to M' Henson, tliiit of his Ix'inj; an AnuM-iejin, uiuh'i- the liojxj of liiivinp' n cool, sensihh', nnd (lispfission.'ite thirered of I)el)t — It was a load that lay heavy on my mind, fi'om the first day I Ix'came a mend)er of tlie house of Ass(Mnl)ly ; ami my princij)al exertions have bent to free the Province from such chains. You may rest satisfied that the same pi'inciples will induce me to oppose every measure tending to incur similar embarrassments — TO MR. BOND. times was Imen, Ive it lan- eir- Annapolis 24'" Oct' 1796. {Private & Confidential.) My dear Sir The paper you allude to in your dispatch of the 7"' of Sep', came safe to hand, and your directions respei^ting" it have been obeyed — A(!cept my sincere thanks for your imlustry and /eal in furnishing me with wliat you can collect and con- ceive of conse(|uencc to be communicated — And permit me to intreat a continuance of your good oflflces — I hope you and Mr Liston ap})rove of the nomination of Judge Benson as the W _- 64 CORFfKSI'ONDKNCK OF TIIOiMAS BARCIiAY l!n I ?i n third ( 'ojiHiiissionor, wlio I know to ho a man of Candor, Tntc'^- rity and Ahilitios and with wlioni I hclicvc from liis intimacy with Mr. Hiiinmond yon arc; a('<|naintt'd. I oannot conc^lndo withont oantioninj; you afjjainst . Ho who betrays faitli rejioscd in him even by a villain, is not to be trusted by an lionest num. His (-haractor at this day is th(! same my wortliy father ^-ave mo of him upwards of IJO years siiu'e. Tluit lie was a man of dupli(dty and not to bo trusted.' TO LORD GRENVILLE. AunapoHs 24"' Oct^ 1796. My Loi{d— In my dispateh No. ;} dated Halifax the ;50th of August last past, a dupli(^iite whereof is enclosed, I informed your Lord- ship that the American (^omnussioner and myself had aj^reed in the choice of the third Commissioner and that a vessel was sent to eari'y him his a|)pointment. The American Commis- siomn* and myself being of opinion that the meeting of the Commissioners at St. Andrews in the County of Charlotte Passamaquady (a part of the lands in dispute) would facili- tate the business, and prevent the Agents removing from a place where their presence was necessary, we accordingly ad- journed to St. Andrews and notified Mr. Benson the third Commissioner to meet iis at that place on the 3rd of October. — On the 4th of October the three Commissioners having met at that place were sworn, agreaably to the 5 article of the treaty by Robert Pagan Esq' His Majestys first Justice of the (^'ourt of Common Pleas for that County, after which the Board of Commissioners appointed EdAvard Winslow of Fred- ericton in the Province of New Brunswic Esq"" their Secre- 1 The person hero alluded to New-Yorker, anil must, have been seems to have been Mr. Bond's liis- employed in the State Department ; toriographer, who furnished a copy but it does not seem possible now to of the American case and other in- establish his identity. formation. He was presumably a '}>, n THE TRITE RIVER ST. CROIX fi5 tary imd rocoived the olaiins of the rospective Afjents copies of wliicli I have the honor to inclose to your Lordship. The 5th we made an attempt to proceed up the River Seoodiac chiimed by the Ajjjent of Ilis Majesty as the true St. Croix, but the Wind failinf; we were compelled to return to St. Andrews ; after which the board met, confirmed the surveys c;ommenced under the mutual agreement of the Af?ents and takinf]^ the future operati(tns of the Surveyors under our control estab- lished rules and orders for their direction and government; jis('(>rtain('d their pay \)i'V day and that of the chainmen and laborers under them &(• &c. On the (ith the Commissioners attended by the Ap:ents went to view the mouth of the River Ma,irajjjuadavi(^ claimed by the American Agent as the St. Croix intended in the treaty of Pea(;e and th(> Island which he said had been named by the Sieur de Monts in 1604, Ish de *SY. Croix. The 7th we had a view of the Isle de St. Croix in the River Seoodiac as shown us by His Majestys Agent with the snudl Island in its front and as much of the River as he said he conceived necessarv to be seen to evince that the Isl- ands and River corresponded with the description given by L'Escarl)()t and Champhiin french Historians, who attended tlu^ Sieur de Monts in his Voyage to that part of North Amer- ica in 1(504,^ and on our return we examined under oath in the Evening a number of Indians produced on the part of the united States — On the 8th the ])oard established rules and regulations for authenticating Records ami other public docu- ments to be given in Evidence, with several other necessary orders and resolutions, particularly one directing a survey to be made of the bay of Passamaquady, the Islands therein, the Brooks and Rivers that discharge themselves into it and all the Mountains, high lands or head lands which present them- been Iment ; liow to 1 "II nous ffiiit (lire que I'lle ile montagnes eminontes par dessiis les Sainete Croix est difficile a trouver autres aux cotez ; mais de la part du k qui u'y a este, ear 11 y a taut d'iles Nort d'ou descend la riviere, il n'y et de grandes bayes a passer dcvant eu a sinon vne pointue eloignee de qu'ou y soit, que je in'etonue comrae plus de deux lieues." on avoit penctre si avant pour I'al- Lesoarbot, Liv. IV, Chap. v. ler trouver. II y a trois ou quatre 5 l""l I J I H. 66 fDRRKSPONDKNCK OF THOMAS BARCLAY 'li li 1 «l » t ii ' ;. f l« m m selvos to view in prncMMHlinj; up tho bny to oithor of tlio rivors in (|uestion, n Mrcsciitiii'^ flicii' Shapes and appearances rc- spootively ns they make or appear in pnxuMMling to and up eacli of the Kivprs in question. Haviufj examined the Surveyors as to the pr()l)al)lp period when their surveys would be eotnpleted and fiiulinp they eouhi not be effected until late the next Autumn and the A^'ents having stated by a joint memorial that it woidd be out of their power to deliver in the Arguments on which tlieir claims were founded until they were possessed of these Surveys, the board adjourned to the second Tuesday in August next, then to meet at Boston in the State of Massachusetts for the f)ur])()se of extimining witnesses and to juljouni from thence to such place as his IMajesty's agent should think necessary for exam- ining any other witnesses he might wish to produce. The weather from the 20th of September to the 8t.h of October was so unfavoi-able jfs to [)reveiit the (xentlemtMi employed fr(»m ascertaining tlie longitude of the mouth of either of the Rivers and the Season being far advanced we gav(> up thti pursuit until next Spring. The Surveyors will probably continue at Work to the 10th of November, at all Events they will remain in the field until driven in by Snow and extreme cold. Prirnfc I take the liberty of suggesting to your Lordship a eircuTUstanee which probably will be laid before you by His Majestys Agent through (lovernor Carleton, but as an acci- dent may happen to his dispatches and no time ought to be lost, I presume to suggest to your Lordship, what certainh' with more propriety would come from him. The Agent of the united States has related to Ilis Majestys Agent that the Plenipotentiaries who concluded and signed the definitive treaty of Peace between His Majesty and the United States of America at Paris in the year 1783, had in contemplation and believed that the River called the River St. Croix in the treaty was the first River to the Westward of the River St. Johns in New Brunswic, that they had Mitchels map before them at that time, which lays down the eastermost river in the Bay of Passamaquady as the River St. Croix, and that Mr. Jay and Mr. Adams the surviving American Plenipotentiaries and Mr. u ! THE TRUE HIVER ST. CROIX 67 '■N {Iiii'tU'V the Hritisli rienipolt'iitiary, togi'thci- with Lord St. Holens' and a Mr. Whitt'ord -' who were then present will at- test to the above representation, and aver tliat the River next to t' River St. John in New Biunswie was the one by them intended as the point from whence the dividing; bonndary be- tween (Jreal Britain and tlie nnited States shonld coinnienee, and that he shoukl next Anf>'ust exanune Mr. Jay and Adams on the subject. What weight sueh testimony will have witli the Commissioners is not for me to suj^'gest. I have f»:iven your Lordship the above infornuition, that yon may if you conceive it necessary exanune Mi'. Hartley, Lord St. Helens and Mr. Whitt'ord or any other per.sons wlio were present at the forming and executinfi' of the treaty, and advis(! His Maj;.'stys Af^ent what they will declare under oath respecting the same — Also whether Mitchels map was or was not the chart by which they governed themselves — The American Agent further states, that the Source of which river shall be decided to be the River St. Croix truly intended, cannot be extended beyond the flow- ing of the tide, and that he shall establish this position by the decision of the King and Council, on the source of the Merri- nuu* river in setting the boundary line many years since between the E*rovinces of Massachusetts Bay and New Hauip- shire, and a similar determination respecting the source of the Piscataijua river. — The absurdity of the position is too gross to admit of a moments hesitation — It n;.ty not however be improper to possess His Majestys Agent with authenticated copies of all papers on file, & the opinion of the King and Council on the question of the last above mentioned rivers. Although Mr. Chi})mans abilities are uuquestionabh^ and his application intense, still he wages a very unequal War with the American Agent, who has two of the Council, two of the Senate and one of the most eminent of the Law ( 'ounsel in the State of Massachusetts assigned to assist him in collecting documents and evidence and preparing a case and arguments on this important question ; on which a territory of not less I Alleyue Pitzherbert, raised to ^ Caleb Whitefoord, Secretary to the Irish peerage as Lord St. Helens the British Commissioners who nego- in 1791. tiatedthepreliminarytreatyofpeace. 68 CORRESPONDENCE OP THOJUS BARCLAY m Li r ^\ thau 6 or 7,000 S([iiure miles depends, part of whieh is invalu- able to His Majesty for the masts and yards it will furnish for the Navy. — Under these circumstances I am extremely anxious, and have therefore been the more readily induced to communicate the above information to your Lordship, that His Majesty's Agent may in time be informed of the facts and furnished with every necessary map and paper that may elu- cidate the question, or enable iiim to oppose and confute the arguments and suggestion of the opposing party- FKOM MR. CHIPMAN. it \ i! : fet St. John, 9tli Nov' 1790. My dear Sir, I feel myself under peculiar obligations to you for tlie very interesting and friendly communications in your letter of the 3** instant. I perfectly agree with you that the mode you have adopted with regard to my concerns, bids much fairer for suc- cess than an}' other, and whatever the event may be, I shall ever very gratefully recc^lh ct your kind interference upon this occasion. I am rejoiced that you have met with Popple's Map, as I believe from the description I have of it, it will be of great use. — There is another point which T an<, endeavoring to ascertain, which if it turns out as I have reason to believe it iWll, must be decisive in our favor. — The line from the Source of the St. Croix you will recollect, is by the Treaty of Peace to run " due North to the Highlands which divide those Rivers which fall into the Afhnttir Ocean from those which fall into the Riiwr 8t. Lawrence^ Now by an inspection of Capt. Sj)roules Map it appeai-s to me, that a line drawn due North from the source even of the Chcputnaticook will strike the River Restigouche which runs into the Bay of Chalcurs, and of course /rti/.s' into the Giilph of Saint Lawrence; such a line therefore will not answer the description in the Treaty, much less will a line drawn from the Source of the Magaguada\'ic or any other source eastward of the Source of the Cheputnati- f i THE TFUTE RIVER ST. CROIX m cook, — but ji line drawn due north from tho Source of the Scoodiac will run to the westward of the sources of all the Rivers that fall into the GnlpJi of St. Lawyeiire, and will of course extend to the Ili loss of the in- termediate Country was of consequence to Great Jirilain, and that he was afraid his father the Doctor had been too cunninj:: for Mr. Hartley. Captain INIoody is cei-tain Governor Fi-ank- lin will recollect this conversation, as he appeared much inter- ested and told him, h.e and Mr. Hartley jiad conversed near an hour before his arrival. As Doctor Franklin is dead, it nuiy be of moment to refresh Mr. Hartleys memory by what the Crovernor recollects. By the treaty of peace the line fi-om the source of the St. Croix is to run due north to the Hisi'hlaiids which divide tliose rivers which fall into the AfhiHfir Orcaii fi-om them which fall into the River St. Lawrence. Mr. Chipman His iMajestys Agent has hinted to !■ ". and from examination I am apt to be- lieve it will prove so, .nat a line drawn due North from the Soiu'ce even of the C'hiputnatcook, (the North liranch of the Scoodiac) will .strike the Rivei' Restig'ouche which empties into the Bay of ('haleurs and of course /V///.s, into the Gul})!! of St. Lawrence; such a line therefore will not answer the desciip- tion in the treaty, much less will a lin(> drawn from the Source of the Majfaguadavic or any other source eastward of the Source of the Chiputnatcook. But a line drawn due North from the Source of the Scoodiac will run to tlu! w<'stward of the Source of all the Rivers that fall info fJir Gidph of tSf. Lawye.nce and will of ourse extend to the Highlands mentioned — I shall unite with Mr. Chipman in an applicati<»n to Governor Cai'l- ton of New Brunswic to have a line rnn this Winter due North from the Source of the Chiputnatcook to see where it may strike, and that we may have evidence of the fact if it proves in our favor. Should it not, then to run the north line from the Magfiguadavic. If it turns out as I expect, our cause will be essentially strengthened, indeed the (piestion Avill be at an end. The result you shall be informed of by the first i THE TRUE RIVER ST, CROIX 71 convtwmioe after it is ascertained. T have taken the liberty to hint to Lord (ii-envilh' the propriety of furnishing- Mr. Chip- man with (Jhaniphiin. L'l'isearbot & Pureliase ^ with all authen- tic nuips and a copy of the acts of Parliament of Scothuul \\iii(;h are k('})t in the (-astle of Kdinburf»- by which the two provinces of Alexandria and Caledonia into which the Country of Nova Scotia granted to Sir Will'". Alexander are estab- lished and confirmed, as they are materifil and as he is want of them. FROM MR. BOND. I Pluhulelphia 2'J Nov' 179(i. [Pr irate.) My dear Sir I am now to acknowledf?e the Receij)t of Your very inter- ( still <;• Ijetter, with the Inclosures, which accompanied it, dated at Annapolis Koyal on the 2;3rd Ult: for which I thank You exceedingly. It appears to me that You have analysed the Business, to which Your Commission relati's, with all the Precision which was to be expected from Your Al)ility & Zeal: — there seems little, to apprehend. For the present, I have only to remark to You, that I have from long Experience, dearly bought — formed, precisely, the same Opinion of the Man, which Y"ou entertain of the Person from whom many copious Details, relative to the Subject in Dispute, liave lieen obtained. In the present Instance, how- ever, let me do Him the Ju ice to observe, that in the Com- munications He made to me He did not conceive He betrayed any (•ontidence, which had been placed in Him: on the eon- 1 Th(! books roterred to are: "Voy- toiro do la Novvollc Kranec. Par ajjes ft D(>st'ovvort<'s faitcs fii la Novvelk' P'raiic'c. Par Ic Siciir do (.'haiu])lain, Cappitaiiio ordiiiairo pour If Key on la Mor du I'oiiant." eolloctiou of Iravols by San.niol Piir- (IC19.) This book oontaiiis a niap t'Iia!<, an English diviuo; published Marc Loscarbot.'' Published in throo editions, KKU) to KilH. •' Ptir- elias his IHlf^jriuis," the woll-kuown of the J.daud of Ht. Croi.x. His- iu 1613. J L 72 CORRESPONDENCE OP THO:\IAS BARCLAY ] 1 f? trary, He professed tliat Tnith, alone, was tlio Object of liis Investigation, and if that End were eventually realized, it was of little Conse([nenee to Him, Avhat the Issue of the Examina- tion, to either Party, might be. Knowing Him as well as I did, then; was little Danger that our Cause should suffer by a ISurcharyc of Confidence. I am &c. P. Bond. FROM lord GRENVILLE. Sir Downing- Street, Dec' 9'", l7iJ(). Your several dispatches to No. 8 inclusive have been re- ceived and laid before the King ; and I have the satisfaction of informing you that His Majesty has been graciously pleased to approve of your conduct in having proceeded to execute the trust committed to you, notwithstanding tlie variation which appears to subsist between your comniission and tliat which has been given to Mr. Howell by the President of the United States. That variation is indeed extremely unimpor- tant in itself, and it is still more so when it is (considered that the general sense of the two contracting parties upon the sub- ject is so clearly to be ascertained by a reference to the two succeeding articles of the treaty which vehite to the appoint- ment of Commissioners for other purposes and to the mode which is prescribed for deciding tlie questions submitted to them. In order however to remove all doubts upon this point, Mr. Liston is instructed to state the variations between Mr. Howell's Commission and yours to the American Minis- ters, and to propose to them the interchange of declarations, purjxtrting that His Majesty and the United States will con- sider as final & conclusive the decisions of the three Com- missioners or of a majority of them, as to the I'iver, which was the River St. Croix intended by the definitive treaty of Peace between His Majesty and the United States. It must however be observ liat in order to render the proceedings under this Comni. on coinformable to the principle estab- 1 1 THE TRUB: river ST. CROIX lisht'd for the others, no sueh deeision nor indeed any other proeeedinj^ eaii take phiee hnt in the preseiiee of the three Commissioners. Although I understand that the books and papers speeified m the coneluding- part of your dispatcli No. ',] liave been ah'eady transmitted from the Duke of Poi'tland's Ottiee to ^Ir. Chipmau His Majesty's A;;ent, I nt^vertlu'less, in order to guard against the effeets of any aceidents liappening to tlie Paeket by whieh the other eopies were sent, enclost^ to you those extracts of tlie A(jts of Parliament of Scotland \vlii(;h you consider as likely to be of importance in the investigation of the question which you are appointed to decide. I am &C. (iRENVU.LE. two )oint- mode Hi to this weeu inis- ions, con- Oom- hich ty of must dings ?stab- TO LORD GRENVILLE. Annapolis, 8th Sept., 1797. My Lord I have the Honor to acquaint your Lordship that the t'om- missioner.s for setting the disj)uted Boundary of tiie Kiver St. Croix met early in August at Bostou to which place they had adjoui'ued. Judge Benson's ill health prevented his travelling with expidition from New York to Boston and occasioned a delay in the meeting of the Board of seven days. In my dispatch No. 4 I suggested to your Ijordship, that the principal inducement for the Adjournment to Boston was founded on the representation of the American Agent that he had a number of witnesses to examine amongst whom were Mr. Adams the now President of tlie LInitcd States anil Mr. Jay the present (Tovernoi- of New York, both of whom were Plenipotentaries foi- effecting the definitive treaty of peace between Great Britain and the United States of America at Paris in 1783, and a conviction on the part of the Commis- sioners that it would save time and exi)eus(' to meet the wit- nesses at that place. On perusing tlu^ Allidavits of the nuijor Part of the witn(^sses his Maje.stys Agent agreed to their bc- iug filed de bene esse conceiving they can take little or nothing T l„ I L 74 CORRESPONDENCE OF TirOMAS BARCLAY 1 i 'I ,1 :i ii I 1 r ' (ill *y material to the present Question. Yonr Lordsliip will reeol- leet my havinj^ liiiitcd that the American Agent had said he should he able to ])r<)ve by Air. Jay Mr. Adams & Lord St. Ht'lens tliat at the (jxeeution of the ti-eaty of I*ea(H' in 17S;5 the Plenij)otentiari(^s intended l)y tlu! h'ivei" St. Croix (tlie l)efviii- nitig' point of delineation of tlie Lines wliieh W(M"e thereafter to divide the United States from His Majestys Possessions in Ameriea) the Hi'st River to the Westward of th(! River St. Johns, and of course that the lirst Itivei- to the Westward of St. Johns was the river ti'uly intended in the treaty. It is impossi1)le for me to say wlietlier sueh testimony would have been I'eeeived by the ('ommi«si(mers ' ad it been oftV-red. I am however happy to add the Case has not occurred and consequently no cpiestiou on that point has ])een agitated. Mr. Jay on being recpiested by the American Agent to attend at Boston for the ])ur])()se of giving' testimony wrote the Agent a letter stating that he would not depose any thing- material to the present (piestion. That all that he knew was that Mitchels map was the only one the Plenipotentiaries had befort! them or used in setting the boundaries and that the river descrilx'd (tn that maj) as the river St. Croix, having been taken for gi-anted as correctly laid down by th(! (Jeogra- pher it was nanu'd as the eoriuneneing Ijoundary. That as to any error in the Map, or there being several rivers of the name of St. (h'oix, <*ontiguous to each other; it never was suggested, and of ('ourse no provision made in such case by the Plenipotentiaries. That this was all he ('ould possibly dejjose, yet if the American Agent wislied his atteiidance, on notice he would immediately set out for Boston. Mr. Adams' deposition was taken before the Commissioners, it amounts to little more than Mr. Jays statement, and I think I may very safely say that it nmkes nu* more in favor of the British than the American chiims. He swears that on his arrival from Amsterdam at Paris, he found the other Plenipotentiaries had already held several communications on the subject of the Boundaries. That on the pai't of Great Britain the I'iver Kennebec ajid afterwards Penobscot had been urged as proper bounds, while the Ameri- i THE TRIM' nW'KH ST, CHOIX 75 ,'as oil M'S, ink lie he ^ral on rds 3ri- oan Plenipotentiaries Mr. Jay and Mr. Fi'aiiklin contended for the River St. John. That he candidly told both parties he differed witli tlicMii ; and his hi-etlii-eii the American PhMiipo- tentiaries, that they pressed as iiuich too far to the North East, as the British were short of the i-eal coinnieneinij: point of division. That the orij^inal North lOast l)onn(hiry <»f Mas- sHchusetts in liis o[)inion was tlic line wliich ouji'lil to })o ado[»ted, and tliat it stood limited by the b'iver St. Croix. That havin^r Mitchels Ma]i l»efore them, he thin traced out the bonndaries on the same, and he thinks marked them with a period. In every other }»articiilar his testimony agreed with Mr. Jays information.' The Surveyors ai-e l)usily employed on the respective rivers. Those on tla^ Mauaunadavic will compleat ilieir surveys this fall, but whethei- the Survey of the St. Croix will l)e ert'ec,t(fd is a g'n^at Doutt. Ai'tists are also (Uigajifed in taking- the Latitude and Longitude at the mouths of the two Rivers. The instant tlit^ Surveys are finished a general mnp is to be made of all Rn'crs and Hay (tf Passaiiunpiady, by Mr. Sproule the Surveyor (ieneral of New lirunswic, copies of which are to be delivere ^ ' respective agents to enable tlunn to perfect their argni .s and r(!}»lies. The Commissioners have ad- journed to the first Monday in June next, then to meet at Rhode Island, for the ])uri)os(! of deciding the Question, at which period they trust the general Map will be conipleated and the Agents ready to delivei* their r(>s|)ective replies. His (Jraee the Duke of Portland having forwarded to Mr. ('hipmaii His Majestys Agent lOxtraels fioni Champlain and Copies of his Maps, particularly of the River St. Croix and the Island on which the French built and wintered in 1()04; and that map having represented the situation and extent of the Buildings on the Island; Mr. Cliipman immiHliately sent to a (lentleman residing near that i)hiee a copy of the map, and requested hini to dig agreeably to the positions laid down. On removing the young growtli of Wood, which covered the 1 The statements of Adams and Great Britain to the King of the •lay are printcMlin full as Appendix Netherlands in 1824. 4 to the Htatoment presented by % 76 roRRKSPONDKNCK OF THOMAS RARCLAY I !i ?M < r (' j^ fiicc of thiit pjirt of flio Isliuid, find di^^irincf a vory littlo way under llic siirhicr, (lit; foundations of tlm frciicli Buildinj^s were found in an idmost jx'rfcnt state also tlu' Brick of vvhicli tlio ovi'u was niade. An old metal S[)Oon. Iron s])ik('s nearly destroyed l»y rusj, jieiees o)' ejirlhen und Iron [tots, and eliiii'- eoal in an iii)|)iii'ently pei-fect stnte, t)ut wliieli on Ix'injj; ox- posed to the Air slaked and erundih'd into dust. Tiiis discov- ery idenlilies Hie Island, and K'iver, luinied St. Ci'oix by the P^'cnch. I take the liberty to reinai'k to youi- Lordship that as the question now stj' i ;, and I know of no other testi- mony pro])osed to ])e adduced, there c^aii Ijc no doubt of a de- cision favorable to His IMajestys claims. One tliiujj however is absolutely necessary; to wit that the Aji'cnt Mr, ('hip- man is posses ,'d of that edition of Cliamplain, and the maps from vvher,ct^ the extracts and fac similies wt-re nuide, which have been forwai'ded. The Amei'ican A^eni has op})osed ad- mittinu,' the certiiied extracts and ma])s above mentioned in evidence; and 1 doubt the ('onimissioncrs receiving' them, while the origiiuds can be procured. Permit me therefore to request yoin* Lordships attentiim to having this Edition of Champlain forwarded during the Antumn or very early in the Spring. r hav(^ been so fortunate as to procure a, very excellent french Atlas published in 1755 which lays down the Rivers in the Bay of PassanuKinady very correctly, and gives the name of St. Croix to the Western Branch of the River. Also a french Map stated to be a correction of Mitchels. D. Anvills Map, and several other veiy favoi-able descriptions of the River; all of which I have delivered to Mr. ('hipman. FROM MR. LISTON. Philiulelphia W October 1797. Sir, I have had the pleasure of receiving your letter No. 6 of the 12th of last month (accompanied with a private one of the i 1 THE TRUE RIVER ST. t'ROIX 77 1 the I the same date) and have to thank you for the satisfaetory account you have given nie of t\w State of your proceedinjjs. I had sonu' weeks ago piv| tared a dispateli to His Majesty's Agent, which I meant to luivc accjonjpanicil with ii eopy of a eouph'of maps published by authority of the British (Joveniment at the time of the disfjutes with the Court of Fi-aiu;e (roiieerning the boundaries of tiie respective Crown." on this side the Atlan- tiek, whieli ultimately led to the war of IT.IO ; bnt I was pi'cvent- ed from sending my packet by a rej)()rt early spi'ead here, that the Commissioners were not to entei' on the Itusiness till next year, and that your stay at Boston would be cxti'emely short.' I have now resolved to forward the packet I allude to, to- gether with iMitehell's map, by some one of His Majesty's Ships of war that nuiy be bound to Halifax : and as 1 pi"(/pose to set out in a few days on an exciu'sion to Norfolk in Virginia. I think of carrying it with me, and delivering it myself into the hands of some of the Captains who I think will take proper care of it. His Majesty's Secretary of State comnuinicated to me the observation made by you on the ditfei-ence between the terms of your (■onunission, and those of the one given by the Presi- dent of the United States to Mi-. Howell, and His Lordshij) di- rected me to reiiuest an explanatory declaration on the subject on the part of the Ameri(;an Ministry. On executing this commission, I })er(^eived that Colonel Pickering was a little hurt as well at the imputation of inaccuritcy or insufficiency thus cast on an Instrument which had been carefully drawn up by himself, as at the surmise that aiipeared to be started respecting the sincerity and good faith of the Government of the United States. I did not therefore insist upon any change's being made in Mr. Howell's Commission, and contented myself with a general declaration, made to me l)y authority, that th(^ President would give the decision of the Commissioners full force and effect. I do not indeed entertain the smallest appre- hension that any ditliculty will occur with regard to the exe- 1 Colonel Barclay's return to Nova died about the 'JOtli of Sejitember, Scotia was hastened by tlie illness 1797, soon after Barclay's arrival at of his youngest child, Clement, who home. J L 78 CORRESPONDENCE OP THOMAS RARCFiAY c-utiou of tlie award of the majority of the Comniissioners, whatever it may be. I have &c. Rob. LisTON. TO ME. LISTON. I ; 111 ;ii M' [ r, i -1 ■ ml Sir, Auntipolis, 23 Dec' 1797. I was favored witli yom* lettei- of the 80tli of hist month a few weeks since. Mr. Chipman and myself will he greatly obliged to you i'or the Copies of the maps you propose sending by Captain ('ochrane. — It is neeessary His Majesty's Agent should be in possession of everything that has been published on the Subject to which his agency extends: and admitting all the maps vvhi<'h have hitherto been published of that part of the Rivei- Scodiae and its branch the Chiputnaticook be- yond the falls to have been merely ideal or at best taken from Indian information, still the general prevailing opinion of the direction of that River will operate forcibly in the decision of the ({uestion. It was my duty to communicate to Lord Grenville the vari- ance between Mr. Howells Commission and mine for His Ma- jestys information and to remove from myself all responsi- bility respecting it — In doing this my intention was the reverse of imputing imiecuracy or insufflciency to the instru- ments you mention as having been fi'amed by Mr. Pickering, on the contrary my letter plainly imports that the American Commission was drawn up in the Words of the fifth Article of the treaty, and that His Majestys Commission to me went be- yond the tixpressions used in that Article. Previous explana- tions on points which admit of doubt are all ways proper and particularly necessary where responsibility attaches ; nor ought constructions to be left open for future argument, when the present moment admits of an explanation. I am really sorry Mr. Pickering could suppose my letter above alluded to car- ried with it the most ''" '*^ant hint of a suspicion of the Sin- cerity and good Faith oi . e Government of the united States. ■1 Et m THE TRUE RIVER ST. CROIX 79 Inclosod is a copy of it, and yon will do mo n fnvor by oxplnin- inp it to liini, \v1k> assnfcdly nt tlie present very ninch niiseon- ceives what I liad rcpresfiitod. si- lie •n- ;au of )t'- tia- Liul ght the ,n-y MY- mi- ;es. FROM MR. LISTON. Philad('lphia, 4th April, 1798. Sir, Sinee the date (»t' my last (which was of the IJOth of October) I have not had the pleasnre of hearinp: from yon. On tli(> 4tli of December T forwarded from Norfolk (in Vir- ginia) a letter to Mr. Chipnian, which 1 tlatter myself he has received, since Captain Cochrane. U) whom it was entrnsted, had a very favonrabic i)assage to Halifax. It was accompanied with Mitchell's Map of North America, with the correction, and a (^opy of the maps pnblished by the Conrts of Great Britain and France, to illnstrate their reciprocal pretensions on the snl)ject of the limits of Acadia and Nova Scotia, prior to the war of 175f). These are the only materials that have come in my wa}' which appear to me to deserve notice ; and I have only to rei)eat what I have already observed on the subject, that Mr. Chipman seems to be already in possession of so mnch in- formation, and to treat the snbject with snch snperior ability, that he s(!arcely stands in need of any assistance whatever. I have received orders to nt^gotiate and conclude an addi- tional article to the Treaty of Amity Commerce and Naviga- tion, with a view to liberate you from the obligation of fixing (with a precision perhaps impossible to obtain) the longitude and latitude of the source of the St. Croix, and to stipulate some other method of ascertaining the question respecting the disputed boundary between the two countries. The American Minister is willing to proceed as soon as may be to this busi- ness with me (although he had at the same time authorized Mr. King to manage the affair in London) ; but the attention of this Government has for some tinu; past been so completely engrossed by their dispute with France, that it has been im- possible for Colonel Pickering to find leisure to give the neces- IMAGE EVALUATION TEST TARGET (MT-3) /- /> w.. ■^^ \ \ '^ ^ a\^<,^ 23 WEST MAIN STREET WEBSTER, NV I4S80 (716) 872-4503 Q. s W- #/. |W'7 ■ jl 80 CORRKSPONDENCE OP THOMAS BARCLAY sary considereition to the subject. As soon as it is in my power, 1 will transmit to you and to Lieutenant (lovernor Carleton a draught of the article we may think likely to an- swer the purpose, that you may favour us with such altera- tions and amendments as shall in your opinion be expedient. I have &c Rob. Liston. P. S. Since writing the above, I find by letters from Lord Grenville that the additional article alluded to in my letter is to be negociated in London. R. L. ! I ' r TO MR. LISTON. Annapolis 2nd May, L798. {Private.) Sir, Mr. Thornton ' by the last Post from Halifax forwarded me your dispatch. No. I of the 4th of April. Before this, I hope my letter of the 2)} of Dec' has come to your hands. It was put on board a Brig which was to have sailed from Digby about the latter end of December for Philadelphia ; the severity of the weather and violence of the Gales induced the owners to postpone her departure until March, when she sailed for Balti- more. I now enclose a duplicate, aiul hope you will be able to remove the unfavorable impression Mr. Pickering through mistake entertains of my suggestion t() Lord (Irenville. The letter and the njaps you s(»me time since forwarded by Captain Cochrane have been transmitted to Mr. Chipman, who is not a little flattered with the favorable opinion you entertain of his industry. I have no doul)t you will be pleased with the case he has made out on the part of His Majesty ; it was my wish to have forwarded a »!opy for ycnir and Mr. Bonds peru- sal ; the Secretary however has not yet had leisure to make me one. The Commissioners and Agents conceived it imnecessary, 1 Edward Thornton, the British Secretary of Legation. THE TRUE RIVER ST. CROIX 81 and a measure that would greatly retard tlie conclusion of the question, to ascertain the Latitude and Longitude of the Source of the River ; because the taking the latitude find Longitude at the mouth of the River and giving a minute description of the Courses and distances from thence to its source would completely answer every purpose intended and identify the soiirce beyond the possibility of future doubt. Under these impressions the Agents were permitted to apply to their re- spective Governments, that that part of the directions in the fifth Article of the treaty might be dispensed. By your favor I find that in addition to this " a new Articjle is to be negotiated in London whereby some other method will be adopted for ascertaining the question respecting the dis- puted boiindary between the two Countries." Ignorant of the particidar object this article is proposed to eml)race it is out of my power to give an oi)inion of its expedi- ency; still I consider it my duty to state for your and my Lord Grrenville's information the probable issue under the present Commission admitting it is pro(;eeded on according to tl.eir original instructions. — The River Magaguadavic con- templated by the Americans as the S'- Croix, can never be con- firmed as such. Its only support is Lidian tradition, while every document, description, actual survey and representation prove the reverse. — The Scoodiac therefore will be the river comprehended in the decision of the decision of the Comm"- — But as this River divides itself into two Branches some dis- tance above the falls, the one the Chipatnaticook tending very nearly north, the other the continuance of the Scoodiac West North West ; it will become a question with the Commission- ers which of these two Branches are to be considered as the S'- Croix intended in the treaty of 1783 — Printed and written evidence are in favor of the latter, to which I may add that on comparing the actual Surveys of these two Branches witii the most correct maps extant, the resemblance will be found to operate strongly in favor of the western Branch, particulai'ly at the Sources. It follows from hence that circumstances are in favor of the Question being determined to the extent of his Majestys claim, and even under the most unfavorable Event p ;ii I i: I It 82 CORRESPONDENCE OF THOMAS BARCLAY that an offset of upwai'ds of 20 milos West will be gained be- tween the Magaguadavic & Chipatnaticook. The course of the (■hiputuateeook from its mouth to its souree is very nearly north. By examining the maps, you will readily discover that a line drawn due North from the mouth of this River to the Highlands will leave a large part of New Brunswic to the Westward of this line and cut off the commu- nication between that Province and Canada; whereas a North line drawn from the Western extremity of tin; Seoodiac, if it did not leave new Brunswic entire, would take but a very small portion from it. If therefore the new Article in cor.tem- plation goes to confirm the Western Source it may be an object of moment. In the negotiation however the Magaguadavic must be removed even from the back ground, and the Chiput- natecook and Scoodiac spoken of as the only possible streains in question. I have taken the liberty to give you my senti- ments, least Lord Grenville might be induced to consider the question of the two rivers as still involved in doubt and from thence be led to yeild a greater e(}uivalent than he otherwise would do. In negotiating this new Article it is of moment to comprcheiul the Islands in the Bay of Passamaquady which ap- pertain to his Majesty beyond contradiction, some of tlie best of which are now in the possession of the Americans. The Agent on the part of the United States during the last Winter applied through Mr. Chipman for my consent to a farther adjournment of the meeting of the Commissioners, which stood for the first Monday in June, suggesting as his motive the survey, not being completed and the impracticabil- ity of his finishing the case on the part of the United States before he was in possession of a copy of the survey. To this application I gave a negative. He has since repeated his re- quest and in addition to his former reasons, added that in case the board met in June, he would be compelled to protest against delivering in his argument in an unfinished State and to pray a further day. Previous to the receipt of this, Sir John Wentworth had requested me in pointed terms to postpone if practicable the meeting of the Commissioners until the latter end of July, that I might attend the next Session of the House THE TRUE RIVER ST. CROIX 83 of Assembly. I have been therefore induced to aeceed to Mr. Sullivaus proposal, and accpiainted the other Com" if they had no ol)jection, I was willing to extend the time to the 23rd of July. From the communication in your letter I have reason to sus- pect Mr. SuUivan to be at the bottom of " the proposal for the additional article " you mention. I am led to this opinion from the very particular manner in which he stands pledged to con- firm the Magaguadavic as the St. Croix, not only in his His- tory of the Province of Maine, but the general Language he has held for years past in public and Private ; He must now be fully convinced that the Event will be unfavorable to his position and wish to avoid the Odium and censure that inevit- ably will follow an adjiulication unfavorable to his assertions, and the only uiethod of doing this is by suspending the present question and altering the nature of the issiie. TO MR. LISTON. IS re- ) case otest e and John one if latter louse I Sir. Annapolis, 10th May, 1798. I did myself the Honor on the second of this month to reply to your favor of the 4th of April, since which Mr. Chipman has enclosed me a copy of Lord Grrenvilles letter to you under date the 9th January last, from which I find I had given too exten- sive a construction to your expressions " and to stii)ulate some other method of ascertaining the ciuestion respecting the dis- puted boundary between the two Countries '' ; and that you in- tended nothing more, than that this new Article should, in addition to exonerating the (Commissioners from expressing in their declaration the Latitude and Longitude at the Source of the River, prescribe some particular mode for perpetuating the boundary between the North East Bounds of the State of Massachusetts and the North West Angle of Nova Scotia, the terminus a quo the North line deducted in the treaty of 1783 is to commence. It is unnecessary for me to remark the difficulty that at- 84 CORRESPONDENCE OP THOMAS BARCLAY t, :'•! ;■ f tends astronomical, oi* indeed any otlier observations in nncnl- tivatod ('ountries, and Climates subject to fogs and cloudy weather, that a variation of a few minutes will create a greater difference in the Longitude, than perhaps the nearest collat- eral stream is really distant from the River St. Croix, and that if at a future period the Latitude and Longitude should be again taken, the degrees expressed in our adjudi<^ation, may be found to correspond with the source of a stream, other than the one intended. To prevent these difficulties, it was the wish of the Commissioners that they might be authorized to omit in their declaration the Latitude and Longitudt^ at the Source of the River ; to supply which it was our intention to annex to the Declaration, as his Lordship very properly advises a cor- rect map of the Bay of Passamaquady with all its rivers, par- ticularly the St. Croix from the mouth to the source thereof, designating every stream or fork that empties its waters into it. A map thus compiled from accurate surveys, whereon the courses and distances are minutely laid down, and every col- lateral stream repi'csented on a proportionable Scale will inev- itably place the Source of the River beyond the probability of future doubt. The Comm". in establishing the point which is hence forward to be considered as the Source, will naturally take the upper most lake, or some other prominent feature near the Source, and from thence give the bearings and distances to the Source. It nuiy possibly not be amiss to erect a stone column on the Spot, as a monument, and to have it revisited every third year; I cannot however say I think it a measure either safe or necessary. The present dispute owes its origin to the want of correct maps of the Rivers in the bay of Passamaquady, and definite names to the river of all which the Americans in 1783 were equally ignorant with his Majestys subjects. The dispute is not as to the Source, but which is the River, and I take it for granted, the river once established, the source will readily be as- certaine',i tallied with thos(! in Sir Wil- liam Alexander's (Jrant, Mr. Jienson the third ('omnussioner wonld i-eadily have j^one with me in establishinj;' tlu^ most re- mote Western sprinjj on thci Seoudiac, as the Sonrce of the River St. ( 'roix, bnt as those Commissions use only the expres- sion of fo till' SoKtrc of the nicer ISt. Croix, Mr. Howell con- ceived the Chipntnatueook from its snperior nuijj^nitnde to be the branch, we were to follow for the Soui'ce; while ^Ir. lien- son and myself were of oi)iiiioii that the continuation of the Seoodiac was the real St. Croix, because it had ever retained the same Indian name with its waters, below this ranutication of the River. Mr. Benson, however, could not from the words of the treaty of Peace in 1783; or the boundaries of the I'rov- ince of Nova Scotia as expressed in the Connnissions to the tlovernors from the year 1703 lind himself authorized t( pro- ceed farther Up the River Scoudiac for the Source, than where the waters issue from the lake Genesagaragum-siss into the Scoudiac, a distance of not more than five nules from the mouth of the Chiputnatecook, as your Lordship will observe bv revertinj^ to the maj) annexed to the declaration. The fol- lowing were his objections. That previous to the year 1703 the only bounds to the Province of Nova Scotia were those expressed in the Grant to Sir William Alexander, tla^ then Western limits of which "were the most remote Source or Spring on the Westeiui side of the said River (the St. Croix) which first mingles its waters with the aforesaid River." That this most Western Source or fountain, was frcjm a literal trans- lation of the words, a stream of water diflferent from the St. Croix, and at all Events could not ex vi termini merelv be con- sidered the Source of the River St. Croix ; that the Commis- sions to the respective Governors of Nova Scotia from the 'I 92 C'OUKKSPONDP^NCE OP THOMAS BARVIiAY ostablislmiciit of tlio Province to tlio year 17(i8 wore general utul witliout t'xprcssiiij^ any particular IkhiikIs. In \1(V.], when ilio Fi-endi ceded Canada to (Jreat Hritain, the Nortliern limits of Nova Scotia were narrowed and confined to the Iliirhlands, &('., &c., a (^cnnniission to Montatfue Wilinot as Governor of NovaS<'otia issued soon after in which commission new bounds were c^iven to Nova Scotia in tlie Words followinjr. "bounded on the Westward by a line c 'awn from ('aj)e Sable across the enterance of the liay of Pundy to tlie mouth of the River St. Croix, by the said Hiver to its Soinrc and by a lino drawn due North from thence to the Soutliern boundary of onr ('olony of Quebe(\" These same boundaries are expressed in several Subse(iuent Commissions. That tlu^ Words to its Source in tlieso com- missions and in the treaty of Peace in 178;), arc very different from those of '' most remote sonrco or Sprinj^ on the Western side of ti.e said River whic\ first minj^les its waters with the aforesaid river" made use of in Sir William Alexanders (i rant. That a chain of Lakes could not be called a river, in proof ol" which Ml". Benson referred to the second Article of the Treaty of Peace Detween His Majesty and the United States of America, wherein the River St. Lawrence is considered to cease at the Lake Ontario, and all the Waters that connect the lakes from Ontario to the lake of the Woods an! called water (^onnnunications and not the River St. Lawrence. That the lake in the Woods was as much the Source of this River, as the most remote western lake of the Scoudiac was of the St. Croix. lie therefore could not with j)ropriety go beyond the first lak(> in tlie Scondiac for the: Source of the St. Ci'oix — so far ho could consistantly ^o, beyond it, all was nncertaiti, and mere conjecture. Mr. Howell adopted a similar mode of arj^uinf:^ for the Source of the St. Croix on the Chiputnate- cook. After much debate between ^Lc. Benson and myself as to the sonrce of the River, His Majesty's Agent, with the ad\nce of Mr. Liston the Envoy Extraordinary reques'^^d me to acceed to the Chiputnatecook provided 1 conld obtain the northwest Source of that River. To this point Mr. Benson, an, a matter of negotiation and accommodation between the I I THE TRUE RIVER ST. CROIX 93 uiitions, i-eadily assented.^ Mr. Howell declined boinj^f a party to the decliiratioii ; until it was enfjrossed and ready for ex- ecuition. He then reluctantly directed his name to be inserted in the Declaration, which he eventually sifxiied. By takinj; the Northwest Sonrce of the ('liiputnatecook, instead of the Scoudiae whore it joins the lakes, we {jjain a very considerable addition of territory, and the line to be drawn from tlience due North will intersect the River St. John very high up, some distfuico above the Grand falls. Whereas a North line from the hike (Tenesagara<4'uin-Siss would have crossed the Kiver St. John to the Southward of the Post at Presque Isle. By the present decision all grants under the ('rowu are se- cured. The mast country preserved and about nine-tenths of the Lands in dispute confirmed to the King; in addition to all which the Cliiputuatecook putting the Grant of Alexander out of the Question, is beyond all doubt the pi'in(!ipal feeder of the River St. Croix, and of course tin; Braiuih on wliicli the Source is to be found and from its direct course an inflnitely preferable national boundary to the npper part of the Scou- diae. I shall leave to His Majesty's Agent to explain the efft^ct our decision will have on the Bay of Passamafjuady and tlic Islands therein ; adding only this remark tliat tlie Commissioners could not find the mouth of the River St. Croix (agreeably to the treaty of Peace) in the Bay of Fundy, 1 Jutlge Benson's views as sum- not capable of being liquidated by mari/ed in this letter, were pre- calculation or dcjiuitr Itule, and served ir.oro at length in a MS. tlier«>fore to be assessed accord- nienioranduin, a copy of whieli was ing to (linccrniiiviit or discretion; a filed in 1S17 with the Commissioners latitude of arbitraraeui is in such under the 4tli Article of the Treaty cases sujtposed to be permitted to of tihent. It is publisiied in Uec. the Jurors, but as they must at the Mass. Hist. Soe., Oct., 1887. In re- same time agree in a precise sum, gard to the compromise concerning accommodation of sentiment .among the point to bo selected as the them to a degree is necessary and source of the St. Croix, lie says: consequently jnstilialde." This ex- " The reference, as it respected the plains Benson's readiness to assent *V)(/nY' of the River being as it wore to the selection of the northwest an appeal to mere Judgment or branch of the Chiputnaticook "as opinion, is in that view analogous a matter of negotiation and accom- to cases of assessment of damages, modation." 94 CORRESPONDENCE OP THOMAS BARCLAY % but at a Point near St. Andrews at the head of the Bay of Passamaquady. I have repeatedly observed to your Lordship that the sur- veys of tlie Rivers were the sole cause of procrastinating the decision. The Arguments also of the Agents have been dif- fuse in the extreme. These were closed on the 22d of Sep- tember, and the maps compiled from the Surveys by the Sur- veyor General of New Bruuswic arrived at Providence the loth of October. The Commissioners on that day entered on their decision and the declaration was executed on the 2Gth of tliat month. It has been my constant study to pro- mote His Majesty's Interest by every means within my power consistent with my duty as a Commissiouer ; and if my con- duct liappily meets the approbation of my Sovereign, your Lordship and His Majestys other Ministers, it will afford me infinite satisfaction. 'S3 4 of lur- the Llif- »ep- iur- the red the jro- vvor hon- our me CHAPTER III CONSUL-GENERAL, 17t)9-lS0'J THE qu(^stion of the Riv^er St. Croix boiiiji: thus hap- pily disposed of, Colonel Barclay, — after a brief visit to New- York, — returned to Nova Sootia in the lat- ter part of the year 1798 to take up again his duties at the bar and in the legishiture, and to go on with tlie de- velopment and sale of his lands. His children were fast growing up, and their settlement in life was begin- ning to claim his constant care and thought. Of the three eldest Eliza was indeed happily married; but Henry was a. -ost out of his apprenticeship as a clerk with Hartshorne & Boggs, of Halifax, and money would be wanting to establish him in business; while De Lan- cey was loitering away his time as an officer in a f encible regiment. To support a family of ten children — to marry the daughters — to buy commissions and partnerships for the sons — was no easy task upon the income and with the opportunities of a lawyer in a Nova Scotia village. But their stay in the British pi'ovinces was nearly at an end. Barclay's report on the boundary had hardly reached the Foreign Office when ho was appointed British Consul-General for the Eastern States of Amer- ica in the room of Sir John Temple, deceased. ' 1 Sir John Teraplo Bart, was tho relative, Sir Kichanl i'emple, of son of Robert Temple of Boston, Stowe In Buckinghamshire, in 1786, Mass. On the death of his distant he succeeded to this ancient baron- 95 'I '' 96 CORUESPUNDliNCE OP THOMAS JiARCLAY il 11 ■ * I i\ Oil Juno If), 1799, Barclay and his wife arrived once more in New York to find again the lionie which they had lost nearly sixteen years before. He was now just forty-six ; she a year younjjjer. Their danjj;hters were all with them, but of the sons, only Henry and Beverley accompanied their parents to New- York. (Tet)rj!je and Anthony, the two little boys, were at school at Wind- sor, N. S. ; for the gentleman of genius at £30 a year, whom Colonel Barclay had wished to import from 8cotlanappearod henoeforth from the family eirele. Public affairs for the first throe years after Barclay's return to Now- York wore a doubtful aspect. Tlu* Fed- eralists went out with Adams and the Republicans came in with Jefferson. The troubles with England wore temporarily ended, but no man could toll when they might break out again. With Franco we w{U'e actually at war. In Europe there was no peace. Ma- rengo and Hohenlinden were fought on land, and the battle of Copenhagen at sea. England took Malta an• of a th an rsons men, .| TO CAPT. BABRON, UNITED STATES SHIP CONSTELLATION. Sm; Hallitts Cove Long Island 1st Oct' 179!). Captain Champion of the private armed British Merchant ship the acquaints that since his arrival in the port of New York, many of his Seamen have deserted and left the Ship in violation of their shipping articles, and that some of them have been entertained at your recruiting rendevous in the City and eventually entered and received on board the united 1 Tho Constellation was built at of tlie ship of 1812. From August 2 Baliimore and launched in 1797 ; in to November 11, 1799, she was com- 1812 she was rebuilt, and techni- mandod by Captain Samuel Barron, cally is still afloat; but she has been who is not to be confounded with repaired so much from time to time his brother, the unfortunate Janus that there can be but little left even Barron. 7A -L- I 102 COKUESPONDKNCE OP THOMAS nAIlCLAY ■ 1 . states Fi'if^ate under your (Joniniand. I luivo iicquaintod C'aptain Chaiiipioii of my liavinj^ mo (loul)t but you wouhl on a personal application from him, deliver up sueh men as be- lonj^ to his Ship, for whiiih purpose he now waits on you. lie will inform y(»n of the veiy special condition on which he is chartered and the very probable serious (!oiuse(|uences which will follow to his owners in consequence of the loss of tlioso Men. In addition to the treaty existing; between (Ireat Hritain and the united States of America ; I am convinced the deli- cate situations wherein those two powers stand each to the otiier with respect to seamen, will have that weight with you which the present ease demands. From the very liandsome and honoral)le nuinner in which you have ever been represented; I anticipate a favorable issue to this application. As the present, from the CV)nstellation bein<; under orders for sailing the day after tomorrow, will probably l)e tlu! oidy opportunity I shall have of writing you on this Subject pre- vious to your return ; I am reluctantly compelled to add, that in case men are not given up I shall be under the necessity not only of representing the case officially to your Govern- nuiut, but of transmitting an authenti(!at(!d Statement of Fa(!ts to be laid before His Britannic Majesty, a nu-asure you must be sensible fraught with the most serious consequences. TO MES. GRACE KEMPE, LONDON. New York 2d Oct' 1799. Madam : Your favor of the JV of June came to hand only a few days since by the July Packet the Marquis of Kildare. Accept my best thanks for your polite and very friendly congratulations on my late appointment as His Majesty s Consul General for the Eastern States of America. I am gratefully sensible of this testimony of Royal con- fidence and favor ; and M"- Barclay and myself much grati- 4 r CONSUL-GKNERAIi, 17D9-1H02 103 ,'« fiod in Ix'injr onco moro united in tlio sanit' circle with many of those relations and friends wo so reluctantly parted with at the close of the AnuM'ican War. — An interval, however, of liftecn years has nnide an astonishing alteration in this City; so that I feel myself almost a pertVust stran^.ir in the ploco of my nativity.' — Hy removinjr to Nova Scotia, new connec- tions and accjuaintanees were formed to whom from their amial)l(! manners and storlinjjj worth wi; became ])articularly attiudied & of course the ])artin}^ with these in a great measure damped the pleasure a removal to this ('ountry would otherwise have pi-oduced; in addition to this the healthy and eharminj; elinuite of Nova Scotia was r(du<^tantly resi<,'ned by us for that of New York which nev(M' was healthy and latterly has become every Summer really pestilential. New York at this monunit is nearly deserted owiiif? to the prevalence of the yellow fever. I have not been in it for up- wards of a fortnififht, nor shall I enter it ajjain until the fever is removed. — All the (rcntlemen of tho Law havt^ also re- moved into the Country, so that at pre^;<'nt it is not in my power to sanction with their opinion, that which I shall give you of ray own. You are undoubtedly entitled Madam to your dower in the Lands whei'cof my worthy frieiul, your husband, was pos- sessed.'- This dovvei" will be valuahle in propoj'tiou to the Lands, and the State of Cultivation they are in — at .all P^vents your dower is worth some thing and you may safely make the exi)eriment, hecauso you will receive more than the trifling costs you will be put to. The State of New York I un rstand have appointed Commissioners to en(iuire into claims of dower and to report what they consider as an equitahle eipiivalent. This in your Situation will be better than being put into the [)ossession of wild or remote lauds for life, because whatever they report is given you as a satisfaction for your dower. con- rrati- 1 The population of Now-York in when a boy. Ho was for many years 178:J was estimated at 24,000; in Attornoy-({eneral of the Province. 17i)l) it was npward of 60,000. Having boon attainted hy the Act of '-'John Tabor Kempe was a native 1779, he removed to England, where of England, but came to New-York he died. * 104 C'OimRSPONDKNrK OP TIIOMAH HAri<'[iAY ' • ' Tho Seiison will ha too far advaiiood lu'f'oro this will p;ot to IuiihI for you to transmit me any orij^inal papers, so that you had b(!tt(T postpone sondinj^ thcni until March next, eitluT in Ji packet or Man of War, the latter is tlu! most safe. In tho mean time forward by tho first conveyanco your letter of At- torney with a memorandum or description of tho lands M' Kempi^ poss(^ss<'d and in which you (daim a dowi^r — Sitmition, boundaries, and number of Acres, toj^ether with tho title un- der wliich he held tlicm ; and if there is anv indorscnuMit on the (Jrants or Deeds of their inrolment or record in {^, annex an exact copy of it that wo may refer to the Koj^istry. It will afford mo real pleasure in this and every other in- stance to nmdcr you or any of the famuy every service in ray pow((r. M" lianday unites with me in sincere rejijards to your daufjfhters and yourself. TO MR. GREENWOOD. Sir; New York, 2* Oct' 1799. Inclosed is an extract from a letter I received from His R. H., the Duke of Kent, by the packcst from Nova Scotia,^ in which he advises me to apply to you on the Subject of procur- ing a Lieutenancy for my son Do Lancey Barclay with as little delay as possible in order that he may the sooner have permis- sion to purchase a Company. To effect this as there is not a Lieut^ in the Royal Fusiliers vacant at present, it is neces- sary my Son commences with the first step, that of an Ensign, and his R. 11. points to one you have tho disposal of at tho regulation — he thou proceeds to observe that Lieutenancys are daily to bo had on sinular terms, and rocommeiids me to apply to you in his name for your interest and good offices in 1 The Duke of Kent had resided at Duke liad at this time just returnod Halifax as Comniauder of tho Forces to Halifax after a short visit to Eng- from 1794 to 1798, during all of which land. He was the father of tho time ('oloncl Barclay was Speaker present Queen of England, of tho Provincial Assembly. Tho ■) '4 CONSUL-OENERAL, 1799-18(»2 10.') fiivor of my son. Tlin directions of his U. II. to mo will, I trust, bo a siifllcicMit apolo^jy for my ('(inuneiiciti}; thus ab- ruptly u (MM'rcspoudcuoc, and recjucstiuiij your assistance in offeotinf» my wislies. Af tlio (•(•niincnccniont of tlio present war, and undtn* tlie erron(M)us o])inion that its (uuitinuanee vvouhl be l)ut of shoi't duration, I was iufbiced to put iy Son l)e LaiHH'y Haie Breton. When lu^ first entered the; service it was not my intention ho shouhl continue it as a profession ; he, however, appears fond of it, and in coinplian(!e with his rc- ve he will be first or seeond for the rurehase of n liieuty. when one falls vacant in the Hej::inient; which is the oidy eliance of his obtaininj; a Lienty. as they are become now very scarc(> and dilhcnlt to be had. AVe have also tlie pleasnre to aciinaint yon that the En- sifi'iicy was pni'chjtsed nnder tlu^ W(>{;nla(ion, havinj; been «,'ot foj* ;{,")() (Jnis. Ensign Barclay's Coniniission is Dated the 11"' -Jannary. It will be necessary for yon to write to the Coinmandiiig Oflicer of the Hegt. Lieut. Colonel Thomas, stating wlien Ensign Harehiy will join. We have etc. Cox & Gkkrnwooi). TO HIS majesty's rOSTMASTERS-GENERAT.. Now Yoi-k Coiisu. (Umerals Orticc^ 15 March 1800. Mv Lords: 'lis Majestys Packet Boats and Mevehant Vessels having ever since my arrival at this place snffered great inconveni- ence and occasional delay in conseqnence of the desertion of their Men, and the impracticability of regaining them nnless by the tedions and ordinary process at Common Law; in- duced mo to represent the gri(>vanee to some of the leading mend)ers in the House of K'epresentaiives of this State, and to rcqnest them to procure a Ijaw for th(> summary trial of deserting, or absjinting SeanuMi ; A ineasure founded in Justic(^ and due to all Nations in alliance with the United Stat(!S of America. I am happy to accpuiint your Lordshii)sthat my application lias succeeded and have the honor to inclose yonr Lordships a Gazette contiiining the Act i)assed for that purpose. Your Lordships will observe from the words of the Act that the Agreement by the Seamen to perform a Voyage nuist be made in writing, 1 take the Liberty to suggest this, from CONSUL-dKNEKAIj, 17!)y-lH(VJ 107 the Captains of I'aciiuots haviiii; rejjcatt'dly iiifoniicd nio tluit it was not custoninrv for scamoii onii)lovt'(l in lliat Service to sirvice, beinjj^ in future under Articles, to enable me to recover them in cases of desertion. Act Invust I from TO MR. 13ROUGHTON. New York ()'" May ISOO. DkaR SiK: Your favors of the 24 tfc ;{1 of January I received by the Earl iJower Tacket, The letters aceom])anyini^ them a,ddressed u\f IV 108 CORRESPONDENCE OP THOMAS BARCLAY -.: t ':' I I I II fM to persons iu this City were immediately delivered, and those for Canada forwarded the first Conveyanee. I am much oblin'tHl to you for the purehase of my two half Lottery tickets and your attention in forwarding the numbers; pray favor me witli tlicir fate.i Will you do me the favor to send me a hand Bill of the Rates for Life Insurance and Endowment of Chil- dren at 21 years old. I will thank you to discontinue my Lon- don paper, as we generally have later European news by pri- vate Conveyances than by the Packets. Instead of these send me the Antijacobin Reviews and any political Pamphlets of merit from time to time published. TO LORD GRENVILLE. New York 7"- May 1800. My Lord: I did myself the Honor of writing your Lordship by the last Packet on the Subject of an Act of the Legislature of this State ; a printed copy of which I took the Liberty to inclose to your Lordship. It is with no small degree of disappointment that I am ;in- der the necessity of acqmiinting your Lordship that I was pre- mature in the Communication, and that the Bill after having passed the house of Representatives and Senate of this State, was rejected by the Council of Revision. Permit me, however, in my own Justification, to remark that previous to the meet- ing of the Legislature I had recouimended the Bill to two or three of the leading members who promised to bring it for- ward, and that I not only had the public prints of this City as the Channel of information that the Bill had passed, but also the Mayor of the City who read me an extract from M"" Rigg's letter (a member of the Legislature) wherein he desired the Mayor to congratulate me on the subject. With such testi- 1 Barclay was constantly buying clay, of Bury Hill, These ventures State lottery tickets in London cither seem to have been uniformly unsuc- through Mr. Broughton or David Bar- cessf ul. . ii CONSUL-GENERAL, 1799-1802 109 mony, I considered it a matter beyond all donl)t, and accoi d- ingly gave it to your Lordship, as I was convinced it would afford you Satisfa(!tion. The Bill was rejected l)y tlie ('ouncil of Revision upon a prin- ciple tliat it was a commercial re without a lino to my de;ir Father I have not yet been able to obtain a i'reneh master, thou<^fh i' the mean time I think I am losin nothin while I am makiufjf myself master of tho (Jrammar, and writinj^ freneh, and fnMjuently havinj^ an opportunity of si)eakin;? it. It is now after two o'ciloek thoretVu'e I sliall bid you j^ofxl mornin£^ and retii'e to my bed, as I rise at six. I shall write yon iij^ain by the iirst ^ood op- portunity. Believe mu ever your very sineerc and aflfectionato Hon D BARCfiAY. Should the jjfcntleman who takes char<:;e of this and with whom 1 dined a few days since whoso luunc is Mr. Leith come to New York (of which ho is not certain) and call on you I will thank you to pay him some attention, uot to put yourself out of the way, should you have a party while he is there in- vite him — he is in the iir trade. h ihi i J TO LORD CtKENVILLE. New York ll!'" Marcii IhOl. My Lord: I have the Honor to inform your Lordship that the Presi- dent of the Chamber of Commerce of Philadelphia a few Weeks since, wrote an official letter to the New York Cham- ber of Commerce wherein after remarking the immense num- ber of ame»'icau Ships captured by Ilis Majesty s Ships of CONSUL-GENKRAIi, ITDO-IHO'J 119 iX Rtul [•vauts, I iitTcc- •LAY. )to you oyuiutc .>t ))een tiino I inastor liavitij; (M'Aoi'k my Ited, ;oo(l op- [itiouatc rr.AY. nd with th come u you I ourself icre in- 1801. |e Presi- a few Cliam- 36 num- Ihips of War, lie aoqu.-Vmlcd \ho New York ('hamlier of (\niimer('o of tlu! ii of t\w IMiiladclpliia Merchants, to petition the President of the riiited States to <,'nint in future convoys under certain i"e<:fuhitions to inerclnints ships that their ]>ro- perty niij^ht ho socurod a^^ainst Jritish depre(hiti(»ns.' The chanilxM' of (/Oiuniereo of this pla^e have not eo operated witli the IMiilach'lphians unih-r a conviction that their proceedin«]fs were too hi<>h toned and that- it was prohable tlie l*resi(hMit of th(i United States mij^ht nnnedy the evil eoniphiined of by a more eonciiliatory line of Conduct. They luive therefore re- ported to the President tlie Ca[)tures of Sliips from this Port by Uritisli Sliips, and subjoined the facts respecting each in- dividual Ship leaving the Presichmt to adopt such measures as he conceived wotdd best remedy th(! evil. — M' Hond His Ma- jestys Consul (ieneral at Philadeli>hia will prol)ably furnish your Lordship with the particulars of tlie proceedings at Phil- adelphia. I have not vet learned whether any thing has been done to the Eastwai'd: but consider it certain that application equally viohuit witli tliat from Pennsylvania will be made by the ^Merchants of Baltimore, Virginia and the Carolinas. I am happy to inform your Lordship that the respectable part of the Mercantile Interest in this City are federal and warndy attached to (1 Britain; and that altho' few (^f these Charac- ters ordinarily attend the meetings of the Chamber of (bom- meree; I had intluence sufficient to procure their att'. iidance on this occasion, and to them and a few others, the lenient measures adopted are to be attributed. I intreat your Lord- ship will pardon me for obtruding this unsolicited, but zeal for His Majestys Service compels me in this instance to break through all rule ; under an impression that it is probable your Lordship may be ignorant of what the Americans, with I fear some justice, complain of. — There are few if any instances of (captures in Europe, or decrees in the Courts of admiralty in Great Britain that ai'c considered otlierwisc th; n equitable 1 III American State Papers, For. ber of Coramereo, to tlie Secretary Kel., Vol. 11, p. 347, will be found a of tbo Navy, dated Feb. 17, 1801, letter from Tlioraas Fitzsimmons, which is evidently the "petition" Chairmanof the Philadelphia Cham- referred to. 120 COKHKSPONnKNCK OF THOMAS HAKChAY : t hi ;ui(l i'iiir by the Aincricaiis; ni. I Imvo scarco cvt'v lii^ard onv Couvls ill l<]iiii:lniwl spoken of by tlu'in cxs't^pl in Icnns ol" iho Iii<::li(>st vt'spccl. — Hill the cry is univorsal from one »mu1 of llic ConliiKMit lo Ihc otl)(M* \hi\i llic CniiztM's in AnuM-ifa and Mil' WosI Iiidit's send rvcry AnnM-ican Vcssi'l tlicy intu'l, into one of bis Majc'itys Colonial I'orls for adjudication and that, tbc flnd^i's of tlio Provincial (\)urls of \'icc Admiralty loo }j;(MU'rally comlcnin, and in cases where an acipiital would have been decrood in Kn^land. To app(>al they remark is so nearly allied in its consecinences to a total loss, that it is not, worth the pursuit. First, from the Icnijth of time that olapsos before a decision takes plac(> — and secondly the immense ex- pense' alteiidinu: appeals. — I am satistied my Lord that not a little of biiiemies property is covered by the Americans and that articles I'outraband of W'tir are frequently expoi'ted from the States: but 1 am equally certain that bona tide American property is too often iniprojierly condemned in tlie I'rovincial Coui'ts of Aibnirally. From hence it is that t.lie Americans feel injui'cd, and unless a remedy is applied. I fear we shall not lonii: continue on a friendly footing- with them. — The Eastern States ai-c at the present moment more iiiMiily at- tached to (i Britain tluUi at any period siiire the year 17S.'{, and would bo perfectly satisfied if the least alteration was made by (loverumeut for tlu' protection of lawful American Property from caj)ture and condemnation. — What I have statod to your rjordshij) is in perfect ccmfidcnce and f hope will not bo considered by your liordship out of place. Permit nio to intreat that my name may not be made known as tho author of this communication.' i % m 1 1 The siibjci't (roiUoil ol' ill this U'l- tor liiid uli't'iiily ciigiij^i'il tlm iitloii- ti*»n of tho Ministry. By a lottcr from liord (iioiivilic, (hitinl JniiUMry L"J. ISOl, the Kii\p;diroctcatho lior.ls Coimiiissioiicrs of the Adiiiir;ilty to revoke nil the \)r\7.o eoimuissioii.s which hiid theretofore been >:;rante(l to the iinniero\is Vice Admiralty Conrts in fhe West Indies aiid in other British Colonies. The irregu- larities which had |>revailed in Ihoso Courts had lonj; jjivi-n occasion for complaint; and the (lovernnient "thou^rht ]>rop(>r. by lessening their number, by extending their jurisdic- tion, and by increasing tiio salaries of the judges, lo give them greater conse(iuence and dignity, and lo in- duce gentlemen acquainted with the '" s I C'OXSrri-dKN'KKAIi. 179!)-1S0'J I'Jl ■'1 ■'i ro MHs, mai{(;ahf.t i>k lancky. N.'w Voik.'l'' Miiy ISOl. Mv DKAK Madam — ^'()Ul• r.'ivor ol" tlH> I.V' (tf !)(>(!' !Ui(l 'J()"' (»r .iMiHUiry 1 li!iv(> lijid llio sMlisfaclioii to iV('t'iv(>; luitl luid fliitlt'i-cd inyscll' llial it would IxM'orc tins luivc b(>tMi in my po\V(>r ((» Imvo i!,"iv»Mi you Iht' ]>lt';isiiii!f iiit"orm;itit>n of Mic S'tllcmciit of your (lower willi lilt' Shilc of \(>w Yoi-k. !''or which pufposc. ns I ini'oruK'd you List Auluniu. il w;is ur.'i'ssni'y to hnvc nu iiccuridt' list !ind valuiiliou of ciich lot. l»y appviiisors, iipp«)iult'd by tlu» CoMnnissioMtTs ol' this Stiitc — Throujj:!! M ('Mdwall.'uhM- Col den your Atlorucy I'or this |)urpos(\ 1 thcrct'ort' jircscutcd the CouiniissioutTs with twelve n'spcctahlc n;ini('s and desired to nonnuate three out of liial uuinber — They dii-i>eted the lirsl thi-ee to 1>(> taken; who with <;i'eat. iittentiou and industry, aided l»y Stanton »!v: ;i Surveyor, eoniplet(>d the I'eturu in lA'h- i-uiiry last ; the total valut* of the l'islat(>, e(uni»uted at, (llM.TDT dollars iV: tlie annual vahu' thereof at :U),S:{1 .— With these doeuiutMits and a |)t>tition drawn \i]) by me in your nann> M' ('olden proceeded imni(>dialely to Albany, and laid them be- fore the (\)nimissione)'s — The liefi:isl;itur(> of th(> Stat(> w.as then sittinjj: in that, City. The Commissioners havin-j: (>x- amined the valuation, nuule by (jorman. K'ussel iV: ('armer the appraisers, were of opinion, thai it was an ecpiit.'ible appraise- ment ; but Jis your demand .amounted to ;i. Sum inlinilcly be yond what, had ever come before them, they consideretl it t heii' duly, altho vested with fidl p(»wers I., purchase your rele.ast' of dower, to report, the facts to the Leij^islalui't*, iind to ju'ay liiw, and tlio iTaftii'i" (if the Courts .•niDtlicr .l."-0()() ii y(>ar. Mini iiiii|ii(> in l''iii:;lini(l. imd jiMrliiMilarly sdimc liavin^ Ix'cu ^ivcu np liy tlic Treaty (>r tli(> advocates ot' tlie civil law, to of Amiens, ii Vice-Admiralty Court accejit of these judicial otlices." Ac- was (Established at I'.jirliadoes. See oordiiit,'ly by an act of Parliament Inlroiliu'tion to Stewart's Adm. Ke- (41 (ieo. Ill, Chap. !!()) courts wer(> ports. American public opinion was established at Halifax. .lamaicaaud no betl(>rsatislicd with the decisions Mar*iui(pi(> only, and sMlari(>s were of the m>w courts than with those of authorized to be paid of .C'-'tHU), their predecessoi-s. bosid(>s per(piisites not to exceed I I, 122 CORRESPONDENCE OP THOMAS BARCLAY • }■ ■ i! tlieii' orders thereou — A committee was appointed to take tlie same into consideration and rei)ort. M'' Golden attended tliem and they some days after made a private report, which I un- derstand from good Authority amounted to this — Tliat the appraisement was (consistent and rather under than ahove tlie vahio of the Estate — Yet that it wouhl be itni)roper foi* the IFouse of Assembly to sanction the Commissioners in pay- ing so large an amount as you would be entitled to, on the Scale used on former occasions by the Commissioners ; for if they allowed you an annuity during your life, it could not be less than 8000 dollars per Annum and if a sum in gross it would amount to near 80,000 dollars. — Such compensations to Widows of Loyalists, they imagined would make no little noise in the State and prove injurious to their political Interest — They therefore recommended that the Commissioners should not for the present offer you any compensation but that M' Hoffman the Attorney General, be directed to defend every suit commenced for the recovery of your dower, create every possible delay, and endeavour so to perplex and exhaust your patience, as to induce you to a second application, and then that the Commissioners might pay you 30,000 dollars for your I'clease in fidl — I relate the above in confidence and intreat you will not let it be known, as it might injure me — Under these circumstances we have now no alternative but to commence Suits — In this, I shall use every possible discre- tion ; for if tlie Coiu't should determine, that you are to pay your own Costs, which I fear will be the Case, a large propor- tion of the property will not be worth suing for — I mean vacant lots, and those whereon small tenements are erected. — At the same time, it will be necessary to sue all the Tenants of the Freehold, who possess property to any amount, and to liurry on these suits, in order to render them anxious on their own account, and compel them in turn to become Petitioners to the Legislature during their Session in February next — If we can effect this we shall turn the tables on them and obtain a better compensation. — Of this rest assured that I shall act for you as if the stake was my own, and that neither at- tention or industry shall be wanting on my part — By the ad- CONSUL-GENERAL, 1799-1802 123 % vico of M' Harison I have retained G iieral Hamilton the ablest Conncil in this place to assist him and in Jnly next, it is more than probable that your claim to the property in Broadway will be ljrou<|ht to a decision. In the mean time I intreat that by the earliest good Ameri- can conveyance you forward me, every paper relative to the Estate of your deceased husl)and, for property in the city, or elsewhere — The wild lands you mention, have probably been sold by the State, are now under cultivation and worthy your attention — Send me also the affidavits requested by M' Colden — It was stated in the house of Assembly that M' Do Lancey had given long leases for a part of this Estate, and that you had joined in these Leases — Also that ho and you had con- voyed Mount Pit to Judge Jones' — Pray answer me particu- larly as to these suggestions — Stanton tells me M' Do Lancey had repeatedly said to him, that as M' Jones had not any Chil- dren, he did not intend to give him a deed for the property — TO LORD HAWKESBUEY.- New York 12 May 1801. {Private.) My Lord I consider it my duty to ac(iuaint your Lordship that it is generally reported in those States, and I suspect not without truth, that the Government of the United States are resolved to refuse complying with the increased demands of the Dcy of Tripoli ; in consoquence of which it is supposed the Tripolitan Ships will have orders to capture all American Vessels. — To protect the Amtu*ican Commerce in the Mediterranean it is 1 " Mount Pitt" was the town houso of Judge Thomas Jones, the Tory historian of New-York. It lay not far from Corlear's Hook on the East River. Mrs. Jones was Anne De Lancey, a sister of James. - Lord Hawkesbury had been ap- pointed to the Foreign Office Feb- ruary L*0, 1801, on the formation of Mr. Addington's Ministry. He is better known by his later title of Lord Liverpool. J—L i '■ V' ' 1 1 ; i ( ■ 1 ■, 'i 1 1 i ' ! I '1 III 1'^ in 124 CORRESPONDENCE OF THOMAS BARCLAY said that a Hciuadron of five Frij^atcs and two Cutters are to be sent to cruise in those seas, with orders to act defensively only for the present. — The Ships are to rendez^'ous in the Chesapcak without loss of time, and will probably sail in a month from this. I subjoin the names and force of the Ships to be employed on this Service Guns United States 44 Constitution 44 President 44 (Congress 3G Essex 32 TO LORD HAWKESBURY. New York 5"' June 1801. My Lord — Complaint has been made to me that two officers who served in the Provincial (^orps during the Am" War and who are now in the receipt of half pay, have taken the oaths of allegiance to the United States of America, and in that oath in positive terms and by name, abjured our most gracious Sovereign. — ( rabriel V Ludlow Ensine in Brig' General De Lanccys Bri- gade — and a M' Thomas Carpenter, at present of Saratoga in this State, but to what Provincial Corps he belonged I cannot learn ; are the persons who have taken these oaths. It is not for me to make any remark on the Conduct of these persons, or to observe that prudence dictates that the allowance of half pay, should be with held from Characters of the above description ; but it is a lamentable fact that there are at this moment a great number of half pay officers, who have become subjects of the United States; and many of them violent in their principals and Conduct in opposition to His majesty and the interest of the united Kingdom — ;i6- -1: -y ■i 4 CONSUL-GENERAL, 1799-1802 125 TO VICE-ADMIRAL TAIIKER. ■t ■'•■'' New York 8tli Juno ISOl. Sir: The inclosed letter will give you in substance the latest ac- counts that I have received fi-oni Virginia respecting His Ma- jesty's ship the Boston and tlie french Frigate the Semillante. By a schooner that left Hampton roads on Tuesday last, I am informed that the American Squadron and the Semillante lay there apparently reatiy for Sea. Should the Semillante wait the sailing of the American ships, it is probable she will not be out in some days. Captain Douglas has almost a daily communication with Col. Hamilton the Consul at Norfolk. Monsieur Pichon charge des affaires from the french repub- lic to these States called on me a few days since on the subject of a flag of truce, whicli he wished and I had declined. In that conversation I drew from him that he had sent sixty peo- \)\e of colour who had been prisoners to the Americans to Bos- ton to assist in manning the Berceau. These men have gone most reluctantly and although ex(^hangcd were kept in Gaol until embarked for Boston. I suspect the Berceau has sailed by this — her destination I have not been able to ascertain.' The news from Egypt is the more pleasing, as it contradicts the french reports.- TO VICE-ADMIRAL PARKER. uct of at the tcrs of there who them o His Sir New York 24 June, ISOl I have the honor to inform you that early this morning the French armed Brig the Mutine of 10 Cuns, Avith an armed 1 Tlie Boreoau was a Freiicli cor- vette cai)turcd in November, 1800, by the U. S. Ship Boston. She was restored to tlie Frencli Government in accordance with the third article of the Convention of Sejjtember liO, 1800. The U. S. S. Boston is not to be confounded with the Britisli frigate of the same name. The American vessel was built at Boston in 1799, and came to an ignominious end in 1814, being burned at the Washing- ton Navy Yard to avoid falling into English hands. "The "news from Egypt" was Abereromby's victory at Alexan- dria, Marcli 21. 1801. n 1 1 120 CORRESPONDENCE OF THOMAS BARCLAY y I II: 11 W I 1 Ml 11 n Mercliant Ship of ten Guns from Cayenne came to an anchor about four miles below this City. I have not yet been able to learn precisely their object or destination, a confidential per- son was on board both of thorn last Evnjjf on entcrinL? the Ilook, but as ho did not speak frcnch, and found only one man on board tlie Brig wlio could speak English, he obtained but little information. It appears that the Ship has a number of exiles from France on board who had permission to leave Cay- enne, l)ut I have not yet ascertain(Hl whether they are to go to France or settle in America. On Board the Mutiue the men and ofliccrs were very inquisitive to learn whether there were many British Ships in Port, how many had lately sailed, and if there were any nearly ready for Sea — I have sent back the person above nu?ntioned, with another equally trust worthy who speaks frcnch ; but as it is uncertain whether they will return in time for the New Brunswick Ves- sel, which leaves this in an hour or two, I have determined to forward this imperfect Statement. About two hours after the above vessels came to an anchor, His Majestys armed Brig the Serpent commanded by L' Dwire came up to Town. He in- forms me that he was ordered on a Cruize by Admiral Duck- worth with orders to proceed as far as 35 North Latitude and if possible speak one of the Ships belonging to your Squadron, to inform you that on the 28 of May two frcnch Frigates of 48 & 44 Guns had got in to Guadeloupe from France. Near that Island they were met with by His Majestys Ship the Androm- acke who exchanged a few broadsides with both of them, but the frcnch frigates avoided the action and got into Point Petre. — That the Admiral was suspicious they would en- deavour to get out, and probably come on this coast. L' Dwire adds that there is a chain of Privateers from Guadeloupe ex- tending from Longitude GO to Newfoimdland — That one of these had captured the Duke of Kent Merchant Man ladened with fish, which he recaptured in sight of Guadeloupe — L' Dwire put in to this place in distress, having sprung a leak and making so much water as not to be able to keep his ship free with one pump — The Carpenters go on board the Ser- pent early in the morning and I hope in two or three daj^s she 7\ 5 ' I CONSUL-OENERAFi, 1799-1S02 127 I auclioi' 1 ll\>l{i to tial pei'- nwg tlio Olio man uumI l)ut mibei* of ave Cay- to go to the men eve wert! ik'd, and I another m certain v'ick Ves- mincd to after the . Brig the . lie in- i-al Duek- tnde and Kjuadron, ates of 48 *^ear that Androm- of them, ito Point onld en- I* Dwire oupe ex- it one of ladened lupe — L* ng a leak liis ship the Ser- days she 1 will be ready for sea. — 1 am very apprehensive L* Dwire will lose many of his men — He liowever thinks otherwise, as they have been some time on board tlie Brig, and. have ujiwards of CSO per man due them for prize money. — In case the Mi'tine attempts to put to Sea wliile the Serpent remains liere, I will procure him as many volunteers as he nee N to pursue her — The Serpent ho assures me sails remarkably well, and he as- sures me lie is equal to lioth these ships — He passed in com- ing up within half a cables length of both of them, and tells me the Mutiiie has very long six pounders, so that they must be loaded out side — On Saturday the Berceau was still at Boston ready for sea. She has shipped 50 American Seamen, discharged from the Am" Frigate the (constitution, at 200 dol- lars per man for the run to France — This is correct, should she therefore fall into our possession you will of course taki; care of these men amongst whom it is to be feared you will find British Seamen — Accept my best thanks for your polite andf riendly answer respecting my Son on board the Boston, and for your assent that M' Izard my nephew may join the Boston until you have a proper ship whereon to hoist your fiag.^ I intrcat you to pardon this hasty letter, written under great distress of mind, my dear little infant being dangerously ill — TO MR. THORNTON." Ncw York .'JOth Juno ISOl. Sir — I am this moment honored with your letters of the 27 & 28 Current, the former accompanied with copies of regulations es- 1 "My son " was Thomas Barclay tlio younger, then a niidshijimau aboard H. M. S. Boston. "Mr. Iz.ird my nephew " was a son of Ralph Izard of South Carolina, whose wife was Alice De Lancey, a sister of Mrs. Barclay's. Young Izard must have been a guest of the Admiral's, for none of Ralph Izard's sons were in the British service. Perhaps this is Raljih Izard, Jr., of the U. S. Navy, who distinguished himself three or four years later at Tripoli. 2 Thornton was at this time in charge of the British Legation in Washington, Mr. Listen having re- turned to England about a year before. 128 CORRESPONDENCE OF THOMAS HARCFjAY 11 tablislied by tlie American Uoverninent in 1794 & 179"), to whicli pavlicular attention sliall 1)0 paid — I received al)ont a fortniglit since from M' Maston of Wilminj^ton, Delaware, who arrived at Boston from Halifax Nova Scotia information that the British Vessel he was in, had been chased and fired npon near Oape Cod, by a small french privateer Scliooner — on his arrival at Boston and making mention of the Circumstance, it was generally supposed she was the Borguine, Dallas Master, who had entered and cleared as a Merchant Vessel and after leaving Boston, mounted Guns, concealed in her hold — I learn from a Captain Stewart, a few days since from the Bay of Fundy, that close in with Marthas \ ii.eyard, he was hailed and spoken to by a stout armed french Brig; and which from dates could not 1)0 the Mutine now in this Port — of all these cir- cumstances, I have informed Admiral Parker, l)y two Convey- ances the last of wliich sailed on Sunday — I have likewise made him acquainted with the french armed Vessels being in this Port, and what Admiral Duckworth, directed Lieut Dwyer to communicate to the Commanders of any of the Ships ap- pertaining to the Halifax Station — I have not seen L' Dwyer, since the day of his arrival owing to the distressed situation of my dear infant, who lay in Con- vulsions from Thursday until Sunday, when it expired ^ — I however not only urged him to hasten her being ready for Sea, but desired M"" Shanyon, who superintends the repairs to fur- nish as many Carpenters, as could work to advantage. — I shall see him in a da> or two, and if necessary i)ress his stay, if consistent with his instructions — '. 'f i! 1^ TO LOKD HAWKESBURY. New York, 8 July 1801. My Lord, A number of national french armed vessels and some priva- teers have within the lai-T six weeks made their appearance on the American coasts and I am very apprehensive will injure 1 Cornelia, born May 23, died June 28, 1801. :^ ) 1 CONSUL-GENERAL, 1799-1802 129 795, to ^hont a ,re, who on that m1 upon - on his tauce, it Master, 1(1 after Lokl — I 3 Bay of iU^d and m dates icse cir- Convey- likewiso being in t Dwyer hips ap- the British trade, not only to these States, Init His Majesty's eolf)nies on the Continent. The Halifax Sqnadron nnder Vice Adni' Sir Wl' Parker is very weak, eonsistinjif at present of only three frigates and t^vo sloops. Of these the Cleopatra is detached to Jamaica for Specie for the pay office at Halifax. The Boston is and has been since the 26 of April at the Capes of Virginia Idockading the Seinillante a french frigate laying in Hampton Roads, and the Andromache sailed about a fort- night since for Virginia to relieve the Bostcni, who wants re- pairs not having been in port since last Autumn. The Pheas- ant sloop is off Boston waiting the Bercean, a stout french corvette, captured some time since by the Americans, and lately restored to the fren(!h. The LiUy is either at Halifax or cruising — Your Lordship will perceive that the Lilly, a mis- erable sloop, is the only ship, tliat can at present be detached to protect the trade from Cape Breton to West Florida — and there can be no doubt, but the nunil)ers of french ships of war and armed vessels will increase in proportion, as it is discov- ered, that tliese shores are unprotected — il owing in Con- KhP — I for Sea, s to f ur- I shall stay, if 1801. [e priva- jance on Il injure rO LOliD HAWKESBURY. New York 3 August 1801. My Lord. Your Lordsliij) is undoubtedly fully informed of the im- mense emigrations that have taken place during the present season from G Britain and Ireland to these States. Of the cause however I suspect His Majestys Ministers are ignorant, under this impression I take the Liberty to state, that there are several Societies formed within the United States consist- ing principally «)f persons who have either from political or religious principles left Grreat Britain and Ireland, who keep up a constant correspondence with his Majestys Subjects, and by every conveyance send over to England, Scotland, and Ire- land, seditious inflamatory publications for the express pur- pose of rendering His Majestys Subjects dissatisfied with their present situation and the measures of Government — Describ- 'M' Ifii \ i L t 1 i ! I t \i H 130 CORRESPONDENCE OP THOMAS BARCLAY inp: thfiir own onvicd situation in America in tho enjoyment of Liberty and equality, free from taxation ; and painting these States as a field where wealth is reaped with care and moder- ate industry. — Of these mischievous societies some are headed by dissenting? Clergymen, who were obliged to leave G Britain on account of political violence, these men in addition to the above mentioned arf:;:uments,urge fanatical persuasionsardhave deluded most of the Welsh that have emigrated this year. — Part of ray information I have from the unfortunate Wretches who have come over, and from finding themselves deceived; are more anxious to return, than they originally were to come out. — Near one hundred have at different periods made application to me for passages home, which was not in my power to grant; I have however given three Welsh- men passages in the Prince Earnest Pacquet, in the hope, that on their return they will by their representations effectually prevent any more of their Countrymen from giving faith to these wicked representations. Abont two months since I received correct information that a society was established in this City for the purpose of com- municating with His Majestys Subjects in (Ireat Britain & Ireland, in order to render them dissatisfied with their situa- tion, to encourage them to attempt a revolution and in the event of that not succeeding to draw these over to this Conn- try. Cheetham ^ an Englishman, the Editor of a newspaper, John Woods,^ who had taught drawing in the University at Edinburgh, and a John Thomson, Scotchman were at the head of this junto. — About this period I received a note from a person who signed himself " an Englishman " ; and wishing to give the person the information he desired, I advertised re- questing him to call on me. — Woods instantly took the alarm, and suspecting that I had discovered the designs of his So- ciety ; got himself introduced to me, by a person who taught 1 James Cheotham, at this time editor of the American Citizen and Watchtower. '^ John Wood was born about 1755 ; emigrated to America in 1800, and died in 1822. He is best known as the author of the scurrilous His- tory of the Administration of John Adams. ^ CONSUL-GENERAL, 1799-1802 131 iient of ^ these moder- headed Britain 1 to the ndhave ear. — rtunate mselves i^inally lifferent lich was ! Welsh- >pe, that ectually faith to ion that of coni- ritain & lir sitna- in the Conn- vspaper, rsity at at the :e from wishing ised re- alarm, his So- taught inown as lous His- of John 4 V my children. His confession was full as to the original design of the institution, but he assured me, it was discontinued — For the moment I suppose it was, but I have no doubt it is again in operation and with increased violence and malig- nity against His Majesty and the Government. I take the lib- erty to inclose your Lordship two news papers, the conse- quences of Woods calling on me. The representations contained in the first with respect to myself are generally devoid of truth. Your Lordship will observe that Cheetham altho' he denies the Society having ever commenced their operations, fully avows what was intended. — These publica- tions as well as private letters on political Subjects are for- warded in Ships bound to different Ports in Scotland. And I should suppose that a mode might be adopted by Government to possess themselves of some of them. — TO BRIGADIER-GENERAL FULLER, GOVERNOR OF THE ISLAND OF ST. CROIX. Sir. Consul Generals Office 17 Sept' 1801. In reply to your favor of the 16"' of August delivered to me by M' Farrell, I am sorry to inform you that I have not been able to discover the Person who carried to the Printers the ExttMct of the Letter from S' Croix and which was published in the New York Gazette of the first of July.^ 1 The publication referred to is a Letter to a New York Gentleman from a Friend in St. Croix, " Since I loft you at New York," says the friend, "wehav hadagreatehauge in our Government. On the Brit- ish fleet taking possession, I was in hopes that they intended to act with moderation ; but (it seems) it was only to find out the real state of people's property, so that they might the more promptly fall on a plan to deprive every person of as much as they could lay their hands on. The General has been committing one act of violence after another for sev- eral weeks," etc. St. Croix was taken by a British fleet under command of Admiral Duckwoith on March 5, 1801. Be- ing very ill prepared for resistance, the island was surrendered without opposition. It was restored to the Danish Government uuder the Treaty of Amiens in 1802. 1 a li I 1 132 COIIRESPONDENOE OF THOMAS MAIK^L.VY Upon intern >{?atiiif;r M' Lan^ tho Editor he told mo that tlie Guiitlernan who {jfuvo him the extract was a Stnin}j:eran(l sup- posing it eontained nothing pccnliarly offensive, l)nt rather matters of dispnte nnder tiie treaty, he had j)nl»lish(!(l it. M'' Lang added tiiat the person who hrouglit the extraet was at- tended by a hime Ginitlenuin as I take it tor granted this must have been CounseUor Benson, or Nelson, I never could distin- guish the nanuis between him and the Judge who both came from S* Croix to this plaee — 1 have spoken very severely to the Printer, and assured him it was more tiian probable he would be prosecmted as he either would or could not ascertain the Author. He is not a little alarmed, and has promised me to be more guarded in future. — I do not however think either a private action or an indictment against Lang would be attended witli damages which would afford any satisfactory pecuniary piniishment. — The American presses are licentious in the extreme and the spirit of the Constitution tends the reverse of a check on them. TO VICE-ADMIIIAL LOUD HUGH SEYMOUR, JAMAICA. Consul General's Office for the Eastern States of America 23 Sepf 1801. My Lord — It is always with extreme reluctance that I make a])plication to any of His Majestys officers of the Navy for the discharge of American Seamen impressed ^ "'^'h mistake into service, from a conviction that where e one American in our Service there are fifty Bri' aen serving in American Ships — Instances however occur wnere humanity pleads so strongly in favor of persons impressed, that it would be doing violence to my feelings not to state their case, and intercede in their Behalf — The favor I am now to ask of your Lordship is of that description. Jonas Hamilton a native and Citizen of the United States of America, a ship carpenter by trade and a resident in this :m CONSUL-QENEllAL, 1799-1802 133 lat the i ' 136 CORRESPONDENCE OP THOMAS BARCLAY moved from the 41 Regt. to a cornetcy in the l?'** Light Dra- goons.i I am satisfied he owes this promotion wholly to your kindness, and am gratefully sensible of this continued testi- mony of your friendly disposition to me and mine. He is at present at Montreal in Canada with the 41"' Reg* I have writ- ten to him informing him of his promotion and to Lt General Hunter, requesting that he may have leave to come to New York in his way to England to join his Regiment. He will therefore leave this in February or March; not a moment shall be lost. — I can confidently assure you my deai* Sir, that an acquaintance with my Son, will satisfy you that your good offices have not been improperly bestowed on him. — I hope to embark with him for London. By this conveyance I send y( n two Barrels best Newtown pippins, which I hope will arrive -U good order — They are addressed to Brook Watson Esq' & Co. — Present Mrs. Barclay's and my best regards to Mrs. and Miss DeLancey. TO MR. BROUGHTON. Sir. New York, 13'" Dec' 1801. Your favor of the 11th Dec' covering the bill of laden and ace' of the Statutes at large, which you have had the Goodness to ship me, also the certificates of the two half tickets in the State lottery I rec'' by the Harlequin Packet — Accept my thanks for the trouble you have taken — I shall make no re- marks on the quarterly amount you receive for me, waiting your answer to my letter on that subject, farther than to observe it appears less than my predecessoi-'s, while my situa- tion requires at least the same ; for two reasons — First be- cause the pi'ice of every article of Life is greatly enhanced and secondly from my seeing more company in a month, than Sir John Temple did in a year. — The latter is not from iuclina- 1 General De Laucey was Colouel of this Regimeut. De Lancey Bar- clay's Commission as Cornet bears date August 29, 1801, and he was promoted to be Lieutenant in the same Regiment on July 9, 1802. CONSUL-GENERAL, 1799-1802 137 t Dra- ) your . testi- e is at e writ- reneral o New ie will loment Ir, that Lr good iiope to snd y< n rrive n Esq' & [rs. and f 1801. den and oodness in the ept my no re- waiting than to y situa- irst be- iced and than Sir iuclina- (1 he was nt in the 1802. tion, but with a view to further His Majestys Service — of the propriety of which every days experience convinces me — I will thank you to hint this to M' Hammond, in the Event of my pr-^sent allowance being less than Sir John Temples. I do not under the present circumstances of the Nation wish it more. But rest assured my annual expenses exceed £2200 Sterling per annum ; and yet economy presides in my family. — Mr, Jefferson as you will perceive is President — The federal party, I mean tlie moderate ones are much pleased with his Speech, and augur a happy administration. — I wish their ex- pectations may be realized — The better informed consider it vox et preteria nihil — TO DANIEL COXE, LONDON. New York 4*^ February 1802. My dear Sir By the Brothers I replied to your favor of the 14"" of October. I at the same time informed you, that I had consulted with all my Law friends in this City, who agreed in opinion with me, that there was not the most remote possibility of any success to an application of M" Beverley Robinson for a compensation for her right of Dower in Lands in this State ; or for lands which she owned in fee. — M'* Robinson, as well as many other feme coverts were attainted with their Husbands in the Act of this State passed in 1776,' and the disposition of the Legisla- ture has ever been not to open a door for claims under that Act. — In addition to this M" Kempes and M" Margaret De Lauceys present claims (with those of many others) have so alarined the people of this State, as to render it a subject wor- thy of notice in the Governors speech at the opening of the 1 The act of October 22, 1779, is intended. Mrs. Beverly Robinson, her sister Mrs. Roger Morris, and Mrs. Inglis, — wife of the then rector of Trinity Church, — were attainted under this act. This is believed to be the only case, here or in England, in which women were attainted of high treason, and banished and threatened with d^ath. % h f If 'ii 138 CORRESPONDENCE OF THOMAS BARCLAY present Session of the Legislature.^ What the event will be I dare not predict — I hope favorable, but both M" Kempes and M" De Laneeys Council advise a composition at almost any rate rather than proceeding with our suits at Law and now at Issue. They apprehend that when these causes are brought up before the Court of Errors that the Senate will reverse the Judgement of the Supreme Court, and declare that a Wife of an attainted person cannot recover her Dower. We have also ascertained that the Attorney General has Legislative orders to throw every possible obstacle in the way, and to contend inch by inch with us. — I hope before I leave this, which will be by the next Packet, that something will be done by the Legis- lature, and on reasonable principles. I send you the paper containing the Governors Speech. Have the goodness to com- municate the purport of this to your amiable Sister. I would write her by this Packet, but I dread the task, as I should be under the necessity of mentioning the loss of my worthy friend Captain Church. Whose memory will ever be dear to many of his friends in America, as well as in Great Britain. TO MRS. MARGARET DE LANCEY. New York 6" February 1802. My dear Madam By the advice of your Council M'' Harrison and General Hamilton (as mentioned in my letter to you of the 4"' of Dec"") M"" Colden proceeds for Albany to make one more attempt for an amicable composition with the Legislature of this Citate 1 " The claims of dower by wid- ows of attainted persons have as- sumed so serious an aspect, that the commissioners appointed by law for their liquidation and settlement, deemed it expedient at the last ses- sion to submit them to the decision of the legislature ; and as nothing was definitely arranged at that pe- riod, a great number of suits have been commenced against persons deriving title from the state. While the honor of the state demands that all proper claims should be satisfied, an attention to public economy equally requires that the treasury should be guarded against improper or fraudulent demands." Governor Clinton's speech, January 26, 1802. I CONSUL-GENERAL, 1799-1802 139 m now sitting in that City ; previous to our inquiring the amount of your Dower in the trial of the issues now joined between you, and several of the tenants. — Inclosed is the Governor's speech at the opening of the session — ; in which he makes spe- cific remarks on the claims and suits now made and depending by widows of attainted persons for lands in this State. It is impossible from the mode in which he expressed himself to ascertain whether it is his opinion that an equitable allowance should be made in extinguishing the claims for dower. Gen- tlemen in this place think he is inclined to an opposite line of conduct — M' Golden however proceeds with every necessary instruction, and letters to many of the leading members on both sides in the house. — I lament that M' Brockholst Livingston^ has vacate I uis seat, by accepting the appointment of Judge in the Supreme Court, as he had promised me his Interest iv; obtaining you justice — He will however deliver his sentiments to the lead- ing Members and recommends their making reasonable com- pensation — I hope to have it in my power to write you in a few weeks that your business is terminated satisfactorily, but I cannot say I am sanguine in my expectations. — 1802. persons , While ands that satisfied, economy treasury improper Governor 26, 1802. A m Vi , ,■ FROM MR. GOLDEN. Albany 17 February, 1802. My dear Sir On iiiy arrival at this place I found that the Legislature had anticipated the application I was about to make to them, and have by a resolution originating with Mr. De Witt Clinton in the Senate almost shut out every hope of compromising with the State on any Terms whatever — By the resolution I have mentioned the Senate have directed the Attorney General to bring before them by writ of error any judg- 1 Appointed this year a Judge of Justices of the Supreme Court of the New- York Supreme Court. In the United States. 1807 he was appointed one of the m CORRESPONDENCE OF THOMAS BARCLAY i i u < i i i: !i i I •/i \i ment that may be pronounced in favor of the claims of Wid- ows. — We may say that Mr, Clinton was lost to all kind of delicacy wlien by an order of this sort he shewed his anxiety to pass judgement on the point to be brought before him — We maj'- say that this resolution discovers an eagerness very incon- sistent with the dignity of a Senate, and with an intention to be upright and impartial judges — Mr. Clinton might be told that by resisting the judgement of the Supreme Court in favor of the Widows he was persecuting the inocent for the sake of his ambition, and to purchase an infamous popularity by the few thousand dollars that may be saved to the state thro his machinations — But all those reproaches would be in vain. I think that Mr. Clinton and the majority of both houses which he governs absolutely, are men utterly void of feeling and honor — Is it right? or wrong ? are questions that never occur to them in the consideration of a measure — when it is ascer- tained whether it will be popular or otherwise, it is deter- mined — Finding that the board would not move a step in the busi- ness of Mrs. De Lancy I yesterday presented a memorial to the house of assembly — In which I stated that she was desirous of compromising with the State on terms the most favorable to them, and I endeavored to rouse the sympathy & justice of the house and a concern for the honor and reputation of the na- tion, as well as of the individual members who compose its Legislature — Yesterday, altho it was introduced in a very handsome manner by my friend Mr. Henry, nothing was done with this. What will be its fate it is difficult to say but I think there is hardly anything to be hoped — I am &c Cadwallader D. Colden. FROM MK. COLDEN. Albany 17tb. February 1802. My dear Sir: — Since I wrote to you yesterday the business that I am upon I think wears a more favorable aspect — I have had an oppor- M 'd :f. CONSUL-GENERAL, 1799-1802 141 tunity of conversing with most of the influential members in the Legishiture on eitlier side and hope I have made an im- pression on their minds propitious to oiir cause — A commit- tee has been ai)pointed before wliieh I have appeared and I am again to meet them to-morrow — And I have reason to hope that tliey will make a report tnore favorable than I a few days since expected to obtain — Tho it will by no means meet the justice of the claim — If such a report should be made, and should meet with serious opposition in the liouse, I liave in- structed my friends to ask permission for the claimants to be heard by counsel at the Bar. Notwithstanding all I have said you must not be too san- guine as to my success — If you conkl know of what strange materials our present honorable legislature is composed you w'! easily believe that it is difficult to cahiulate upon their acts — Yet I verily believe that imless the Widows are success- ful in this mode, they can not expect it by other means. For the resolution of the Senate which I mentioned to you yester- day is too sure an evidence of the spirit with which the Court of Errors would hear their cause. FEOM MR. GOLDEN. jDEN. 1802. n upon oppor- 1 4: New York March 25th, 1802. Dear Sir: Agreeably to your request I proceed to give you some ac- count of what I have been doing at Albany in relation to the claims of Mrs. Kempe and Mrs. Delancy. The releases which I herewith send you to be executed by Mrs. Kempe will sufficiently explain the bargain, I have made in her belialf with the State. It is to be undei-stood however, that Mrs. Kempe has it entirely in her power to agree to this offer on the part of the State, or not as she may think proper. If she does not agree the various suits that have been in- stituted may be prosecuted — It must also be remembered that the costs of these suits are to be paid out of the sum men- tioned in the release. ■-wr 142 CORRESPONDENCE OP THOMAS BARCLAY : 1 it 1 1 By far the greater part of the lands mentioned in the paper entitled a Schedule of the real estate of the late John Taber Kempe, Esquire are situated in the State of Vermont. Taking this into consideration and also the disposition of our present rulers I think Mrs. Kempe certainly ought to ac- cept this sum. Altho I am perfectly satisfied that it is not more than i^ of the real value of her dower.' As to Mrs. Delancy's affairs I wish the information I have to give you was more satisfactory than what I can now offer you. It will be unnecessary for me to repeat a detail of the cir- cumstances that occurred last winter. It will be sufficient to say that what was then done satisfied us that all ai^plication to the board instituted for the purpose of Extinguishing Claims of this sort would be in vain. They have said that the amount Mrs. Delancy demanded was far beyond what the legislature had in view, when the power of this board was delegated And therefore they refused to act and referred us to the legislature. Of course all my applications this winter have been to that body. I was not a little surprised soon after my arrival in Al- bany to find a resolution brought forward in the Senate re- quiring the Attorney General to bring before the Court of Errors all judgments that had been or should be rendered in favor of the right of Dower of the widows of persons whose estates had been confiscated. You know the Court of Errors is composed of the very persons who as Senators passed this resolution. And it is a sufficient indication of what would be the event of the Causes which they manifest such a desire to have before them. I presented a memorial to the Assembly which was com- mitted to three Gentlemen two of them leaders of the political parties in the Legislature. After an attendance on this Com- mittee of more than four weeks, in which time I made it a point to meet them or at least to see one of them every day, I was, after an absence from my office and family so much longer than I expected when I left them, obliged to return be- 1 The sum for which Mrs. Kempe's claims were released, after deducting all counsel fees and expenses, amounted to $5713.39. Wmf M CONSUL-GENERAL, 1790-1802 143 paper Taber ion of to ac- is not lave to 31* you. ;he cir- ient to ioation Claims imount Lslature ed And slatiive. to that il in Al- nate re- ;^ourt of iered in s whose f Errors ;ed this should be esire to as corn- political lis Com- ade it a 'V day, I so much jturn be- deducting fore I could bring thera to make any report upon the subject. I however had made them several propositions and obtained a promise that they would report in a few days. I left the business in charge of Mr. Emott who is a partner of Mr. Henry one of the Committee. I am convinced Mr. Emott will attend to the business. And I liope I shall hear from him before you leave us. I am &G. Cadwallader D. Colden.i TO LORD HAWKESBURY. New York 2d April, 1802. My Lord, By the Packet which arrived last Evening I was honored with yom- Loi-dsliips letter of the 13tli of February, in which you request my opinion, whether in the present state of the commercial intercourse between His Majestys Dominions and the United States, it is expedient to make a permanent Estab- lishment of a Vice Consulship at New Port in the State of Rhode Island. — Rhode Island is the second smallest state in the Union, pos- sessed of but few seaports, and carrying on a very limited Coznmerce when compared with most of the other States ; the appointment therefore of a Vice Consul to that State appears to me far from necessary taking the official duty simply into consideration. The Eastern part of the State of Connecticut, 1 Here wo take leave of Mrs. De Lancey and her claims. On April 5, 1802, the Assembly passed a resolu- tion in favor of a compromise ; and as Barclay was then on the point of sailing for England, he procured a letter from Harison advising a set- tlement. While in England Barclay succeeded in persuading Mrs. De Lancey to accept a moderate sum, and on January 31, 1803, while he was still abroad, $34,000 was offered. This amount was fixed by a report of tlie Co!nmissioners, — the Comp- troller, Attorney-General, and Sur- veyor-General of the State, — and was duly approved by the Governor. Mrs. De Lancey gave a release of all her claims and accepted the money, though not without vigorous grumb- ling at Mr. Coldcn's bill, which was only paid after the matter had been submitted to the arbitration of Gen- eral Hamilton and Mr. Harison. i ^^■. I ill 144 CORRESPONDENCE OF THOMAS BARCLAY ;Mi would 1)e a pivfcnible situation for the rcsidonco of a Vice Con- sul, within the liimits of whose Jurisdiction Rhode Island may be included — New Loudon should ])e tlie jdace of hisresideiuu', a central position in tlie State, distant only sixty miles from Providence in Rhode Island, and one liundred and forty from this City. — I cannot however my Lord add that I even con- sider a consular ap[)ointment necessary for Connecticut. — In a political ])oint of view there can be no question, but that Consuls or Vice (-onsuls in both these States, if Men of Pru- dence and engaging manner, might forward His Majestys In- terests, and predispose the Inhabitants in favor of the British Government. In this point of view if (mly one Vice Consul is appointed, Rhode Island is the State, and New Port the place for his residence — During th(^. Summer Season New Port is crowded with the most fasliionable influential Charac- ters from Maryland to ( leorgia, who go thitlier for the recov- ery of their health or to avoid the prevailing summer epidem- ics of a southern climate. A consul therefore residen.. in New Port would have an o[)portimity of becoming acquai itcd with the first Characters in America : and by gaining on their c(m- fldence naturally lead them to think favorably of the country he represents — I' I IMi I m Mi: CHAPTER IV CONSUL-GENERAL, 1803-1804 ABOUT April 10, 1802, Colonel Barclay, with his J\. son Do Lancey, embarked on the packet for England, touched doubtless at Halifax, and in due season reached his destination. It was his first visit to England, and it must have been full of pleasure and interest. He had many old friends and connections among the American loyalists who still survived; he was favorably known to the official world; and he mot with a warm welcome from his distant relatives, the Barclays of the well-known banking and brewing firms in London. Unfortunately his correspondence for this period has not been preserved, but we get one glimpse of him through the official correspondence of the Amer- ican minister. Madison, writing to Rufus King in June, 1802, had instructed him to endeavor to nego- tiate a treaty for settling the remaining questions rela- tive to the boundary between the two nations, and especially those in regard to the islands in the Bay of Passamaquoddy. On February 28, 1803, King wrote from London that by Lord Hawkesbury's desire ho had conferred with Colonel Barclay on the subject, and as the result of the conversation saw nothing to impede a settlement.' On April 4, 1803, Barclay left London, and on May 21, after " an ordinary passage of six weeks," reached 4 10 1 Amer. State Papers, For. Rel., Vol. II, p. 590. 145 err 140 CORRKHPONDENOE OP THOMAS RARCTAY J" 'M'l II': % 'V\ ^Hl New-York, and found his wife and such of his chil- dren as were at home all in good health. But they were anxiously awaiting the return of Beverley, the fourth son, who had gone South to avoid the rigors of a Now- York winter. He had developed during the jire- vious year serious symptoms of a pulmonary comi)laint, and had now been spending several months in South Carolina, — probably with his aunt, Mrs. Izai'd. The change of (jlimate had, however, come too late. On June 5th he arrived in New- York in the last stages of consumption, and died on the loth of the same month, being then not much more than sixteen years of age. " He was," said Barclay, writing to a friend, " one of the most amiable and promising of children, who never had rendered censure or admonition necessary, and whose application to his studies, added to more than ordinary natural abilities, gave me every reason to hope he would have made a distinguished literary character. You who are a Parent and blessed as I am with the best and most lovely of Children can feel for Mrs. Barclay and myself under this severe affliction." The threatening aspect of the relations between England and the United States, however, soon came to divert Barclay's thoughts and claim his most seri- ous attention. On May 16, while he was still at sea, war had again been declared between England and France, and Napoleon at once began his preparations for an invasion of England. The war was, however, mainly carried on at sea, and especially in the West Indies, where St. Lucie, Tobago, and Dutch Gruiana were taken by the British forces, and the French islands were blockaded. The export of French sugars and other colonial products was a trade which the Brit- ish government particularly sought to break up ; and '■.),' '''ti CONSUL-GENERAL, 18();{-1H04 147 mgars Brit- ; and ^M their courts held that such goods, if found in transit on a neutral ship, rendered tlie vessel as well as the cargo liable to condemnation. British scjuadrons were there- fore koi)t constantly cruising off the coast from Massa- chusetts Bay to the capes of Virginia, searching one American vessel after another in the effoi't to find some pretext for putting a prize crow aboard and or- dering her off to the Admiralty Court at Halifax. Above all, the impressment of seamen went on more vigorously than ever. Under these circumstances, the post of British Con- sul in New- York became every day more delicate and inii)ortant. Hardly an American vessel came in but had been searched by an English frigate, and had had men taken from her decks. On the other hand, every British ship that entered the harbor lost men by deser- tion. The great majority of the population openly sympathized with the French cause, and the author- ities made no pretense of trying to assist in recovering deserters. As yet there was no open outbreak ; but with every English frigate that took up her station off the Hook, — or, worse still, that came up to the Nar- rows, — there was the hourly chance of some provoking insult or reckless act of violence, that might bring about an actual collision. Jerome Bonaparte's presence in the United States added another object for the watchfulness of the Eng- lish naval force, and was another source of anxiety to the British Consul. How Barclay steered his difficult course in these troubled times may be judged from the letters which follow. He continued to live in New- York ; but from August 20 to October 31, 1803, the prevalence of yellow fever S 'le; m 148 CORRESPONDENCE OF THOMAS BARCLAY lit 1 . I I ■ !> tl i d !K compelled him to remove with his family to Westches- ter. On the very day that the family removed to the country, Susan, the third daughter, was married at St. Mark's Church to Peter Gerard Stuy vesant, — a young gentleman of excellent family and a genteel fortune.' TO VICE-ADMIRAL SIR ANDREW MITCHELL. New York 22 July, 1803. {Prii'ate.) It is with reiraey. From 1794 to 1800 he and (lied in 1818. He was in the served in tlie Freiidi Navy. United States Naval Service duriiifj '^ He was born N,,, . .iiber 15, 1784, the Revolution, was at times a pri- and was therefore not quite nineteen vateer, and was accused by the Eng- years old. lOA CORRESPONDENCE OP THOMAS BARCLAY 1 ii [ 1 i i I |fi! M l1 has on his left ear a remarkable mole, immediately where an ear is perforated for a ring. — They pass under feigned names. Jerome Bonaparte — assumes that of Dalbert, or D'Albert. The first described of his Companions calls himself Armand, and. the other is styled Alexander. I should not however be surprized if they again changed their names. A Servant of about 24 years, 5 feet 8 or 9 Inches attends them, his com- plexion and hair dark, the latter long and worn in a que. He wears Earrings.^ Should they come to this City, I will exert every nerve to find out the precise time of their sailing, and lay a plan to have them taken. — The above information shall be forwarded to Sir Andrew Mitchell at Halifax. '•■a ■ I'M II ■HI TO ME. HAMMOND. Teas of the first (quality to be purchased — I must give you the ad- ditional trouble to intreat that a proportion of the bla(!k and gi'een tea to the value of fifty dollars may be put up in sepa- rate Boxes, being for an old Lady my particular friend, the re- mainder for my use — Should the Cliina or tea amount to a few dollars more, M' Bell has my orders to pay it to you. — M'' Bell is a worthy honorable American (lentleman, any atten- tion you may have it in your power to shew him will be doing me a favor. — If I can render you any Service here it will afford me plea- sure — I trust you will pardon the Liberty I have taken. TO Mil. MERRY. New York 12"> May 1804. Sir, Captain Douglass of His Majestys Ship Boston left this the day before yesterday at noon, to go on board his Ship at the Hook and proceed to Norfolk in Virginia. I this day received a letter from the President of the marine insurance Company in this City, stating a French Cruizer being off Georgia and South Carolina, committing depredations on British and American ships. Of this I have notified Capt. Douglass. At the same time I was informed of another French Privateer being on the Banks of Newfoundland — By a vessel going to Halifax I shall communicate the above to Vice Admiral Sir Andrew Mitchell.^ 1 See letter to Mr, Neilson, September 7, 1804, below. CONSUL-GENERAL, 1803-1804 159 TO MR. MERRY. New York 25 May 1804. Sir, The Sybillo and Dido French Frij^ates of 44 Gnns each ar- rived here hist Evening from Gnudelonpe and anchored at the Qnarantine Ground about nine miles behiw tlie city — I have not yet been able to learn their Business, probable stay or fu- ture destination. The moment I am possessed of either you shall receive information — I have dispatched a letter to Boston, to be from thence for- warded to Sir Andrew Mitchell at Halifax, and will endeavour to hasten the sailing? of a vessel for St. Johns, New Brunswick ; but ])oth these are circuitous routs. — It is much to be regretted that I am neither authorized by Lord Hawkesbury, or Sir An- drew Mitchell to hire a dispatch boat on such occasions. Per- haps your Excellency may think it proper to direct me to in- cur the expence on future occasions of moment. TO MR. MERRY. ha is the at the ceived ipany and h and s. At vateer )ing to ral Sii- New York 1" Jime 1804. Sir. In answer to your letter N" 12 of the 28"' of May, permit to observe that I cannot learn that the ('omniander of the two French Frigates now in this Port, had any pai'ticnlar object communicated to him for coming here: although I think it probable he had either dispatches for M' Pichon, or directions to I'eceive orders from him. I procured a sensible young Gentleman to get aciquainted with the Officers of these Ships, by taking his lodgings in the same hotel where they staid — From them he obtained the following particulars. That the Dido and Sybille Frigates had laid some time in Rockfort ready for Sea before an opportunity offered to escape the vigi- lance of our Cruizers — That they at length escaped, each ship having 350 Soldiers on board besides Seamen & Marines, also about 40 French men apprehended by o.der of the first i ,1 ! 160 COIIRESPONDENCE OF THOMAS BARCLAY Consul and privately put on })oar(l. Amongst thes«^ wore three (lenerals, and other Offteors of various Ranks, and a number of editors of newspapers. These were landed at Cayenne as exiles — The Frij^ates then proceeded to (luade- loupe where about one-half of th<^ land forees were disembarked, and the remainder put on lioard Privateers and sent to Mar- tinieo to reinforce that (larrison. The Ships immediately overhauled their Hifjfjin*;, took in their water »!fce. &(! and pro- pared with all haste api)arently to return to France — That the officer Commanding j^ave passaj^es to upwards of a dozen Gentlemen of (xuadeloupe to go home in one or other of the Frifxates. Havininion of the Froneli here is tlmt the llrst ( 'onsid <^ave him this ii|»poiiitment in order to j,'et rid of him. — He spriii i from the Drej^s of the nation.^ Ilis ('liaiieellor is said to Im; a (JcMitleman of honor, abilities and amial)lt! manners, who was at the head of one of the Civil Tribunals in St. l)oinin still in this Port, Jilth" 1 suspect they are on the point of sailinj:," for Finance. Jerome Bonaparte and his Lady arriv(Ml a few days since from Bidtimoreand avow their d(!sifi;n of jj^oin<^ in one of tlnun probiibly the Dido as she is the best Ship and infinitely the fastest. I have done every thint;; in my power to prevent their sailing, by circulating Reports that Ships of your S(iuadron had been seen off in different directions; and causing persons living on the South side of Long Island to say that two Men of War generally stood in every Night and soon after day light hauled oft" again. They certainly are niuih alarmed, and as you will see by the })apei' inclosed have now two pilot Boats (mt to ascertain tlie truth. They have lost a inunber, u[)wai-ds of forty of their men l)y desertion, and 1 understand the ('rews are com])osed of uien of almost every Nation — I wa,s told yes- terday by a Person who liad it from the i)ilot, that the Crews were 7U)t only si(;kly, but that many within the last week liad been taken 111 of the small Pox. Should this be the Case, I doubt their being able to go to Si^a, until they are rcicovered — Their Ships are very dirty and officers and Men under great fear of meeting our Men of War. TO Mli. MEllllY. Ni'w York 18'" Juno 1S()4. Sir. I have the Honor to inform you that His Majestys Ships Cambi'iau and Driver arrived at Stateu Island late in the af- !■ 'I' i CONSUL-GENERAL, 1803-1804 1G3 ternoon of Satui-day last— Yesterday I saw Captain Bradley the oflficer coinmaiidiufjf, who iiit'ormed me he was under orders to proceed to sea the first fair wind. — I received lat(i last Eveninji- a Ustter from tlu^ Mayor of this City, a eopy whereof I have th(^, Konor to inclose you, requesting? me to detain the Cambrian and Driver for twenty four hours after the d(!par- ture of the two French Fripites now in this Port and who are ready for Sea. — T have s(Mit Captain Bradley a (Mipy of this Mayors letter, hut I apjjrehend hv. will not feel himself author- ized to remain here a moiiKiut after it is practical)le for his Ship to ^o out of the ilook; V'icje Admiral Sir Andrew Mit- chell havini? directed him to leave this port the lirst fair Wind, and to cruise on this coast for the protection of the jNIerchants Ships l)eloMi;ini;' to ilis Majestys Subjects. I wait youi' direc- tions with respect to the answer I am to send to the Mayor. TO DE WITT CLINTON. ISO-l. L Ships the af - New York IS'" June 1804. Sir, I have the Honor to acknowl(Hlii;e the receipt of your Letter of last Evenint^, ijiformiiii? me that you had received official noticfi that the Prij^'ati^s Didon and ('ybele 1)elont^'ing to the frencih liepublic, and which arrived in this [)ort the 4"' Instant intenchMl to Sail with tins first fair Windaiul re({uestin^ me to detain Ilis Majestys Ships ('aml)rian aiul Sloop of War Driver, now also in this i)ort for the space of twenty four hours after the departure of the Fi-em^Ii Frigates. By this days ])ost I shall forward copy of your Lettiu* to M'' Merjy Ilis Majesty's Envoy Extraordinary and Minist(H' Plenipotentiary to those States, and who is now at Philadelpliia, and will on tln^ I'cceipt of his answer immediately connnunicate to you his directions on the Su])je('t. I am however ap[)rehensiv(( that ('aptain Bradl(\v the OITlitHH" (M)mmandin<^' His Majesty's Ship of War will not feel himself authorized to comply with any recpiisitiou either from M' Merry or myself res[)(!ctinjjr his remainin- u. lit '/ I ■ i\ ' ' i ture, because his Orders from Vice Admiral Sir Andrew Mit- chell direct him to proceed from here on the delivery of his Dispatches, on a cruize for the protection of the trade not only of his Majesty's Subjecits, but of that of tlic people of these States, and which has lately suffered much fi'om the dei)reda- tions of several French Privateers on this (bast. I am led to believe the Admiral was induccsd to send these Ships for the above i)ui'pose, in consequence of my haviiifij transmitted to him tlie copy of a Letter which I lately receivcMl from the President of the Marine Insurance Company in this City stat- ing- the Injury the American Commerce had sustained from the predatory Corsairs ; and requesting that measures might bo taken to protect the American as well as British Commerce from farther Loss.^ You will from this Statement ncoturally perceive the urgent necessity Ca})tain Bradley is under to get from hence the moment the Pilot will undertake to carry his Ship down and as Caj)tain Bradley had communicated his in- tentions to me, prior to the receipt of your Letter, I am of opinion he is entitled to a preference in point ^f time as to his departure. The French Frigates can avail tuomselves of the first fair Wind after the sailing of His Majesty's Ships. T am perfectly Sensible of the delicacy of your situation and that of the United States, when Ships of War of contending Na- tions enter your friendly Ports ; and it will at all times afford me pleasure to lessen as much as lays in my power and the good of His Majesty's Service will i)ertnit, any embarrassments there nuiy occur by the Ships of War of Great Britain and France lying at the same time in this Port. TO MR. MERRY. Sir. Now \ork 19'" June, 1804. His Majestys Ship Boston arrived yestei'day afternoon at Sandy Hook — In consequence of Captain Bradleys answer to 1 An extmct from this letter liav- tlio insurance company, wrote to Col- ing been publislied in tlu* ntiwspa- onel Barclay contradicting the as- pers, Mr. Noilsoii, the president of sertion that protection to American 1 •A i i'!t (^! CONSUL-GENERAL, 1803-1804 1G5 me on the subject of the Mayors requisition that His Majestys Frif^ates ini^ht be detained in tliis port for the Spaee of twenty four hours after the sailing of the Frencli Frigates with tlio first fair Wind, that lie could not comply being under orders to go to Sea immediately — The Wardens of the Port have is- sued an inhibition to the Pilots to carry out either of His Majestys Ships, a copy of this order I have the Honor to in- close — I have to intreat you will give me your advice and directions on this point. itoCol- (ho as- icrican i TO CAPTAIN BKADLEY, IL M. S. CAMBRIAN. New York lU'" June 1804. Sir. The inclosed letter of comi^laint has this moment been deliv- ered to me — You wil ' il)serve that the Mayor considers your boarding the Ship Pitt and impressing from on board that Ves- sel 18 Men, as an act of illegal violence committed within the Jurisdiction of the United States.^ He also complains of the officers of your ship having obstructed the Lieutenant of the Uevenue (Jutter and the Health Physician from doing their duty ; and adds that he has transmitted a statement of facts to the Government of the United States, in order that they may take tlie necessary measures. — I consider it necessary that you and the offlcerri of your ship make a candid represen- tation of the transactii^ii in order that I may lay the same l)e- fore His Majestys Miuis^tor PUniipotentiary to these States, who naturally will receive a Icticr of complain^ from the American Secretary of State. — I am of opinion that you ought not to liave boarded the Ship or impressed any men out of her. — Having said this it follows commerce had be»Mi asked. Barclay admitted his mistake (see letter of Sept. 7, 1S04, Itelow), huttheorrone- ous assertion has been perpetuated to this day. McMaster's Hist, of the U. 8., Voi. Ill, p. 24G. IIA 1 The Pitt was a British vessel, and was boarded and scai-ched in the lower bay by boats from the Cambrian. Tlio details of this no- torious alfair fully appear below. I vmm i""j' 166 COltltESPONDENCK OP THOMAS BARCliAY i«' h 1 iF ! i 1; '1- ' 1 ' that the men should ])e restored. Wliat r(Miders tliis iruuisiire the more necessary is that the Quarantine Officer will not de- livta* th(! Ship Pitt to the Captain until he nnisters on hoard of her all the nnui who navigated that Vessel, — For your security and my own satisfaction I have taken the opinion of a very ahhi law character in this City, well attached to our Govern- ment, who agrees in sentiment with me. — The Language made use of by sonu> of your officers to the Lieutenant of the Heve- nuo Cutt(!r was to say the least highly indeeoi'ous — Captain Camphell of the Ship Pitt will d(!liv(!r you this letter, my advice to you is that the men are delivered up to him. TO VICE-ADMIllAL Sill AN DEE W MITCHELL. New York 22' June 1S04, Sir, His Majestys Ships Cambrian and Driver arrived in this port on this day week, and Captain Bradley unfortunately came u}) to Staten Islaiul very near to the Frmujli Frigates before I knew of his arrival. Early on the following morning I went on board the Cambrian, and recommended his dropping down and (ioming to an anchor without the Bar and beyond the Jurisdiction of these States, being apprehensive attempts wonld be made to detain His Majestys Ships until the de- parture of the French. The Wind at the time was so nuuih a head that the Pilots declined taking charge of them. On my return that evening to town I received an api)lieation from the Mayor of this City requesting the detention of the Cambrian and Driver for twenty four hours after the sailing f>f the Fnmch Frigates ; provided they departed with the first fair Wind. In reply I informed him that I would lay his request l)efore M' Merry his Majestys Minister Pleni[)otentiary and wait his directions, and added that I was apprehensive Captain Bradley, to whom I sliouhl transmit a eojty of his, the Mayors, letter ; would not feel himself authorized to comply with the request, having your orders to proceed t' 'fji, on the delivery of your dispatches. On Monday the 1 received by order I I lii i - 1|: CONSUL-OENERAL, 1803-1804 IG7 lyors, I the of the Mayor an injunction from the Port Wardens a copy whereof I now ineh).se — On that day also Captain Douglass arrived at Handy Hook witli His Majestys Ship Boston, and the next morning th(; Caml)rian and Driver altlio' the Wind was a head went down and anchored near the Boston. The French Frigates had unmoored in the liope that a want of Pilots wouhl previMit His Majestys Sliip from getting to Sea, but when they perceived them in motion they desisted, and al)out noon came u}) nearer to this (Uty whei ; they now lay. — It is suspected they will attempt a passage through Hell (late and the Sound. But 1 cannot yield to this opinion from the many difficulties attending it, and from the cei-tainty that our Ships will always have ample tiiue to meet them to the Eastward. Their only chancic would he to go to Newport Rhode Island, and thence wait a favorable moment. — Bona- parte had embarked with his Lady and baggage on board the Didon, and ])oth the Ships would have gone to sea the first Wind, had not the ( 'ambrian and Driver arrived. Such how- ever were the apprehensions of the french, that for several days preceding they had officers in two Pilot Boats to the Eastward and Southward of the Hook on tlui lookout. — If you should resolve to watch their motions, I fear it will prove a tedious blockade. They never will stir while our ships are in sight, and I am led to believe the French Officers an; not over anxious to return to France. Their Agent pleasantly re- marked a day or two since that he would recommend their being laid up, and providing quarters for the Men during the succeeding Winter. — I have strongly urged CJaptain Bradley to remove from Sandy Hook Bay his present situation, with- out the Bar and at least a league from the Shore, to prevent future complaints of a violation of neutral rights. — This re- mark leads me to a painful and serious subject, on the Even- ing of Sunday the 17"' Instant the British Ship l*itt from Greenoch arrived at Stattm Island, which is the quarantine Ground — On her ai)proach she was boarded by the Camltri- ans Boats, brought to an anchor and fourteen Men impressed from her. While the Cambrians Boats were thus employed the officers of the Revenue and Health officer cunui alongside CORRESPONDENCE OF THOMAS BARCLAY ill of the Pitt to oxaTnino her, but thc^y were prevented hy tlie of- ficers and men of the Canihrian. — The next day I received a lett(!r from tlie Mayor on the subject, a copy whereof I have the Honor to iuch)se. — You will perceive lie has transmitted a copy to his ( lovernment, and I hav«! made M' M(^rry accpiainted with the facts, (-aptain Bradley assunnlly has acted impru- dently — It was my wish that the men should liave been re- stored, in which event every otluu- matter miijfht hav(^ l)een got over, but in this particular he declines complying with my ad- vice. The conse(pience is that the Pitt remains at tln^ Quar- antine Chvnind because the Health ()ffi(*(n- will not muster the Ships company until these men are returiuMl or give a certifi- cate to entith; her to an entry. On the first of July an addi- tional duty of 2 ^/o per (ksnt takes placid, to which the cargo of the Pitt will be liable unless entered previous to that day, and I fear I shall not hear from M' Mei'ry in time to prevent this inconvenience and expense. — I regn^t tliesci untoward circum- stances, particularly as the accident has happened to a char- acter attached to His Majesty. — TO MR. MEKRY. I 1/ .! ■'{i; !i tin II f ! New York 23'' Juno 1804. Sir I yesterday received a letter from M' Thornton dated at Philadelphia wherein he informs me of his having received at that place my letters N"" 14, 15 and IG addressed to you, that he had opened them, and forwarded them to you at Washing- ton, where you still remain owing to bad weather and worse roads, and where you would at least continue luitil the begin- ning of July. — With this I have the Honor to inclose you copies of Captain Bradleys letters to me of the 20"' and 21" current, and a cer- tificate of the officers of His Majesty s Ship Cambrian who boarded the Ship Pitt on Sunday last to impress men. This certificate is intended as a reply to the affidavit of the Lieuten- ant of the Uevenue Cutter, who has deposed that some of the ^in ' CONSUL-GENERAL, 1803-1804 1G9 )egm- Lptain la cer- |i wlio This 3uten- hf the offioors of tlic Camln-ian, cursed him and damned tlio Revenue Laws. I sincerely regret tliat Cai)tain Bradley In-ought the (Jam- ))riau and Driver within the Jurisdiction of these States, and ])articularly that he came up to the Quarantine (Iround within lialf a mile of the French Fi-igates. Tlui instant I was ap- prised of it, I went down and begged him todr(j[) without the ITook the moment the Wind would allow — I have also the Honor to inclose you a (!opy of my letter to the Mayor in an- swer to his letter recpiesting the detention of His Majestys Shi[)s for tw(mty four hours after the departure of the French Frigatt!S, pi'ovided they sailed the first fair Wind. I trust you will approve of what I have done, and of the Ships going down to the Hook notwithstanding the Mayors letters to me, or the proliiljition of the Pcu't Wardc^is to the Pilots, llis Majestys shi})s were taken down by their own officers and at a very great risque. — The strong measures taken by the Mayor are I considia* as wholly extra official, and pertaining oidy to the general executive (Tovernmeiit of these States ; and 1 am also of opinion tluit as Captain Bradl v had signified his in- tention of departing to me, many hours bef(»re I received the letter of reipiisition from the Mayor, '. 'C was (entitled to a preference in point of departure to t ''rench Frigates. Had the FrcMUih Ships l)y accident got mider way and passed the Cambrian and Driver I should have held it an infraction of the laws of neutrality for our Ships to have followed them, and had strongly impressed this on the mind of (Japtain Brad- ley. — The British SI" are at anchor within the Hook, the French as near this - the Laws will permit. I have point- edly recommended to Captain Bradley his going without the Jurisdiction of these States, and hope whenever wind and weather will permit that he will do it — It is with pain that I am under the necessity of informing you that he declines complying with my advice to return the impressed men. By the Laws of these States the officei-s of the Customs cannot enter a ship, until she is regularly in- spected by the health officer and has a certificate. The health officers refuse to examine the Ship until all the persons are on W^ X^v. I t','! il (!! hf 170 CORllESPONDENCE OP THOMAS BARCLAY board who camo in lior. She thoroforo remains at tlio Quar- antine Ground, and must continue there, until either Cai»tain Bradley returns the men, or you obtain an order from the Ameriean (iovernmeut for the Ship Pitt beiujuf admitted to an entry — You will perceive that o\U'. of the two oujifht ti> be done without loss of time, be(;ause in addition to every other in(!onvenien(!e and (ixpeuse attendino- (lennirra,f>'e, tlu; i)reva- leiKie of the yellow fever before tlie departure of tlie Pitt might prove a V(iry serious obstruction to her return to (Ireenoch. T shall address my letters to you until further order to Wasiiington. TO CAPTAIN BKAI :.EY. New York 23'' Junc^ 1804. I received the in<*losed Letter from Philadelphia which I have the honor to in(!lose you. It comes fnnri a Gentleman on whom every dei)endance can be placed, and may operate as a clue to useful discoveries, because it is proba})le Jerome Bo- naparte will (?arry with him dispa,tches from tlui french Min- ister, all his own private correspondence his Journals and re- marks. T have reason to believe his being made a prisoner by the Officers of His Majesty's Navy would be considered an agreeable circumstance by the Government. Shoidd any Vessel proceed without documents from ine you may rest assured there is great cause for particular sciarch and almost a certainty of his being on board. The Trunk so particularly described in the Letter inclosed may be dee[) in the hold or else where concealed, but the mulatto Boy and Baboon are sure prognostics by which you may know his being on board. You will recollect his Lady goes with him, I should be sorry he escaped us, and I know their utmost cunning will be ex- erted to do this. — On Monday I hope it will be in my power to give you additional Marks by which you may develoj) this man. I think I shall have knowledge of every motion he makes. The marshall of the District court called on me CONSUL-OFNERAI., 1803-1804 171 iibout two O Clock P. M. this day und told nui ho had process aj^ainst one of your Officers — I advised him to he cautious how he a}»proaclied your Hhip, aud after some further Conver- sation I promised him a U;tter to you, wliicli letter I inclosed to Captain Doujihiss and desired liim to take it on l)(>ai' unplwisant (urcumstan(;e. It is hinted to me that the French Frii,^attss intend attempting their way through Hell (iate and the Sound. If they do you shall have early Notice, aiul your laying over the Bar will en- al)le you always to go to Sea. The atteinpt to Serve process on vour officers thrcmgh the Marshall of tlu; District (Jonrt, is aniphi j)roof of the intcMition of the Mayor and other officers of the (J(wernment in this Cit}'. — It is a measure I trust which will meet the disapprobation of the American (lovern- ment. — Let me ])eg you to admit no one alongside of your Ship, Imt he who has a letter from me, and then not until you have first read the Letter. When the Boats also come down with your Beef or Water, have them examined before they are permittee^, alongside of your Ship, too much caution cannot be used. I should luit after your determination again touch on the Subject of the Seamen impressed from the Pitt, did I not apprehend that you are igiKU'ant that on the first of July an additional duty of two and an half per Cent will attach on all Merchandize entered at tin; Customs in this City. — This the Freighters of the Pitt will have to pay, unless she is entered befor(5 that day — The more 1 reflect on the measures of Sun- day last respecting the Pitt, the more I am confirmed in my opinion already expressed to you by Letter, that Prudence and Propriety dictate your restoring the men. — M"^ Merry has been [)revented leaving Wathington, to this circumstance I ;i ! I I i i I ;■ li COUUESl'ONDENCE OP THOMAS BARCLAY tln^ not liiiviiijj^ iiuswors to my Letters is to bo iittrilmtcd — To mori'ow I shall (H'rtiiinly hear from liiin. ro MK. MEllllY. Silt. Now York, 2S"' June 18U4. I lifivc not yot had th(^ Satisfaction to reccivo au aiiswcir from you to my Lcttci's. 1 attributes this to the Stato of tho roads aiul Bridj^es rouderi'd by tho late violout rains as I am iufornuHl impassable. By a Chiuso in the Laws of tho United States, a Penalty of four hundred Dollars is laid on any person who shall bo con- victed of obstru(stinji: tho oflicers of the Uovenuo in their duty. Und(M' this Act tho Judjj^o of the; District Court of the United Stattss for tlus State of New York, has granted a warrant or attachment ai^ainst Licni' lM<;ot (►f His Majesty's Ship Cam- brian, and the Marshal wont down on Saturday last to serve it. Captain Bradley received tho Marshal, but tho process was not serviul, owinj; to M' Pip)t not beinjij; on board tlio Ship. I undi^rstand the Marshall intends makintain Bradley has not however returned the Men, and tho Americans ai'o very warm on this infring'oment within their territory. TO Mil. MEKRY. Now York 30'" Juue 1804. {Primfe.) Dear Sir — I could have wished that you had expressed yourself in stronger terms in your letter to me of the 25 Instant, respect- ing the necessity and policy of Captain Bradleys returning the ^ CONSUL-OENERAL, 1803-1804 173 104. If in pcct- the ■I men taken from tlu* Pitt, boc^iinso it oortjiinly is tlio only im- proper act intotitionally committed by him and his ufTlc'crs in tills iiiii)h'jisaiit affair, and I havo reason to hope that on the rtjstoration of tlie men, and a full assnraiico on the part of (Japtaiii liividlcsy and liis Oflfiec'rs that if the Ueveiuie and hiialth olfieers wei'i' ohstrueted by tlKsm in the exe(Mition of their duty, it was ovviiij; to tht^ opposition they met with from the Passenj^ers on board the Pitt, and that they are sorry tor it — Shoidd you ajjfree in opinion with me tiiat the iniju'cssmcnt was ille<;al, liavin^' been made in the; l*ort of New York, permit me to refjuest you will nrj>'e the restoring; of Iho men in youi'next lottei" — (!ai)tain liradley is nearly complete in his iShips company. With all defei'anee to yonr opinion, allow mo to say, that let the d(!(iciency of His Maj(!stys Ships with respcict to men have been ever so f^reat, it is not a justification for tln^ impressing; of men within the Jurisdiction of this State, l)eeause by these means their naval powers would be increased, a measure inad- missible in a neutral port; and contrary to the Laws of Na- tions — Oaptain liradleys answer tlua'eforc on this point, I trust will ))e eonsid(a'ed by you as irrelevant ; and of course that you will not ur<^e the ari^ument with the Sc^cretary of State at Washington — You will pardon me for the Liberty I take in jrivinj; you my Sentiments. Should you however differ in opinion with me, and think proper to urg(! the necessity of the measure, you may to strenjj,'then your position remark that when the trench repub- lican Ship Ambuscade some years since was in this port and prepared to go out to meet HisMajestys Ship Boston, that she was publicly permitted by the Governor of this State and Mayor of New York to increase her establishment of men at least one thii'd, by recruitings seamen in this port for that pur- pose, and that no notice was ever taken of it by the American Government — After tht action, the And)uscade returned into this port, and then extra Seamen were discharg'ed.' I shall con- tinue to address my hitters to you at Washington until further 1 Tlio action took plaeo oflf ^Amtr Brjineh, August 1, 179:5. An account of it will lio found in McMastor's Hist, of tho U. S., Vol. II, p. 12.'$. IMAGE EVALUATION TEST TARGET (MT-3) 1.0 LI 1.25 Ilia iiitt 1:3 6 1.4 ilM IIIM IIM 1.6 V^ '^^ W >^ % V <» ^^h"- ^ L^ i. (X)ltllIiSl'()NDHN(;i!: OF THOMAS BAUCLAY TO Mil. MEIUIY. Slli New York 18'" -liily 1804. Your letter of tlie KJ'^'' (/iirreut, I received tliis moniinjx, to- jjether witli ii eopy of ji letter from tlie Ainericiiu Seeretary of St;it(( t'» you iiiuler diite of the 7"' Instant. Oopics of tliese are now niakinj:,' and will Xw; forwanhnl this Eveninj]^ or tomorrow moi"nin<^ to Caj)tain Bradley of His Majestys Ship Canjbrian anir Service, for every American by accident impressed on board His Majesty's Ships of War, and I aver the fact that a great proportion of the Crews of tlui American Frigates are Sul)jects of His Majc^s- ty's. It is also a matter of Notoriety that (Certificates of Cit- izenship (connnoidy calhid Protections) ar<^ issued to FjUglish, Irish, and Scotch men, many of whom have not been a month in these States. TO CAPTAIN BRADLEY. Now York 22' .luly 1S04. Sir, When I communicated to you the possibility of the Frendi Frigates attempting a pass^igii through ll(41gate to avoid an If' 180 CORRESPONDENCE OP THOMAS BARCLAY I I ll'l « ! action with His Majestys Ships under your coinTnaiul, and of the means of giviu}^ you noticic in such an event, I ealeuhited on tlie hiast possil)ly favorable moment on our part, wlien the attempt c.ouUl ho, made, and under theses eireumstauces stated that it mifj^ht take from ten to eighteen hours. This was un- der an impr(^ssion tliat you mij^ht V)e four or iivo. leagues with- out the Hook. I am still of opinion that with a j^ale from the Southwest and the very first of the tide of Hood, those ships will be under weigh, nuiny hours b(ifor«i I ean give you notice. A Pilot Boat with the wind from that (piarter (!au nuike no head way against the tide : nor can a cutter or row boat do much better, particularly after they get below the narrows and have a heavy sea or swell to obstru plan, let mo know, send np an officer, and I will j^o and stiition them. Let the officer he dressed (uther in plahi eloth, or as an ordinary seaman to prevent siispicMon. Yon mnst not think of again coming ahove the narrows — From ])rivato letters dated at Balltown Si)rings a])ont 190 Miles np the lindson river, Jerome? Bomipartc; and his Lady wcr(! there a few days since — I cannot therefoi'c think they have it in contemplation to attempt an escape — still they may, their measures are very secret. TO ADMIllAL Sill ANDREW MITCHELL. Sir.. Now York I" August 1804. The boat which retnrned this morning from the (Jambrian brought me 3'our lettfir of the 18"' of July, and aiu^ther from (\'iptain Skene announcing his arrival off Sandy Hook in liis Majestys Ship Leandcr. I am happy to learn that Captain Bradleys conduct meets yonr a])probation. He is a very worthy, zealous officer and a gentleman for whom I have a sincere regard. I am however apprehensive you are uiuler a mistake in supposing the officers commanding ships of War of belligerent Powers, having a right in a neutral Port to board ships of their own nation and to impress men from them. But this is a point for M"" Merry to nuiintain with the American Goverunumt, and unnecessary for me to discuss with you. I shall only add that I am clear His Majestys ministers will coincide with me. The conduct of French ships of War in this Port and in Virginia, may be used as a collateral argu- ment in defence of Captain Bradleys measure; but never in jus- tification — because two Wrongs will not make one right — I am rather apprehensive you have been misinformed respecting the *' French Frigates now iu this Port having boarded a French Schooner or Brig and impressed the whole of the crew." On au enquiry, all that I could learn, was that they had taken from a French Vessel four men, wh^ 'ley stated to have de- la* ■<^ r ! . if (■ ■ fi hi »l J; ii 182 (lOUUKSI'ONDKNCK OF THOMAS ItAKdliAY sorted from tlioni — Tlio Ooiiduct however of the IVmrsuivjiiit this year, ami of tlie Somiluiitc two or tliroo years siiuM^ in tlie ('hesepeaic was siiaiiiefully outraj^eous, anlf ucai' to the Eastern- most part of Lou}^ Ishiud he resolved to j^o ovim- the Shoals. Oil the ()"' he took a Pilot on hoard for that purpose, hut the Wind soon after eoininjif to E S Vj hlovviuj^f fresh, with thick hazy W(N-ither, and beinj; unahh^ on either tuck to weather the land, by the advice of the I'ilot \n' bore away for Fisher's Island, and anchored about a mile from lln^ New liondon Light llouse. — ('aptain Mansfield and his mate who had been sent in tlui Ship for Halifax, nnide their (vseape from her on the 7"' Instant while M' Y(*ates was beh)w, and went on shore, wluire they hired an armed liandittt! to retake the Shii), and came out from New London in a sloop for that purpose. Suspicious of this, and the Wind haviuij: chaiij^cd a few points, M' Yeat(!S had cut his cabh^ and got undi^r way, a.ml had proceeded some; leagues, when he was overtak(Ui, boarded and carried by twenty five! men from tlu^ Sloop — M' Y(^at«'s and the Li^anders imni W(M'e {)ut on shon; at New London, and the b]ugonia proceedt^d dii'ect to this i)lace throngli tlu; Sound where she arrived on the 8"' Instant. M' Y(>ates, M' Masters \]\rco, S(\'inuMi and the two Marines (iojue here late in the afternoon of the !)"' — Tlu^ othcfr five Seanuui (hiserted at New fioudon — I immediately took his affidavit and tra.nsnntted it the next nu)rning, with a letter from nu': detailing the particuhu's and re([uesting M' Merry to make spirited remonstrance's with res[)ect to the ('onduct of Captain Ma.nslield his Mate and the armed men hired at New Loudon, and to demand a restitution of the Ship. — As the Ship alth<>' ir,dmitt(!d to an entry had not yet (M)mmenctKl the discharge of her (^argo, I also wrote; on the nu)rning of the 10"' a Leti.er to the proper ollicen's of the Customs on the Sub- ject, inclosing a copy of M' Yeat(is' affidavit, and re(|uirW('V(M* he. innst be th< best judi^e. — I am pained to add ho has been very nnwcll for some time past. I TO MK. MEKUY. New York Aiij,'' IS"" 1S()4 SlK. I liave the Honor to t'neh)sey«"i a K'tt»'r I'rcMn C-aptain Skene ol" His iMajesty's Ship Ijeandcsr, and a eopy of a h'tlei' from Captain Hradh'v of tlie Cambrian to me received tliis MorninJ,^ I have to aeipiaint yon that the Siiip I/ittU? (V>rnelia de- tained b}' the L(;ander ami sent to Halifax for aroba- tion of tlu^ M(^asnre, retnrm^d (^iptajn Skeiu* the papei's, and offers l() abide the Sentence of the Vice ( Vmrt of Admiralty at Halifax.' of ew the the the Uib- of to .rti- or- erry the TO MK. HAMMOND. New York 'S.V Aujyust 1S04. Sir. T was ijiformed a tew days since that the S(!cond instalment due by these states to His Majiisty h.ad not yet been paid, ow- iuf? to M' Merry not havinji^ I'cceived an ord(!r for that pnr- poso — It may l)e of moment that Lord Harrowby should be mad(* ai(^(piainted that Spanisli dollacs are not to l)e obtained at any [>r(!minm ; and bills of excliani^'c^ bear an advance of two and one half per ('(Mit, but would rise to five if .C2()0,(K)U StcM'linjj^ is to be punOnised. iiesides with ev(4*v precaution thoro is much ns(iue in buyinj^ bills from Merchants — LIndiM- lN(>twitliH!aii(lii\f^ Mr. .tiiliol's was ii French iiifrcliuiit, living in hiindsonii' olTcr, it doos not. apjiLmr New-York, wlio had married I'or- tliat. tlio liitlle Cornelia was ever, nelia liivingsion, sister to Selniyler in fact, Hurrcnilered. Mr. Juhel Livingston, Han'lay'a son-in-law. 188 C;ORUESPONI)KNCE OP THOMAS BAIWILAY 11 those iiMprcssious and not knowinj,' whether any inode lias b(5i'n adopted for advantageously remittini; this Sum or mak- ing a eonvenient application of it; I am led to offer through you my opinion to his Lordsliip. — The six hundred thousand pounds is to he paid hy the American States as a gross Sum in satisfaction of British Debts due to American Loyalists — Whenever the Commis- sioners api)ointed to certify the Sums due ea(;h Loyalist re- port. 1 think it would be most for His Majestys Scviee to give drafts for thcf respective Sums awarded tliem payable in America. This m<>de will save the (Tovernment much tnmble ami expense and free it from the possilnlity of dang«u' from protested Bills — The individuals who are to be paid will find ways of getting their money to Great Britain, indeed many will want it in this country. — A conviction of the ])rudence of this measjire has led me to take the liberty of offering my opinion, and if no more proper ])erson can be found to receive the nu)n(^y and pay the drafts, I beg leave to timder my Services — It is with pain I mention to you M'M(U'ry having had a sec- ond severe attack — It is of the apoplectic kiiul — His mind since! his arrival in America has been much perplexed by un- toward events of which you are not ignorant. His Majestys Ships Leander and Cambrian still continue oft' this Port, watching the French Frigates within — It is said the latter intend going to Sea in a few days. Many (com- plaints from the American Government again ( the comluct of the c(mimand(!rs of the British Ships of War; l)ut all of them unfoiuuled, save that of the 17"' of Jum^, respecting the Ship Pitt, and treatment of the American officers. ff II r ■! ' " TO Mil. MEllKY. New York 24 August 1801. {Primte.) Dear Sir. I am greatly pained to learn by your private letter that you have experieuced a relapse and continue weak and indisposed. lyf'H CONSUL-GENERAL, 1803-1804 189 off lem The informa*;ion in your own hand writing has been com- municated to the Commanders of His Majestys Ships of War off tliis Port. — By the news papers you will see there are many charges against them of impressments within the Amer- ican Waters, maltreatment and imprudent expressions, most if not the whole of them are without foundation: but four in- stances have come to my knowledge, neither of which have been made the subject of complaint, in which I am well as- sured the American shijjs were l^oarded within three miles of the Shore. T have repeatedly stated this to Captains Bradley and Skene, and recpiested them to be more careful in future that the Amei'ican Ships are more than a League from Shore when Boarded — I added my opinion that a small rehixation in boarding and impressment would in my opinion be politic. — It is wliispered, and I have reason to suspect it, that the two French Frigates will attempt their escape in a few days. The Editor of the American Citizen has made a violent at- tack upon the President of the Marine insurance company, wherein he states tliat that Gentleman had wi'itten to you on the Subject of French Privateers being on the American coasts, and in consequence of his representations our Ships i )f war had been sent hither.^ This we know to be false — But he has learnt from a confidential person, that you shewed to "^r' Galatin ray letter of the 12'" of May, wherein I informed you 1 The article appeared in tlic Citi- zen of Auf^iifit 22. The following extracts exliibit the substance of Choetham's attack : "The Leander & Co. "It is communicated to me by good autliority that Mr. William Neilson Sen. of this city, merchant wrote to Mr. Merry immediately after his arrival in this country, rcs- qnesting him to order a naval force olf the Hook, to protect American Commerce. It is added that Mr. Neilson's letter is now in the hands of the Sec. of State communicated by Mr. Merry himself. As the Rev- olution which severed the colonies from the crown of Great Britain never altered, as we are informed, Mr. Neilson's attachment to it, Mr. Merry could not but comply with his Toquf^st tojyrotcetAmerimnCommercc, anress lii-itish Seamen in their ports can nevei" alter the old established Laws of Nations, or take away tin; rij^hts of (»thor neutral powers. — In the regain- ing; possession of the Eugenia by violence and recruiting an armed Body of Men on shore for that purpose, M' Merry ap- pears of opinion that it is not an Act that will admit of a re- monstrance — There again 1 am so unfortunate as to Ite of a contraiy opinion, which I have statetl to him at large with my reasons. I have notified Capt. Bradley of the probability of the Fnineh l^^-igates attt^nipting their escape either through the Sound or by the Hook: If the latter they will wait the first fresh Gale from the N W and I have cautioned him to keep well to the Northward of Sandy Hook, so to have tluj Bay open to him up to the Narrows, that ho may see the Ships coming down, and be ready to meet them, because in less than two houi's from their getting under way they will be at S(!a and if our Ships run to the Southward of the Hook they will be to leeward and never overtake them. I am sorry to achia, but were wrecked off the Cai>es of the Dela- ware and returneil. In November, they embarked in the French frigate Lo Pr<5sident, late Poursuivant ; but disembarked on learning of the arri- val of H. M. S. Revolution riairo on the coast. This ended their attempts for the winter. In December they were in Washinirlon. I la: I CONSUL-OENERAT., 1803-1804 195 tliat for His Majestys Ships. 1 liavo no authority to employ such a Hoat, unless you think proper to order it — The Syble it is said will renuiin here nntil our Ships are compelled to leave the <*oast; perhaps this is mere report. TO VICE-ADMIRAL SIR A. MITCHELL. New York 'i'i'' Sept' 1804. (ZV/i'«/f.) Dear Sir. Throuf,'li the intervention of a friend of M' Piehon and mine, I have this day requested you wonld send him any l)rivate familiar letters of his which may have been forwarded to yon from C'apt" liradley or Skene — and informed you that he would consider himself nnder an obligation if you feel yourself at liberty to favor him with copies of his official let- ters, which were taken on board the Eugenia or little Corne- lia, provided they contained nothing which can injure His Majestys Service — This last request I should not have made, had not Captain Skene informed me of the Contents of those letters, and that they merely respected Jerome Bonaparte going home — 1 am satisfied had M' Piehon received those let- ters in Season, Jerome wonld before this have embarked on board one of the Frigates, and attempted his Escape from your Ships : and I am further of opinion that M' Piehon will hurry him off on receiving official copies of them.' — The Cam- brian and Leander are now within the Hook, to avoid the ef- fects of an equinoctial Gale and to complete their Water. 1 The official letters referred to were written by DeerSs, tlio French Minister of Marine, to Piehon and Jerome Bonaparte, conveying the orders of the First Consul for Je- rome's return, but prohibiting the coming of " the young person" with whom he had formed a connection. Tlio letters are dated the 30th Ger- minal in the year XII(April 19, 1804). Translations are printed with other original documents, in an otherwise worthless little book, "The Bona- parte-Patterson Marriage," Phila- delphia, 1873. M 1 ! 1 ! 1 > : '1 1 ^ i 1 M .,uii i (; I ! 1 I ; 1 19G CORRESPONDENCE OP THOMAS BARCLAY The French Frigates reniaiu moored near the City. The Sy- ble lias had lier balhist overliauled and her rij^ging set, hoth Ships liavo been completed with Water, and their Coops filled with Poultry &c &c &c so that every thing indicates an inten- tion of going to Sea speedily. Hell (late (the only difflcnlt part of the navigation through the Sound) has bcicn repeatedly examined by the officers of their Ships, and Pilots have been examined as to the feasibility of taking them through and or- dered to hold themselves in readiness — still I have it from un- questionable authority that they do not inteiul going to Sea that way, but will barely make the attempt, a ruse de guerre, in the hope that Captain Bradley on hearing that one of them has gone up, will send one of his Ships to the East end of Long Island to intercept her ; in which case the french Frigate will return and both Ships put to Sea. The truth is, that what they intend as a feint, ought in reality to be carried into effect. By sending one of the French Ships to New Port Rhode Is- land Cap' Bradley must have detached the Lcander or Cam- brian to watch her motions. If the Leander was the Ship, the French Frigate might easily escape, and if the Cambrian went off Rhode Island, then the Ship here might put to Sea — all they aim at present is to get Bonaparte off in either Ship. From receiving their complement of Provisions and Water the French Frigates swim very deep — The Syble draws twenty four feet Water — I have had private information, l)ut on which no depcndance can bo placed, because the man is a Stranger to me, and I have reason to suspect him to be a spy, and treat him accordingly, until I am satisfied he is the re- verse, that both the Ships are to remain where they are until our Ships retire, and that the Commodore will embark for France next week in a Merchant Ship — Time will develop this, and if the report proves true, induce me hereafter to af- ford to this man a grain more of credibility ; I however very much doubt my being authorized to place confidence in him. I say enough when I add that he is a Dutch Jew, who has travelled over the Globe, knows every Body and every thing. — If he was honest, he would be serviceable as he daily visits the French Ships. i CONSUL-OENERAL, 1803-1801 197 I ■i TO CAPTAIN BKADLEY. New York :U"' Oct' 1804. You liavo noticed from tho papers that a frcneh Frif^ato is (•xi>(M!ti'(l hero from France, whicli report is confirmed to mo this day by 3r Mei-rv. I have reason to believe she was yes- t(!rday off this port and communicated with one of the pilot lioats. Tlio French Cliancellor mentioned this last Eveninp and the Genthunan to whom ho stated it camo and told mo of it. White the pih)t (who it appears is about to bo turned out of his boat) came this morniii<; to Peacock and told him, that both tlie French Frij,'ates had taken Williams and Minu{^h and two Hell (late Pilots on Ijoard, and woukl certainly pass through Hell Gate the first fair wind. Yon will therefore take yonr measures accordingly — It is added by White that tho french frigates will go through this next flood if the wind will admit, and that you cannot go out until next tide — Per- haps the whole may be a finesse to put you out. What fortifies mo ir the Idea that they are on tho wing, is that they have lately had a press-gang on Shore, who took off six men that came to my knowledge and perhaps many more — Four of them they have been compelled to restore, and meas- ures are taking for the other two — I wait only until niattors are ripe to doveloi)e this act of violence to the public — I send this by an express, that you may be ready at a moment-- Kely on my attention. .-ft TO CAPTAIN BRADLEY. New York 3'" November 1804. Sir. By Busliat at 12 OClock A M this morning I received your three letters of yesterday and I am happy to learn from my Son that ho saw both your ships out at day light this morn- ing — The Breeze is light and favorable and I hope you will be at Montock Point in time to intercept them. It is said 13* ii; 1!)H ('ouuespondkn(;e op tiiomas iuiiclay Itotli Fi'ciKih .ships touched in ^joinj^ throii^rh, & that Ihoy an- chnred hist night, ]»ut tliis is not oonflnncd. Ii(»lh Mushal imd myself have l)eon all over to hire a dispat*',!! lioat l)iit without success. At day Break I was on Ijoiipj Is- land to procure onc^ conviiKM'd every Itoat has Iku'u l>ril)ed, or threat(Mied not to go. Hushut therefore gcx's himself in his own boat — II»^ and Stevenson have been iiin'emitted in their «'xei'tions and merit everything fi-om us; should I learn anything of moment 1 will give it to you. If you once get sight of these ships, keep it, go wlicro they will. TO VICE-ADMIUAL Sill A. MITCHELL. i? )'■> ! ' New York 7 Nov' ISUl. Sue. I have the Honor to inform you that the French Frigates Didon and ('y^>'^^ proceeded through Hell (late for Sea at half I)ast four P M on the 2'' of this month, with a fair Wind, and from tnci best accounts yet received, they were seen on Satur- day ' at 5 Clock P M between Block and Long Island stand- ing to Sea — It was then nearly calm and continued so all night early Sunday Morning the Wind was from the S E, light airs and thick foggy Weather — on Monday Morning at 2 o ('lock A M the Wind came round to N N West and l)lowc(l fresh — Captain Bradley received notice from me on tne 31"' of Oc- tober of the intended departure of those ships by the way of Hell Gate, and was kept constantly informed from that day nntil they sailed — There was reason to suspect the French Ships intended merely the measure as a feint to draw His Ma- jestys Ships to sea — It was therefore resolved by Captain Bradley not to proceed in pnrsuit nntil they had got through Hell Gate. For this purpose I had a confidential person posted 1 November od. I I. ,' CONSUL-OKNERAT., 1H03-18(H 19!) I 4 I at Brooklyn Ilciu'lits to ride down to (imvcscnd (lie instant Ik; Hiiw the Frciicli Ship beyond Hell (iiilc, and to acqnaint my son with it, who waited there to eonimuni(^ate by sij,'nal with Captain linidley— At half past flvo o ('h)ek in the Kveninj? of that day he arrived at (Iravesend, l)ut it was then lietween day lif^ht and dark so tluit the Knsi^n hoisted on a flagstatT (•oidd not be distinjj;nished from His Majestys Ships layinj; in Sandy Hook Hay, distant abont t\.elve miles — M' Henry Har- elay the;' *foro dispatched a boat to Captain Bradley with a letter eonfirmin<^ the departure of the Fremdi Sliips, and im- nn^diati'ly lij^dited a fire the nij^ht Sip^nal, the (Japtain of the l*a(!ket by my orders informed C'ajjtain Bradley wouhl be nuid*?. The li^ht was observed on boai'd shi}), but not so satis- factorily as to induce Cap' Bradhsy to f^o to Sea — At 8 o C'loek however the lij^ht was distinctly seen, and some Idne lif^ht also whic^h Cap' Porteous of the Packet had broufj^lit from tln^ Cam- brian, and the ))oat from my Son arrived at the same time — There was then about two hours flood remaiuinj;, and I had hoped His Majestys Sliips would have gone out, as there was a very flr'^ leading Wind. His Majestys Ships however did not get under way until near day light of the next day (the 3' of November), early that Morning my Sou saw them standing to the Eastward with every sail and a leading but light breeze — I dispatched a Schooner to watch the Enemy and communicate with His Majestys Ships off the East end of Long Island — "We have had no report respecting either Ships, nor has the Pilot Boat which attended the French Frigates, or the one by me sent to Cap' Bradley returned. I fear there is little probability of His Majestys Ships meet- ing the FreiKjh Frigates. TO MK. lAMMOND. New York 9'" Nov' 1804. Sir. I received on the 2' of this month a letter from William Bradley Esii"^ Commanding His Majestys Ship Cambrian, on '**^-' ■SR9I 200 CORRESPONDENCE OP THOMAS BARCLAY i. \ I I I the subject of bus beinjij supcrsodcd in tbo comniaiul of tluit sbip in coiise(iuoncc of my letter to you of tlio 27"' of June hist, and that the Seeretary of the Adniiralty had by order of tho -Lords Coinniissioners transmitted a eoi)y of my Lettcu* to Viee Admiral Sir Andrew i\Iitehell ('onunander in Chief of His Majestys Ships of War on the Halifax Station, as the •ground work of their order. ' I am particularly pained tiiat such serious eonsequenees have followed a detail of facts, by me inteiuied only for the information of His Majestys Ministers — Tt is true I differed in opinion with Captain Bradley on his impressment of the Men at Stateu Island from on board the British Ship Pitt, and urged him to restore thom in Avliieh event every other complaint might have been happily got over with the Ameri- (;an ({overnment; but Captain Bradley could not persuade himself that he had acted improperly, and the situation His Majestys ships were then in, expecting any moment to eomt^ to action with a greatly superior force of the Enemy, I am convinced induced Captain ] Bradley to consider he was ad- vancing His Majestys Service by retaining the men. In justice to (^aptain BraiUey I feel bound fui'tlier to state that from his arrival with His Majestys Ships in June last to their departure ou the third of this month, I know not an in- stance (save the one before mentioned) in which blame can attach to him, ou any of the complaints which may have been made by the American Secretary of State, on the subject of impressment of men, breach of neutrality, or infringing the Limits of American Jurisdiction. The zeal and unwearied attention with which he has supported a tedious and dillicult 1 Ou tho lirst of Seytombor, Lord Ilarrowby informotl Mr. Moiiroo that tho British Govornmoiit had dia- approvod Cai)taiu Bradley's conduct aud eonsurod it by romoviuR him from tho comuiand and ordering him homo to ac'coinit for it. ]jord Ilar- rowby sa'd, adds Mr. Monroe, "that as this stop had boon taken before any complaint had been received from ourtioveinnicnt, it could not bo viewed otherwise than as a strong proof of tlie desire of His Majesty to cultivate tho friendshipof the United States ; to which I readily assented." A year later Monroe learned that Captain Bradley had been ai)pointt'd, immediately on his return, to the command of a ship of tho line. Amer. State Papers, For. Kcl., Ill, 90, 10(J. CONSUL-GENERA Ti, 1S03-1804 201 blockade of five inonUis, arc proofs of liis luorit as a Soamaii and an oITuhm-. I liave tin; utmost rospoct for him, and will consider myself under an oblityation by your ac(iuaintinji: the Lords Commissioners of the Admiralty, that mv letter of the 27"' of June was not iuteiulcd by any nutans as a complaint against Captain Bradley, but for the information of IFis Ma- jestys Ministers, that they mi<^h^ 1 ])ossessed of the facts, ■whenever a representation was nuuic by the American (Jov- ernmeut. TO MK. MEKllY. ad- lilnotbo strong ^jesty to 5 United konted." led that |>ointrd, lo tlio Amer. I 'JO, 100. Now York 10 Nov' 1804. Sir. I yesterday by the return of the dispatch Boat, received a letter from Captaiu Bradley the officer commamlinjij His Ma- jcstys Ships C'ambrian aiul Leander dated at Sea the 7"' In- stant, wherein he informs nu^ that he arrived at ten O Chx^k on th(^ night of the third instant olf the East End of Long Is- land, but that the weather was so vcrv thick, that thev could not see twice the length of the Ship, and that during the prev- alence of this fogg the Enemy had passed him. lie had therefore resolved to proceed immediately to Halifax Nova Scotia with both Ships.' I cannot but regret that His Majestys Ships did not go to Sea, from six in the Evening of the 2'' until 10 oClock that night during all which time the signal lire, which I had in- formed Captain Bradley would be lighted when the Enemy had passed Ilell Gate, was burning, and seen from the Ships. At 8 oClock that night Captain Bradley received a letter from M' Barclay my Son, at the Signal Port, giving him no- tice of the departure of the French Ships, at which tinu', there was yet near two hours Hood tide. Had lu^ then proceeded His Majestys Ships would have doubled Montock point, the East End of Long Island, before sunset on Saturday, and as 1 Tho I'^roiu'li ships rcaeliod I/C)r- sailod on a l'ii(hiy. Was Urailloy's icnt in Doconibor, after a lino pas- laihu'o to start promptly in pnrsnit sago, and this in spito of their having duo to superstition f •*- ■n\ W 202 CORRESPONDENCE OP THOMAS BARCLAY the weather was then clear must have seen the Enemys ships. From Captain Bradleys letter it appears, the pilot of the Cam- brian made some demur about taking the Ship out at night, but I understand from Captain Skene of the Leander, that his Pilot was not only ready to carry her over the Bar, but return and conduct the Cambrian also. lips, am- ght, t, his turn CHAPTER V CONvSUL-GENEKAL, 1801-lHOG m FROM Juno 18 to NovGinber 3, 1804, tlio port of Now- York had been practically blockaded by the little British squadron which had been kept to watch the Dldon and Cijhelc. Barclay's correspondence shows, be- yond a doubt, that the original purpose of their visit was purely military, and therefore perfectly legitimate ; but they improved the occasion by inflicting injuries and insults upon the commerce of a neutral port — one can hardly describe it as a friendly one — which are almost past belief. Basil Hall's account of his service as a mid- shipman aboard the Leander in this summer of 1804 is well known. " Every morning at daybreak," he writes, " we set about arresting the progress of all the vessels we saw, firing off guns to the right and left to make every ship that was running in heave to, or wait until we had leisure to send a boat on board ' to see,' in our lingo, 'what she was made of.' I have frequently known a dozen, and sometimes a couple of dozen, ships lying a league or two off the port, losing their fair wind, their tide, and worse than all their market, for many hours, sometimes the whole day, before our search was completed."' The search might result in ordering off the vessel to Halifax for adjudication, and it almost in- variably did result in adding two or three likely men to the crew aboard his Majesty's ship. The guesses or 1 Fragments of Voyages and Travels, Cliap. V. 203 • « 'I It 204 CORRESPONDENCE OP THOMAS BARCLAY 'I 'it m' It '1 if 1 H 1 h'^ i ■, 1 1 1, "1 J 1 ' i; l> suspicions of British lieutenants as to the true owner- ship of goods, or the nationality of a soaman, were prac- tically decisive; for redress came but seldom, and it almost always came too late. The sense of wrong felt by ship-owners and mariners was immensely aggravated by the circumstance that all this was taking place in full sight of American soil, and probably in many in- stances within American jurisdiction. But now, for a time, the annoyance of a blockade was over; and, indeed, it was never renewed in any time of peace for more than a very brief period. The chorus of complaints in regard to " impressment within American waters, maltreatment, and imprudent expres- sions" had produced its effect even on the minds of British naval officers. Since the latter part of August they had exhibited little activity. During September and October the Leandcv and Camhrian had, for the most part, been lying snugly at anchor within the Hook, partly because of protests and remonstrances, and partly because the advancing season greatlj'- multiplied the difficulties of an effective blockade. The coasts of New Jersey and Long Island trend away to the southward and eastward, nearly at right angles to each other, and deep water is generally to be found close inshore. A wide opening and a broad stretch of sea was thus left to be patroled by vessels that watched outside the bar; and if the British cruisers were strictly to observe American neutral- ity, and confine their efforts to points distant three miles from either shore, the task of intercepting vessels that chose to hug the beaches became almost hopeless. The longer nights and stormier weather of autumn also greatly facilitated the escape of outward-bound ships, whether American traders or French frigates. No CONSUL-GENERAL, 1804-180G 205 i-itisli itral- square-rigged vessc4 could safely keep her station close outside the bav of New- York, in an easterly gale, so as to intercept all incoming vessels; and the northwest- erly gales of winter would prevent her from lying to under canvas, a league or more offshore, in such a po- sition as to arrest vessels who had the choice of running out either to the southward or eastward. As soon, therefore, as the French frigates had sailed, the English gave up their watch on the port. For many months there was no further serious cause of complaint. But the reckless proceedings of the summer of 1804 had not been forgotten, and they were to bear bitter fruit in the increasing ill-will with which the American people regarded the Government of Great Britain. All through the year 1805, while the great strategic movements which culminated at Trafalgar were going on in other waters, British squadrons had ample occu- pation elsewhere. In the month of June the Camhriau and Leander were once more for a few days off New- York, accompanied by the sloop-of-war Busij ; but, with this exception, there were only brief visits from single ships. The Bevohitionnaire called for Spanish dollars on February 3 ; the Biisf/ came from Bermuda on March 6, with despatches, and sailed within a week for Halifax; an armed schooner was oft" Sandy Hook for a few days in May ; the Indian arrived in August, and the Camhrian early in November, remaining each but a short time; and the Busij called again on De- cember G, with despatches. There was no attempt at a repetition of the blockade of 1804, and the year passed here without special incident. American vessels were, indeed, searched and seamen impressed, but it would be a mistake to suppose that there was, in 1805, any- 1* Mr (!! '. * 20G CORRESPONDENCE OF THOMAS BARCLAY thing like a continuous watch kept by ;ho British upon the commerce of this port.' In the spring of 1806, the Camhrlan and Leander a third time appeared off Saudy Hook, this time in company with the sloop-of-war Driver. Their unwel- come presence was tragically signalized by the killing of an American citizen by a shot from the Leander^ and their visit was brought to a sudden end. Meanwhile, during these years of 1805 and 1806, Bar- clay's domestic affairs were prosperous. Henry, his eldest son, entered into partnership with a Mr. Henry C. liumsey, " a wholesale Silk mercer." De Lancey left the 17th Dragoons and got a commission as Captain in the 56th Regiment of Foot. Thomas, after serving in the Boston and Impetiicux under Captain Douglas, was pro- moted to the rank of Lieutenant, and joined the North- umhi'rland under Admiral Cochrane." George and Anthony were still at school in Nova Scotia. One sad event occurred. Susan, who had married Mr. Stuyvesant in the summer of 1803, died within eighteen months of her marriage, when not quite twenty years old, in her new house in Partition (Ful- ton) street. Her death threw a great shadow over this period of Barclay's career; and it made a deep and lasting impression on his mind. His home, imtil the summer of 1806, continued to be in New- York, except when the yellow fever again drove him for a few weeks into the country. This time he found refuge at Elizabeth, in New Jersey, and he re- 1 Into this mistake both Mr. Adams 2 De Lancey Barclay's comii^ission and Professor McMaster have fallen, as Captain in H. M. Army bore date Adams's Hist, of the U. S., Vol. Ill, April 24, 1805; Thomas's as Lieu- pp. 91, 92; Mcilaster's Hist, of the tenant in the navy, Se]>tember 11, U. S., Vol. Ill, pp. 236, 240. 1805. CONSUL-GENERAL, 1804-1806 207 I mainod there from about September 12 to October 22, 1805. In June, 180G, Barclay gave up his Greenwich street residence and moved into the country, in the Town of Harlaem, about seven miles from the city; and there, for the next ten years, his family continued to live. His house, with its ten acres of ground, lay in a pleasant suburb near the East Eiver. It was situated on both sides of the present lino of First Avenue, and extended from about 108th to llStli street. It cost £5500 New- York currency, or $13,750. These two peaceful years in New- York were eventful enough in the world's history. Jefferson was reelected President. Burr's term as Vice-President ended, and he fell to hatching his mad conspiracy. Pitt died. The victories of Austerlitz and Jena gave Napoleon the mas- tery of Europe. The victory of Trafalgar gave Eng- land the absolute control of the sea. TO THE COLLECTOK, NAVAL OFFICER, AND SURVEYOR OF THE PORT OF NEW- YORK. aii^ission bore date IS Lieu- iber 11, New York lO'" Nov' 1804 Gentlemen. The Lords of the Admiralty having ordered Captain Beres- ford of the Royal Navy to proceed to America to take the command of His Britannic Majestys Ship of War Cambrian, Captain Beresford in obedience to those orders arrived not long since at Norfolk in Virginia in His Majestys Sliip of War Revolntionnaire. At the time of his arrival at Norfolk, the Cambrian was off and on this Port, and Captain Beresfords baggage and Stores were put on board an American coaster in Hampton Roads for the purpose of being conveyed to the Cambrian. Previous to the arrival of the coaster off this Port, not only the Cambrian but the Leander had sailed for fi; I 208 CORRESPONDENCE OF THOMAS BARCLAY ! /^ il i 1 i Halifax in Nova Scotia, and Captain Bcrosfords Baj]^gape and Stores in which arc included seven hogsheads, one (luartcr cask and thirty dozen of Madeira Wine, were brought up to this city, and are now on board the coaster. Captain Bercs- ford wishes to have permission to remove them from thence on l)oard a schooner which ho has chartered to carry his bag- gage and stores to Halifax, free from the Ajuerican duties to which the Wines have undoubtedly become liable by the un- expected departure of the (^ambrian. — Permit me to request you Gentlemen will be pleased to grant a permit for the above purpose: The liberality of the American Government I trust will prevent an exaction of duties on articles composing the Stores of a naval officer casually arriving in transit within its Jurisdiction.! 1 TO MR. MERRY. ii' I i New York 20"' November 1804 Sir. By this day's post I have received your No 37, covering a draft made by G. Simpson Cashier of the Bank of the United States on the Cashier of the office of discount and deposit in this City in your favor for seven hundred and fifty thousand dollars and by you indorsed to me, also a form of the receipt I am to take in triplicate on delivering tlxe above amount in gold to Captain Hotham Commander of His Majesty's Ship Revolutionnaire — I have had a confidential communication with the Cashier of the office of discount & deposit in this City, who purposes if it meets your approbation to pay the whole in British and Portugal Gold, but by far the greater proportion in British — There is very little French Gold in the Bank here. — 1 Captain Beresf ord did not go to Beresf ord and bis Madeira then Halifax, but remained in New-York joined her and proceeded at once until about December 23, when the to the West Indies. Cambrian arrived here. Captain > r h CONSUL-GENERAL, 1804-1800 209 TO MR. MERRY. New York 0'" Dee/ 1804. 8lR. The Spanish and French coins, as I have before noticed are in very good order, having snflfered little or no niutiUition, the proportion of French is very trifling. — The British Gold is also tolerabl}' good, the one half at least standard weight, bnt the Portugal Gold is abominably clipped, sweated, and muti- lated, and at least one fourth i)art of it consists of half Johan- nes made from Spanish Gold, for the West India market or plugged half Johanno . — These are returned and other good gold given in their place. — The selection of these is difficult and occupies much time. I however hope the whole will be examined and packed by Tuesday or Wednesday next. — M'' Burrell is very polite and accommodating. I have by two conveyances notified Vice Admiral Sir An- drew Mitchell of the arrival of the Poursuivante (now called the President) in the Chesepeak — and shall by the next op- portunity acquaint him with Captain Ilothams situation. — Captain Beresford who is still here, has requested the Admiral to send the Cambrian to this place for him, and also notified him of the Poursuivante : he tells me he expects her here in the course of a few days. I Ship Isli and ira then at once TO MRS. MARGARET DE LANCEY. New York 31 Jan' 1805. Dear Madam. The inclosed letter I received yesterday from the Attorney employed to collect the Debts due the late General Hamilton, who I retained as your Counsel against this State. — This charge stands in the Generals books in addition to the hundred dol- lars originally paid him by me ; and of course ought to be paid. I have therefore discharged it, and will thank you to pay my draft in favor of Messrs. Brook Watson & Co : for that amount on you. 14 210 CORRESPONnRNCn OF THOMAS nARriiAY Mrs. liuivlay, myself aud family, iiro in exti'omo distross by the death of my lovely and most amiable daughter Mrs. Stuy- vesant who died on the 14 of this month — She had not yet at- tained her twentieth year. — I do not say too much when 1 add that sh(> was in mind and appearance one of the fu'st of Wo- men, and in duty and affcetion the l)est of Children. — You my dear Madam can and I am sure will feel for us. TO JAMES FAIKLIE, DEPUTY MAYOK. New Y(n-k 7 March 1805. Si n. I have received your letter of this day, on the subject of James Smith, Richard Jenkins, James Stokcly, James Bailey, James Woodworth and many other Citizens of the United States of America composing the crew of the American Ship Manhattan bound from Batavia to this I'ort having been im- pressed in February last at Sea by the Commander of His Britannic Majestys Sloop of War Busy, and that they are un- lawfully detained on board the said Sloop now in this Har- bour ; and that these facts have been verified to you under oath.i Permit mo to assure you that it is not oidy contrary to the orders of the Lords of the Admiralty to impress, but to the wishes of the Commanders of His Majestys Ships of War to detain an American Seaman. But it is a fact too notorious to have escaped your knowledge, tliat many of His Majestys Subjects are furnished with American Protection, to which they have no right or title — 1 Tho Manhattiin belonged to Fred- erick and Philip KhineUuider, and was chartorod by Minturn & Champ- liu for a voyage to Batavia and back. On her return, with a cargo of sugar, coffee, indigo, and spices, she was captured by H. M. brig Busy, on tho alleged ground that she carried a Dutch passenger from the Cape of Good Hope. She was sent in to Bermuda, but ordered to be restored by tho Vice-Admiralty Court. See Amer. State Papers, For. Rel., Vol. II, p. 765. CONS UL-( J KN F, R AT,, 1 H()4- 1 S( )(i 211 ss by St,\iy- M iit- 1 add f Wo- -Yoti 1805. )jcet of Bailey, United an Sliip •een ini- of His are nn- lis Ilav- ii under to tlic to the iWar to )torious [ajestys wliicli larn ed a Capo of |>nt in to restored iel., Vol. Capt Binni of flu^ liritish Slo()[» of War now in tills Port lias on board, I boliuve, tliirtt'un men of tlie CrtiW whicdi sailed in the Manliattnn from Hatavia, and which lie took out of that S]ii[> when lie sent her to the Vice Court of Admiralty at Bermuda for adjudication. Tliere can be no (question at pre.s- ent as to thes(( men, because tlie owners, or rather the (len- tlemen who chartered \\n) Ship Mess" ^Minturn and Champlin have reipu'sted ('apt Biam to take these men witli him to Ber- muda, in order that they may navijjate the Maidiattan from thence to this Port in the event of her bein}? released bv the Vice ('Ourt of Admiralty, which in their and my opinion is probable, allhouj^'h a part of the (^argo may l)e condemned — These men are bound to perform the Voyage, and Captain Biani is eipially bound to see them forth conung if the ship is restored — under these circumstances j'ou will I trust be of opinion that they cannot be discharged here — Still Sir to in- sure the. readiness of Captain Biam to comply with your re- ([uest — lie is willing in the event of a regular release to him from the owners of the Manhattan, the Underwi-iters and the freighters of that shij), to discharge forthwith such of the men as are bona fide Americans. TO JIR. HAMMOND. New York 13"' March 1805. Sir. By this days southern mail I have received information that Jerome Bonaparte his Lady & a female companion of hers, with several Servants, will or rather have embarked on board the Ship Erin Cap* Stephenson ladeued with flour, & was to sail about the 10"' Ins* from Baltimore probably for Lisbon.^ The Erin sails very fast, & was lately employed by the Span- 1 The Erin sailed from Baltimore dam ; but not being permitted to on Mareh 11, and arrived at Lisbon land, went to London, where her safely on Aprils. Jerome Bonaparte child was born .hily 7. She returned there parted from his wife, who with the child to the United States sailed in the Erin again to Amster- in the autumn of this year. (tl \ 212 CORRESPONDENCE OP THOMAS BARCLAY / ish minister at Lisbon to carry dispatches to Cuba & Porto Kico, from whence she came to Baltimore & has been linstily prepared to carry Bonaparte & liis family — I have thoiif^ht proper to give you this information in the Event of its being thought necu'ssary by His Majesty's Miuis- t»u* to have an attempt made to intercept him — Will you do me the honor to lay the above before Lord Mulgrave?^ TO VIC i-ADMIRAL SIR JOHN ORDE." BRITISH CONSUL GENERALS OFFICE New York IT March 1805. Sir. I have this day received information, that Jurome Bona- parte, Brother to the Emperor, his Lady, a female companion and his domestics, were on the 10"' Instant to embark on board the Ship Erin, Stephenson Master, at Baltimore for Lis- bon ; but possibly for some other European Port. It is not long since that the Erin was chartered by the Span- ish Minister at Lisbon to carry out dispatches to the Havan- nah and Porto Rico, having delivered them, she came to Bal- timore, where she has taken a cargo, or part cargo of flour, and has been hurried to sail with all speed with Bonaparte. She is a fine small Ship, sails very fast, bright sides, white bottom, black Wales, yellow (Inn wale, dead eyes yellow, no bull work a midship, aw' a figure liead.^ I have thought it proper to give you this information, that you may have it in your power to intercept them. — 1 Lord Mulgi-ave had succeeded Lord Harrowby as Foreign Secre- tary Tipon Addiiigton's joining Pitt's Ministry, January 11, 1805. 2 Commanding the British Squad- ron blockading Cadiz. •* The Erin was captured a year or so later by H. M. S. Leopard, and Basil Hall put aboard of her as prize- master. " I certainly never saw a more perfect model of a merchant vessel ," he wrote, "or one more com- modiously fitted up." Fragments of Voyages and Travels, Chap. xvii. [istily ill tho Minis- oil do iTICE 1805. > Bona- iipanion jark on for liis- |ie Span- Ilavau- to Bal- .f flour, [parte. |S, wliite lllow, no Ion, that [pard, and V as prizo- Ver saw a |mercbant aore com- ^ments of xvii. 4 I CON.SUL-OENERAL, 1804-180(5 TO MR. MERRY. 213 NewYorkl8"'M)irch 1805 Tho Colloctorof the Customs iufornu'd moon Saturday that lie liad not olTiinally received n eopy of tho "A(;t for tlio more " effoctua' ,)reservati()n of Peace in the I'orts and Harbours of " tlie Univ d States and in tlio Waters under tlieir Jurisdic;- "tion": nor any rules, instructions, orders, or directions for th(f carrying? the objects of tliis act into effect from the Pre^i- dent of the United States, or otherwise.^ lie has assured mo tliat on receiviufif any communication on t.as Subject he will give me the earliest notice, and permit me to peruse them, un- less they are of a nature not to be divulj^ed — I shall take occasion from time to time to enquire of him whether he has received any instructions, and j?ive you the earliest notice of their extent — There will bo no conveyance from hence to Bermuda in less than eif^fhtecn or twenty days ; so that it is more than probable mat Vi(!e Admiral Sir Andrew Mitclicll with his whole Squad- ron will have left tliat place for the Season, b'.^fcre your letter for him arrives — You will have time to give me further direc- tions with respect to it. In the interval, I shall by every ves- sel j^oing to tho West Indies, write a line addressed to the Ad- miral or an)' of the Commanders of His Majestys Ships of War and desire them not to come within Sandy Hook, until they lirst communicate with mo. There can be little doubt, 1 This act was approved March 3, 1805. A brief suininary of its pro- visions will bo found in Adams's Hist, of tho U. S., Vol. II, p. 397. AmoHR other things, tho act author- ized the arrest of offenders against Amoricau laws when found on board foreign armed vessels, and re of my k'tters will bo received in the course of teu days or a fortnight — I :-■ TO VICE-ADMIIIAL SIR ANDREW RTITCIIELL. New York, 125 March 1805 Sir, I take it for granted Mr. Merry has mentioned to you the very extraordinary act passed at the last session of Congress, with his opinion on it — You will perceive from the general tenor of this act, particularly the 4, 5, (!, 7 and last Sections, that it will bo hazardiug too much to permit Ilis Majestys Ships of War to enter any of the American Ports until an ex- planation has taken place between the two Governinents — By several conveyances to the West Indies I have addressed let- ters to you or any of the Commanders of His iNlajestys Ships of War advising them of this act, and recommending the lay- ing off and on an American Port until you or they communi- cated with Ilis Majestys Minister at Washington, or the resi- dent British Consul, where the Ship may arrive — I have 1 aken the liberty to inclose you the act, as I have reason to be- lieve it is not in either of Mr. INIerry's letters. I also inclose you this day's paper by which you will learn the ii.npleasant account of the arrival of a French Squadron in the West Indios.^ TO JOHN MiKENZIE. New York 2' April 1805 Dear Sir, You will naturally be surprized at my Silence, which has even exceeded the limit I wished, but the situation of my mind for some months past has prevented my writing except in cases of emergency ; and as your cause before the Chancel- 1 This was Missiossy's S(iiiadroii, whicli roachetl Martiniquo February '20. •' h ., CONSUL-GENERAL, 1804-1 SOG 215 \\ IS05 dc'h has of my ^ except ]hanccl- Iruary -0. lor was not docidod until Thursday last I doforrod writinj]: havinjj; nothiuj; satisfactory to coniniunicatc.^ Tho chancellor has not without diflicnlty at last decreed the lands to nie in trust to be sold for your henelit. I shall oflfer them immediatelv for sale, but liands are so low and money scarce that I fear they cannot be disposed t)f to advantajfe. Mrs. Barclay, myself and family are under the deepest alHiction for Ihe loss of my lovely and most amiable daufj^hter Mrs. 8tu3'vesant who died in January, and before she had at- tained her twentieth year. — Her death was occasioned by a premature delivery of her first child, still born. She died four days after, but suffered inexpressible pain — To lose such a child, with such ilatterinj;; ju'ospects, and in such a manner is :nore than human nature can support — Within the short pe- liod of IS months, two most beloved children have (wpired in my arms. — Parents never were blessed with more dutiful, correct and every way promising children — You who ai'c a father can and as a friend I am sure will feel for me — God grant you may never taste of that (!up of which so large a portion has been mine. When you go up to London, I wish you would take occasion to say to some of the printupal underwriters at Lloyds, that they are shamefully defrauded in this C'ity, under tlu^ exinise of an averaged loss upon danuiged goods — That n<»tliing is more easy than t*> procure the Port Wardens to mark the goods as damaged — It is the daily practise when nu'rchandi/e arrives to a Li«J market, or the importer is in want of (!ash — the veiy importer often buys them in at 50 per Cent under first costs — If one bale is injured ten others not injun^d are Every merchant of respectabil- ,S()ld under the averaged loss 1 Mr. McKonzio was a merchant in En^Jtlninl wlio had a claim against Ihcostat. if Colonel McClrogor. Mc- Konzio authorized John Munro, of Now- York, to collect or settle the debt, which ho did by taking a con- voyauco of certain lands from Mc- tirogor's tmsteea ; but Munro dying soon after, iTitestato, the title to the lands vested in his hoirs, and the suit in (iuestiou was brought to have a trust declared in respect to tho properly and to have a now trustee appointed. ^1 ffTT^ 1^" ! 216 CORRESPONDENCE OF THOMAS BARCLAY ity in this City speaks of the impositions practised on the British underwriters — The Evil will eontinne while there is no person authorized to counteract the conduct of the Port Wardens, and to act as the agent for the underwriters. You will perceive that it is the interest of the Port Wardens to condemn goods whenever they can, because they receive two per Cent on the sales, which constitutes the principal profits of their office. Do me the favor to communicate this to the Gentlemen at Lloyds and to Mr. John Gladstone and the other merchants at Liverpool. III ) TO CAPTAIN CHAUNCEY/ New York 2"" April 1805 Sir, Samuel Balfour master of the British Brig Culmar and Pe- ter Brown master of the British Ship Cecilia have represented to me that an apprenti(;e Boy of Capt. Balfour named John Garnly, and an articled Boy of Capt. Brown, named John Hamilton both British Subjects have entered and noAV are on board the United States Ship of War John Adams in this Port and under your command — That they have applied for the re-delivery of their Boys and are told by Lieut. Maxwell that they would not be restored until all expenses were paid. — It is unnecessary for me to make a remark on the impropriety of such an answer. — That the American Government have a right to receive on board their ships British Seamen who de-. sert from British Ships, is a position that can never be main- tained; and it follows, that on discovery they ought to be restored — Permit me therefore to request you will be pleased to direct that tlie Boys above mentioned may be delivered to 1 K^aac Chauncey, at this time before Tripoli, aud was to attain commtiuding the sloop John Adams, wider distinction in the War of 1812 had already distinguished himself by his services on Lake Ontario. CONSUL-GENERAL, 1804-L806 217 their respective masters, without any charge, as that ' ule can- not be admitted : nor is it ever practised in the British Navy — I am under the necessity to acquaint you further tliat four Boys have deserted from His Majesty's Packet Queen Char- lotte now in this Port and ready to sail to-morrow, and that they have been entered on board your Ship. Be pleased to inform me whether you will deliver them to the captain or nuister of tne Packet if they wait on you for that purpose. They are assuredly on board your ship, the fact has been proved to me — TO CAPTAIN CHAUNCEY. \ |) Sir. New York 4"* April 1805. I have the Honor to acknowledge the receipt of your letter of yesterday and beg your acceptance of my best acknowledge- ments for your ready compliance with my request — I should certainly have made my first application to yoii re- specting the British Seamen, had not Captain Balfour of the (fulmar and Capt. Brown of the Cecilia told me that the offi- cer commanding on board the United States Ship John Adams had referred them to Lieut. Maxwell the regulating officer at the Rendezvous here of tliat Ship, and that Lieut. Maxwell had told tliem, the men would not be given up until the ad- vance money and all other expenses were paid. On this in- formation I thought it uimecessary to apply to you, under a supposition that you were under such orders from the Ameri- can Secretary of the Navy — The speedy departure of His Majesty's Packet rendered it necessary for me to apply to the Mayor as well as yourself, because in the event of their not being restored, I should have been obliged to have taken affi- davits of the Facts — I took it for granted that the Mayor had no control over you or in Naval matters, yet it appeared prob- able to me that his recommendation would add weight to my application. f ii mi'il \t ;■ jli , If i 218 CORRESPONDENCE OP THOMAS BARCLAY Yoiir experience in every instance where yon have met witL Officers of His Britannic Majesty's Navy, renders it nnneces- sary for me to say with what ploasnro they render the Ameri- can Naval Officers every aid in their power and I am gratified by tlie very liandsome and polite manner in whicli yon have been pleased to express similar sentiments toward them, and your readiness to support a continuance of the present good Understanding which subsists between our respective G overn- ments. TO MR. MERRY. New York, IC" April 1805. {Private.) Dear Sir. I am much obliged by your private letter of the 13"' of this Month, and for your general justification of my proceedings respecting the Crew of the Manhattan, and my Correspon- dence with the Deputy Mayor of this City on the Subject, to which it appears the American Secretary of State has thought proper to except, and to transmit you a formal Complaint. — Wherever His Majesty's Interest, and that of the Nation are involved, I shall always consider it my duty to speak the truth, however unpleasant it may be to those who hear or feel it ; an opposite line of Conduct Avill gain little in this Coun- try, where politeness is too generally supposed to originate in timidity, & accommodation in Servility. The French know better how to treat the Americans. You will be pleased to observe that, that point of my letter which appears to have given the greatest offence and of which you have given mo an extract, was in reply to the demand of the Deputy Mayor, that every Seaman on board His Majesty's Sloop Busy from the Manhattan possessed of a Certificate of American Citizenship should immediately be set at liberty: upon this principle, that these Certificates were evidence of their being American Citizens, until the Contrary was proved. It became necessary to resist tliis position, & in my opinion, CONSUL-GENERAL, 1804-1806 219 not improper in my reply, to state the above abuses in the granting of those Certificates. The Doctrine set up by the Deputy Mayor wonkl be productive of serious consequences to His Majesty's Service, & Oifectually preclude the Comman- ders of Ships of War from recovering a British Seaman pos- sessed of one of these Certificates. It is a claim admirably adapted to the carrying into effect the act for the better pres- ervation of Peace in the Ports of the United States and the Waters within their Jurisdiction. — Let the Scotch accent or Irish Brogue, be ever so strong it is to have no weight, where opposed to a Certificate of Citizenship. Passing over in silence the innumerable instances where British Subjects within a month after their arrival in these States obtain Certificates, permit me to remind you, that by a Law of these States, a residence of five years entitles a man to a Certificate of Citi- zenship. The United States have a right to enact wh.it laws they please, but it rests with His Majesty whether he will suffer them to operate in violation of his rights. If Congress have a right to say five years residence shall create a foreigner a Citizen, in such an absolute manner as not to be reclaimed by the power to which he originally belonged — They may with the same propriety enact the moment a foreigner sets foot in these States, he becomes ipso facto, an American Citi- zen & to be protected as such — The Documents which I have already furnished you prove the indiscriminate use of those Certificates, and I might appeal to the Commander of the American Ships of War whether the major part of their crews have not been natives of Great Britain or Ireland. The fact is notoilous, and the truth of my remark was the only cause of offence. Perhaps my objection was too broad, I wish it had been more qualified, but will M' Madison venture to say that there have not been great and innumerable abuses in granting of these Certificates — If this is the Case, really he should not have found fault with an assertion which possibly may have applied too extensive limits, to what is exceeded as extension. I shall studiously avoid in all my communications with the officers of the American Gov(>i*nmenb using expres- sions which may in the most remote manner give pain or of- l(! I i I, I ' p * i .a p 220 CORRESPONDENCE OF THOMAS BARCLAY fence unless indispensable in asserting the Rights of my Sov- ereign. I have the Collector's assurances that he has not yet received any order for carrying the Act for the better preser- vation of Peace &c &c into effect — 1 '\ 1 ( ji TO VICE-ADMIRAL SIR ANDREW MITCHELL. New York 3" May 1805. SliJ. I understand M' Le Blanc who commanded an armed tender attached to the Cambrian has left the position off Sandy Hook and returned to Halifax ; in which event he will have been with you some time before this is received ; and have informed you of the desertion of his sailing Master and eight Seamen with the Cutter, — Every exertion in my power has been made to regain the men, but no traces could be found of any of them, save the sailing Master and a man dressed in a black coat, white trousers and vest, about twenty-five years old, dark hair and about 5 feet 10 Inches, — They wei'e discovered by a man who I had employed, but before I could get a peace offi- cer to the house, they were off and have not been since seen. From the best legal advice I am however told that nothing could have been done with these men, because the taking of the Boat would not be adjudged a felony, as they left her on a beach, but merely as a means of their escape — That it has been so adjudged in the case of men who affected their escape from an American Ship in the same way. I forwarded to you at Bermuda the act of Congress for the better preservation of peace in the harbours and ports of the United States and the Waters thereof — and I have since for- warded several letters from M'' Merry to you which I suppose to be on the same subject — No instructions have yet been re- ceived by the Collector of the Customs of this Port, as he as- sures me, fi'ora the President for carrying this law into eft'ect — And it is not only my opinion but that of many of the best informed Gentlemen of this place, that the President will not n^ CONSUL-GENERAL, 1804-180G 221 send any instructions, or if he does they will be so guardedly expressed, as to give no power to the Collectors until each par- ticular case is reported — If necessary I am therefore of opin- ion you may with safety send any of yoiir ships here, I would however recommend their not coning nearer town than Staten Island — TO VICE-ADMIRAL SIR ANDREW MITCHELL. New York 4 May 1805. Sir. I have the Honor to inform you that several Vessels which have arrived within these States from the "West Indies, report that they saw the french Squadron lately in the West Indies on the 4"', 5"' and S"" of last Month steering to the Northward, on the last day they were in N. L. 24 : 14 — L. GG. There is reason to suppose that they are bound for New- foundland and possibly for Halifax.^ TO MR. MERRY. |r the the for- )pose in re- lic as- iffect best 11 not Sir. New York 14*- May 1805. I have the Honor to inform you that a french Privateer Schooner of twelve Guns arrived here on the Evening of the 12"* and came to an anchor between this and Staten Island ; but yesterday, Mail was closed, before I could learn her desti- nation or object. — She belongs to Victor Hughes ^ the Gover- nor of Cayenne and having sprung a leak has put in to this place for repair, and I understand the Governor has granted permission — I shall observe the nature of the repairs, and re- 1 Missiessy, with the Rochefort Squadron, sailed from the West Indies about the first of April, and reached Rochefort again on May 2G. - Hugues. 1^1 \vmm 222 CORRESPONDENCE OP THOMAS BARCLAY })()rt them to you, if they iippear more than necessary to carry her back in safety to Cayenne — I have received information tliis morning from a confidential person who spoke a Spanisli Privateer of 14 (Jnns on Sunday a little to the Southward of this port, the ('aptain of which said he should cruise some time between this and the Chese- peak — I shall give Vice-Admiral Sir Andrew Mitchell the earliest information. TO VICE-ADMIRAL Sill A. MITCHELL. Sir New York IG'" May 1805 Since my letter to you of the 14"' Current, I have received information from the Master of an American Vessel, that he was boarded aboiit 50 Leagues to the Southward of Savannah in Georgia by a frencli Privateer named the Orand Visiteur of 22 Guns and 150 Men, destined to cruise off Georgia — You will perceive by the newspaper inclosed that there is also another french Privateer off this Port — I take it for granted they have heard of your having gone with the Squadron to Nova Scotia, and have come on the American Coast to reap while yoiir Ships are in port — The President has not sent any instructions to the Collector of the Customs for carrying into effect the Law for the better preservation of Peace in the Ports of the United States and the waters under their Juris- diction : your ships may therefore for the present come with safety within Sandy Hook — It may however not be ainiss to give particular orders to the Commanders, not to let the yawl from the Pilot boat come along side, but send their own boat to take him out, and when on board ship, that he is not per- mitted to speak to any of the Men — These Pilots invariably bring letters from on board, and verbal complaints of Men representing themselves to be Americans — as there is always an officer on the Quarter Deck, it cannot in my opinion be difficult to prevent the Pilot conversing with the Seamen — )■■ 1 ^ i r 1 i r s 1 1' i 1 1 CONSUL-GENERAL, 1804-1800 TO DE WITT CLINTON. iiiR. Now York ;]'' July 1805 I am informed tluit the Froiich Privateer Les Amie has more Guns on hoard than those she arrived with in this Port; lior nnmher of Guns being then eiglit and tliat she has in- creased lier orii^inal complement of men, who were sixty four in number — I have theri'fore to request that you will take the proper measures to prevent her leaving this Port with an increase of men or Guns, as it is inconsistent with the Laws of Nations — It is furtlier stated to me, but this is a fact not in my power at present to prove but whicli ought to come within the know- ledge of the Customs, that I'owder has l)een put on board this Privateer in this Port — The Privateer will sail at daybreak to morrow morning, unless detained by you for examination — TO MR. I\IE11RY. Sir. New York July 1805 I have the Honor to inclose to yon my letter of the 3'' cur- rent to tlie Mayor of this City on the Subject of the French Privateer Les Amie then in this Port, with his answer to me on the subject, whicli appears very positive, particularly when it is considered that his information from his own statement appears to have been drawn from the assiu-ances of the French Commissary and the Agent of the Privateer. It is not for me to enter into a dispute with the Mayor on this subject, because I am not certain that it would be in my power to bring for- ward Witnesses to prove that the Privateer had received ad- ditional Guns while in this Port, or an increase of Powder and Shot ; but I trust you will agree with me that his measures to ascertain the fact, should have been by an examination of the Ship by Custom House or other Civil officers, and not to build ^i m \i s I'fii* 224 CORRESPONDENCE OF THOMAS BARCLAY an answer on the assurances of the French CJomtnissary or Agent of tlio Privateer. — I submit the case to your better judgement aiul hope you will be able to obtain from the Amer- ican Secretaiy of State directions to the Mayor for his taking more satisfactory measures in future on similar occasions. TO MR. MERKY. Sir. New York, 22- July 1805 'i ii On the subject of Mr. Madison's answer to your representa- tion respecting the French Privateer Les Amie repaired in this Port, permit me to remark, that on her arrival here application was made to the Governor to allow her to come up to the City in order to undergo necessary repairs, to which he assented. I have since been informed by the Deputy Collector that on a supposition that she was a Commissioned Vessel the Custom House took no cognizance of her — an application therefore to the Collector would probabl}' have proved unsatisfactory — But while that Privateer was in port, I privately called on the Surveyor of the Customs, and acquainted liim that I had rea- son to believe that vessel would receive a repair beyond what was necessary under the treaty between France and the United States of America and contrary to the Laws of Nations, and that I had received information she would take on board Guns, powder and shot purchased in this City, and requested he would direct his officers to attend to her and report the facts — The Surveyor a few days before the sailing of the Privateer assured me that his officers had not been able to detect any thing which he considered illegal, but he added that as the Privateer lay in the Stream and he could not send an officer on board, that the Warlike articles by me mentioned might at night have been put on board without his knowledge or that of his officers. ^. CONSUL-OENERAIi, 1H04-1K06 TO Mil. MEURY. Elizabeth town New Jersey. 12" September 1805. SiK. I liavc ill coiiscqncuce of the yellow fevor liaving cxt(Mulc(l itself over every part of New York, been obliged to remove with my family to this place until health is restored to that unfortunate City. The symptoms of that fever and its mortality aro stated l)y the faculty to be more violent aiul jjjreater than in preceeding years. — You will for tlie present be pleased to address your letters for me at this place. Daring the prevalence of the fever I shall be twice in each week, as near the City as possible to attend to the duties of my office. TO MR. MERRY. New York 7 Nov' 1805. Sir. It appears that Col : Williams of the Engineers some time since received orders to survey, and examine the Port of New York, and report the particular scite most proper for the erect- ing of Fortifications for the defence of that place, the extent and nature of these works, whether Islands miglit not be formed by art peculiarly adapted to defence, and to present an estimate of the aggregate expenee which would atteud the Works he should propose as necessary,^ 1 See as to Lt.-Col. Williams's Re- port, Amer. State Papers, Mil. Af- fairs, Vol. I, p. 193. Jonathan Wil- liams, "the father of West Point," was born at Boston, May 26, 1750. He was a great-nephew of Benjamin Franklin, and was Franklin's seere- 15 tary in Paris, where ho studied the science of fortification. Ho returned to America after the peace, entered the Army, and became the first Su- perintendent of the Military Acad- emy. He died May 16, 1815. I ir m f:; ■1 I'm I , m\ If 1 *'' ti 226 COUUESPONDRNrK OP THOMAS HAKLLAV lie attondod the cxjiniination and survey for scvoral days about tli(^ 20"' of October, and a i)art of tliis duty was ])oforo that date and since conunitted to tlie Care of a Captain Ma- conil).^ What liis rejtort was I cannot yet ascertain but hopc^ to do it in the course of a week or ten days, but this is certain that while lie was on this duty, lie declared that as it was im- I)ossi])le to form any correct estinuvte, he would not therefore ris(ju(' his reputation in reportin«>; a Sum, that might exceed or fall sliort of the necessary ex})enditures. The New York Gazette very incorrectly stated that a Pilot went down on the 5"' to bring His Majesty's Ship Cambrian within the Hook — The Cambrian has not been within, on the sixth having agreed witli Captain Beresford that he would bo within a few miles of Sandy Hook, my son carried down sonu) dollars in a Pilot Boat, and the Ship immediately got under way : and was to sail this day for Halifax, the limitation of the cruize being expired. FEOM Mil. BROUGHTON. Downinp: Street Jan' 3' 180G. Dear Sir, I have just received your letter of the 5"' ult'.' — The Anti Jacobin is stopped — The Gazette shall be commenced Tomor- row. I delivered your letter to Cap' Barclay whom I have re- (piested to give me a few days previous notice should he desire to avail himself of your authority for him to draw upon me for a few Hundred Pounds to compleat the purchase of his Majority The AjS from the Continent are so truly disastrous an'' .^g that I will only say I consider the Good Cause as n^ Hopeless — Bonaparte being absolute Master of the Continent.- The Southern Part of wliich he will carve and 1 Alexander Macomb was at this ing General of tho Army, and died time 23 years old. He was rapidly June LT), 1841. promoted during the war with Eng- " The battle of Austerlitz was land, attained the rank of Major- fought December 2, 1805. General in 1814, became Command- CONSUL-OENERATi, 1804-1800 227 apportion in vvliatevcr inuniuT ho pleases. I lis Plan appears to mo to bo to reestablish The Einpiro of The West in his owu I'erson. There is iittlo to look forward to with the smallest compla- oonoy. A protracted War will exhaust our pecuniary resources and !i. speedy I'eaet^ will release the ('orsiean's Sailors now in our Prisons and allord him the means of creating a Navy which may be able to dispute the Dominion of the Seas with that of Great Britain — until whi(!h, I hold all his Vaporing about Invasion as mere empty (Jasconade — Wc never can l)o invaded with any i)rospect of Success on his I'art until his descent is covered by a powerful Fleet. Ever dear Sir Very truly Yours C. R. BuouniiTON. TO VICE-ADMIIUL SIR ANDREW MITCHELL. New York, 1"' Foby 1800. Sir. Previous to your leaving Halifax for Bermuda, you must have heard that the Americans had warmly taken up the Doc- trine advanced in a late British Pamphlet entitled war in Dis- guise ; ' and of what they termed a violation of their neutral Rights by recent captures on the Part of His Majesty and condemnations of property on board American Ships. The Merchants of the principal Cities in these States have memo- rialed Congress on this Subject in strong Languages — a Copy of one of these I have the Honor to inclose. Things appear to me to be approximating to an unpleasant Crisis between Great Britain and these States. On Wedues'Tay last a resolu- tion passed the lower house in Congress on the Subject of passing an Act to prohibit the importation of any goods wares merchandizes or any thing the Produce of Great Britain, its 1 Soe Adams's Hist, of tlio U. S., Vol. HI, pp. SO-f);}. .i'» 1 1 m ! 1 I,, ■. ; !' ■ ■ i i- i' i, ' \, - u 228 CORRESPONDENCE OP THOMAS BARCLAY Dominions &c. — This resolution ^ you will find in one of the news Papers inclosed, and in another news paper the remon- strance of the Am" Minister at London to Lord Mnlgrave on the general subject of violation of neutral rights.- It is doubtful whether Congress will eveutually pass a law to pro- hibit importations from Great Britain and its dependencies, yet as they appear to grow daily more warm, in propoi*tion as they debate on the question, I confess I should not be surprised if so imprudent a i asure was cai-ried. I have thought it my duty to give you this hint, that you may if you judge proper order some of the Ships under your command to touch more frequently here, than you originally intended. I do not know what may have passed between you and Lieut General Gardner on the Subject of money now in my hands for the use of His Majestys Forces, and of its conveyance from hence to Halifax ; but under the present appearances I much wish it was from this place ; and could wish if it does not mil- itate with more material parts of His Majestys Service that you would have the Goodness to send for it, as soon as it can be conveniently done. TO ADMIRAL SIR ANDREW MITCHELL. Sir. New York, 29 ^larcli 1800. I have the Honor to acknowledge the receipt of a dispatch from Captain Beresford of His Majestys Ship Cambrian of the 22'' of February by His Majestys Sloop Driver, written by your 1 Tlie resolution referred to is ap- parently that introduced by Mr. Gregg of Pennsylvania on Wed- nesday, January '29, which was not adopted, but was merely referred to a Committee of the Whole on the State of the Union, and ordered to be printed. The resolution was sub- sequently debated from March 5 to March 17, and lost, a more moderate resolution, proposed by Mr. Nichol- son of Maryland, being adopted as a substitute. '•^Mr. Monroe's letter of Septem- ber 23, 1805, is the one referred to. It was communicated to Congress by the President, together with me- morials from the merchants of New- York, Philadelphia, Newburyport, Charleston, Baltimore, and Norfolk. :\'i — m [scptora- rred to. loiigresa lith nie- )f New- |irypovt, lorfolk. CONSUL-GENERAL, 1804-180G 229 order in reply to my letter of the first of that month. I am sorry to inform you tliat neither the December, January or February Mails have arrived from England ; by arrival from thence, I perceive it stated in the London papers that a Packet sailed from Falmouth on the 28th of January for New York. The Winds have since prevailed from the North Eastward, and as the Packets generally take a southern course during the Winter, the length of her passage is easily accounted for, while we have had numbers of Merchants Ships from England and France within the last ten days, in about thirty days pas- sage — The Purser of the Driver came up about 8 oClock last Evening, and returned to the Hook this morning, it being Captain Simpsons intention as the Purser informs me to leave Sandy Kook this day on his return to Bermuda. — I think the packet must be in within 40 hours from this and I shall request the Purser to communicate my opinion to Captain Simpson, that he may wait that period if his orders will permit. — The news papers herewith sent detail the proceedings in Congress since my last. You will perceive that a resolution has passed the House of Representatives to prohibit the impor- tation of certain articles from Great Britain ^ and a Bill ordered to be brought in for that purpose. Many of the best informed Americans think that the bill will not pass the Senate ; I confess, however I am of a different opinion. This Bill altho' not so extensive as M' Griggs original motion, cannot but be consid- ered OS a very unnecessarily strong measure. — M' Randolphs loose desultory speech,- will throw some light on the General Subject, it is in one of the News papers. — As most of the Ships that were detained in England last Autumn and early in the Winter, have since been returned and permitted to proceed on their respective Voyages ; the American violence against Great Britain has in some measure subsided. 1 Nicholson's resolution, adopted March 17, 180G, which, aniondod, passed the Senate April Ifi, 180(5. '•J Speech of March 5, 180G. It was with this speech, says Mr. Henry Adams, that Fandolph "began his 15* long public career of opposition.'' Adams's Randolph, pp. 173-181. The speech was reprinted as a pam- phlet in London, with an introduc- tion by James Stephen, tlie author of War in Disguise. ■ , I 1 fa 1 1 i 230 CORRESPONDENCE OF THOMAS BARCLAY TO Ull. MEllKY. Sir. New York Si'" April 180G The Purser of His Majestys Ship Lecauder has this day deliv- ered iiic a letter from Captain Henry Whitby the Commander informing me of his arrival off Sandy Hook, that he was on his way from Bermuda to Halifax, and would proceed the moment the Purser returned with provisions — That he had made New York by order of the Commander in Chief for such dispatches as might be here for him. Captain Whitby will probably sail for Halifax on Sunday .^ TO MR. MEIUIY. :| II H t- ' Sir. New York, 20'" April 180G. I received last Evening a letter from Captain Nairne Com- mander of His Majesty's Ship Cambrian acquainting me of his arrival off Sandy Hook on his way to the Southward and of the Driver Sloop of War being in company with him. — It appears that the Cambrian went from Bermuda to Halifax, landed Captain Beresford the Senior Officer on that Station, refitted and sailed immediately on a cruise. I am under the painful necessity to inform you that ac- counts have been received here last Evening, that the Leander in firing on an American Coaster coming into the Plook, killed the man at the Helm. — It is an accident much to be regretted and will occasion much ill will on the part of the Americans. I shall take occasion this day to recommend more caution to Captain Whitby the Commander of the Leander, and intreat that he and the two other ships of war, will not approach so near the American Coasts, or at least v/lien in such a situation that they abstain from all acts which may give offence — The 1 April 27. i CONSUL-GENERAL, 1 804-1 80G 231 Leander will proceed for Halifax the first fair Wind — The Cambrian on a cruize to the Southward — I am ignorant of the destination of the Driver. TO CAPTAIN WHITBY. Sir. New York, 2G'" April 1800. M' Gullet delivered your letter dated off Sandy Hook, which was written as he tells me on the 23'' ins'. Three Mails from Falmou^ ' ind several other dispatches for the Naval Commander in chief at Halifax were forwarded some days since by the Princess Mary Packet to Halifax. I have not at present any dispa,telies — It was my intention to have requested you to have carried some money for the use of his Majesty's Forces in Nova Sco- tia; but the accident which occurred to you last Evening in Killing by a Shot from the Leander, a man at the helm of a sloop coming into the Hook, has so irritated the minds of the people of this place, that I fear they will destroy the boat with provisions on board ; and should she leave this in safety pur- sue and plunder her. In addition to this as the wind is from the Eastward attended with Rain and thick weather, you will Keep off shore, and consequently the Boat be obliged tc vvait within the Hook until it clears up — Under these Circimi- stances I think it would be imprudent to risque the money — Your own good Sense will naturally point out to you that the death of this man (which I am sure on your part was un- intentional) will occasion serious compl" on the part of the American Government. The sooner therefore that you leave the Coast the better; and I think it advisable that the Cam- brian and Driver also withdraw. I shall not feel easy until I learn that M"^ Lawrence and Gullet are safe on board Ship — They will leave this privately — Be pleased to present my best regards to Captain Beresford. 'f ! ;[i fi H I iiij if 232 CORRESPONDENCE OF THO:\rAS BARCLAY TO MK. MERHY. New York 27"" April 1800. Sir. You have been informed by my letter of the 20"' Instant that His Majestys Ships Leander Cambrian and Driver were off tliis Port, and that on the Evening of the 25"' Instant a man behjnging to a Sloop from the Delawar*-, to this place had been killed by a shot from the Leander — I was made ac- quainted with this accident early in the morning of the 20"' through the medium of the News Papers, and was convinced it would create much violence in this City. — A Boat which the Purser of the Leander had laden with Beef, Live Stock and other Refreshments and necessaries for the officers and men of that Ship, was therefore hiuTied from the Wharf, in the hope that she might get to the Leander before the public mind became so agitated as to prevent it. Her departure liowever was discovered and two fast sailing Boats v/ere despatched to over take and bring her back. In this they succeeded and re- turned with her in Triumph about 3 oClock in the afternoon of that day. A mob was collected and the Articles placed on about twenty Carts, on the first of which I am informed the British colours were placed on a Pole round and imder the American Flag. With Drums beating they paraded the City with the articles destined for the Leander and eventually de- posited them in the Alms House for the use of the Poor. The Mob then proceeded some little distance towards S* Pauls Church where they burnt the British Colours and after passing down BroadAvay to White Hall peaceably dispersed. — It was frequently urged by several of them both on the wliarff, when they were loading the Carts and while pai-ading the Streets, to go and ransack the British Consuls House — Others cried out, level it with the Ground, while the less violent- proposed tak- ing and detaining me a Prisoner until Captain Whitby was given up to be tried for the murder of this man. Through the prudence of some respectable Characters the mob were diverted from assailing my house or insulting my person. — This unfor- tunate accident has created much ill blood in this City. The CONSUL-GENERAL, 1804-180G 233 Body of the deceased has been exposed to public View, in order to inflame the minds of the Vulgar and to render the ac- cident subservient to party views at the ensuing election which commences Tomorrow — The inclosed hand bill will give you an Idea of the violence which subsists here. Under a conviction that that Commander of His Majestys Ship Leander is at this moment ignorant of the Circumstances, I have written to the Mayor for permission to go or send to him, that he may be made acquainted therewith. I have also re- quested his permission for the four officers of that Ship, who I understand are concealed in or near this City, to go and join her. A copy of my letter to the Mayor I have the Honor to inclose — de- The auls 5sing was when 3, to out, tak- was h the erted mfor- The TO DF WITT CLINTON. Sir New York 2?" April 1800. No one more deeply regrets than I do the unfortunate and fatal accident that has so strongly excited the Sensibility of this City, a regard for whose peace, as well as a desire to ap- prize the Commander of His Majestys Ship Leander of this oc- currence make it in my opinion highly expedient that I be permitted to transmit to this officer an account of what has happened, and of which at this moment, I believe, he remains uninformed — It is proper likewise that I inform you, that four of His Majestys officers who came to this City two days before the Accident, and who are desirous of returning to the Leander are now in or near this City. Under these circumstances it becomes my duty to request of you, as the first Magistrate of the City, that I may be per- mitted to go or send on board His Majestys Ship Leander for the pm-pose of informing the Commander of the unfortunate death occasioned by a shot from that Ship ; and of the Sensi- bility and Resentment which the same has created throughout the City. It is also my duty to request that the four officers 234 CORRESPONDENCE OP THOMAS BARCLAY in question be jillowed at the same time to go on board the Leander. I am influenced on this occasion by an earnest desire to do my duty to tlie King my Master — to secure the Peac^e of this City and to promote the continuance of that good understand- ing and Harmony tliat happily subsists between our respective C*ountries — IP' !h^ 1.1 TO MR. MERRY. Sir New York 20"' April ISOO I have the Honor to inclose to you a copy of the Answer of the Mayor of New York to my letter of the 27'" Instant — You will perceive that the Mayor passes in silence that part of my letter which relates to the officers being permitted to re- turn to their Ships, but his refusal to assent is contained in his general reply, "that he is unwilling to adoj)t any measures however inconsiderable until he has received orders from the Government " — Wil h respect to mj' going or sending he adds that as the laws of these States permit it, there is no occasion for his authorization — This answer from the Maj^or amounts to a refusal, because he Knows that the Citizens are prohibited by certain resolutions passed at a public meeting on the night of the 27"' Instant from having any intercourse Avith His Maj- estys Ships — and at the time I delivered him my letter above mentioned, I explained fully to him, that the cause of my ap- plication for his permission was to remove the consequences of the Inhibition contained in those resolutions — My object was to get the officers once more on board their Ships, to have forwarded the Affidavits respecting the death of Pearce, and to have recommended to the Commander the pro- priety of his Keeping at a greater distance from the American Line of marine Jurisdiction. — I have been unwearied in my exertions to hire a Vessel to go down to the Ships — No man dares increase the public resent- ment by communicating with them. Captain Whitby ^ . there- CONSUL-GENERAL, 1804-1800 235 fore kept iti ijnjnoranco of tlie accident and of the public irrita- tion of wlii(Oi you will perceive the Mayor partakes largely from tlu! expressions contained in his letter to me. I have al- ready informed you in my private letter that I have reason to believe the continuance of this inhibition, depends on the re- turn of the Pilot Boat scut off on Saturday evening for the purpose of retaking the American Vessels sent to Halifax for adjudication. But there is reason to apprehend that the Com- mander of His Majesty's Ships will come up and enforce the delivery of his officers — Such a measure would naturally pro- duce very serious consequences — I have made up my mind not to have any Agency in privately conveying the officers on board their Ships, who came here on Business and who if they are not allowed to transact that Business should at least be permitted to return in safety — TO CAPTAIN WHITBY. •lean Sir New York 1" May 180(5 I received at 10 oClock last night your letter of the 30"' of April, and went immediately to see Lieut Cowan who was the Bearer of your dispatch, and had very i)roperly stopped at Fort Jay,i and to the Mayor of this City to enquire of him what an- swer he intended to make to your repl il, my duty to add that a vc^ry improper use has been made; of this unpleasant circMimstaiico, l)y converting it into a jiolitical w('apV('nmu'iit, as witliiii their just Jurisdiction, and those liiiiils on tlio nari'owost pos- sible Scah' ai'o a (Jnn sliot from tho Shore, (whieh taking- a wide I'antje may he ealh'd tlire(! mih>s) not from Iheir Uaderies, he- canse it may so happen tliat the (Jovernment may have no Batteries near the Sea — I am : my dear friend your inten- tions are ri^ht, and I liavo a porteet conluh'nce that your orders will he dictated by sound sense and prudence — TO VICE-ADMIllAL IJEllKELEY. Si It New Voi-k :!()'" Sept' 180(5 By this day's iNlail I have received letters from lialtimoro and Norfolk, slatinsj: that the French Ship Patriot (^ipt llo- ehou of 74 (Juns had arrived at Annapolis in Maryland and tlie Syhelle of 44 Guns at Norfolk in Virginia, both umler Jury to])nuists, much disabled, and tliat the Patriot has tin-own numy of her (Juns overboard — These Ships with the renuiin- der of the S(iuadron under Admiral Williams tS: Jei'ome Bona- parte, were on the 11)"' of Aut^ust (after haviui:; been on tiiis coast) about luO Leai;ues to the Southward of Hermuda, when they encountered a Storm which lasted until the2P' — During the (Jale the Scpiadron sei)arated, and the otVicers of the Patriot have expressed their fears that some of the Ships have foun- dered. These two Ships after the (iale made for the Chese- peak, and such as have weathered <^he Storm will probably also make for that Bay.' The Jamaica licet of Merchant Ships ' Williunnoz sailod from Hrost Dc- I'onunoivo. The Capo of Good lloix* <'onibi>r 14, ISO."), with !i snmll siiuad- siiiToiulorod bcforo he coidd roach roil of six or sovou vessols. His in- it, and on h'arnin{i; (his fact ho stnu'tions woro to prooood lirst to sliapcd his coiirsi^ for tlio coast of tho Capo of (^u)od Hope, and tluMico South America and tho West Indies, in such direction as ho niif' ' 'oeni His sipiadron was disi)ersed by a most calculated to injure liritisl; hurricane in Ai;gust, 18l)(i, as hero * III /III % I 1 1 ,!■!? 244 CORRESPONDENCE OF THOMAS BARCLAY t '!> experienced the same Gale about 80 Leagues to the Eastward of Bermuda. The Captain of one that went down has arrived at Baltimore, who says he suspects many others shared the same fate. I am sorry to learn the accident which has happened His Majestys Ship Chicliester a Store Ship on going out the Chesepeak the Pilot run her on shore. She has sustained so much injury that it has been thought necessary for her to un- lode at Norfolk and to be hove down — Col: Hamilton the Consul tliei'o writes me many of her men have, and he appre- hends most of the others will desert — ^ TO MR. FOX." SlR. New York 4"' September 180G. I yesterday received a letter from Baltimore in Maryland of which the following is an extract. — " The French Ship I'atriot of 74 Guns Captain Rochon an- chored yesterdaj' in Annapolis Road in a very shattered con- dition lier Topmasts all gone, & a number of her Guns thrown overboard a French Frigate (said to be the Cybelle) of 44 Guns, has also arrived at Norfolk about the 30"' August dis- masted." " These Vessels arc part of the Fleet under the Command of Williamez & Jerome Bonaparte which was dispei'sed on the 20"' Aug' about loO Leagues to the Southward of Bermuda, the Gale commenced on the 19"' & continued to the 21"' & the related — the flagship making a port in Havana, four vessels finding rcf- ngo in the Cliesapeake, and one be- ing stranded on the Virginia beach. Tlio V6t6ran, commanded by Jerome Bonaparte, reached France in safety. It was the belief of Docr^s that Je- rome had deliberately separated from the Admiral. See Du Casso, Los Rois Freros de Napoleon I", p. 195. 1 Similar letters vi^ere sent to Ad- mirals Davios at Jamaica, and Coch- rane at Barbadoes. - Charles James Fox became For- eign Secretary on F'obruary 7, 1H06, after Mr. Pitt's death. CONSUL-GENERAL, 1804-180G 245 officers tliink soiiio of the Ships must have gone down, none oi' the others had arrived in the Chesapeake on the l"*^ In- stant."— " They had made no Captures of any Consequence that I can learn, except one or two small Bermuda Vessels. — It is with much concern I have to inform you that the Fleet from Jamaica consisting of about 100 sail which left that Island about the 1"*^ Aug' experienced tlie Gale on the 20"' 100 Leagues East of the Cajjcs of Virginia one of them the Cumberland of Leitli foundered & the Captain who has arrived here fears some of the others have gone down." You nmst long since have been informed that this Fleet had been in the West Indies but very fortunately did little or no mischief. — Early in August they were seen near Charleston South Carolina and some days after that about 40 Leagues to the Southward of this Port. It Avas generally at that time supposed that they were on their way to Boston to refit, but from the Latitude and Longitude they were in on the 20"' of August they must have shaped a South Easterly course either in the hope of meeting the Jamaica Convoy or to regain the West Indies. — I am happy to announce to you that they have hitherto done very little injury to British Ships. Some Ameri- can Captains have been on board this fleet they all agree that they were wretchedly manned, their Masts, Spars and rigging in a miserable state, and short of Provisions and water. 1 i. (H'l;! 'I ' 1 • TO Mil. MERllY. ! ' ' Sir. New York G Sept' 180G. The British Letter of IManiue Brig Fox, John Thomas Mas- ter arrived at this place from Jamaica on or about the 12"' of August last past. On the IS"' of that montli Charles Mathews, George Kobinson, John Keid and Edward Hicks four of the crew of the Brig : went before tiie officers of the Police of this 16* ^ :l i i! t : If W ii J i ;;t 24G CORRESPONDENCE OP THOMAS BARCLAY City and made oath, that Thomas the Master had on the pas- sago willfully murdered a negro man (one of the Ships Com- pany) named John Good by cruelly and wickedly beating him. In consequence of their depositions Captain Thomas was ap- preliended and committed, a Bill of Indictment has since been found against him, and he has been arraigned — By advice of His Counsel he has pleaded to the Jurisdiction of the Court, stating that he is a subject of His Britannic Majesty, that the crime (if any) having been committed on board a British Ship on the high Seas is only cognizable in a British Court. This plea has been overruled by the district Judge of the district Court of the United States, and he has been ordered to plead in chief guilty or not guilty. The latter will be his plea, wlii(!h he declares to me to be the truth. From the papers I have the Honor to inclose you will perceive that William Hearst the mate or first officer of the Brig and Chai'les Gauverneau the Pas- senger have deposed the reverse of the four Seamen ; they are unquestionably more worthy of credit than the common Sea- men, and under the circumstances I advised the master some days since to stand his trial, but Business having called Mr. Gauverneau to Canada, and having now only the testimony of the mate to oppose to the oaths of the four Seamen, his Coun- sel have advised him to apply to you, through me, to demand him as a British Subject, to be sent to Great Britain or Ja- maica for his trial. — I inclose therefore the certified docu- Inents delivered to me by them. Under the late treaty of iA.mity Commerce and Navigation between his Majesty and the United States of America there could be no doubt of your right to demand him, as a person charged with murder : but as that treaty has expired, he can now only be demanded un- der tiie Laws of Nations. Captain Thomas' counsel are of opinion that the Prejudices of American Jurors against Brit- ish Subjects are too great for him to risque his Life on their verdict. They hope to put off the trial until your answer can be obtained, by making an affidavit that Gauverneau is a ma- terial Witness. — No time however is to be lost, as the district court are now sitting. rf .11 CONSUL-GENERAL, 1804-180G 247 TO MR. MERRY. New York 9 Sent^ 180G. Dear Sir. {Private.) I was all day yesterday employed in search of a fast sailing Vessel to carry the Letters to Admiral Berkeley, but did not find any that could be ready before Thursday ; and as the Jjsirk a very fine fast sailing British Schooner a constant Tra- der sails for Halifax tomorrow I have thought it best to send them by her, the master having promised to carry a press of sail to expedite the delivery of the letters. Two objections lay to the hiring a Pilot Boat. The Pilots of this Port arc all Democrats and much attached to the French. Secondly the price per day of a Pilot Boat is twenty-five dollars. There is too much reason to suspect had I hired one, they would have delayed her passage to Halifax and possibly back again ; at all events no confidence could have been placed in them ; and before they engaged with me they would have consulted the Mayor ^ who is a Frenchman in Grain, who either would have prevented the contract, or rendered the let- ters nugatory. — I had written Admiral Berkeley on Saturday, notifying him of the arrival of the Patriot and the Sybelle in the Chesepeak which letter is now in the Lark. I also advise Admiral Cochrane of the circumstance. I hope you will ap- prove of my having put the letters on board the Lark Instead of a Pilot Boat — ^1 ! TO MR. FOX. Sir. Now York, 29'" Sept' 1806 I have the Honor to inclose to you a duplicate of my letters of the 4"' Instant, acquainting you with the Gale of Wind the French Fleet under Admiral Guillamez had e?icountered to the 1 De Witt Cliuton. im .1- \^ il I Iff H I 1 il Ml 11 i 1 1 ! 1 H ii: hi h 24S CORRESPONDENCE OF THOMAS BARCLAY Southward of Bermuda on the 19, 20 & 21 of August, and of a Ship of the Line and a Frigate of that Fhset having got into the Chesepeak in a very wretched state, under jury topmasts and most of their Guns having been thrown overboard. — Since tliat the Valereux Frigate has got into the Dehiware in a sini- ihir State, and the Eole a line of Battle Ship equally a wreck has arrived within the capes of Virginia — The Impctuoux another of that fleet made the capes of Virginia some days since, but Avas discovered by the Melampus Frigate one of the Squadron who pursued and ran her on shore, took the officers and men out and burnt the Ship. I have understood that the officers and men were immediately landed and set at Liberty, having been taken within the American marine Jurisdiction — The Americans complain of the act of the burning of the French Line of Battle Ship within their Waters. A British Squadron under Sir R Strahan arrived off the Capes of Virginia about the 12"' of this month, from the best accounts this Squadron also suffered much during the Gale in August; and on the 20"' Instant Sir John Borlase Warren with six sail of the Line also arrived there : and I suspect con- tinue off and on the Capes in expectation of some of the French ShijiS arriving there. An American Captain who arrived here about a Week since states that he met Jerome Bonaparte in his Ship at Sea, on her way to France — It is generally sup- posed that the remainder of the French Ships foundered in the Gale — Those within the Capes, will probably remain some time, as they require great rep^i'rs, and it is said no mercha^it will advance money. TO MR. MERRY. New York 25 October 180G Sir. It was not until late last Evening that I received an answer from the Counsel of Captain Thomas of the Brig Fox to the Communi(!ation contained in your N" 14 and the Copy of M"" Madisous letter accompanying it. They are of opinion that an CONSUL-GENERAL, 1804-180G 249 appeal in Criminal Cases will not lay from the district Court to tlie Supreme Court of the United States; altlio the Laws have provided for an appeal in such eases : And that therefore the remedy proposed by the American Secretary of State if at- tempted Avould meet with a negative on the part of the Supremo Court of the United States, and probably in the first instance be over ruled by the District Judge. The Counsel are further of opinion that in a similar case if application had ])een made by any nation in amity with Great Britain for the delivery of a Subject of such nation charged with murder, that the person so charged would be delivered up ; and that a case can not be cited, wherein Great Britain has refused the application, and the Court proceeded to try and sentence the person so charged. They adnut that applications have been made, and refused, but in such cases the murder was committed by the Foreigner on the high Seas on board a British Ship, upon the principle that the Ship constituted the Jurisdiction. — M' Harison one of the Counsel for the Prisoner is allowed to be one of (if not) the sound- est Lawyer in America. — Unless therefore you feel yourself at Liberty to make a second application for the delivery of Thomas, and it proves more successful than the former, the poor man must go to Trial early in November under all the disadvantages of the want of Witnesses and probably a preju- diced Jury,^ % I (i ■ ( _ 1 TO VICE-ADMIRAL BERKELEY. 500 jswer |o the )f M' lat an Sir. New York 17'" November, ISOG. In consequence of M'' Merry's request for leave of absence ; The Honorable David Ei'skine has arrived at "Washington in these States as His Majesty s Envoy Extraordinary and Minis- ter Plenipotentiary and has been received as such by the Presi- dent of the United States.- M"" Merry has taken leave and 1 No record of this case can now brouglit to trial, the cviclonco against be found in the Clerk'b Office of the him being really very weak. United States District Court. It is '-' Mr. Erskiue arrived at Washing- probable that Thomas was never ton, November 4, 180G. I rw 250 CORRESPONDENCE OP THOMAS BARCLAY 1 will sail from the ClKJsapoak in all this month. M" ^lerry's state of health is unequal to a "Winter voyage — I have a pub- lic disi)ateh from M' Merry to you, but he has limited its con- veyance to the Ship of War or armed Vessel you may send during' the Winter for your dispatches. — The September Packet is not yet arrived, in a few days the October will be due. — Accoimts by private Ships from England, state that Lord Howie has succeeded to foreign department vacant by M' Fox's demise, and that M^ T Greville is first Lord of the Admiralty.^ On the 2G"' of September Lord Lauderdale had not returned from Paris; yet there was no expectation of Peace. — Russia and Prussia appear condensing their forces and making every preparation for War with France ; who is equally active in her measures. The Valeureux French Frigate of 44 Guns which arrived after the August Gale in the Delaware and went up to Phila- delphia for repairs, has on a survey been found unworthy of them. — A fine American Ship the George Washington of up- wards of 400 Tons, with a figure head, quarter and Stern Gal- laries and new main topnuist has been taken up to carry to France the men. Guns and Stores of this Frigate, she will sail about the 25 of this month. The Indiana another American Ship was a few days since along side the Valeureux taking from her such part of her Guns, Stores and men, as were suji- posed moi-o than the Washington could carry, this last named ship will sail in a few days. As either of these ships would in the event of capture prove good and valuable prizes, I have dispatched two letters on Saturday last to Halifax, one to Norfolk and two by Vessels bound to the West Indies to be given to any of the Commanders of His Majestys Ships of War. I have little hope that either of my letters will arrive at Halifax in time to have a ship (if any is tiiere) off the Dela- ware to meet the George Washington. Put that of Norfolk I trust will be delivered this Evening, and it is probable one of the others may be put on board one of your Ships on this coast. 1 Ml". Thomas Grcnvillo, a brotlier of tlio Lord Grenville who was Secretary for Foreign Affairs from 1791 to 1801. CONSUL-GENERAL, 1804-180(J 251 le one In this /as TO LOUD IIOWICK.' Now York 0"' Dee' 1800. My Lord, I have the Honor to inclose to your Lordsliip the Speech of tlic President of the United States on the o[)enin{^ of the pres- ent Session of Congress. — It is asserted and generally believed that M' Burr late vice President of the United States of America is at the head of that "great number of private Individuals who" (the Presi- dent in his Speech observes) " were combining together arm- ing and organizing themselves contrary to Law to carry on a military expedition against the territories of Spain." — The object of this combination is not known. What the President suggests may bo correct ; but it appears to be the opinion of the best informed in these States, that M' Burr's views extend to a division of the United States of America, and creating a new Government in the Western part thereof — 1 On Mr. Fox's deatb, Soptombcr but on Soptombor 24, Lord Howick, 13, 180G, the Foreign Office was com- afterward Earl Grey, became Sec- mittod to Earl Sl^enccr ad interim ; retaiy for Foreign Affairs. |M ,!f 1 i .: \' r^ I I i! 1 III Imr ' Rl> i j i-inhb i S'! ^ ■■ f {■' Uf i y- If? ! !.:.' (CHAPTER VI CONSUL-GENERAL, 1807-1812 THE samo month of April tlmt witnessed tlio killing of Peiireo liad witnessed also the beginniny diplomatic methods, l)iiblic o[)iuion at hist found expression in the passage by Co .(I'ess, on Dccenibc^r 22, 1or, provided tlio Britisli (Joviu'inuoiit i'ovok«*d tlicii' oi'dors iu council, or (and this was tho impoi'tant provision) tlu"! Unittnl HtatcMs causod thoir riji^lits to bo r(!SiKM'.tod. Tliis promise, as Naitolcon had privatc^ly pointed out a lew days before, connnitted liim to nothing; but it was accei)ted with all seriousness on tlie part of the United States. In reliance upon the impcM'ial word, commercial in- tercourse with Great [Britain — which had been once mon^ resumed in May, LSIO — was for the third time suspended. This, it was thought, was "causin<>; Amei'i- can ri,i;-hts to be respected"; and althouiijh the condinn- nation of American slii[>s went on without a pause in every continental port, the Government of the United States cIuujj: with tlu3 stranjjjest pei'tinacity to the belief that Napv/leon's declarations were sincere. The pra<;tical effect of all this was to bar tho door against any possible settlement with Great Britain. Commerce was now i)ermanently suspended ; there was a, long list of grievances to be redressed, and negotia- tion was exhausted. In the month of February, 1811, IMnkney — who had become the sole American I'epre- sentativo in London — took an " inamicable leave," and further eft'orts looking to a peaceful settlement of our accumulated difficulties with England woi'e abandoned. On November 4, 1811, Congress met in a peri)lexed but somewhat warlike humor. Much tedi- ous debate ensued. It was not until Juno 18, 1812, after many hesitations and misgivings, that war was actually declarcul against Groat Britain. On July I), 1812, Colonel Barclay, acc^ompanied by the Britisli Minister, sailed fi'om New- York on H. M. S. Colibn for Englan I I ■ ' i TO VKJE-ADMIKAL BEliKELEY, HEKMl'DA. New York 24 Jumuiry 1807. Several fust siiiliu,y pilot l)()iit fScln toilers uiul perluips other Vessel, have been for some time past employed in ln'inging S[)cuush Dollars from Vera C-ruz to tliese States a ^reat jiro- [)ortioii of wliieli 1 uudijrstand lias been laiidjid at New Or- leans, Savannah in Oeorgia, and Charleston South Carolina; lai'^'e snms also at '*altimoi'e in Maryland and perhaps two or three hundred thousand dollars in this City. It is said and I believe with truth that the house of Mess™ Hope's of Amster- dam and an extensive house at, naiiil)ur{jf, have either pnr- (iliased these Dollars from the King of Spain deliverable to tlu^m at Vera Cruz ; or that they have contracted to bring them from thence and on their arrival in Europe, or the pi'o- CONSUL-GENERAL, 1S07-1812 259 (!oeds from tliem to pay the Spanish Government — The Dol- hirs when they arrive in tliese States I snspect are empk)yecl in purchasing- (!otton Coflfee Sugar &c &c &c whieh are re- niitt(!(l to Europe — Tlie Sehoouf^r pih)t Boats in which most if not all the money is brouglit, are low, hmg vessels, very sharp and sail fast. [ thought it my duty to give you this in- formation and hope you nniy he so fortunate as to intercept some of them. M' Parish one of the House at Hamburgh is in these States sup»i ral of tbo admiralty — I'uss catches them and tos.ses them and paws them, and plays with tliem, and gives them hopes of escaping. nut at last Tom Puss after amnsiny himself witli them until bo is tired of ;j/a)/ — notwithstanding all their protes- tati(Uis of being " warmly federal nits and yetitleman rats" poiinces upon tbom, and devours and eats tboni. Just as she would thvi democratic mice — tho last squeak is all that is hoard of thorn — so of tta xihip Mcsscuycv. The object of the British governniont is to cramp your trade in order that they may monoiiolize it— for tliis tboy pliiu- der you, and care littlo whether federal, fpiiddical («• denio('rati' a (icuMcnwui, I suspect 1 urn ontithKl to say he is a Fedcnilist or an autitV-deralist as lu; aud the i)ersou to whom lie is recoiiiineiKh'd may liappoii to he without ^ivin^' ot'- f('us(} to the oj)posite Party. Tlad tliese (lentlemen ))eoii auti- foderal and M' llartslioi-iics seutimeuts (H)rrespo)id('d witli theirs, I assuredly shouhl have des(!ril)e(l tlwm to him as such. P h'li 1 jhiitllify loy i»lun Ly may Lr,.y C.lliH jay -with , you, ilR vour yoH TO MK. EllSKINE. New York lU'" Mureh 1807. Dear Sir I am particularly indebted to you for your private letter of the 5"' Instant, at a moment when you must have heen more than ordinarily hurried & 1 shall bear in memory this flatter- \u^ j)i'0()f of your attention and r{\!i,'ard, for which I intreat your aeeejttauce of my warmest acknowledyiiunits. I nm sorry that a treaty formed on thi' part of His Majesty with every wish for consideration should not meet the approbation or at least the aceei)tance of the President of these States.' On the im[)ressnient of American Seamen, I fe(4 assured that the Commissioners of both nations on debating- the Subject found insuperable difficulties, and on mature re- (leetion considered it best to pass it suh silentio. — The im- pressment has for years past been used as a ])olitical En«rine, when in truth tlu^ numbcu" of bona fide American Seamen de- tained on board Ilis Majestys Sliips of War was trilling' in the extreme when coni[)ared with those who were claimed by America as such. — The Note delivered by the British Oomm™ to the Ameri(!an Com" prior to the signinj^ of the Treaty was dictated by imperious circumstances and necessary for 1 This was tho tiraty iiogotiatud dont to submit tlio trwity lot ho Sun- by Moiiroo ami Piukuoy and aif^iiod uto. This Mr. .lolTorsoii steadfastly Doi'oiubor 31, 180(5. Erskiue's oopy rofiiH(M] to do. Tho treaty itself and arrived in Washinj^ton on March ■!, aceonipanyinj^ correspondonco is just asOongresswasadjourning, and printed in Aiiu'r State Papers, For. his unusual iiurry was duo tohisun- Kol., Vol. Ill, pp. 109-183, availing efforts to imlueo the Prosi- 17* n 2()2 COltUESl'ONDKNlII': OF THOMAS BAItCLLi^Y the isecurity of tlie Interest of Britain, I niij^ht add farti(!nlarly 1 Th!^s oxtnionliiiiiry iioto is in bound })y tliu signature of his com- Amor. State Pai)ors, For. Kol., Vol. raissioners. Ill, p. If)!. It was to tlio ciroot tliat unless tlio Amoriean Govorimicnt sliouUl forcibly resist the ent'orco- in(!nt of Bonaparte's Berlin decree, the King would not consider himself - The Loandor, conimanded by Thoinas Lewis, carried Miranda's fili])ust('rs to South ATuerica in Feb- ruary, 180G. I m ■a i>y UK la's Feb- CONSlTL-GENERAIi, 1807-1812 263 blnmoablo is his Imvinjj^ promisiHl inc in tlio ovoiit of his incpt- iiif? one of His Majcstys Sliips of War at sea, that ho would (lolivcr up a dcsortfU" from the Pa<',ket, who liad entered on bo.Mi'd th(! Brutus, in eonseipienet! of whieh I j;ave him a letter of introduction to the Commander of His Majestys Ships of War. The Brutus was bound to St Domiufro foi- the recovery of Debts due a M' Ogden a Banlo-upt, who also was on 1)oard that Sliip, and to rc^ceive ])ayni('nt in Coffee and other articles. Capt Hyam knows this Sliip, us lu; saw her repeatedly when he was last hcire. — Sin; is a frencli built Ship, lij^nre head, Quarter n transfered ' ( i. CORRKSPONDENCE OK THOMAS BARCfiAY })y Ji fnreijjfiior to an Amorican (Mtizen .su])soquont to tlio fii'st of .Inly. — Tliis nioiisnrc is ])ointo(l to liritisli Snhjocts, and evinces fui inclination to sc((n('stt'r or coiiliscalc tlicir projM-rty slionhl a war tak(! plnec. I'O VTCE-ADMIIIAL BEllKELRV, Now York 11'" Au«?iist 1S07. Sir. r yesterday received your letter of the fourth of July, in- forin!n Leopard acted, which yon had not issued until an application to reston^ the mutineers and Deserters from the British Ships had been made by His Majestys Miiiisttn- (Vni- suls and officers and had ])een i-ejected by the (lOVM'rnmeut of the United States, and that T was at Li])erty to ])romot(^ the knowledfi-e of theii' contents in whatevei' way I mi<>:ht think best calculated to presei've th(» jjfood undcj-standina^ which ou^dit to subsist between (Jreat Britain and America. Y(mr orders to the ('OnunandtM's of His Majestys Ships of War under _your command have be(Mi some days since pub- lishtMl in most of the American News Papers, and the fact that a i'e<>nla,r and formal demand for the delivery of the Mutineers and Deserters had been made by the officers of ITis Majestys Ships in Hampton Roads and M' (\)nsnl Hamilton on the American offl(!er who (Mitered tliem as Seamen to serve on board the Chesapeak, and by M' Erskine His Majestys Minis- ter to these Stat(\s, oti tin; American Secretary of State to the sanui effect l)oth which demands Iiad respectively been re- fused, has also receiv '1 every possi])le puldicity through the Medium of the Ame.. m Newspapers. (JONSUL-CiKNKUAIi, 1807-1«12 207 I slijill however tiike livcry opport unity t.*) .statu tlu' tniiisiiu- tiou in its roul colours and as you wish it. TO VICE-ADMIUAL lUUlKliLEY. SlK. N(iw York [Alienist, IS07J. I have ro(!eivc(l your (»ri^iuul ami dupliciatu hitter of the IT)"' of 'July iiiul th(; hand liills which a(',coni[)ani(!d thc^ni. I had them posted up in tlie i)arts of this City, but tliey wvw the M((\t day either mutilated oi- destroyed; since which I have hud your i'roelmual ion (jllerinj,' a Pardon to l)es(!rters pu))- lished in the Nevvs[)ap(U's, but as the Period for their surrender (to wit the 151st of Au^'ust) was so nearly expired I omitted puttiuf^ that or any other day of limitation in it, because in your Proclatnation you hold out a i'ai'don to tiiose Seamen oidy who shall imniediatcdy n^turn to their duty. I<]very means in my powin* shall ))e used to mii,k(! your proclamation generally known, and to invite British Seanien to avail them- selves of it. I am fearful however that but few will surriaider themselves; because they g-et such enormous wages in the American Merchant Service. — llendevous have bet.i ojiened for ent(!ri ng Seamen foi- the Amei-ican Navy. I understand very few here have entered, and those chietiy were of colour or Irish Lands nuMi. — I havti obtained fi'oiii Captain Crafts a copy of his letter to M' (lallatin Secretary of the American Treasury respecting two men Deserters from the Mehun[)us who were taken out of the Chesapeak by the Leopard, and who Commodore Barron of the Chesapeak had re[)orted as our Newspapers state to be American Seamen impressed from the American Hrig Ni^ptune ('rafts Master. I inclose a OA)\)y of this letter which I have had published iu the newspapers you will perceive that the men deserted the Nepttnie and were not impressed and that ('ap- tain C'rafts was pleased with the Treatment he received from Captain Poyntz — If any British Seamen offer to enter His Majestys Service, I will take care to forward them to you. ! I ■:^ ^ .^\ .0^ • ^^ IMAGE EVALUATION TEST TARGET (MT-3) O o %^. K tf V ^ f^^ ¥ mis ^0 C^J Wr / fA M/.. 1.0 I.I 1.25 f IIM ilM m ^ mm 1-4 III 1.6 V] <^ /a ^c> j:^ A /> J' / / Photographic Sciences Corporation iV ^> V 23 WEST MAIN STREET WEBSTER, NY 14580 (716) 872-4503 «■ ■^^ N> a.^ o^ >c- % ^^ M <' w^.. . a War with (Jreat Britain. Wlien (!ojigress meet, they will strain every nerve tt> in-event it. I think it advisable there- fore not to furnish their opponents with fresh arguments. TO MIt. CANNING. mv' \ ' \ Sir. New York 2" Sei.i' 1807. M' Gallatin the Ameri(!an Se(U"etary of the Treasury having bei.Mi lately in this (Uty called on a Captain ('rafts late Master of the American Brig Neptune for information respecting some Seamen who it was stated Commodore BaiTon had re- ported to have been impressed from the Neptune in the Bay of Biscay in the y(Nar 1805 by His Majt^stys Shii) Melampus, two of wlii(;h men Ware and Mjirtin were tak(ui from the American Pi'igate Chesjipeak in June last as Deserters from His Majestys S(U'vice, by Cap' Huniphi'eys of the Leopard. — As it is probable the American reinonsti-ance l)y M' Monro the Minister in London, nuiy represent these men as impressed into His Majestys Service, I inclose you a copy of Ca[)tain Crafts letters to M' (lallatin ami to me on this Subject, which state the reverse to h.ave been the case. It is probable M' Monro is not furnished with this information as Captain ('Vafts told uw, when he delivered the hitter to M' Gallatin and he had read it, M' Gallatin d(vsired him to keep the facts to liimself, or not to make tlusm publi(!k. Crafts is now gone up the Mediterranean, but told me he was ready at any time to verify under oath the letter and what Mr. Gallatin said to him. CONSUL-GENERAL, 1807-1812 269 TO SIR ROBEllT LAURIE. New York 5 Sep" 1807. Sir. I have received your letter of the 2r)tli of Aufi^ist by Captain Bradshaw of His Majestys Sloop (lohinihine, informing nie that the Tlonorable Vice Admiral Berkeley Commander in Chief upon this Station, having understood that many British Seamen had expressed their wishes to join the Standard of their Sovereign and that several men had applied to me for that purpose, he had directed you to send His Majestys Sloop of War (yohimbine to anchor at Sandy Hook for the purpose of receiving any men that may offer; that Captain Bradshaw was to acquaint me of his arrival and to remain on that ser- vice, as long as he shall think it necessary after consulting with me. — That as the Columbine was in want of water and pro- visions you had desired her Commander to demand through me such supplies as he may stand in need of, and as the Pres- idents Proclamation does not seclude Ships of War carrying dispatches, from every privilege of neutrality, you had no doubt I would forward them without delay. I did not receive Captain Bradshaws letter of the 2d Instant until late last Evening owing to the Pilots refusing to bring it up ; my son M' HtMiry Barclay therefore went down for it. — Admiral Berkeley I suspect has been misinformed i-especting British Seamen and Landmen in this Port wishing to return to the Service of their King as a few instances have occun-ed in which the applicants have been sent on to Halifax or Eng- land, as they wished, in the Pacquets. I really cannot think it an object for the Columbine to remain at Sandy Hook for the purpose she ho^ been sent for, and I shall so express my- self to Captain Bradshaw. There is generally a Packet in this Port, which can always receive ten times the number of men who will offer. 1 Sir Robert Laurie was captain of ship Villo de Milan, captiireJ in the H. M. S. Milan, and senior ollicor of West Indies. An account of licr the Britisli ships in the Chesapeake, capture is given iu Basil Hall's Frag- The Milan was formerly the French nicuts of Voyages, etc. h\ ihlel ; \ 270 CORRESPONDENCE OF THOMAS BARCLAY -1* : li r ft 1 11 i Monday T'" Sop" I had proceeded thus far in iny letter to yon on Saturday and was going to add tliat the (-ollector of this Port had in a very handsome inann(!r consented to my sending down to the Cohunbine the provisions of which Cap* Bradshaw represented he was in need, when I received a note from the OoUector in- forming me that he was under the painful nc^cessity of retract- ing his permission and that he was (compelled to recpiire Cap- tain Bradshaw immediately to depart from Sandy IIoolc. It appears that a Rcivenue Cutter lay at no great distance froni the Columbine, that a man deserted fi'om the hitter who Captain Bradshaw supposed had gone on board this (-utter, that a Boat with an officer from the Columbints was sent to the Cutter to enquire about this man. That the officer was told he was not on board, but that he was not satisfied with this assiu-ance, but declared he would search the Cutter. That the Revenue officer who commande at hij^h water toni<;r ow and i - (jnost Lieut Crooko to sail the first wind, at present the wind is at S. E. and every ai)i)earanee of a gale. TO Mil. EliSKINE. 1807. Lieut : about I) in tlie [esapeako ken- New York ;{" Feb'' 180S. Silt. By yesterday's mail I had the Honor to receive your letter of the 28"' of .January oov«;riiig a Statement respeeting circuni- stanees which have occurred on board llis Majestys Ship Sta- tira near Norfolk and wliic^h has been nuu h misi-epresented in the Aniei'iean News Papers. — This statement will be [inldislied in the Evening l*ost this day, and in the New York Gazette tomorrow, with a few remarks.' ' Tho Norfolk Honilil of Jiunmry The iuiswiT i)u])lislic(l l)y the Ncw- I'JIh stateil tliiit a bout Iiad f^oiic York i)!ii)('rs stated tliat wlum the aloiigsido tli(^ Statira with provi- l)oat. oamo ah)iif;si(lo a soaTiiaii was .sioiis; that tlicy wor'.i "saluted witli bpiiifj Hof^^^i'd "for haviiit? falsely tho t^oaiis of prisoners who appeared accused his oflicurs"; that he did tobosiilTeriii)^ tlic most oxerueiatiii^ claim to be an American, but had torture"; tliat the passengers on ^iven no proof of it; that he had the boat wished to proceed, but wore volunteered at Portsmoutii in Eiijjf- " treated in the most brutal manner"; land and received tho bounty as that "tho groans were those of an such; tiuit during the punisiiiuent American citizen writiiing under the the boat was requested to keep off lasliof a petty tyrant, and their crime a few minutes; that a "verbal al- having declared they wore American tercation" ensued; but that the citizens and having sent letters on boat's crew carried their point, al- shore by tho jiilot." The Baltimore though tiiey " wished some incouve- Whig republished tiiis under the nience to tho Frigate. "| heading, " Peace is now Disgrace." in \ i: i; ( ■ ! 274 ('OUUWSPONDKNOK < H" TllnMAS MAKCIiAY ! n i i I TO C'APT. lUtOMLEY, H. M. K. STATIliA. Nuw York 15 F.-ly ISOH. SiH : I Mtii (liis (lay honored with your letter of the 1"' (hirrt-nt on tlu; Siil»j(!('t of British Sejuncn who may Jipjtly to nic, for pas- su4;;('.s to thcii- native country in (•on.s(!(juenee of His Majestys late Proclamation or otherwise, with your nnjuest that I w<»ul(l forward such Seamen to His Majestys Ship Statira under your coinmand, where you will re(!eive them for His Majestys ser- vice for a passaj^e to l']nj;land on the return of the Statira with the British Mission — Since the passing of thi! Act of (-ongress in December last laying an embargo on American Vessels, British Seamen to tlui number of about forty have applied for passages to Great Britain (U* other i)arts of His Majestys dominions, some of whom have been sent in Packets to Falmouth, othei's to Hali- fax in Nova Scotia, and two to Rear Admiral Sir Alx' C-ocli- rane at Barhadoes. I have also made it known at all the houses where British Sciiimen resort, that 1 was ready to fur- nish them with passages to His Majestys l^ominions on their api)lication ; I am sorry to add that no others have availed themselves of His Majestys Proclamation. If any British Seamen hen^after apply, and aconveyanceoifers fc the CJhesapeak, I shall assuredly send them to yon ; but if there should be no such conveyance, and a vessel n^ady for Hali- fax, I shall feel it my duty to send them thither. — Had the Sta- tira arrived here; instead of the Chesapeak, I have no doubt, two or three hnndred able British Seamen would have entered on board ht^r for His Majestys Service, and even at this late day, was your station removed to this City, I feel confident, provided the embargo continues, you would more than complete your complement. m CONSlJL-OKNERAIi, ISO 7-1H12 275 TO GENEllAL Sill JAMES CUAIG. he Sta- ibt, two n-ed on ate day, )vided pte your Sir. New York 4'- April 1808. I liMvo received your letters of tiie H"' and 12"' of Mareli tlie former per Post, tlu^ latter by John Wyatt on his return to this City. I have also re<',eived from M' M'Ken/ie of the Northwest (-ompany one hundred (h)llars advaiu^ed to defray Porteous' expenses in poinj-- to you ; and a draft from M' Richardson on Mess" M' Vieker and ( ■<> ; which was i»aid, for tlie hundred dollars <,nven to Wyatt on ac(!ount of his expenses in ^'oinj;^ with dis]>atclies fin* yon. — I am hapi)y to learn you are jjossessed of sufficient information to counteract tlie I )esijyjns of tho.se Persons respectinjj^ wli<»m I liave jjiven you notice. IVP Hose His Majestys Spi'cial Envoy to these States, sailed in th(! Statira Frijj^ate on the 27"' ulto. from Hampton Koads for Enji^land his mission to th(^se States having failed of its friendly objec^t. Within the hist Fortnight however a great change it is said lias taken ])lace in tlie disposition of Congress and the American (Sovernmeiit, and that thei-i; is everv rea.son to l)eliev(^ we .shall continue on Terms of Amity. Fii [)roof of this, the President has stated in conversati; to tlie Secretary (►f the Anierieaii Navy on the subject; and impliedly (H)ntradi<'ts my assertion tliat (Jrady is a Sii1)ject of His Majesty. (irady av(!i's that he was born in Ireland, and was a (lard- ner several years with Lady (^onnoUy, dauj^^hter of the late Duke of Iii(!hmond. In addition to vvhicli the Irish dialect is so broad on his Tongue, that every person who hears liim speak, would at once proiu)unc niak)* an ap- jdication foi- him. — It is tinu^ to ascertain whether the Am" (iovern>n(!nt intend retaining in Umv Service British Subjects. Sir. TO OENERAL HIST.Or, GOVERNOR OF TRINIDAD. New Yoi-k f)"" May 1808. I am this moment honored with your Excel^"" letter o,' the 29"' of March covei'ing your Proclamation respecting the loss of a gn^at numl)er of Houses and other Huildinj. s at the Port of Spain, the distress of the Inhabitants, and inviting all friendly neutrals to ex])ort to that place Provisions and Lum- })er iiiid that they shall )»e permitted to cany away in return Sugar, Hum, Molasses, Cocoa and Coffee. — I most sincerely participate with you and the Sufferers in the l(»sses they have sustained and the inconveniences they nuist exptsrience ; and it adds much to my mortification that I cannot officially make public your j)roclamation, in conse- quence of tlie continiuince of the Embargo Law — I will how- ever if possible get it a place in some of the News Papers ed- »^ CONSUL-UKNKltAI^ 1H()7-IH12 277 !• to yof lu'ts iaril- liite M't is him 1 am ars Sor- aii ap- le Am" il),ioets. 1808. • o' the Itlu' lo-'- llic Port Itin^ all id bum- II return Jferers in lees they lion that III conse- n\\ how- [vpers ed- ited in this (!ity.— M"^ I']rskiiie His Mujestys Minister at VVash- inj^ton I fear will not succeed in ()l)tainiii^ any indnljjjeiieo from th(^ Am" (lovei-nmcnt, for two reas(»ns, lirst J»eeanse I siisi)eet tlioy are not in(!lin(Ml to j^raiit them t() His Majestys Siiltjeets, and se(M)ndly if tliey do, they eannot refuse similar applications from the French and Spanish (lovernmcnts. At this moment there an; two oftieers at Washinj^tcm (l('|>uted hy the (T(>veruor of tlie City of IS' Domingo recpicstini? i>ermission to export flour from these States to that place; to ])revent tin; Inhabitants from perishint!;. — There is at prcisent not the least probability of the Endjargo being taken off. TO IlEAR-ADMIRAL COCHRANE. Sir. Now York 2'' May 1808 A freneh bnilt Ship formerly sailing out of this I'oi't under an American Sea letter under the name of the Eliza, has dur- ing this Winter been cut down in Fran(!e and everyway fitted for a Privateer, she arrived here some weeks since with a Cargo of Brandy and has cleared out for the Isle of France uiuhu" the name of the Constant, Vauvage Master. This is not the fact. Vauvage is the owner of this Sliip and on board of lier : but an American of the name of Waterman is the real ('ai)tain. She is not bouml for the Isle of France but the West Indies, or that part of the Continent which comprehends Surina?n, Dera- arara and Berbice. She has three or four (inns mounted, ))ut the remfiinder to ccpiip her to 18 Guns are in her hold, the weight or length of which I have not been able to ascertain. She sails uncommoidy fast, and will probably make many (■aptures uidess taken. — Waterman and such others of her Crew as are Americans will merit particular care and treat- ment being found on board an Enemy's Ship of War. — She may assume the name of the Eliza, Waterman Master and show an American Sea letter; or that of the Constant, Vau- vage Master with some other Custom House document — It will be proper for you to forward this to the Commander in Chief of the Jamaica Station. ' I ;i II . 1 18* I'l 278 i I 4 11 ' pi ■ ! \ ll I'' Jl ,-. IM i ( (!()IUtKSI'()NI»i;N«'K Ol' THOMAS IIAliCliAY TO ADMIRAL SIK JOHN DOllLASli WAUUKN.' SlU. Now York I!)'" .July 1H08 The (lay beforo y<'Htonliiy it wjis uiiiiouiKied in tlif Nows Papers of this City and nu'iitioiicd in piivato letters that a French National iirijj: of 'J()(}iiiis had ari-ived in the Chcst!- peak t'foni Hi-est with dispatches From the FiH'iieh (iovern- inent. By letters reiH'ived from tialtinioi'e & Alexiindria l>y this days nniil it ai)pears that a Frem 'i Nati(»nal iii-ij? of 20 Guns and 150 men had arrived in the Chesiipeak (not 'rom Brest but) from (fuadoloupe. It is ul«l II with ic sotno t, be off ^ Siiips. seldom licir ab- ho Bvii.' til <»v i^i^ iUiee of- it nie to List 1808 Le 29"' of. 5*'' Ai-ti- |i between lish Anibas- CONSUL-OENERAL, 1807-1812 279 His M : & \]w United States of America to inform yon wiietlier Moose Island in l*assaina(nioddy Hay is within His Majestys Limits or those of the United States. For th(! nion; ready eomprehendinp the eonduet of tlie Com" with respeet to tlie Ishmds in that Hay permit me to {?ive you two extracts, tlic^ first from tlie second Article of the (h^Hnitive Treaty of Peace Inrtween His Majesty and the United States, the otlMU- from the fifth Article of the Treaty of Amity Commerce and Navi<;ation above mentioned. — In de.seribin<; th«* boundaries which are t(» divide; His Majestys (tln'ii) Prov- ince of Nova Scotia from the TTnited States, the definitive Treaty declares — " P^ast by a Line tw be drawn alonji^ the mid- y the " ((hifinitive)" Treaty." and "that tin; said dtidanit ion shall contain a description of the said River, and shall ]>articularize the Latitude; and Lou- f!,itiide of its month and of its Sonrce" You will pei*(!eive from tht^se extracts that the C<»mmission- ers under the definitive Ti-caty in 178:5 eontem])lated and described the mouth of tlui River S' Ci'oix to be in the Hay of Fuiidy — and that tlu; 5"' Article of the Tr<;aty makes numtion only of its mouth, without refei-ence to the Bay of Fundy, in- deed the Bay of Fundy is not mcnti(uied in the Article. — It was the wish of the Commissioners under the 5"' Arliide of the Treaty of Anuty Connnerce and Navij^alion to have if ])ossi- ble carried the mouth of the River S' Croix into the Hay of Fundy; but on a fair examination of the River S' Croix we If i;i;( :?; Ml 280 COURRSPONDKNOR OP THOMAS BARC^LAY I ■' '' M were of opinion tliat the month of tlu* River S' Croix was at. a place called J»)e's Point nearly opposite; to the Town of S' An- (In^ws in the Westernmost Part (►f the Hay of Passamaqiioddy, and left the Houndarv from tlienet; to the Hay of Fnndy to )»c arrani^ed by His Majesty and the United States of Amerien, at some futnre Pei'iod. Thi; Commissioners however ap'e«!d that thoy would i-ceommend to their respecrtive (Jovernments that the ('entn^ of the Main (channel which l(!a(>rtaino(l Lordsliip .d in Tas- saTna(jnod(ly Hay had a[»poi';s consideration, that it was my opinion Moose Island should be granted ex {gratis by His Majesty to the United States of Anun'ica, as th(\v had posst^ss'-d it since 17H;J and used it as a Port of Kntry. — His Ijordship directed me to confer with M' Kinj^ on the Subject. M' Kin^- and my- self met twice or three times, and he linally aii^reed to ac^ci^pt Mooso Island in full of all claims for Islands in the liay of l*assama(pioddy, as an evt^ntual arranrstood M' Kin^ receivcul instructions from his (}ovtM'nm(Uit not to ])roc(>ed any further in tht^ pro})osed ('ommission for rnnnin<;' the remainder of the unascertained Lines between His Majesty and these States. — TO ADMIllAL SIR JOHN BOllLASE WAUREN. New York .T Sept.' 180S. Sir. I have the Honor to acknowlcdji^e the receipt of your three siivcral hitters to me of the 2S"' of .Inly. — I rej^rct tha.t IIk^ live Seanuiii I stint to the ollicci* (loiiimandiiii^; His Majestys Ships of War at Passamaipioddy, havti not been delivered. At the time I put them on board there was no conveyanc«i for Hali- fax. Thti nijtstei's of Miirchant V(!ssels cannot be confided in: and the C'a.i»tains of Pack(its, in c.onsc(iuen(i(i of the number of Pass(!nj;ers they cjirry to Falmouth, sin-o, are averse to be troubled with Seamen, intended foi* the Navy. — Captain Davis of the Manchester e no con- 1 See ante, piige 14(>. r '<.■■■ J I t 282 CORRESPONDENCR OP THOMAS BARCLAY veyanoo for Seamen. Perhaps it would not be amiss for you to send a small armed vessel oeeasionally between the middle of Oe,tol)er and Mar(;h to take sneh men as may wish to return to His Majestys Dominiojis. The ostensible reason for the ar- rival of an armed Shij» frojn you. must be dis])atehes, and the Officer Commandinj^ on his arrival at Sandy Hook or Staten Island is directed by Law to rejun't his arrival and the eause (towit that he is eharji^ed with dispatehes) to the (V)lieetor of the Customs, who will then if reciuested grant liim Pro- visions, &e. ( ■ In' TO ADMIllAL Sill JOHN BOHLASE WAllKEN. New York :{'' S.-pt' 1808. {Private.) Dear Sir: The incidents which have occuri'cd in Europe, and in the Spanish C'olonies in North and South America, are events of such general importance and so p«!culiarly fort unate for (rreat Britain that I cannot refrain offering you my sinciere congrat- ulations. — I cannot say 1 am very sanguine in my exiicctatiims of th(> (^onstiijuences of the I'cvnlutions in Spain and Portugal, unless they arc supported by what we have had hints to ex- \w{'t, a revolution in Italy, and a (cooperation of the Northern Powers. Should these take phuce, and unanimity, decision and energy actuate thc^ allies, tlm Tyrant must fall. — At all events if the Spaniards and Portugese act with pi'udenc*^ and protnptuess, and carry loni('S in the West Indies and on tlu; ('ontinent of Amei'ica will now take from our nuinufacturers all that their Industry can sui)ply ; and I am at times in doubt whether a. c(tntinuan(!e of the Ameriiriui Fmbargo will not ojierate bene- licially to Britain. — Whether the occurrences in Furope have had any effect on M' Jefferson and his Ministers inis not yet transpired. 1 have no hesitation to say, but for these events, they would have gone to War with us, and united themselves more closely with France. — For this purpose; they have pur- sued ev<'ry measure which could give offence to His Majesty and Ilis Mini. n in tln^ hopes of inducing them to some act wh'ch would be geneially offensive to the Americans and give colour to a War. — A large proportion of tin? Americans per- haps a irnijor part are averse to War with Britain. If there- fore Bi'itain could have been so goaded as to commit the first aggression, the American (lovernment believed numy if not most of those wlio were opposed to a War, woidd become ad- vocates for it. — It was uiuler this conviction that I some time since took the Liberty to give yt)u my opinion, with respect to Moose Island in Passamaquoddy Bay, possessed by the Ameri- <'ans, Vmt a})[)ertaining to His Majesty ; and to recommend the avoiding all acts of violence to gain tiie possession, indeed not even to make a demand at present, for it. — My reasons were given at length and shall not now be repeated — Vermont Massachusetts and Connecticut are decudedly favorable to Britain in opimsition to France. In this State aud in Jersey and Pennsylvania they are nearly divided, and in c nsequence iil 1 m TT^ 284 COltUESI'UNDKNt:!': OF TIKJMAS BAIiCLAY •; f ' f of the l<]inl)firi;<> tho fcnha-ul purty arc daily f^jainiii*; .strenjiftli throughout tho Union. — Petitions or i-athcr Memorials ai'o sendinji: i'roin the Eastern and Northern States to the Presi- d(!nt for a repeal of the Enibarjj^o, and should it not he raised in November or Deeemher, I should not be surprised if vio- lenet! was opposed to Law. Orders have l)een issued by the President for l)uildin}^ two larj^e Armed Hri^s and sonu; ■ ■ CONSUL-GENERAL, 1H07-1812 285 prioty visit tliis plnco, wliicli you will lin[round eitlun* of beffcr Title, as it re- fjards lioKiuhirfi, or as not within tlui Boundary of any of the Grants uiuler which the Territory then; has been claimed and so, as it were, luicaiit ; for in the latter (-ase the American (lovtM'nnu'ut would be intith'd to it by Iiiaties also suppose, that whichever miufht be; tlm true River, it emptied immediately into the Bay of Fundy t*r Sea in that Quarter, whereas both the Rivers claimed emi)ty into the Bay 1 Lady SouMiampton was a (lanf^litcr of Sir Potor Warroii, whoso wifo was Susan Do Laiu'cy, daiiKlitcr of llio (irsi Stcpluwi Do l^aiiccy. 'i t ' I !''■' I 't r *!| 28G CORRESPONDENCE OP THOMAS BARCLAY of Passama(iuocl(ly, u Bay, it' it may bo so expressed, of the Bay of P^iiidy; and it being only sul)initted to tlie (Nmnnis- sioners to ascertain tlie trne Kiv(!r, and with it it's Head or Source and it's Month or Confluence with <)ther waters, und they having ascertanied the hitter to be at [Joe's Point) there would seem to be a Defect in the Boundary of MassiU'husetts as to the Space or Distanc(^ between the Mouth of the River and the Bay of Fundy, and tin; Parties being indepciudt^nt Sovereignties and therefore not amenable to any common Tri- bunal the Doubt, or Question arising from it was nec^essarily left as the Subject of further Convention — I sjicak of it as a seeminff Defect only being perswaded the Law W(»ul(l count vnc- tirelij sup[)ly it by declaring the Fihim Aqmw tlu' middle of the Channel of the nearest Passage fit for tin; ordinary Navi- gation between the M(mth of the River and the Bay of Fundy to be the Boundary — The Necessity of this Construction will be more obviously discerned if we suppose the IMagaguadavicl to have been decided to be the River, the Mouth of it being just within the northern Headland of the Bay of PassamacpUKldy ; so that without some such closhnj Line as I have suggested this most incongruous Consequence would follow, that the Nation, having the main Land forming the shores of the Bay of Passamaquoddy 'n f. early tlu; whole of its Circumi'erence, would still be without a Right to any of the Islands in it, or even to the Use of it's Waters — You may communicate this Letter as you nuiy think jn-ctper trusting that my Motives to it will not be misconceived, Yours sincerely EoB' Benson. Oct' 26, 1S08. to MB. ERSKINE. New Vork 28'" Octoljer 1808. Sir. {Private.) The late confidential communications respecting Moose Is- liind, which you have been pleased to transmit to me, and the ■AMMMlfMVI^ CONSlJL-OKNKKAIi, 1807-18112 287 1S08. |)ose Is- md the refusal of tlic Aiiicriciin (JoviTirtu'iit, to dclivrr tliiit Island U> llis Majesty, have led me to re(M)iisider tlio Suhject and I feel it my duty to inform you of tlie result. I fear I liave luiretoforo been led into an error by j^ivin^ the Treaty of 178;J l>elween His Majesty and the Unitcul States of Anu'i'iea t()(» eonflned a. eoiistruetion. — On mature delibera- tion I am inelined to bi'lieve it was the intention of His iMaj- esty and the (Tovernment of the United States of America in 17S3 that the Eastern Honndnry of the then Province of Mas- saelmsetts, should be the fiine to divide His Majestys Colony of Nova. Scotia from (he Tei*ritorv he was about to (U'de totlu^ United States of America; and as the Itiver S' ('roix had ori<;imilly been tlu! Pjastern Boundary which divided Massa- chusetts from Nova Scotia it was aji:recd by the Treaty that "a liiK^ drawn alonjj^ the middle of the River S* Croix from its mouth in the Bay of Fundy to its Source, and from its Source directly North to the aforesaid Hij^hlamls vvhi(di divide the Rivers that fall into the Atlantic Ocean from those whiiih fall into tlu^ River S' Lawrence " should be the Kastcri i Bou n d ary . — Then follow th<' words under which His Majestys present claim to Moosi! Island is founded towit '' (Himprehendiiii,' all Islands within twenty leaj^ues of the Shores of the United States, and lyinj; Ix'twi^en Lines to be drawn due East tVoin the Points where the aforesaid Boundaries between Nova Scotia on tlu^ one pai't and Kast Florida on the other shall respectively touch the Bay of Fundy and the Atlantic Ocean, exceptiui; such Islands as now are or heretofore have been within the Limits of tlu; said Provinct^ of Nova Scotia." It appears to me that His Majesty cannot justify taking ])os- session of Moose Island. \IIf-re Colonel Harchiji repeats the imjHmcnts used in tin' fore- f/oing tetter from Jiahje licnson.] It is also evid(!nt that the Treaty of 1783 whi(Oi gave to the Unit(!dStates " all Islands within twenty leagues of the Shorcsof the United States excei)t those which then were or theretofore had been within the Limits of the Province of Nova Scotia," intended ouh'^ Islands laying in the Bay of Fundy and in the ") \ '2H.S CORltKSPONDKNCK OK THOMAS lUUCLAY Ocoau; btTaiist! it rxprossly duliiicis Ukmii to Ih", " lyiuj; be- tween Lim!8 to bo drawn due East from ilio points wlnii-o tlic! at'orosaiart t the niwn ijrits )usito (1 not iliv'ul- r Vov- Islaiid ■ I SOS vomber U'll Itist -Major it'ornnMl iiu', it at the IS very ible — forward it nwdvr (utablc ISOU iustruc- States to CONHUL-GENEHAL, 1H07-1812 289 the Collectors of the diflfercnt Ports for their rule of conduct under the Non intercourse Act.* — These instructions ai)pear to me to comport neither ^vith the letter or spirit >)f that A(;t; and pregnant with serious incon- venience and probable loss to His Majestys Subj(!ets. Should tliey appear in the same light to you, I take; it for granted you will endeavor to obtain a reasonabhi alteration. I take the liberty to iticlose my private renuirks on the instructions. Permit mo to notice that it will be necfvssary to obtain from the Secretary of the Treasury an additional instrucition to the (,'Ommanders of the American Shii)s of War, and (Jun Boats, and to the Collectors of the Customs to enjoin the Pilots and Masters of Revenue Cutters to give notice to the Masters of all foreign Ships and Vessels attempting to enter the harbours and Waters of the United States of the forfeiture they will in- cur under the Non intercourse -.wt by entering the Harbours and Watiirs of these States. Such a notice to persons ignorant of the act is reasonable, and may eventually save the unpleas- ant circumstance of remonstrance for want of due notice — TO DOCTOR CROKE.- SlR. April (?) 1809 By the Brig General Prevost, Tupper Master, I did myself the Honor to inclose to you a copy of the Non int(!rcourse Act passed in the late Session of Congress ; together with an ab- stract of M' Gallatin the Secretaiy of the Treasury of the United States, his circular letter of instructions to the Col- lectors of the Customs, explanatory of the Act and directing the manner in which they were to conform their conduct un- der it. — I informed vou at the same time, that I had stated to His Majestys Minister at Washington, the objections to the in- structions contained in the circular letter before mentioned ; and took the liberty to recommend to liim in the Event of his concurring in opinion with me, a remonstrance on the part of 1 The act of March 1, 1809. 2 Dr. Croke at this time was Acting Governor of Nova Scotia. 19 f 'Hi ! ■ ^ § 290 CORRESPONDENCE OP THOMAS BARCLAY Hi.s Majesty. — I am hajjpy to inform you tliat M' Krskiiu' Ilis Majestys Minister made such a rei)res(!ntation to tlio Seca'otary of tlie Treasury, ami tliat he on the reconsideration of his in- struetions has thouj;ht proper to nuike the alterations sunts made by him, and Francis James Jackson was ap- pointed his successor. Ho arrived in Washington September 8, 1809. U M ! « ■; i 1 ^' 1 } 1 1 n 1- 1 !i i I 292 (X)lUtKHP()NDRN('K OF THOMAS HAUCLAY iicr, till! (Nmsiil Jul ititcriin, diiriiif^ the ul>s('n<'0 of M' Alton who is His Majostys Coiisul for Massiirliust'tts, New Hjunp- sliirc niul Verinoiit, his roport of the Quota i)roiiiis('(l l»y Miis- Hiichiisclts, and the; roport of M' (Jilpiu ; Vk-v (.'oiisiil for Couiicctiimt aiul Hhodo Islaiid. Tho (lovcrnor of C'oniu'irtieut rt'fiiscd to obey the order of tho I'rcisidi'iit, no militia tlicreforo were eiiilxxlied under that order in that State. I inclose for yoni' information a copy of the return of the Militia of the United States ; eontained in M' Jetfersons letter to (!onj;ress of the 2') of March ISOH, this return was the Scale on which the relative (piotas of each state was j^raduated. You will per- ceive by contrastinj? New York with Rlassachusetts, that the proportions an^ not arithmetically correct, still perhaps sufli- «!iently so to take either of them to resolve the j)robal»le num- ber furnished by Vermont and New Hampshire, the two States from which it is impractiitable without expense and jfreat trouble to t)btain returns. — The Statu of New York furuLslu'd 14;3;}9 Militia men under the order of the President. — They never were asseml)led at the same time and place. Eai^h eoiuity in this State furnished its projxn-tion of the 143;}9 Men, under the order of th(i (lovernor of this State. They were drafted; and in some (Jounties, the men were three times assembled, in others only once, and in a few of the ('ountios th(\v never were as.sembled. In the ('ounty of New York they ass(*mbled once: but on legal advice beiuf? taken, it was dis- covered, their attendance could not be eomi)elled, and the two subse(iuent meetings of the drafted Militia for that City and County were very incomplete. — The Drafts wei'e generally of- ficered, in some ('ounties formed into Companies — The (tov- ernors order si)ecified the respective divisions which were to form each Battalion but these Divisions never united so as in reality to form Battalions. They did not receive clothing. They were all armed with their own Arms, which were of dif- ferent Calibres, and various lengths, some with Bayonets, oth- ers without, and not a fourth with Cartouch boxes. The Arms generally speaking the reverse of serviceable. — Not any pro- ficiency was made in their Military Exercise and Movements. The drafted men were exempt from assembling with the Vol- CONSUL-CJENEItAL, 1807-1812 293 iintcor Corps and coninioii Militia on tlic ordinary days prc- .s('ril»('d ]\y ]mw; miijl tluiv were (lisclmrp'd from the Spoei;'.! duty for whi(!li tlu'y bad hnon drafti'd. TO MK. MOIIFEU.' Now York 10'" October 1810 SllJ. hy tlio Sandwicli Packet I reoeivod a letter from M' Hamil- ton tbe Under Secretary of State for foi-eij^n Affairs a(!([uaintinj5 me tbat be bad sent to me in tliat Packet a Box (5ontaininf; several eopiiis of M' (Joldsniitbs Hook upon tbe secret History of the ('ahinet of Hnonaparte: - and tbat be was directed by tbe Manpns of Wellesloy'' to desire that I would forward a dozen copies of it to you, and take yoin* opinion respe(!ting tbe manner in which I should distribute the renuiiiuler. By this days Mail I forward you one of tliese copies, and bog your directions whether I shall send the remainder in a Box by tbe mail, or by water. — Pernni me to request your opinion in what manner I shall distribute the rest, so as to render their contents generally known in these States. IK. I 1 John Philip Moricr, British Sec- retary of Lcgiitioii, and Charg6 d'Af- f aires ad interim. 2 Lewis Goldsmith was a Portu. ijuese Jew by iuion that the most eligible mode to disti'ibute the copies of (Jold- smitlis Secret History of the Cabinet of Buonaparte, sent by you to me, was to forward some sets to each of His jNIajestys Consnls resident in these States, I have in compliance with his directions sent six sets to M' Bond His Maiestvs Consul (Jen- era! for the middle and Southern States, an et,'-al Number to M' Allen Consul for Massachusetts, Now Hampshire and Rhode Island, and three sets to each of His Majestys Consuls for Maryland, Virginia and North Carolina — The remainder after forwarding- a dozen copies to M"" Morier, T have given to well disposed Individuals, who have promised me to circulate the contents to the ntmost of their power — One copy I gave to M' Sargeant a Bookseller, who has now in the press 2000 Copies which will be ready for sale in a few days.-' TO THE COMMANDER OF HIS BlUTANNIC MAJESTY'S SHir OF WAR OFF SANDY HOOK. I ■ y; I BRITISH CONSUL OENEBALS OFFICE Sir. New York 2' May 1811. I have the honor to inclose to you a letter received from the INIayor of this City, respecting the impressmimt yesterday of 1 William Richard Hamilton, Un- '^ Sergeant's edition is in two voi- der Secrc*ary of State for Foreign nmes, 18mo, and is accompanied Vjy Affairs from October 16, 1809, to " Notes by a Gentleman of New- January 22, 1822. York." M-ncK 1811. I'oin the i-day of two vol- xmicd by of New- CONSUL-(IE:;ERAri, 1S07-1S12 205 John Dog^-ins/ a native Citizen of the United States of Ameriea from the Anu'rican liri States, forcibly taken yes- terday from the Spitfire and carried on l)()ard II : M: Ship nn- der yonr command ; and your refnsal to restore him to Jo.sin' Fichett, his master, who was a })assenii'er on lioard the S[)itlire. In addition to the Ari^-nments which tlie inclosed depositions natui-ally siif;''e() is a Native Citizen of these States — He was born at Cape Elizabeth in the Province of Main and has a Sear on the back of one of his hands — On the fifth of May off Long Island to the N : E of this Port, Captain Pashell also impressed another American Sea- man from the American Sloop George named Gideon Caprion, the documents respecting whom I have the Honor to inclose — At the present moment such impressments off the mouths of American Ports are peculiarly unfortunate, and what adds to the disagreeableness of the circumstances, is that both these men belong to Eastern States who are not in the habit of giv- ing Certificates of Citizenship to His Majestys Subjects ; have few of their men impressed through mistake, and are therefore more sensibly hurt, whenever such accidents occur in addition to whi(?h the people of the Eastern States are more Friendly to the English than all the other States. — Permit me there- fore to request you will have the Goodness to order these two young men to be discharged, and when discharged to direct them to be delivered to M' Lawrence Hartshorne, who has my direc- tions to supply them with money to carry them to their Homes. I have stated these impressments to have been made by Cap* Pashell of H. M. S. Gueriere ; yet I am not positive this is the case. The Commander of the Frigate which has been for some days off this Coast concealed his own and his Ships name. But several Vessels which came into Port have Stated that the name of the Frigate was Gueriere. Yet I observe in the News Paper which I inclose to you that the name of the Ship on board of which Digo or Diggio was impressed, is said to be the Pizarro. This you can easily ascertain. TO THE MARQUIS OF WELLESLEY. B: C: G: Office Now York 16 Aug' 1811. My Lord — I received by the last Pacquet a letter from M' Hamilton under Secretary for the foreign department of State dated the 1' 1811. CONSUL-GEN EKAL, 1807-1812 299 17"' of June, in which he iufonns ine tliat your Lordship had directed him to triiusniit to me an extract of a letter from Rear Admiral Sir Francis Lafney Bar*: ('ommander in ('hief in the Lticward Islands, representing that the French Privateer La Diligente had captured several English and Spanish Vessels, and that she was reported to be in part owned by persons in New York whither she was bound ; and that your Lordship desired me to enquire into the truth of the above statement and to report to your Lordship the residt of my enquiries and also to communicate the same to His Majestys Minister at Washington — In obedience to your Lordships directions I have made an attentive search through the Books of the Customs in this City, and in the different Insurance offices lierc, in which registers are left of any Vessel which arrives in this Port ; but not a Vestige is to be found, that a Privateer, or any other Vessel, of the name of La Diligente has been in this Port or is owned by a Person in this City ; nor have the officers of the Cus- toms, or of the Insurance offices any recollection of such a vessel having entered or departed this Port. I have extended ray enquiries to the Pilots and other Individuals who it was probable might recollect the Circumstance, all of whom assure me they believe such a vessel never was here of that name — La Diligente, (Irassin Commander is a French Privateer well known throughout these States, in consequence of the great number of English Spanish and American Vessels which she has captured, plundered, in some instances allowed to be ran- somed, but generally destroyed. The number of American Vessels by her captured far exceeds, that of English and Span- ish United. Captain (rrassin arrived in La Diligt^ite this last Spring at Philadelphia, where he and liis Scluxmer still re- main. The American News papers have been tilled witli details of American Ships by him captured and destroyed. The Pop- ulace in Philadelphia meditated to burn this Schooner, at the instance however of Captain Urassin the Governor of the State of Pennsj'lvania issued a Proclamation inhibiting under heavy penalties any person or persons from injuring or molesting the person or property of Captain Grassin in consequence of T I'll ill 1 1 ' ' liS|i ■li i :!'. 300 CORRESPONDENCE OP THOMAS BARCLAY : j I {:.! whicli the Vessel remains safe at Philadelpliia — Several ac- tions have been commenced against Captain Grassiu by Citi- zens of these States, not any of wliich have yet l)een tried — It is said a Frenchman named (iuier who lately removed from Baltimore to this City and who I nnderstand is not a re- spectable Character is a part owner of the La Diligente. It has also been snggested that Uuier is merely the nominal owner — I sent a Frenchman in whom I could confides to en- deavour to draw from him whether he was really the owner or in any way interested in the Vessel. The inquiry was well managed the subject introduced as if by accident and he was asked whether he had made any insurance on his Vessel in Philadelphia against any acts of violence which might there be committed against her — He replied he had no interest in the Vessel and was merely Agent to ('aptain ( Irassin — There is at present a small French Privateer from L'Orient cruizing off this Port, named the Marengo, Ordonaux Mas- ter — C'aptain Lawrence of His Majestys Pack(?t the Duke of Kent is under no apprehension of danger from her. TO MR. FOSTER.! M i,i Sir. New York 28" August 1811 I have the Honor to send addressed to you the Evening Paper of this day, from which you will perceive that the Brit- ish Merchant Ship Tottenham, Young Master, arrived in this Port at 3 oClock this afternoon, a Prize to the French Priva- teer the Duke of Dantzic, Arregnaudic Conmiander, member of the Legion of Honor. The Tottenham was captured off Barbadoes the 3'' instant — The Captain and Crew, three men and two Boys excepted who were left on Board her, were taken on board the Privateer. — I have seen the Tottenham, She appears a Ship of (500 Tons, I am told is laden with Coals, the British Flag hoisted under that of France — 1 Augustus J. Foster was ap- in Washington July 1. He had al- pointed as Minister to the United ready been here as secretary to Mr. States in April, 1811, and an-ived Merry. 1 CONSUL-GENERAL, 1807-1812 301 le liaii ^^- Uy to Mr. The abov(i information I have thovij;^]it necessary to give you, as I do not know of any Law of nations, which aUows the Prizes of Belligerents to be brought in and recisive pro- tection and comforts in a Port of a nation at peace with both the Belligerents — The Collector here can do nothing, conse- (liu'ntly an api)li(!ation from you to the American Seciretary of State for the restoration of this Ship is the only possible mode by which possession can be obtained — I am told by a man who was on board the Tottenham that all the Prize Crew are British or American Seamen as they spoke the English Ian guage with great fluency. TO MR. FOSTER. New York 2"'' December, 1811. Dear Sir. Having some days since discovered that the collector of the customs in this port, had granted permission to the captors of the British Ship Tottenham, a prize now here, taken by a French Privateer in the West Indies, to sell the cargo of that shij), for the i)urpose of repairing hei-; and being convinced that the captors did not intend to repair the ship, and that their object was only to realize the amount of the cargo, I considered it my duty to remonstrate against it, and wrote to the collector a Letter to that effect, a copy of which I have the Honor to enclose. You are the best judge, Sir, how far such a License, operates in violation of those principles of neutral- ity which the United States of America uniformly assert they scrupulously maintain towards (Ireat Britain and France. Permit me to make this one remark, that the sale of the whole was incorrect, because it was uncertain what the amount of repairs and other incidental charges would be ; I am further of opinion that the repairs should have been made before the permission for the sale was gi-anted. The cargo though not amounting to a large sum, I am of opinion will pay more than double the expense of repairs and charges. Permissions like this will induce the Commanders of French Privateers co send theii* prizes to these States, as the proceeds i| I ! '=1 ■tl 302 CORRESPONDENCE OF THOMAS BARCLAY of the cargo sold here under a Custom House License, will amount to something of consequence; and while it is so much saved to the captors, it takes from His Majestys subjects the possil»ility of recapture. M FROM SIR GEORGE PREVOST. Quebec 4tli. Januaiy, 1812. Dear Sir : — I have been waiting for the arrival of the September and October letters to announce to you my appointment to the Chief Command, Civil and Military, in the British American provinces, but from some cause, hitherto unknown, neither the one or the other of those mails has yet reached Quebec — However I will no longer delay ac Him. If you have not already forwarded the Articles which your Sou was so good as to request you would purchase for me some time ago, I beg they may be sent by this Conveyance and as I have desired the Commander of the Vessel to buy several other things for me at New York I .shall l)e indebted to you if you will afford him every assistance in making these purchases. I have etc. J. C. Sherbrooke. 1 Commander of the Forces at Halifax. I i-^;. ' i' ii i 'ii n" 'Mi I I) ! :l li ,) 'I' ,i \k ; i ui , 1 CORRESPONDENCE OP THOMAS BARCLAY TO SIR GEORGE PREVOST. Dear Sir. New York, 22"'' January, 1S12. Ca})taiii Coorc a few days siiico dolivered me your private Letter of the 4"' of this month, aniiouneinpy of any document which you might be able to lay your hands on. I regret that Mr. Stewart of New London has not sent me a Copy of the Protest of (Captain Chew.'^ I am &c Aug. J. Foster I heard of one Cask of apples arriving safely for Mr. Ham- ilton the Un. Sec^ who says they are excellent — so good he wishes for some more. 1 James Henry's secret correspoii- French frigate, .and brouglit news of dencB with Sir James Craig was sent the burning of two American mer- to Congress on March 9, 1812. chantmen by a French squadron. '^ The brig Thames, Samuel Chew, Adams' Hist, of the U. S., Vol. VI, maste" had been searched by a p. 193. L 1 m 12. u the I < pro- its of inpoli- )iil)ei's in his e Risk jt'ore I Hi^'lxts s uiueh ' of any J on. I k me a )STER V. Haui- fcjood he lit news of ican mer- sqiiadron. Vol. VI, CONSlTL-fJENKRAL, 1807-1812 FROM MR. FOSTER. 807 Washington April 10, 1S12 My dear Sir, T l)('lit'V(( tlio U. S. Act will \n' soon snspcndtMl or cvon re- I)('!il(?(l. You soc it is broufijlit on in Conj^rcss.' I lu'licvd tlio Congress talk of adjourniiifj^ to lie 20 .luno. There is a rejiort credited by many that do W. Clinton will (M)alesc»^ with Mr. Madison and be V. President. Your New Y'ork polities are becoming; interesting.- If you hoar of anythinj; detMsivtf in that way pray let itie know. Do you know what Mi*. Villiers Mansel is come to this country about. He is a young man I believe of about JJl years of age — I am told he is coming on here. I lun &e Aug. J. Foster. Is there any way of writing to England from New York. I return you many thanks for your troubh> in trying to get me the documents abou<^ ships captured &c. A, J. F. FROM MR. FOSTER. Washiu^ton April 24, 1812 My dear Sir, I thank yon for your letter of the 19"' inst. The Senate read twice a bill for adjourning to-day, thne in blank, supposed will be to the 2'.' June, it is uncertain if it will pa^..' in the house. Indeed everything is uncertain here. Last week, we should have all sworn there would be war, to-day it's adjournment. Don't be suri)rized if I fear conunitting myself in giving an opinion when such changes are constantly taking jjlace. I will be much obliged to you to give me the Character of de Wit Clinton how he lives at New York, what fortune he has, his age & friends. 1 A bill to suspend the non-impor- - An election wl i to take place in tation act was considered in the May ; and it resulted in a Federalist House of Representatives on April suceoss. 9. It did not pass. I i'l V'T" 308 CORRESPONDENCE OP THOMAS BARCLAY I tihall also thank you to g e me any information you may possess as to the State of defences of New York Harbor & as to tlie nianufaetures lately established in the State. Ever yours &e Aug. J. Foster. ^.k H ^ If. \ i FROM VICE-ADMIllAL SAWYER. Bermuda May 7, 1812 [rrii'dte.) My dear Sir, The Bramble is charged with Despatches for Mr. Foster, and has brought two Seamen late of the Chesapeake, which I retain here 'till the pleasure of the U. S. Goverumeut is known, as to where they are to be sent — with which infornuitiou the Bramble will call here on her wa!/ home — when I hope at the same time to hear, matters at Washington, are from the late aggressions of the French, putting on a more favourable as- pect — His K, H. the Regent appears to have great difficulties in forming an Administration, but we still trust the good sense of all parties will prevail, and the general good be the ultimate object of all — in Spain all looks well,^ and in the North, it is to be hoped Buonaparte will lind his hands full. I have very much to thank you for your attention to all my little Commissions, and vnW take care you receive the amount in specie, as soon as I reach Halifax, — my departure for which will not be (if no unforeseen occurrence arises) till after I again hear from Mr. Foster. We have ships on the look out for the French Frigates, who seem to spare their friends as little as their iocs — which is per- haps at this moment very fortunate. Will Mr. Madison in any shape avow or countenance the iate transa(;tion at Ameii;. ? - I am &(i H. Sawyer. 1 Chidad Rodrigo, January 19; though liis action was disapproved, Badajoz, Ajjril C, 1812. possossioii of tlio islaud was retaiued 2 General Matthews seized Ame- by the Uuited States, lia Islaud on March 19, 1812; and "^.V 1 tX)NSUL-UKNERAL, 1807-IH1'J ;k)1) P. S, I liavo just p:()t liold of \>\0 Dolliirs wliich I soud in part payment of my drhts — pcrliaps you can send mo a few Pots of verij sHpcrior frciich Ponuituui — and two Half Clu'sts of Tea by this same Bramble — or to Halifax at some future time. I I FROM MR. FOSTElt. is per- Washiufjton May 10, 1812 (Privafe.) Dear Siu, It was a Map that mijj^ht include a ji^oneral outline of the liar- bour of New York with its Islands & batteries that I wished, but I should rather hav^e a ji^ood plan of the harbour. I am obliged to you for all your hints & for your Informa- tion about Emigrants to the U. S. I fear the sending back some of the Irish unless done with great Cireonspection might tend in a degree to hold forth an idea that returning would be a Matter of little difficulty & encourage many to come over on speculation to look about them in the hopes of getting back for nothing if they did not succeed — tlio' the Welsh ease you cite is certainly a strong one. Perhaps the promising to send their Letters free of Exi)ence to their friends might have the same eifect as their being sent back by holding to them an in- ducement to write their sentiments freely & at full length. It must be seldom that a Man who has once broke up his Estalj- lishment & the ties which attach IiIm to a Country can be an acquisition to it in returning. It is now thought that the Restrictive System is all the rage and that the plan of war is but a Mask to the continuance of it, — so absolutely are they here without Chart or Compass that I really am at a loss to give you news — or accounts of any kind. When I see such unstabk proceedings T think more than ever on the value of the sentinuMits of Horace Ji(sfu»i et tena- cem propositi virum &c — but then the justum is as it should be the first word & Condition of all the rest. 20* ir I ii il. 310 CORRESPONDENCE OF THOMAS BARCLAY Be assured wc work for friendly relations with A.inerica but then it is necessary they should be more impartial & less un- gracious to us than they have hitherto been. What is beconu^ of Mr. Villiers — it was said he was at Bal- timore — is it not strange L''. Jersey's Brother should be here & have no lettt;r for me who know L'". and L^. Jersey very well ? Ever Yours &c Aug. J. Foster. I am glad to see you have sent on my Letters to Halifax — where can the V. Admiral be. I much fear some Collision with the American frigates — they have taken in 6 months water & provisions I hear and are gone Southward. A. J. F. J IT h 11 ; i flla ■ ! \ It y A FROM MR. FOSTER. WaHhinjrton Jirifi 20, 1812 My dear Sir, I am not yet able to send you officially the decision of the American Government respecting your Consular functions nor the act declaring War. I shall, however, be able to do so to-morrow. I pray you to send off Coasters in every Direction to apprize H. M. Ships of the State of things that they may keep together and join the cidmiral. The American frigates have no orders as I have been informed to go far to Sea in Search of our Ships, and no Privateers will be yet allowed to go to Sea. Mr. Baker ^ does not go on to-morrow but a Mr. Hamilton 1 Authouy St. John Baker, the British Secretary of Legation. He remained for some time in the United States acting as agent for prisoners of war. The Government finally refused to hold further com- munication with him, and ho re- turned to England about the begin- ning of the year 1813. He was Sec- retary of the British Commissioners at Glient; brought the ratified treaty to Washington, and was then re- ceived as Charge d'Aif aires, in which office he continued until the arrival of Mr. Charles Bagot as Minister, in 1817. CONSUL-GENERAL, 1807-1812 3II fT.v^'wtf *f ' f '>f «J^«« fo^- ^ne to E- .gland by way of Hali- fax will set out in Monday's mail stage. I beg you will en- deavour to procure a Conveyance for him either to nt without any iinint'diat(^ con.suhir cinploynient, and considcsred it probable nniku* t;h)ak of the superintenchinoe of British Prisoners of War, I might from time to time liave it in my power, from the extensive accpiaintanee whieh fourteen years residenee in the United States had given me, to furnish not only His Majesty's ministers, but the (lovernor General of ('anada and His Majesty's naval and military Commanders in Nova Scotia with (Mirlv infornuition. I am now called on for my answer, or rather the Lords Commissioners of the Admiralty without any further eommu- nication have ordered me to be appointed. I leasure I should go to America under the present temporary proposed appointment, that I am ready to obey his commands ; if not that I will immediately decline the proposal. 1812. George 3sity of I iii- FKOM MR. HAMILTON. Foreign Office, Nov. 27, 1812. Dear Sir, I did not omit to lay before Lord Castlereagh your letter of the 21st inst acquainting His Lordship of your nomination by iLord Castlereagh became Foreign Seerotary on February 22, 1812, on the retirement of the Marquis of Wellesley. I ;j2o (;OUltKSI>ONI)KN('10 OV TH(JMAS MAItCLAY tlu* Lords of tlid Adminilty to rcsido iis A<,'('iii, for I'risonors of Wiir ill tho United States of Anici'ica and rcMincstiiij^ iiis Sanction to your acjccptancH! of that Appoint nient. I have the Satisfa(!tion to assun; you that Lord Clastloreaj^h i»(M'f(!ctly approves of your Intention to ae<;ej)t it if not objectionalde to yourself, and that it will in no way interfere with tho renewal of your late Appointnieut under this offleo. I am &c W. Hamilton. FllOM THE TllANSPOllT 150AUD. SlK. Tninspurt office 11"' December IH12. Having- by our warrant under tliis date appointed you to be an A^ent to reside in the United States of Anu'rica for the relief of British Prisoners of War in those States, and for carrying on under our direction a general exchange of Prison- ers upon such Principles as may hereafter be settled ])etween the two Countries, we direct you upon the receipt of this letter to proceed with all convenient dispatch to the United States for the purpose of taking upon yourself the Fuuctious of your employment accordingly ; and immediately after your arrival there you are to present yourself to Admiral Sir John B. War- ren, or the Flag officer Commanding in Chief, or senior officer on that Station, and to communicate to him your warrant and instructions consulting with '-n as to the fittest place for you to take up your residence You will lose no tiT- landing of the American Gov- ernment, through th er Channel, permission to visit all the depots for British ±. risoners of War as often as you may judge necessary, taking care to inform the American Govern- ment, that whatever Privileges and Tndulgencies may be al- lowed to you the same will be granted to M"^ R. G. Beasley who is accredited here as the American Agent for Prisoners of War. You are further with as little delay as possible to endeavour Aap]NT VOli HHITISH I'lllSONKKS 321 aGov- isit all )ii may overn- be al- easley isoners leavour to procuro from siioh (lopartincnt of the Aincricun (rovcrn- niuiit as tli(! liiisiiit'ss niay iiiiiiicdiatcly ooikmmmi (and to trans- mit to us) 11 list of all till' Hritish Suhjucits who aru detained us Prisoiiors of "War in the United States, speeifyinij^ their names, (piality, time of eai)ture, in what Ship captured, the plaee of their detention and whether on parole or not respec- tively, as also lists of all such, as shall have been released sineo the c(mimeneement of the War. For your information and j^niidanee we herewith transmit to you Copies of the several instructions and rejrulations n^la- tive to the treatment of Americnm Prisoners of War in Ili'alth in this Countiy, and of the allowance nuuhi to them, whether in confinenumt or on Parole, and with respe(!t to sick Prison- ers it is only necessary to inform you, that they are treated in all respects the same, as Seamen of His Majestys Navy. There is no part of the Treatment of American Prisoners here, that we are not desirous to bo open to every proper inspection, and the most humane and genei'ous means are established for af- fording tliem every reasonable comfort that their State of Captivity will admit of. We therefore flatter ourselves that upon your application, the American Government will issue such orders, as may bo necessary for your having commu- nication with all the British Prisoners either personally, or through the medium of such Sub-Agents, as j'ou may find it necessary to appoint, and gcjnerally give you every assistance in the execution of the Service entrusted to yonr case. You are to report to us as soon as ^)ossiblc, the exact (pian- tities and nature of the allowances, whether in provisions, or money, which the British Prisoners may be entitled to from the American Government, and you are always t(» be i)arti(ni- larly attentive that those allowances be fully distributed. — Y >u will also take care to inform yourself, whether there are any British Prisoners entitled from their Rank and Qualities to the indulgence of Parole, who do not enjoy it ; and in the event of any case of this kind or iini)ro})er treatment of any other nature coming to your knowledge, you are to make a becoming remonstrance to the proper department of the Amer- ican Government on the Subject. 21 '• ■,'K 322 CORRESPONDENCE OP THOMAS BARCLAY i You are to lose no time, in obtaining inforitnition, respect- ing the State of th(^ clothinijf of the Prisoners, and to report the same to us, in order that we may be (enabled to j;ivc you directions on the subject. In tlie mean time we autlioiize you to purchase on the best terms in your power, such articles as any of the Prisoners may be in al)solute want of. Besides the allowances which may be made to the Prisoners by the Amoiican (Jovernment, we auth' '^ze you to cause to bo paid to them the several allowances S|)e(ntied in the enclosed paper according to their respective qualities, on account of this department, aking- (!arc that such payments be made ac- cording to the par of exchange. If British Prisoners carried into the Ports of the United States by French cruizers be delivered up to your Sub Agents, and no objection to their release be made on the part of the American Government, you are to cause all Prisoners of that description to be subsisted at the charge of this department from the time of their being so delivei'ed up, and we author- ize you to pay to such Prisoners tlu! daily allowances specified in the above numtioued Paper according to their respective Ranks. With respect to the Hire of Vessels for the; removal of Pris- oners of War from the United States, you aiv to consult the Admiral if there be time ; and also to ai)[)ly to the Boards Agi^nts at Halifax and Bennuda in case they should have any Vessels at their disposal, transmitting Lists &c &c to those Agents of the Prisoners embarked ; and it is expected you will pay every attention in your [)ower to the most strict Economy in this, as well as every other matter respecting which it is imt)ossi])le to give you any definite instructions. We think it proper how- ever to observe to you, that all Vessels ought to l)e hired at a certain rate per man or per Ton for the Voyage or Run ; and not for time, and that no Prisoners be sent to Europe without the order of the Commander in Chief or Flag officer, but be conveyed to Halifax, Bermuda, and the West India Islands, including tlie Bahamas. The proportion of the Prisoners to the T(,ii'nige of a cartel Vessel, nnist depend upon the length of the Voyage, and the particular construction of the Vessel, AC+ENT FOR BRITTSTI PRISONERS 323 ect- [)()Vt you DS as :)ners to l)e •loscd lilt ot It', ac- Juited .o'CUtS, of the )f that rtinent autlior- peeilied jpective of Pris- siilt tlio Ati;outs Vessels o-eiits ot ay every 1 tins, as )SsiV)le to Iper how- ired at a un; and > without r, but he Islands, souers to le length e Vessel, but between this Country and Franco, it is usual to embark not less than three men for every two Tons. The daily ra- tion which you are to order for Britisli Prisoners while on their voyage from tlie United States is to be, one pound of Bread, one pound of Beef (or two-thi"ds of a pound of Pork) and one quarter of a pint of Rum for all Prisoners without distinction, arid no more. — The Passports to be given to such Vessels must of course be from the American Government, and all Vessels conveying American Prisoners from hence will be furnished with Passports from us in the annexed form, nevertheless each Vessel having British Prisoners on Board, should be furnished with a certificate from you, or one of your Sub Agents, stating the Service on which she is employed, and in order to prevent misconceptions it will be proper for you to communicate with the American (rovernment on the sul)ject of such Instructions. Vessels hired for the convey- ance of Prisonei-s must always be supplied with a proper (juantity of Wnter at the expense of the owner, and it will be adviseable to agree with the owners of such Vessels at a cer- tain rate per day for the Prisoners victualling. Your sub Agents will be allowed after the rate of five Shil- lings per day for every day on which any British Prisoners are under their care. We emdose for your further information a copy of a letter from th(^ Lords ( commissioners of the Admiralty by which you will perceive that no British released Seamen, not belonging to His Majestys Navy are to be impressed until 48 Hours shall have expired after tln.'ir arrival at a British Port, which you are to cause to be made known to all British Seamen Avho jnay embark on board Cartels. The printed copies of instructions to Agents for Prisoners of War are sent to you for your information respecting the manner in which I*risoners of War are treated by us, but you must be well aware that no specific Instructions to Agents of Britisli I'risoners in Enemies Countries can be prepared in a similar manner, because the nature and details of Instruc- tions in such cases must depend entirely upon the way in which such Prisoiuu's are treated by the Government of the Ml i i I- 324 CORRESPONDENCE OF THOMAS BARCLAY Hl^l) ■ill Country in which they are detained. For this reason when any particuhir point occurs to you upon which you may wish to have our directions, it is projxT that you should communi- cate it to us from time to time with as little delay as possible, and in the mean time to procure and follow the directions of the Admiral or Fla^ officer, with whom you are also generally to communicate respecting the duties which you are entrusted to perform under this department. We enclose for your information a copy of an order from the Right Honorable tlie Lords Commissioners of the Ad- miralty relative to a proposed Cartel for ^he exchange of Pris- oners of War between this Country and the United States of America, together with a project for such Cartel whic) Ave have also transmitted to Admiral The Right HonorabL Sir Jolin Borlase Warren and recpiested that he would through you, or any other Channel make the necessary communication on the Subject to the American Government. You are to transmit to us quarterly accounts of your ex- penses and to di'aw upon us from time to time for such Sums as you may require for carrying on the service entrusted to you — For yt)ur further information we annex a list of our several Agents in the West Indies and America We are Sir your most humble Servants J. BOWEN Jno. Harness j. boothby FROM THE TRANSPORT BOARD. {^Secret.) Transport Office, — 5th January, 1813. Sir, In pursuance of Instructions from the Right Honorable the Lords Commissioners of the Admiralty, we direct you to i iv |1813. iorable lyou to AGENT FOB BRITISH PRISONERS 325 proceed to Portsmouth, so as to be there before the 7th in- stant, waiting on Admiral Sir Richard Bickerton immediately on your Arrival, who has Orders to pi'ovide you with a Pas- sage to your Destination ; and you are, for very particular Reasons, to avoid, if possible, making either your Name, or Destination, known to any other Person than the Admiral. We are, &c. J. Bo WEN Jno. Harness W. BOOTHBY. TO THE TRANSPORT BOARD. Sirs. Washington City 15'" April 1813. I have the honor to infc^rm you that I arrived at New York on the first of this month from Bermuda, aiul at this place on the 5"' Instant, I immediately waited on the Secretary of State and delivered to him my warrant and Instructions from you to be laid before the President of the United States, in order to my being accredited as His Majesty's Agent for the relief of British Prisoners of War and for carrying on under your directions a general exchange of Prisoners. The President has been pleased to receive me in that character, and has since appointed (leneral John Mason of George Town in Columbia Commissary General of Prison- ers of War throughout the United States of Amei'ica; with whom I am directed to confer on all points relating to my mission. General Mason and myself have had three conferences and have made some progress in the aiTangement of a system for the future subsistence and clothing of Prisoners, and their accommodations. Preparations have also commenced on the part of this government to draw together tlie British Prisoners now in these States, in order to their being sent as speedily as possible to Bermuda and the West Indies, and 21* ; ! ' 'if 11 320 CORRESPONDENCE OF THOMAS BARCLAY I \kh' '! I ! tho cartels which convey them are to l)ring back a corre- spoii(]iii<,' number of Americans. The President not having ratified the provisional agreement for the exchange of Prisoners made at Halifax in Nova Scotia on the 28th of November last ; some small alterations have been proposed by him, which in my opinion are not of moment to oppose, and which I shall, with an amendment on the part of his Majesty conditionally agree to, subject to your and Sir John l^orlase Warren's ratification. These when prepared shall be forwarded. I have reason to believe, from the assurances of the Secre- tary of State, and General Mason, that this (lovernment is desirous that every facility shall be given to the exchange of Prisonei's of War, and to their comfort while Prisoners. I enclose for your information a copy of a letter addressed to (leneral Mason on the subject of British Prisoners being enticed to entcn* into the service of the United States, to which I have not yet received an answer. I have however his and the Secretary of States verbal assurances, that if any such irregularities have occurred at the commencement of the War they were without the knowledge of the Government and that they shall not hereafter be permitted. Sir John B. Warren having coincided in opinion with me that New York, being a central position, was best adapted for my residence, I have obtained the President's leave to reside theri! for the present. I learn with regret that a difference in opinion exists be- tween Lieut. General Sir George Prevost, Governor General and commanding His Majesty's Forces in the Canadas, and this Government on the Sul)ject of Exchanges made last Au- tumn. A case on the part of these States is now preparing for me, which I shall transmit to Sir George Prevost, and re- (juest his answer. Of both these I shall avail myself of the earliest conveyance to forward you copies, with my remarks thereon, to enable you to more readily to give me your orders on the Subject. All letters coming to or going from this country are opened and read by persons appointed for that purpose, and when if ill i |ik1 ve- of the [marks I orders )pened wlien AGENT FOR BRITISH PRISONERS 327 considered of importance trausmitted to the Secretary of State at this place. TO SIR JOHN BORLASE WARREN. {Private and confidential.) Washinfrtou U"" April 1813. Dear Sir. I took occasion to observe to Mr. Monroe my surprise that tliis Government had not acceded to the proposal of Hear Ad- miral Cockburn, to receive from him American Prisoners and return British by the same conveyances. In reply Mi* .'•^■)nroe did not acknowledge the fact, but made this remariv, .iiat if anything impleasantor apparently unreasoT\.ble had occurred, it was wholly to be attributed to the conduct of Mr. Baker who had been left here, as pro tempore Agent for Prisoners of War by Mr. Foster. That he had given great offense, and woidd have been indicted, had not the President interfered, who was averse to such strong measures against a (Icntlenum, who had lately held the appointment of Secretary of Legation, that in consequence of Mr. Baker's conduct he had for some time past refused all communication with him. I discovered a principle cause of complaint against him was his having after his Func- tions as Secretary of Legation ceased, and while he acted merely as Agent for Prisoners of War, delivered a number of Licenses (to protect Cargoes) left with him by Mr. Foster. Mr. Monroe expressed his satisfaction on my arrival, and added that I should find every disposition on the part of this (jrovernment to carry on exchanges on principles of reciprocity and liberality. In the amendments to the provisional agree- ment for the exchange of Prisoners, it will be proposed that Ber- muda is made a depot ; or possibly that it should be substi- tuted in the place of Bridge Town Barbadoes. To the former, I think you will have no objection. I notice in the American papers that the Masters and Crews of several vessels captured by the Brig Atalanta have been sent into these States and, from the manner in which it is stated apprehend proper re- r i M' 328 CORRESPONDENCE OF THOMAS BARCLAY c(!ipts liave not boon obtained. It is therefore advisable until I make the necessary arrangements, not to send them on shore in this irregular manner. I will thank you to direct your Sec- retary to order Lieut. Miller of Halifax to forward to me cor- rect returns of all American Prisoners sent from Halifax, and copies of the receipts taken when delivered — also returns of all British Prisoners received from these states in exchange. I have reason to believe this Governtnent intend to put a stop to the present connnunications by Packets, and I informed Ml*. Monroe, that I suspected that mode of communication was far from agreeable to you. TO SIR THOMAS HARDY.' ¥:\ , i ! Sir. Washington 21 April 1813. Your letter of the 11th of this month dated off Block Island, I received last evening. I arrived here from Bermuda on the nth Instant and was much surprised to learn from Mr. Monroe the American Secretary of State that the provisional agree- ment executed in November last at Halifax, had not been rati- fied by the President of the United States, or measures taken by this Government, with Mr. Baker, to amend the agreement and to send it to Admiral Sir John Warren for his approval. On expressing my surprise Mr. Monroe informed me, the delay had been occasioned by the improper C'onduct of Mr. Baker, and with whom he had declined having further communica- tions. I did not think proper to enter on the merits of the dispute. This Government received me with politeness and have as- sured me of every disposition on their part to facilitate a gen- eral exchange, and to continue exchanges on liberal and hu- mane principles. General John Mason has been appointed Commissary General of Prisoners of War, and I am directed 1 Nelson's Captain Hardy, the eommandei' of llio Victory at Trafalgar, and who was now in command of the squadron blockading Now London. ■u AGENT FOR BRITISH PRISONERS 329 to confer with him on all matters relating to my mission to these States. One of our first objects has been to amend the provisional Agreement, so as to meet the convenience of the President, and of the Admiral and final ratification on the part of His Majesty. It includes Land Forces. This day it is to be laid before the President. Until he ratifies it, I cannot give you any directions on the siibject of receipts for Prisoners whom you may laud in the United States. In the meantime I beg leave to recommend your continuing the mode you have al- ready used, and obtain receipts from tlie Chief Justice or some other Magistrate of Respectability. I doubt however the pro- priety of making use of this mode in the event of your captur- ing any American Ship or Vessel of War ; in such a case a more fornuil exchange and delivery would be necessary. In addition to my communicating with the Admiral, I shall take the earliest means to transmit to you the Agreement as amended. ' 'ill if TO SIR JOHN BORLASE WARREN. ive as- a geu- Ind hu- )ointed lirected ,aud Sir. QeoYge Town 26th April 1813. In my despatch of the 14th current I stated to you that the provisional Agreement for the exchange of Prisoners entered into at Halifax by Mr. Uiiiacke and Lieut. Miller on the part of his Majesty and Mr. Michell on the part of the United States of America in November last had not met the approba- tion of the President, and that he had directed General John Mason the American Commissary General of Prisoners to con- fer with me on the subject of amending the provisional agree- ment so as to meet the wishes of both parties. General Mason and myself have therefore altered several of the Articles and added two to the original number. They have been laid before the President who is readv to ratifv them on the part of the United States in order that they may II aao CORRESPONDENCE OF THOMAS BARCLAY be sent to England for tlie necessary ratification on the part of His Majesty. I informed this (Tovernniont, that it was my duty prior to ratification to submit the agreement as amended to your consideration. I now enclose it and hope it will meet your approbation : but should this not be the case, I will thank you to be distinct and full on the Subject to which you may dissent, or require an amendment, so that I may fully compre- hend your wishes. As tliis agreement comprehends Prisoners taken on Land and Sea and extends to all His Majesty's Dominions, your sig- nature of approval to it becomes unnecessary, perhaps im- proper because in that case it must also be sent not only to Lt. General Sir Ueorge Prevost at Quebec, but to all other Com- manders in Chief. I therefore submit it to you for your ap- proval, and when amended agreeably to what may comport with your Ideas, the instrument will be signed by General Mason and myself and ratified by the President, after which I will transmit it to the (Commissioners for Transport and Pris- oners of War to be by them laid before His Royal Highness The Prince Regent for his Royal Pleasure thereon. TO THE TRANSPORT BOARD. Hiirlaem near New York 20"' May 1813. Sirs, Referring you to my letter of the 15th of April of which a duplicate is enclosed I have the Honor to enclose to you the Agreement entered into between John Mason Esqr. Commis- sary General of Prisoners on the part of the United States and myself as His Majesty's Agent for Prisoners of War. I forward it for your consideration and to be laid before the Lords of the Admiralty and the other proper departments of State. As this Agreement is of a nature not of sufficient magnitude AGENT FOR BRITISH PRISONERS 331 [bicli a lou the )innus- States 'av. 1 )re the leuts of rnitude to require the ratification of His Koyal Hifjhuess tlie Prince Repfont it was proi)0.s(Hl by tiic President of tlie United States that it should b(^ ratified upon the i)art of the United States by tlie American Secretary ot State and on tlie part of Ilis Ma- jesty by the Lords of tlie Admiralty. A copy of this aji:ree- uKMit with the ratification by Mr. Munroe the American Sec- retary of State will be forwarded by him to their Lordships, and if no objection lays to the aji^reement their Lordships will be pleased to transmit a copy ratified l)y them to this (iovern- meni. It may however be prudent to delay th(! ratification until Sir George Prevost communit^ates to his Secretary of State his opinion, to wliom I send a copy, and I have sub- mitted it to Admiral Sir John Warren who approves thereof. I am sending the British Prisoners from hence as fast as the cartels arrive; and the instant I am in possession of all the Lists and receipts of American Prisoners delivered or sent to America, I shall proceed to a general exchange. On my arrival here on the first of Ajjril, I was informed that a uumb(.'r of respectable British Subjects, principally mer- chants, whose affairs at the declaration of war by these states compelled them to remain here, and who continued in America after the six months leave given them by these States for their dei)arture, had been ordered by this Government to rtunove from the Sea Port Towns, their former residences and reside on parole fortj'^ miles from Tide Water in the interior of the Country. Many of them were desirous to return to His Ma- jesty's Dominions and all the others to their former abodes. With respect to the latter I did not conceive myself entitled during the War to interfere, but with regard to tlu? former, I api>lied to the American Commissary General of Prisoners, and re(pured their delivery to me as Non-C-ombatants and for two Flags of Truce to carry them from these States. During the correspondence on this subject on an application l)y the American Commissary to the President for instructions, he di- rected him to cease any further communications with me on this subject and to inform me, he was of opinion my appoint- ment did not extend to this description of Persons : but that if I had anything to communicate on the subject, I must ad- m n 1 I 1 ! t n 332 CORItKHPONDENiJK OP THOMAS BARCLAY dross inysolf to the Secretary of State, who wouhl return me ail answer. I tht^efcn'o wrote him a hitter whereof tlie en- closed doeument is a copy : to which I received his answer a copy whereof is also enclosed. You will perceive the Secretary of States refuses to considi^r them Prisoners of War, and that he hints at detaining them as fit Suhjects to be hereafter used for retaliatory measures, should this (Jovernment think proper to resort to them ; and that he denies my authority to interfere. On reverting to your warrant of my appointment, I think you will agree with mo, that words cannot be more appropriate to express my su- perintendance and care of these (TontloiiKui : but you will no- tice that in my letter to the Secretary of State, I do not press this point, but take a stronger and more extensive ground, to wit that every man deprived of his Liberty was a Prisoner. — My right to act in this instance being denied by this Grovern- mont, I have returned Mr. Monroe, a general answer, inform- ing him I had submitted the correspondence to my Tovernment for their consideration and directions, I shall therefore wait your orders. It remains with Ilis Majesty's (xovernment Avhother they will not treat the Citizens of the United States and in the united Kingdoms in a similar manner, and hold them Prisoners, to respond the treatment the British Subjects now here may receive from the United States. The President has thought i)roper for the present not to al- low mo to come within less than two miles of the Citj- of New York, it being considered a military Post. I am not otherwise restricted. This limitation will not be attended with incon- venience. I have made an exchange of the officers and men of the American Sloop Viper for the officers and men of His Majes- ty's late Sloop Peacock, and a few officers and men of other British Ships to make the exchange equal, but as the Peacock's men are not yet embarked, and causualties may occur, I do not send you the exchange by the present conveyance, as alterations may be necessary, which is provided for in the Receipts. ~ in! AGENT FOR BRITISH IMUSONERS 33;i TO THE TRANSPORT ROARD. Ir, I do lice, as liu the liurloni, New York, oth Juno 1S1,'{. Sirs. I have the Honor to info n you that I received from this (Tovcrnmcnit repented assurances that it will do all in its])0wer, to prevent British Prisoners of War being received into the American Naval or Land Service. These declarations I have reasons to believi^ are sinceiv. I lament however to add, that the measures hitherto adopted have ])roved ineffectual ; and that His Majesty's Subjects, Prisoners, have since my arrival in these states, been taken into the American service: and Ihat in the case of some men of His Majesty's late Sloop Pea- cock, T applied to C Sir John Wnn-oii a(H!<>r(liu(»: to promise (hdivurod 29(1 Airuu'i- (^an Prisoners at Aniuipolis and received the usual receipts wliicdi lie transmitted to me. I was apprehensive that notwithstaiidiuf^ General Mason in- tended to <'xe(!ute th(! Uf^reement with j^ood faith, still that from want of enerj,'y in the (rovernment, and from nuiny other •uiuses, the whole of the British Prisoners would not be s«!nt by the American Cartel on board His Majesty's Ships of War in Lynnhaven Hay. As Sir John Borlase Warren was at that time sonu' hundred jniles from thence, I (ujnsidered it my duty to inform the officer commanding II. M. Ships in Lyniduivtm Bay to whom the liritish Prisoners were to be delivered, of the round number he was to receive and added, that I sub- mitted to his better Judgement, whether in the event of a defalcation in the number delivered, it wonld not be prudent to d(!tain the (Cartel. It appears that little mort^ than •'/•'' <»f the British Prisoners were deliv(a'(Hl, and no reasons assigned for not delivering the remainder, the Cartel has in conseiiuence been detained. Until I can induce this (lovernnient to compel mon^ atten- tion to its orders and business gets into a regular Train, I beg leave to recommend, that Amei'ican Prisoners may not ])e sent to these States until exchanged. There are otluu* strong rea- sons for adopting this rule. I wish you would write to the several agents abroad to this effect, and dire(!t them not to send Prisoners, unless ordered by your Board, or by Admiral Sii' John Warren, or requested by myself. I have not been able to obtain an answer to my letter of the 12th of April addressed to the American Commiss.ary of Pris- oners on the various points contained in your instructions to me, and on which T can only procure the necessary information from him. I have repeatedly reminded him and requested his answer not only to that, but to most of my other Letters to him. General Mason holds several other public ai)pointnu'nts, which probably occasions these delays. In the agreement which accompanies this you will observe the allowance of food or money per day to each Prisoner. The British Prisoners have been liberally fed hitherto by the United States, and the AOKNT POU mtlTISlI I'UISONEUH 386 Imnmno iroiiijnent of the Marslmlls in oacli Statu towards tlicin is universally acknowletlf>^o(l. I »t' the 'vis- its to ition (1 his rs to ents, meat food ners (1 the TO THE TllANSPOIlT BOAllD. New York 22na. It is for you Sirs to determine whether it is necessary to re- strict in a similar manner the American Agents in England and other parts of His Majesty's Dominions. Distrust and jealousy mark the conduct of the members of the present American Administration. This is not without some reason. It is well known that from Pennsylvania North all the Gentle- men of respectability and prt perty are opposed to them and to their measures, and that in every State, South of the Delaware there are many characters of eqnal property and respectability who entertain the same sentiments. They are therefore un- willing that His Majesty's Subjects, myself and the sub-agents, in particular, should have an opportnnity of communicating with Gentlemen so essentially differing in Sentiment with IP ' t 336 CORRESPONDENCE OF THOMAS BARCLAY tl:em. In addition to which they are apprehensive a more liberal indulgence to British Agents would give offence to their Friends and Supporters. •'ii' 3 n TO LORD CASTLEREAGH.l (Private.) New York, Sept. 30, 1813. My Lord, The continued success of the American Ships of War in ac- tions with those of His Majesty, added to the inequality in the numbers killed and wounded on board the American if we compare with them the numbers lost on board the British sliips, and the generally trivial injury to the bodies and rigging of the former, contrasted with the damage received by the lat- ter, are events respecting which your Lordship will natu- rally be desiroiTs of a solution. A residence of 14 years in the United States has afforded me an opportunity for information and I hope your Lordship will not consider it impertinent to offer 3'ou my sentiments on so important a subject. I shall divide it under three heads. The ships, officers and men, and disciiiUne. The American ships of War are not only much larger than those of His Majesty of the same class, but the materials contain more cubic feet and inches, hence they are less liable to injury from shot, and impenetrable to grape : When therefore ships of the same (dass come in contact, the American has the advantage. In sailing if there is a difference, it is in favour of the Amer- ican ships. They are brave and aspiring, able seamen, and mananivre a few ships admirably. With respect to the War- rant and Petty officers and men on board the ships of the re- spective nations, the superiority is greatly in favour of the United States. In the American Navy at least one half are British Seamen. The remainder are subjects of Sweden, Denmark, Prussia, &c., 1 This letter was sent in cipher. <■ I AGENT FOR BRITISH PRISONERS 337 more ce to 1813. L' in ac- y in the I if we British rigging the lat- [1 natvi- ■s in the rmation inent to cers and not only ass, bnt nee they o grape : tact, the 10 Anier- neu, and he War- 3f the re- ar of the Seamen, i^sia, &c., &c., and a few Americans. From the great inflnx of seamen, the commanders of American Ships of War have had it in theii* power to select young well-made prime h=eamen. Those who are subjects of His Majesty fight with desperation, most of them being deserters. Thus manned the American officer has an evident superiority over the British Commander, whose crew are the reverse of select, and by far the greater propor- tion not able seamen. It is a lamentable truth that our sea- men arc tired and dissatisfied with their success, "nd long confinement on board ship in consequence of 20 y. ^ " war, and I fear capture by the Americans is not disagreeable to many of them, I forbear touching on the present discipline of H. M. Navy. That it is not what it was, I appeal to every officer of experi- ence. The mutiny in the Fleet and other causes may have rendered some relaxation necessary ; whether it has not been carried too far merits enquiry. The discipline which formerly prevailed in our Navy is now practised in the American service on British seamen with good effect. The seamen in the American service are practised for hours at the great guns, small arms, & in sham boarding, and as the complement of men is ^ more than in our service, an additional number of men are appointed to serve as marines in the tops : also there are howitzers with men appointed to them. From these, with the musketry in the tops, and the quarter-deck well manned with marines, a destructive fire is kept up during an action. From the before remarks, your Lordship will perceive that in every particular officers ex- cepted, the American ship has the advantage over the British. It is an abuse of words to call the crews of the U. S. Ships American. They are British crews commanded by American officers. The complement of men on board our largest frigates does not exceed 350, while the American frigates carry 500 ; of these, 250 are superlatively able and strong British Seamen. I sincerely believe the 250 British on Board an American ship are an equal to 350 of the men who ordinarily compose our 22 h 338 CORUESPONDENCE OP THOMAS BARCLAY hhip's compauy. It follows that with the additiou of 250 men on board the Ainori(!au ship, many of whom are equal to the British, victory must attend the former. I have omitted to inform your Lordship that the guns on board the American ships are elevated or depressed by a scale on the screw and on the coign. When therefore the proper elevation is ascertained, in consequence of the shot from any particular gun having struck tlie enemy, an order is issued and all the other guns are graduated accordingly. What I have submitted to yr. Lp. is in perfect confidence. I beg my name may not be mentioned. FllOM GENERAL MASON. Sir. Office of Coiuniissary General of Prisoners W",shinj?ton Oct. Sth, 1813. It is intended to give answers in this letter to the letters accumulated from you during the late short absence, I made from the seat of Government, to which I have not already re- plied, and about which I find you are beginning to complain. I did not fail to remark your frequent complaints, on the same subject, last summer : I am not conscious that I have at any time permitted a communication of yours to remain unan- swered, more than a few days, an early reply to which, was a matter of any consequence to either Government ; it is very true that I often did delay answers to those of the very numer- ous letters, which you were constantly in the habit of addres- sing to me, that were considered of minor importance, from the necessity of making them occasionally yield to the more essential avocations, which the vtirious duties of this office dai^y produce; and such. Sir, must inevitably be the case, while it is attempted to conduct all the business of your Gov- ernment, in connection with this office, with which you are entrusted, at the distance, at which we are placed, through the medium of correspondence only. During the six months that you, and I have now been in official intercourse, you have al- fii , I AGENT FOR BRITISH PRISONERS 339 ready addressed me about one hundred and twentj'-five public letters, not unfrequently two, or three, on a day the subjects of many of which might have been settled, by a personal in- terview in a few monuuits; nor is this all; it has several times ha[)pened and it must often happen again, that while with every possible promptness in answering letters, it requires at least one week to communicate by mail a business of impor- tance to the two nations, demanding despatch, must stand, un- till a discussion takes place l)y letter, that will produce, pcr- haj)s, the interchange of several communications. It was ap- prehended, when your request, at the time of your reception- that your Residence should be taken near New York, was as, sented to, that inconvenience would be experienced from the remoteness, at which you would be located from the Seat of Government ; from a desire that you should be accommodated, in your personal arrangements, I made myself no objection to it; but now that experience has proved to me that it is impos- sible to conduct the Intercourse relative to Prisoners, with proper advantage to either Government (and more particu- larly as the war advances, aiul that intercourse will necessarily become more complex) at the distance, at which their agents are now placed from each other, I have considered it incum- bent on me to apprise you of my conviction on this point, and to recommend it to your serious consideration. I have &G J. Mason. : 1 FROM THE TRANSPORT BOARD. Transport Office, nth November 1813. Sir. In reference to our letter of the 18th of August last, in an- swer to yours of the 20th of May, relative to the Cartel Agree- ment entered into by yourself and General Mason, for the Exchange of Prisoners of War, we now transmit, for your In- formation and Giiidance, the Copies of an Order of the Right fill 340 CORRiilSPONDENCE OP THOMAS BARCLAY Honorable the Lords Commissioners of the Admiralty, dated the 30th of September and of its Inclosure from Colonel Buu- bury, signifying the Opinion of the Earl Bathurst, on the sev- eral Articles of the said Cartel Agreement, and desiring that the same might be ratified with the Alterations suggested by His Lordship, in consequence of our Observations thereon, a Copy of which you will also receive herewith and we direct you ^.o propose such alterations to the American Government. For your further Information, we enclose a Draft of a Cartel which you are to propose in lieu of the one transmitted by you, and we desire that in any discussion which may take place on the sevei-al Points therein, you will condiict yourself in conformity to the Suggestions contained in Colonel Bun- biu'y's letter ubovementioned. You will observe that, in the Draft above referred to no Mention has been made of the Ration, as no Alteration can be made in the Rations at present allowed to American Prisoners of W"ar either in this country or on Foreign Stations, of which a Statement was contained in our Letter of the 1st December 1812. With respect to the subsistence of Parole Prisoners, we ac- quaint you that the Allowance to American Prisoners in this Country has been augmented to Two Shillings Per Diem for Commissioned Officers, and One Shilling and Six Pence per Diem for all inferior Parole Prisoners, the Allowance to those on Foreign Stations to remain as at present. You will also observe, that in the Names of Places at which American Prisoners are to be stationed for Exchange, Liver- pool and Falmouth have been omitted, there being no means of accommodating Prisoners of War at those Places ; and we consider that the Insertion of them in the Cartel Agreement entered into by you arose from a misapprehension of our Let- ter of the 5tli January last, wherein we acquainted you that Liverpool and Falmouth were Ports appointed for the Recep- tion of American Cartels. We are &c Rup' George J. BOWEN Jno. Harness. AGENT FOR BRITISH PRISONERS FROM MR. MONKOE. 341 Sir, Department of State, Dec 28, 18i;}, For reasons which every day become more evident, the Pres- ident has determined that you should reside near the seat of government. You will be pleased, as soon after the reception of this let- ter as your convenience will permit, to take your residence at Bladensburg, in the vicinity of this city. A passport to travel thither is sent you. Such regulations will be made, as to your visits to the office of the Commissary General, or other places, required by your functions, as are observed towards our agents in the country of the enemy. I remain &c Jas. Monroe, TO MR. MONROE. Harlem, New York, 4'" Jan"; 1814. Sir, {Private.) I beg leave to inform you the order of the President com- municated to me in your official letter of the 28*" was not un- expected. General Mason having more than once mentioned to me that my residence at this distance from the seat of Gov' was inconvenient to him, as he was obliged to devote a greater part of his time to writing, than his other duties would permit, and that by my removal, +' "s inconvenience would be reme- died, as most of our communications would be verbal. If Gen' Mason's conclusions were correct, I would readily have concurred with his original proposal — the contrary is the fact, at least as it respects myself. I should hold myself guilty of extreme negligence in conducting the business of the 00* 22* 342 CORRESPONDENCE OP THOMAS BARCLAY office I liold by verbal oommunicatioiis liable to different eon- striictioiis, mistakes and want of memory. — Wherever I re- side, while I execute the Office I hold, I shall feel bound to make and receive all official propositions and suggestions in writing — Gen' Mason will therefore derive no additional con- venience from my residence at Bladensbnrg ; and he was in full possession of my sentiments, that in the event of my be- ing ordered to or near Washington, I should apply to his Majesty's Ministers for leave to resign my appointment. From my official letter to you Sir of this day you will observe that I have done this. In April, I hope my Successor will arrive. Altho' I do not consider myself entitled to re(piest your good Offices in my favor, still I trust you will have the goodness to state in the most respectful manner to the President, what I have stated to yoii and to aid my request with j^oiu- personal interest that I may be permitted to remain in my present sit- uation until a Successor arrives. FROM ME. MONROE. I .J. H' Department of State, February 2, 1814. Sir, In answer to your solicitation, under date of the 4th ultimo, for a postponement of your removal from the place of your present residence, respecting Avhich the President's determina- tion was communicated to you from this Department on the 28th of December last, I have to state to you, that Bladens- bnrg is a post town, affording an opportunity of daily com- numication with other parts of the United St'ites ; and that j'ou will be thereby enabled as promptl.y to fulfil the appro- priate duties of your agency for prisoners in that situation, as if you were to remain in the vicinity of the City of New York. The President has always been disposed to grant the most lib- eral indulgences that the conduct of individuals and the cir- cumstances of the war would justify ; but the British Govern- ment cannot reasonably expect for its agents in this country, a : I' AGENT FOR BRITISH PRISONERS 343 greater latitude of personal couvenienee than that which those of the United States enjoy in the dominions of (Ireat Britain. The rigor exercised towards the American Agents for prison- ers at Quebec and Halifax, in particular, requires a corre- sponding treatment of British Agents by this government. I am, therefore, constrained to renew to you the request con- tained in my letter of the 28th of December, and to refer you to the passport which accompanied it. I remain &c. Jas. Monroe. TO THE TRANSPORT BOARD. Harlem, la'" February 1814. Sirs, In December last I received a letter from Mr. Monroe, the American Secretary of State, acquainting me that the Presi- dent had determined for reasons which every day became more evident, that I should reside near the Seat of Govern- ment; and that as soon as my convenience would permit it was directed by the President that I should remove to a place called Bladensburg within iiine miles of the City of Washing- ton. In my answer, I informed Mr. Monroe I should obey the order of the President, but that my removal to Bladensburgh would place it wholly out of my power to do my duty to the British Prisoners of War, and that under this conviction, I should write to you Gentlemen and request you to accept of my resignation, and to send out a person to succeed me in Of- fice and I submitted for the consideration of the President, whether under the circumstance of my having requested you to send out a Gentleman to succeed me in office, he might not leave me in my present situation, where I could execute the duties of my office for a period not exceeding five months, within which period, my successor would arrive.^ 1 The letter to Monroe which is Transport Board on January 5, bri'^f- here abstracted is the official letter ly, on the subject, o^* Tauuary 4. Barclay wrote to the 344 CORRESPONDENCE OP THOMAS BARCLAY i' On the 3"' of this month I received Mr. Monroe's reply in which the original order of the President for my removal was repeated, and he informed me that the restrictions im- posed on Mr. Mitchell the American Agent for Prisoners at Halifax Nova Scotia, ana Col. Gardner the American Agent at v^uobec, were in the number of reasons which had induced the President to order my removal. I request you will be pleased to appoint an Agent to suc- ceed me in the Office I hold under you, and that he may be sent to America with all convenient dispatch. I cannot think of holding an Office when I am placed in a situation which will prevent my performing the duties assigned me. Should the negotiations to be carried on at Gottenburg be- tween Great Britain and the United States promise a peace, I have no objection to continue in Office until the result is known ; but should they be broken off and the war continued, I entreat you will be pleased to supersede me.^ FROM THE TRANSPORT BOARD. Transport Office 9'" June 1814. Sir. We have received your letters of the 13*'' and 18"' of Febru- ary last, and having communicated the same to the Lords Commissioners of the Admiralty we have received their Lord- ships directions to appoint Mr. Gilbert Robertson to succeed you as Agent for Prisoners of "War in the United States of America — you will accordingly deliver up to Mr. Gilbert Robertson on his arrival, all the Public Papers in your pos- session belonging to this Department, and transmit your final Accounts to this Office, with as little delay as possible. We are &c RuPT, W. George J. Douglass A. Boyle. 1 These were the negotiations proposed to be undertaken under the mediation of Russia. AGENT FOR BRITISH PRISONERS 345 FROM GENERAL MASON. Sir. Office of Commissary General of Priscmers. Washington August 19, 1814. At the time it was determined that your residence should bo nearer the Seat of Government than that at Harlem in the State of New York, for the purpose of giving facility and ex- pedition to the Communications in which you are engaged with the Government, Bladensburg was named because of its immediate vicinity. In the present state of the war, considerations present them- selves diich will readily occur to you, to make that place or any < icr in the neighborhood of our waters occiipied or which may probably be occupied by the hostile forces, no longer a proper residence for an Agent of the Enemy. Troops have already arrived, and a camp as you will have observed, is formirig at Bladensburg. Under these circumstances, I am instructed by the Secretary of State to inform you it has been determined that you take your residence at a place in the interior more remote from the waters; that Hagerstown in Maryland has been fixed on for that purpose; and that in consequence of the menacing move- ments of the enemy, you are requested to remove with the least possible delay from Bladensburg to that place, for which end I have the honor to enclose a Passport. I have »&c J. Mason. pos- final TO GENERAL MASON. Hagers Town Washington County Maryland Sept' 2nd 1S14. Sir. Mr. Barton on his arrival here the day before yesterday, laid before me your Letter of the 28tli of last month in which you express your astonishment that he still remained in Bla- 34G COURESPONDENCE OP THOMAS BARCLAY '!)ll'i * I 1^ ) » deiisbur}^, and iicquaiutod him tliat you were instructed to re- quire liini to leave that phu;e for Ilagers Town within two hours after the receipt of your Letter. On Monday the 22nd of Au|^ust I had the Honor to receive your Letter of the IDth of that month containing an order for my immediate I'emoval from Bhidensburg to this phu!e, in am- se(iuence of vvliich 1 sent Mr. Barton on the 22nd of August to acquaint you, and to recpiest you woukl supply me with car- riages for the removal of myself and office papers; at the same time I did all in my power to procure « mviyance for my office papers and baggage and a carriage for Mr. Barton and myself, my imiuiries were continued Tuesday and Wed- nesday morning, but without effect. At 10 o'clock on Wednes- day the 24 inst. a small Coachee was sent by Mr. Gantt of your office with directions for my immediately leaving Bla- densburg. The vehicle was too small to take even a part of my office papers, in order therefore to comply as far as lay in my power with the directions of your Governnunit, I stepped into the Coachee with a small trunk and left Bladensburg at 11 o'clock for this place, leaving Mr. Barton in charge of the papers and baggage, with directions to follow me as soon as possible. You must be sensible, Sir, of the importance of the papers belonging to my office, and I cannot entertain an Idea, that it was the intention of this Government or yourself, that they should have been left at Bladensburg without either Mr. Barton or myself to protect them. Such however has been the case from your positive injunction to Mr. Barton. It could not, or ought not, to have escaped the notice of this Govern- ment and yotirself that at the time I was ordered to leave Bla- densburg to the day Mr. Barton was compelled to remove from thence, every Waggon, cart and other carriage were either impressed into the military service of the United States or hired by Individuals removing from Washington and George Town, consequently compelling Mr. Barton and my- self to leave Bladensburg, was reducing us to the necessity of abandoning the public documents belonging to my office ; un- der these circumstances, permit me to say, it became your duty to have provided a mode for conveying the office papers, ¥) IM: AGENT FOR nRITISII TRISONERS 347 wlu'ii luysi'lf, and Mr. Barton afterwards were compelled to leave Bladensburj;. I feel it luy duty to add that I protest afj^ainst my having been obliged to remove without my papers, and in still stronger Terms, that Mr. Barton, who I had left in charge of them, was forc^ed to leave them, unprotected, in compliance with your mandatory injunction of the 28 ulto. I regrcit that Mr. Barton obeyed your ordt^r, at the ristpie of the loss of the papers ; and woidd rather at this moment he was placed in confinement for disobedience of orders, than to have desert(!d his charge, to obey those orders. During the late long war on the Continent of Europe, or in any preceding Wars, I susjjcct no instance occurred where a j)ublic civil olli- cer of one of the Nations at war, recognized as such by the other nation and residing within its jurisdiction, was com- pelled to remove from one place to another, without his official papers, or being permitted to leave his Secretary or (/lerk to take charge of them. Should an accident occur to the papers, His Majesty will have just cause of complaint against this Government. If the office papers do not arrive in a day or two, I shall feel it my duty at all hazard to send Mr. Barton with a Wag- gon or cart from hence for them, as it would be imprudent to entrust them to a Servant or common carrier. FROM GENERAL MASON. Oiflce of Commissary General of Prisoners. Washington Augfust 31st 1814. Sir, I am in possessioti, by the honourable conduct of a Gentle- man whose character you have greatly mistaken, of a letter addressed by you on the 21st instant to Admiral Sir Alexander Cochrane, and which you attempted to convey under seal (s(!- creted in the foot of a stocking) contrary to an arrangement made with you on principles of reciprocity, and against the in- junctions of this Government, as admitted by you in your note of the same date, to the Gentleman you expected to have made the bearer of that letter. ■ r H ! 'l I ! • •MH COllRKHI'ONDENCE OP THOMAS MARCLAY ThoHo hdve ])ooii submitted to the Scicrotary of Stiito, aH luivo b(icu the facts, that althouj^h notified from this Oflico of his iTiiuisition that you slioidd leavo Bhideiislxir^, so that your n.'tirinf^ wouhl have taken i)hiee at h^ast thr(!(! (hiys before the approaeli of th(! Kneniy, you did not hsave it by as nuiny liours before a battle was fought on the spot ; and tluit your Seeve- tary remained not only in a situation to eommuni(!at(! person- ally witii the OtTi('(^rs of the Army of the Enemy, but continued there several days after, and until a peremi)tory order ad- dressed to himself, was sent for his removal. I am instructed to state to you that this course of conduct, so incompatilde with your obvious duty, aiul more especially with the confidence bclonj^inj^ to your station makes it neces- sary to declare that all correspondence with you on the part of the Crovernment is to cease; and that as an alien enemy you are required to remain for th(! present at Ilagerstown. I have &c J. Mason. TO GENERAL MASON. Hagors Town, Maryland 5tb Septr. 1814. Sir. Your letter of the 31st of August, informing me you was in- structed to state that all correspondence with me was to cease on the part of this Government, I have had the Honor to receive. It appears that three exceptions to my conduct are sug- gested as the cause of the above mentioned determination. With respect to the first, the intercepted Note from me to Vice Admiral Sir Alexauder Cochrane, found on the person of Mr. Edward Calvert, I have only to remark that the purport of the letter was perfectly innocent, and related only to the release of his overseer and a domestic made Prisoners by a detachment of His Majesty's Naval Forces in the Patuxent. It is true I did reconnnend Mr. Calvert to conceal the Letter, not from an unwillingness that it should be examined, but to prevent delay in his application, and from an apprehension the Prisoners AGENT FOR RRITISII PRISONERS .•}49 would in a day or two ho wMit to TFalifax. It is with surprise I now learn, tliis act of mine, wliieli was intcuided toaeconiiuo- dttte a (Mtizen of these States, is considered (exceptionable by your (loveriinient. Witli regard to the tw'> otlier exceptions, I beg' leave to re- fer you to my Letter of t ; 2d Instant, which I trust contains a full 'inswer; in which I consider myself, with just cause, the person aj^^rieved. In conseciuence of the determination of this Government, I now enclose a Letter to Mr. Monroe the Secretary of State, re- (piestinf? him to furnish me with usual Passports for myself, Clerk, and Family, lie pleased to deliver it, and obtain an answer as early as convenient. FROM GENERA!. MASON. Sir Office of Commissary General of Prisoners. Washington Sept' IG 1814. I have received your letters of the 2'', 5"' and 12"' of Septem- ber, The letter for the Secretary of State covered by yours of the t)"' Sept'', has been sent to him, accompanied by such a state- ment from this office, as the case required. I am instructed by the Secretary of State to inform you, that a Cartel Ship owned by Mr. Astor of New York, is now adver- tised by the permission of the Government, to go to Europe ; that she will land passengers in the British Channel ; that she will sail from New York in fifteen days from this time, and that if you think proper to avail yourself of this opportunity to return to England, passports will be sent you for yourself and family to embark from Amboy in Jersey, and to go on board Ship in the outer harbour of New York, and an Officer will be sent to accompany you from Hagerstown to Amboy ; that on account of the military works now prosecuting at Harlem, permission cannot be granted you to go to that place, nor can any excursions from Hagerstown be permitted, previ- ous to your departure from that place for embarkation ; that Mr. Barton, your Secretary, will be permitted to remain there 'I '11 if iMi :ti '■H ' ici nn ' 1 HI 1 tiill 1 Kn » ^ K tt'l' r Mf 1 ^M Wff h' A \ W fcsf, ' 1 m 1 m Ml 350 CORRESPONDENCE OF THOMAS BARCTiAY i tlie present, in chiirg'o of your papers, and may correspond, throiif*'!! this ()tti(;e, with your Sub-ag(Mits, and when lie sliall reqnire it, if no reasons, personal to him, in the mean time occur af.':ainst it, he will have a passport, and permission to I'eturn to Enj^land. I have etc. J. Mason. FROM GENERAL MASON. Sir Office of Commissary Genoral of Prisoners. wiisliiiiKton Sept' 23"' 1814. This letter will be handed you l)y Col:' (rardner, the OfHcer who has beeu designated to aecompauy you, in a route pre- scribed to him, to Amboy in Jersey, and to remain with you until your embarkation. Your passport will be sent to you, to meet you at Amboy. You will be pleased to name, to me, the persons of your Family, whom you wish to embark willi you. and to be inserted in your passport. I Jim instructed to inform you, that it is expected you will come under an engagement, to this Government, not to leave the shi]). in which you will sail, until } on ai-rive on the coast of England ; tha.t you will not be the Bearer of any letters oi* packets, wOiich iiavc not been submitted for examination, and that while Col" Gardner is with you, all letters which you niry write, or recei^'e, except those to, or fj'om, your family, shall be inspected by him. As the information to you may l)e useful to the service of your Government, in the disposition of your Official Papers, I am autluu'ized to inform you, that if the Mr. Ro))ertson, whom you mention in your letter of tiie 5"' of Sepf to the Secretary of State, as having been ai)pointed your successor, is the Mr. Gil- bert Robertson, lately residing in the State of New York, he will not be received or permitted to land. It must be pre- sumed, if this is the person, that this British Government was not apprized of his conduct here, and of the circumstances, under which he left the Country. I shall notify this determination to Admiral Cochrane, and I AOENT FOR BRITISH PRISONERS 351 inform liiin, that if he is di.sposed to send nn A^oiit for Pris- oners to reside here, until his govi^rnnient has au oi)i)ortunity of making a more permaueut appoiutmeut, he shall he received and respected. I have etc. J. Mason. and TO GENERAL MASON. Ilagers Town Mnryliiml 'iO'" Sept'. IS 14. Sir Your letter of the 2'^"^ Instant Avas delivered to me last (!Von- iug by ('Ol. (Jardner, who will acquaint you of the delay he has experienced on tlie road ])y which my departure will l»(Mlelayed three days. I sluill certainly not leave the 8hip on which I de- part from the Port of New York until my arrival in Enj,daiid, unless by sonu^ accident she become unsafe. I do not think I shall 1)(^ tlu^ Bearer of any letter, but should 1 take charge of some, I will lay then) before Col. Oardner for his inspectioii. Mr. Gilbert Rol)ertson who is appointed to succeed mo, is the Gentlenum who lately resided in these States ; and who un- questionably had a right to leave them, he not being under any l)arole or other promise to the contrary. I have to re(iuest you will be pleased to transmit the enclosed letter to Vice Admiral The Honorable Sir AU-xander C'oclu-ane; and you will oblige me by ac(piaintiiig him, with the determination of your (Jov- ernment, whether it will receive Mr. George Barton as Agent for Prisoners, ad interim, should the Admiral wish to appoint him. — At the foot hereof are the names of my family to be included in the passport. Mrs. Barclay. Miss Barclay. Mr. Anthony Barclay. John McDonald, Servant. Mrs. Barclay's Maid Servant, luune not known, as she is en- deavoring to procure one who is accustomed to the Sea. M m ¥im 352 CORRESPONDENCE OP THOMAS BARCLAY TO VICE-ADMIRAL SIR ALEXANDER COCHRANE. \ I! i Hagers Town Maryland 20"" Soptomber 181" . Sir, I have the Honor to enclose herewith the copy of a letter re- ceived from the American C'ommissary (leneral of Prisoners of War, from which yon will perceive that it is tlie determina- tion yf this Government, on the arrival of Mr. (lilhert Robert- son, off any of the American Ports [not] to permit him to land, or to accredit him, as His Majesty's Agent for the Relief of Britisli Subjects detained in the United States and for carry- ing of exchanges of prisonei-s. Tliat if j^ou are disposed to send an Agent for Prisoners to reside in these States, nntil His Majesty's Government has an opportunity of making a more permanent appointment, lie will be received and respected. I beg leave to acquaint you, that I leave Mr. George Barton, my Clerk, here to settle the present Quarterly accounts to the 30 of this month. Mr. Barton was to have followed me to England the moment this business wa? '<)mpleted : if however he can be of service, he will remain in these States, until an Agent is sent out by the Commissioners of Transports, but no longer. I mention this, that you may avail yourself of his services in the event of your wishing to appoint an Agent and being at a loss for a character competent to the Duties. Mr. Barton has been in my office upwards of a year, and is thor- oughly acquainted with the routine of Business. He is a Gen- tleman of most respectable Connections in England and in my opinion every way trust wortliy. You will be i)leased to recollect that Mr. Barton has no wish to be appointed ; but will act to ac- commodate the Service nntil a successor arrives. His allow- ances will of course be similar to those I have received. Be pleased to acquaint him with your determination, and should you desire him to act, as my Successor, it will be proper to send him a commission or warrant i.jr the purpose. I leave this to-morrow for Perth Amboy (there being no conveyance this day) and shall immediately' embark on board the American Ship Fin gal for England. \ CHAPTER VIII THE NORTHEAST BOUNDARY 1 THE third article of the Treaty of Ghent provided that all i)risoiiers of war taken on either side, as well by land as by sea, should be restored as soon as practicable after the ratification of the treaty ; and that each of the two contracting parties should discharge in specie the advances made by the other for the suste- nance and ma' itenance of such prisoners. The making up and verification of the accounts under this article no doubt proved a troublesome business, and Barclay, who was now in London at No. 12 Tavistock Square, and later at G4 South Molton Street, must have had abundant occupation in consequence all through the famous cold winter of 1815. But more important duties were to be devolved uj)on him under the succeeding articles, which related to the ever vexatious question of the Canadian boundary. The commission under Jay's treaty had done no more than fix the starting-point ; and, except ^he line of the River St. Croix, not another foot of the boundary had been ascertained in the thirty-one years which had elapsed since the treaty of 1783. Rufus King in 1803 had indeed succeeded in negotiating a convention which defined the boundarj^ through the several islands of Passamaquoddy Bay, and provided for the appoint- ment of a commission to run the remainder of the line ; 23 8S3 I s :r.il 11 ii 354 CORRESPONDENCE OP THOMAS BARCLAY but the convention failed of ratification, owing to a doubt as to the effect the purchase of Louisiana might have upon the l)oundary near its western end.' Monroe and Pinkney in 1807 liad also labored to ad- just the terms of a boundary convention, which was to follow closely King's treaty of 1803 ; but this Inisiness was broken off by the fall of the Whig government af- ter Mr. Fox's death, and the accession of the Duke of Portland's adminis tration." From the very beginning of the negotiations at Ghent, the settlement of the boundary question had been kept in view. The British commissioners had tried, in the earlier stages of the discussion, to obtain something more than a mere tracing of the lines laid down in the treaty of 1783, and to gain some accession of territory. They desired, especially, to "revise" the frontier so as to secure a direct comnnmication between Quebec and Halifax.'' This demand was, however, withdrawn, and the negotiation proceeded on the basis of the stains quo ante helium. On November 10, 1814, the American commissioners presented the draft of a treaty in which five articles were devoted to a plan for the complete ascertainment of the boundary from East- port to the Lake of the \Voods, which lies in the western half of the present State of Minnesota; and with comparatively trifling modifications their draft of these five articles was adopted. A single question relating to the boundaries was a cause of much hesitation and dilRcultv. The British had seized Eastport during the war, and they declined 1 Araer. State Papers, For. Rel., 3 Note of British comraissioners, Vol. II, pp. 584-591. Aiirnis the eastern and south- ern side. The bold and rugged cliffs of the island ex- tend for twenty-two miles ^J[ v^jiIj the American shore. elected to Congress, cas we shall see, in 1817. When Maine was admitted as a State, in 1820, he was elected to the U. S. Senate, and served ob- scurely until 1833. He was after- ward U. S. Distri A-ttornoy, and died in 1843. Ar. xtended sketch of his life will be _ound in Willis's "Law, the Courts, and Lawyers in Maine." 1 Cornelius Peter Van Ness was born at Kinderhook, N. Y., January 26, 1782, and was only thirty-four yearsoldwhenappointedontheboun- dary commission. Hewasapersistent office-holder. He had been already U. S. District-Attorney for Ver- 23* mont, and was subsequently Col- lector of the Port of Burlington, Chief Justice of Vermont, Governor of tliat State, U. S. Minister to Spain imdor both of Jackson's administra- tions, and Collector of the Port of New-York under Tyler. Ho died in Philadelphia December 15, 1852. 2 Peter Buel Porter was the foun- der of the well-known family who owned so much of the land about Niagara Falls. He was a native of Connecticut, was for two terms a member of Congress, and served with some credit in the War of 1812. He was active in promoting the Erie Canal, and died in 1844. ,*,., /•/*, V ^j -.'/■/ ' A ":* . ^«»/";7 ^ of UiftftuinaquoiWy Hay rVf ■■•■ *# M»0%i^ Arm Jj^^vt^ • \ 'i THE NORTHEAST BOUNDARY 359 ,J'urr,y . terminating in a lofty headland just in front of that difficult entrance into Passanuuiuoddy Bay which is known as the West Passage, or Lubec Narrows. The southern shore of this entrance is formed by the main- land ; the northern shore by the romantic island of Campobello — now chiefly known as the site of a couple of summer hotels. Across the pretty bay lies Eastport, famous for its fisheries; and further north are Deer Island and the smaller rocky islets of Passamaquoddy. By their position and means of communication with the mainland, these islands are all naturally within the territory of the United States ; but the controversy in 1816 did not at all relate to what ought to be their own- ership. The dispute was the purely legal one whether these islands, or any of them, came within the excep- tion mentioned in the second article of the treaty of 1783. By that article all islands along the coast, south of the River St. Croix, were to belong to the United States, " excepting such islands as now are, or heretofore have been, ivithin the limits of the said prooince of Nova Scotia^ The inquiry turned, therefore, upon a histor- ical examination of the ancient charters of Nova Scotia and Massachusetts Bay ; and upon this point interest- ^ng arguments were submitted to the Commissioners by the respective agents. Ward Chipman — who had served in a similar capacity in 1796 — appeared on the British side ; James T. Austin on the American.^ The board met at Boston in June, 1817, to hear argument, and adjourned until September to allow the prepara- tion of replies. A long debate ensued, but on October ' 1 1/ 1:1 I '■ 1 James T. Austin was born in was Attorney-General of Massaehu- Boston January 7, 1784; married a setts from 1832 to 1843; and died daughter of Elbi'idge Gerry ; became May 8, 1870. a leader of the Massachusetts Bar ; ■'iJlfA 3G0 CORRESPONDENCE OP THOMAS BARCLAY ':t ' Si 11 •'I ' 9th a final conclusion was reached, under which Doer Island, Campohcllo, and Grand Monan wore awarded to Great Britain, and Mooso Island (Eastport) and two smaller islands to the United States. Tlie formal award, onj]frossed on parchment, was executed at New- York on November 24, 1817. Far less satisfactory was the fate of the inquiry under the fifth article of the Treaty of Ghent. The boundary had been defined in the treaty of 1783 as runniuji; due north from the source of the St. Croix to the northwest angle of Nova Scotia, at " the highlands which divide those rivers that empty themselves into the River St. Lawrence, from those which fall into the Atlantic Ocean " ; thence along the " highlands " to the " north- westernmost head of the Connecticut River"; thence down that river to the forty-fifth i)arallel of latitude ; and thence due west to the St. Lawrence, and so up the St. Lawrence and through the lakes. From the very first Barclay doubted whether it would be possible to come to any agreement as to the two im- portant points, — the northwest angle of Nova Scotia and the head of the Connecticut, — although the British Foreign Office, in cheerful ignorance of all the facts, re- garded it as a " mere operation of survey." Barclay was right. The question remained unsettled for twenty- seven years, and when it was finally compromised by the Webster-Ashburton Treaty, in 1842, the conduct of each of the negotiators was vehemently denounced by his own countrymen as a surrender. Barclay not only knew the facte of the case, so far as anybody knew them in that day, but he was also deeply conscious of the delicate position in which he was placed. He was a native of New- York, he had married his wife in New- York, his family ' d their home there. SW ! r i A, %. ^^ IMAGE EVALUATION TEST TARGET (MT-3) y g led by the Evidence that will be adduced in favour of the Claims of other countries) that His Majesty's right to those Islands is supposed to be founded on the Second Article of the Treaty of Peace of 1783 which excepted from the line of 20 leagues from the line of Coast, by which it was then agreed to fix that side of the 1 Tho person intended was Joseph Bouchette, the Surveyor-General of Canada, who was at this time in Eng- land superintending the publication of one of his books. He proved most unsatisfactory as a Surveyor to the Commission. He died in 1841, hav- ing published several valuable works on the topography and statistics of Canada. ]' THE NORTHEAST BOUNDARY 3G7 Boundary of tlio Uiiitod States, sncli Islands as now are or heretofore have been within the Limits of Nova Scotia. — And that the Ishinds in question did eonie within the Limits of that Province, will bo proved not only from the Circumstance of the Jurisdiction whicli the (rovcrnment of Nova Scotia always was in the habit of exercisinj^ over the Inhabitants up to the Peace of 178!}, but more forcil)ly from the fact that the origi- nal Patent or Crrant (an Extract of which I inclose) of the said Province made by King James the o"'. to Sir William Alexan- der in 1G21, '.fter tracing the Bouiularies of the United States [sic] in it's circumference proceeds to include in it all Islands &c., within Six Leagues of any part of that circumference.^ 1 Tho original patent is in Latin. Tlie important parts of it may be thus transliited: "We have giv(Mi, granted and conveyed and by the tenor of this our presontCharterwedo give, grant and convey, unto tlie said Sir William Alexander, his heirs or assigns whomsoever in inlieritanee, all and singular the lands, continents or islands situate and lying in Ameri- ca within the headland or promon- tory commonly called Cap e pleased t of His estimony render my Com- the Com- reouested New York 12th August 181G. My Lord, In my Letter No. 1 of the lOtli Current, I stated, that I should do myself the Honor more fully to communicate with your Lordship on His Majesty's claim to the Island of Grand Manan, and on the 5th Article of the Treaty of Ghent. By the Treaty of Peace in 1783 between His Majesty and the United States of America all Islands that were at the time of that Treaty, or theretofore had been within the Limits of the Province of Nova Scotia were reserved to His Majesty. 372 CORRESPONDENCE OF THOMAS BARCLAY yiii i ; In order to support His Majestys claim to Grand Manan, the most valuable of tluise Islands it is necessary to ascertain and establish the most extensive westerly Bounds at any time heretofore prescribed to the Province of Nova Scotia. The Boundaries of this Province have from time to time been vari- ously described from the original Grant to Sir William Alex- ander to the year 1773. The Grant of the Province of Nova Scotia to Sir William Alexander in the year 1621 is the most ancient and contains the most formal Description of the Limits of Nova Scotia, and in point of authority is superior to any subsequent act of His Majesty or His Royal Predecessors in which the Limits of that Province are defined. In His Majestys Commission to Montague Wilmot Esqr as Governor of Nova Scotia the ancient Western limits of the Province of Nova Scotia are described, and it appears an alter- ation was then made with respect to the western Boundary Line, in the words following, "and to the Westward although our said Province hath anciently extended and doth of right extend as far as the River Peutagoet or Penobscot it shall be bounded by a line drawn from Cape Sable across the entrance of the Bay of Fundy to the mouth of the River St. Croix" &c., &c. I understand this alteration was made by His Majesty in council in the year 17G3. The order I have not seen. It cannot be doubted, but that His Majesty in council at the period of al- tering the Western Bounds of Nova Scotia, h; 1 before him some legal documents by which the original Bounds of Nova Scotia, to which the order refers, had been established, to wit West- ward to the River Penobscot. What appears in the order of council however is merely by way of preamble. It is there- fore of moment that His Majestys Agent should if possible be possessed of the instrument by which the Western limits of Nova Scotia were, as is stated in the preamble originally estab- lished at and by the River Penobscot. Perhaps upon a search in the Council Books and papers or in the proper offices, some clue may be found which would load to the discovery of this important document. As there is no trace of any Grant hav- ing been made by His Majesty or His Predecessors of the ( I i THE NORTHEAST BOUNDARY 373 m, the jertain ly time ,. The ;n vari- a Alex- Villiara oiitains tia, and I of His t of that Es(ir as s of the an alter- oiindary ilthough of right ; shall be entrance oix" &c., ajesty in It cannot iod of al- lim some ra Scotia, ^rit West- order of is there- )ssible be imits of ly estab- ii search ces, some vy of this rant hav- .rs of the Island of Gran(] Manan other than that to Sir William Alex- ander, and which is constructive and in some measure defect- ive, it will be necessary to produce the next best evidence that Grand Mauan heretofore was within the Province of Nova Scotia. This can be done by showing that the Governor and Council of that Province so far exercised a right over that Island as to grant a reservation of it to Lord William Camp- bell until His Majestys pleasure should l)e known, this reser- vation was made in the year 1773, and is an evident proof that the Government of Nova Scotia then considered it, as apper- taining to that I*rovince. Unless therefore it is shown, that Massachusetts at that time or previously exercised a jurisdic- tion over or laid claim to this Island, the act of the Governor and Council, I humbly conceive must be considered as con- clusive. As the above reservation was made until His Majes- tys pleasure was known, it is to be presumed his Lordship petitioned His Majesty to grant him this Island, and that something was done upon the petition. If the petition and the minutes of what was ordei'cd thereupon, can at this remote day be found, they would perhaps greatly strengthen the present claim. I have reason to believe it will be attempted to support the claim of the United States to Grand Manan and the Islands in the Bay of Passamaquoddy by the limits of Nova Scotia as de- scribed in His Majestys Commission to Lord William Camp- bell in 1766 and to Francis Legge Esqr. in 1773 as Governor of that Province. In the commission of the latter, the fol- lowing is a description of the Boundaries of Nova Scotia : " Bounded on the Westward by a Line drawn from Cape Sable across the entrance of the Bay of Fundy to the mouth of the River St. Croix, by the said River to its source and by a Line drawn due North from thence to the Southern Boundary of our colony of Quebec to the Northward by the same Boundary as far as the Western extremity of the Bay des Chaleurs to the Eastward by the said Bay and the Gulph of St. Lawrence to the Cape or Promontory called Breton in the Island of that name including that Island and all the other Islands within six leagues of the coast except: ag our said Island of St. John 24* 'i 374 CORRESPONDENCE OP THOMAS BARCLAY Pf: ' » i!-^ ' \ ( 1 f which we have thought fit to erect into a separate Government and to the Southward by the Atlantic Ocean from tlie said Cape to Cape Sable aforesaid including the Islands of that name and all other Islands within forty leagues of the Coast." I have not seen an extract of the Commission to Lord William Cam))bell, but Mr. Chipman His Majesty's Agent writes me, the Boundaries described therein are the same with those in Sir Francis Legge's commission. From these commissions it would appear that the Islands within six leagues of the coast are confined to the coast on the Eastern side of the Province of Nova Scotia. The Commissions refer to Islands on the East and South sides of the Province, bnt are silent with re- spect to those on the West Side. I attribute this to inattention in those who framed the commissions. At that period it was not perhaps considered necessary to be critically particular in such descriptions in commissions to Governors, the Limits and appendages of the respective Provinces had been declared, but had never been surveyed and defined by actual measurement. His Majesty's Ministers could not have intended to take these Islands from the jurisdiction of Nova Scotia without either erecting them into a distinct colony, which would have been ridiculous, or annexing them to the, then. Province of Massa- chusetts. Neither of these was the case, it therefore follows that they remained part or parcel of Nova Scotia under the Grant to Sir William Alexander. Besides it required express words to take those Islands formerly declared to appertain to Nova Scotia, from it: and your Lordshij) will presently per- ceive that on a nearly similar occasion in contracting the Western Limits of Nova Scotia express words were used in the commission to Governor Wilmot. In the latter part of your No. 1 your Lordship is pleased to notice in reference to the 5th Article of the Treaty of Ghent, that this being a mere operation of survey, it will not be neces- sary to give me any specific instructions for the regulation of my conduct on this head. The running of a Line due North from the source of the River St. Croix is certainly a simple operation, but from all that I have been able to learn, it is very doubtful, whether Highlands, such as will satisfy, the second THE NORTHEAST BOUNDARY 375 itnent 3 said I that !oast." illiam 3S mc, loso in ions it ast are ovinco on the atli re- bention [ it was iular in lits and •ed, but cement, ie these t either ive been f Massa- foUows ider the express jrtain to itly per- king the used in eased to Ghent, 36 neces- ation of Lie North simple it is very le second Article of the Treaty of Peace in 1783, and to which the Treaty of Ghent refers, will be found on running this lin^. I am not less apprehensive admitting that such Highlands correspond- ing with the Treaty are found, that a question of no small difficulty will arise with respect to which rivulet or little sti*enm the appellation of the North Westermost Head of Connecticut River is most applicable. These difficulties removed, the re- maiiulcr of the execution of the ath Article would be plain and easy. I cannot however refrain expressing my fears to your Lordship that one or both of the above named points will prove insuperable to the Commissioners, and that recourse must be had by a referance, on the reports of the Commissioners, to some friendly Sovereign or State; or some amicable adjust- ment of the line take place between His Majesty and the United States. The latter, if practicable would unquestionably be most eligible. TO LORD CASTLEREAGH. New York 2 October 181G. My Lord. In my No. 1 of the 10th of August, I stated to your Lord- ship that I had requested Mr. Bagot His Majesty's Minister Plenipotentiary at Washington ^ to propose to the American Government that the American Commissioners under the 4"' and 5"" Articles of the Treaty of Ghent should be directed to meet me at St. Andrews on the IGth of September in order to proceed on the Duties expi'cssed in our respective Commis- sions, and the proposition having met the concurrence of this Government, I proceeded from hence to Portland in the Dis- 1 Charles Bugot was born Sei)teni- ber 23, 1781 ; held the post of Brit- ish Minister in Washington from the spring of 1810 to the spring of 1819; became Governor-General of Can- ada; and died there May 19, 1843. " Bagot," wrote John Quiney Adams, " is tall, well proportioned, and with a remarkably handsome face ; per- fectly well-bred, ajid of dignified and gentlemanly deportment. , . . No English Minister has ever been so popular ; and the mediocrity of his talents has been one of the principal causes of his success." Diary, Vol. rV, p. 338. l! r ■) \ < ; ; «< I till «.'!!■ I 876 CORRESPONDENCE OP THOMAS BARCLAY triet of Maine to meet Mr. Holmes the American Commis- sioner under the 4th and Mr. Van Ness the American Commis- sioner under the 5th Article of that Treaty, from whence we were to take passage for St. Andrews. Owinj? to adverse winds and calms wo were delayed several Days at Portland, and it was not before the 22'' of September that we landed at St. Andrews, where Mr. Chipman His Majesty's Af^ent had been several days waiting our arrival. Mr. Austin the Amer- ican Agent came with the Commissioners, On the 2!5rd of September the commissions were opened and copies under both Articles interchanged. The Commissioners were also sworn agreeably to the Treaty. The Agents under the 4th Article were then called upon to exhibit their claims, and pro- duce their credentials. The American Agent delivered a for- mal commission from the President of the United States, but Mr. Chipman exhibited only a letter from Lord Bathurst His Majesty's Principal Secretary of State for the Colonial Depart- ment. The American commissioner objected to the Letter as insufficient, first because there was no official seal, and sec- ondly that His Lordship had not expressed his official charac- ter after his signature to the Letter. I endeavored to remove both these objections and so far succeeded as to obtain the consent of the American Commissioners to proceed to Inisi- ness, under a promise that Mr. Chipman should at the next meeting of the Board produce a more official appointment. Mr. Chipman will write Earl Bathurst on the Subject. On the 24th of September the Agents delivered to the commissioners the claims of their respective Governments to the Islands in the Bay of Passamaquoddy and Bay of Fundy, copies of which I have the Honor to enclose. The Commissioners re- quested to know whether they were prepared to argue and prove their claims, and if not, when they would be. The Agents answered that they thought the 28th of May as early a day as could consistently be named for these purposes. The Commissioners acceded and adjourned from St. Andrews to meet at Boston in the State of Masso 'lusetts on the 28th of May 1817. iU— ^--^ THE NORTHEAST BOUNDARY 377 ommis- omtnis- nce we adverse n-tland, iidod Pt 3nt had 3 Atner- 2;5rd of s under ere also the 4th and pro- ed a f or- ates, l)ut urst His I Depart- Letter as Hud sec- il charac- remove jtaiii the to busi- the next )intinent. On the lissioners slands in copies of oners re- rgue and be. The as early a ses. The idrews to e 28th of No A<:(pnt appeai-od on the part of the United States under the 5tli Article of the Treaty of (ihent, nor Surveyor for either nation. By the words of the Treaty I should hnve considered the Commissioners autliorized to appoint Surveyors but as your Lordship liad sipnifled to me that Earl Bathurst )iad ap- pointed Colonel Bouehette Surveyor on the part of His Maj- esty, I declined doing so, and represented to Mr. Van Ness, the American Commissioner, that Col. Boucliette was mo- mently expected from England as the British Surveyor. Mr. Van Ness was also equally convinced with myself that the Season was too far advanced for tlie Surveyors to commence any operations this Autumn. The best informed Inhabitants at St. Andrews and Robbins Town (the American side of the River St. Croix) agreed in opinion that the Surveyors could not commence their operations before the month of June next, owing to the Bodies of snow remaining in the Woods and the Brooks and other streams being overcharged with water. It was therefore agreed by the Commissioners under the 5'" Arti- cle to meet at Boston on the 4th of June, aiul to direct that the Surveyors attend them on that day, at that place. The Agents are to be directed to provide Chain Bearers, ax men, and per- sons to carry Provisions &c. &c. also to purchase the necessary provisions. The conveyance of Provisions will I fear be a matter of no small difficulty, increasing as the siirveys recede from the Rivers St. Croix and St. John. I have received no information of Colonel Bouchette's arrival in America. Should he still remain in England, I beg leave to suggest to your Lord- ship the necessity of his being ordered to repair to Boston with- out delay, or rather to St. Johns, New Brunswick, so that he may confer with Mr. Chipman, and be made acquainted with the merits of the Question, previous to his attending the Commis- sioners on the 4th of June. The Surveyors are to receive pre- cise instructions from the Agents, and general Instructions from the Commissioners. ' 378 CORRESPONDENCE OF THOMAS BARCLAY FROM MR. GOULBURN.^ Downiiifi: Street March 14th 1817. {Private d; Confidential.) Dear Sir, By desiri^ of Lord Bjithurst I take tliis opportunity of ac- quainting you that in co isequenco of the representations whicii have been made ])()th of the talents of the persons se- lected by the \merican Government to make the survey of the Boundary and o:' the incompetence of Mr. Bouchette to under- take an accurate astronomical survey His Lordship has en- tered into communication with Sir Jos. Banks ^ for the pur- pose of procuring the assistance of some Gentleman of gi'cat science and conseciuontly more able to check the proceedings of the American Surveyors. He was in hopes that such a per- son would have been ready to proceed by the present packet but as this is unfortunately not the case I am desired to sug- gest to you the propriety of deferring if it be possible the as- tronomical part of the survey until time can be given for the arrival of such a Gentleman in America. The proceedings of the Commissioners need not be deferred on this account as the other parts of the survey may be proceeded in without waiting his arrival. I have &c. Henry Goulburn. ! • TO LORD CASTLEREAGH. Boston, State of Massachusetts, 5"" June, 1817. My Lord. During the preceeding Winter I requested Mr. Chipman, His Majestys Agent, who resides at St. John in the Province of 1 Henry Goulburn was one of the British Commissioners at Ghent, where his manner and tone seem to have been particularly offensive to the Americans. J. Q. Adams, in his diary, repeatedly refers to Goul- burn's entire want of control over his temper, and the insulting man- ner of his speech. He was Under- Secretary for the Colonies. 2 The President of the Eoyal So- ciety. THE NORTHKAST BOUNDARY 379 1817. of ac- tatioiis 5ons se- y of the » untlcr- lias en- he piir- )f gi-eat •eedings eh a per- b packet . to sug- e the as- i for the diugs of ut as the , waiting JJURN. 1817. man, His ►viuce of ntrol over Iting man- ias Under- s. Koyal So- Nevv Brunswick to meet me at this phico on the 20"' of May, one week prior to the meeting of the Conir.ussioners under the 4"' Article of the Treaty of (Ihent, that I might exomino the Alignments and »;vi(kMice he had prepared lo (k'liver to the Board in support of His Majcstys chiim to the Islands in the Bays of Fundy and Passannupioddy. A severe fit of the (Jout prevented liis arriving at the time appointed and subsequent to his recovery contrary winds detained him nntil the second instant. The succeeding day the Board proceeded to Business, and is now progressing with industry. The arguments on the part of botli nations will I hope ))e read over by the V2}^ current, that on the part of the United States is unnecessarily diffuse; after which the Agents will require some time to pre- pare replies each to the others arguments, so that a short ad- journment will probabl}' take place, Mr. C!hipman has at my request introduced in his memorial the Arguments used by Comrs. Shirley and Milday in their negotiations at Paris in 1750 and the extract of the council minutes in 1763, although he is of opinion, in which I concur, that the claim on the part of His Majesty, must and will eventually rest on the Grant to Sir Wm. Alexander in 1021. I confess my principal hiduce- ment for incorporating in the present case, the Arguments used by the Commissioners at Paris in n.lO, is founded more on the effect it may produce on the friendly Power to whom the case may be referred, in the event of the Commissioners not being able to agree in a decision, than on the Commission- ers in the first Instance. — I am satisfied that your Lordship is Master of the Subject and will not therefore trouble you sug- gesting my reasons on this point. On the 4"' of June the Commissioners under the S^^ Article of the Treaty met agreeably to adjournment in September; and the Agents are preparing instructions for the Surveyors, who will leave this in a few days for the Source of the River St. Croix and commence running the due North Line and en- deavor to establish the North West Angle of Nova Scotia. It is proposed that an exploring party be sent forward to endea- vor to discover the Highlands, while the Surveyors are pro- ceeding under the more dillatory process of actual admeasure- 380 CORRESPONDENCE OP THOMAS BARCLAY raent. The American Commissioner was anxious that the ascertain! nfj; of the boundaries shouhl commence at the River Catarac^ui on th( parallt^l of tlie 45 De<,'n'e of North Latitude; but having received directions from VawI Bathurst to delay as- tronomical observations until adentlenum who he would send from Knj^land for that i)articular service arrived, I opposed his proposition and succeeded in limiting the operations to com- mence at the Source of the St. Croix where simple surveying alone be necessary. I fear the survey and entire observation will occupy much time, and I am not less apprehensive of great difficulty in establishing the real Highlands and North- westermost Source of the Connecticut River named in the Treaty. TO LORD CASTLEREAGH. New York 25"' June 1817. My Lord. Referring your Lordship to my No. 4 of the 5"' Current, I have the honor to acquaint you that after the Agents of both nations under the 4"' Article of the Treaty of Ghent had re- spectively read their agreements to the Commissioners and de- livered them to the Secretary His Majesty's Agent requested an adjournment of the Board to the 25"" of September, to en- able him to reply to the case made out by the Agent of the United States, in consequence of vvhich the Commissioners on the 13"' Instant adjourned to meet at Boston on the 25"' of September to hear the Agents of both nations in reply each to the other. The Commissioners under the 5"' Article of that Treaty, un- der an imj)ression that it would expedite the Business, have appointed two sets of Surveyors as suggested in my No. 4 to your Lordship, who were to leave Boston with their respective chain Bearers and ax men &c. &c on the 22' Instant for the source of the River St. Croix, from whence they are to commence their operations. They are furnished with such instructions as the Commissioners and Agents considered necessary. On the li"" instant the commissioners under this Article adjourned THE NORTHEAST BOUNDARY 381 lat the ' River titiulo ; L'lny as- 1(1 S(Mld )stHl his to com- [•veying rvatiou isive of North- . in the 3 1817. irrent, I of both had re- 3 and de- b(iuested r, to en- t of the oners on e 25'" of ply each eaty, un- ;ss, have 4 to your ive chain LC source )mmence bructions ary. On iljourned to the 5"' of May next to Now York, unless an intervening? meetinjjf may be necessary, when the (^oinniissionors of either nation (by agreement) may name a day and place for such meeting. This I am led to think is improbal)lo, as the Survey- ors will not have progressed so far as to render such meeting necessary, liefore winder ^vill im])ede all Fii;ld operations, there being little more than four months in that part of America, wherein Surveyors can be employed. TO MR. OGILVY. New York 27"' June 1817. My dear Sir. By this morning's Post, I received a Packet of Letters from Boston, (which arrived there after I had left it) in which was your favor of the 10th instant. I will cheerfully give you my sentiments on the subject you have suggested, and beg you will at all times freely command iny best services. General Porter is in part right in saying that it is customary with Am- bassadors, Ministers Plenii)oteutiary, Commissioners and all other official characters, while transacting business with Gen- tlemen of the same official Denomination belonging to other nations invariably to name their own King or Government first. For instance in official letters of any other official acts emanating from General Porter to you wherein he makes men- tion of both nations, it is due to his own to name it first. With respect to the Journal (which appears to be the object of the present difference of opinion i tween you and him) I am of opinion both you and he are under an error and that neither of you are to keep the Journal or a duplicate of it, but that the Journal is to remain with the Secretary who is the proper officer and in whose custody all papers filed are to re- main. There can be but one Journal. You may have as many copies as you please of it, but if any of them vary from the original Journal they must be corrected by it. It is usual with Commissioners to have the proceedings of the day entered I ii 382 CORRESPONDENCE OP THOMAS BARCLAY h ' m ' ■ } id 1 i 1 h on loose paper, and every day the last thin^? the Board does befon* adjtmrniiient is to make tlie Seeretary read tiie proceed- ings to prevent omissions or mistakes, or (forrcet the mode of expression. On the adjoiirnment of the Board, the Seeretary immediately ent(!rs the proceedings of the day in his Journal, verbatim from the loose minntcs, and at the next mecfting of the Board befon; they proceed to Bnsiness, oik; of the Com- missioners examines the Jonrnal of th(^ preceding day with the Secretary who reads alon"' Artiele of the Treaty eon- clnded at (Jhcnt in Deccnibcr IS14, between His liritanniek Majesty r, d tlie United States of Ameriea. enclosing a copy of a resolnfion passed ))y your Board on the 3*' of June, on the subject of ascertaining the point at which the 45 degree of North Latitude, continued West from the North westermost head of tin; Connecticut river strikes the Kiver Iroquois, or Cataracjuy. Tliat as the establisliing this was an object eciui'Hy the duty of the Commissioners under the 5*" Article of the Treaty, as well of you (rentlemen Commissioners under the G"' & 7"' Ai'ti(!l(\s, it was desirable that tluiy cooperated with you in ascertaining and establishing the same; and that you proposed " a joint meeting of the lioards with the Astrono- mers emp.jyed by them respectively should be held at or in the vicinity of S* Regis as early as it may suit the convenience of the Commissioners under the 5"' Article for the purpose of comparing the results of the several observations made under the direction of the respective Boards and awarding thereon"; also that you hoped the meeting, if acceded to might not be delayed beyond the month of September. I have the Honor to a(!(piaint you that early in May, I re- ceived a Letter from His Majesty's Colonial Department of State dated the 14*'' of Mai*eh last informing me that a Gentle- man would without loss of time be sent to me from London to execute the Astronomical Parts of the Service enjoined by the G"* Article of the Treaty, and directing me to proceed in the meantime on the surveys whit ;)rm another part of the service. In June therefore when the Board (under the 5"' Article) met at Boston, I communicated to Mr. Van Ness, my brother Com- missioner, the purport of the Letter, in conse(pience of which, we immediately detached the Surveyor to the Source of the River St. Croix with directions to commence and proceed in 384 CORRESPONDENCE OP THOMAS BARCLAY .! ■; runiiinpf the due North Line, and it was agreed by Mr. Van Ness and myself, that on the arrival of the Astronomer from London, he and the Astronomer on the part of the United States of America, should forthwith proceed to establish the Parallel of Latitude directed in the 5th Article of the Treaty. The Gentleman has not yet arrived, but is momently expected. I feel assured that Mr. Van Ness will, as well as myself, accept the polite proposal contained in your resolution of a joint CO operation of the two l)oards in ascertaining a point necessary to be established under the r)th and (5 articles of the Treaty. — I shall by this days mail write him on the Subject and request him to communicate to you his determination. If he acceeds, which I take for granted he will, on the arrival of the Astronomer from England I will immediately proceed with him to St. Regis, t^'ere to meet you Gentlemen and Mr. Van Ness with the four Astronomers finally to establish the Point where the 45th degree of North Latitude extended from tlie North Westermost head of Connecticut River intersects the River Cateraquy. — It is proper for me to add, that if the arrival of the astronomer, should be delayed beyond the 1st of September (an event by no means probable) it will not be in my power personally to attend, beeaus(; the Board of Commis- sioners under the 4th Article of the Treaty are to meet at Bos- ton on the 25th of that month; but I wiU notwithstanding send on the astronomer to unite with Mr. Ellicott ^ in ascer- taining the parallel of Latitude, which will in fill probability be confirmed by Mr. Van Ness and myself, particularly if it accords with the observations and rcsidts of the two Gentle- men now employed by you for the same i)urpose — It Avill nat- urally occur to you, that it will be prudent for Mr. Ellicott to remain in the vicinity of St. Regi3, ready to commence the astronomical observations. 1 Andrew Ellicott was born in the Federal City. In 1813 he was PeTinsylvania in 1754. He was em- appointed Professor of Mathematics ployed as a surveyor by the U. S. at West Point, a post he held until Government on various occasions, his death in 1820. notably in the work of laying out THE NORTHEAST BOUNDARY 385 ^Ir. Van er from United •stublisli 3 of the omently i myself, ion of a ; a point es of the ; Subject nination. le arrival -f proceed 1 and Mr. ihlish the idcd from intersects hat if the the 1st of not be in ' Commis- H't at Bos- listanding in ascer- robability ilarly if it vo Gentle- t will nat- ^^llicott to tneuce the TO ME. VAN NESS. Sir New York 25 August 1817. I have the Honor to acquaint yon with the an'ival of Dr. Tiarks His Majestys Astronomer under the 5th, Gth and 7th Articles of the Treaty of Ghent, at this 'ice in the last Packet from Enjjlaud. 1 — Mr. Ellicott the Astronomer on the part of the United States is also at present in this City, who informs me that lie has by liis observations established the point where the parallel of the 45 Deforce of Latitude strikes the River Cataraquy,^ and that his duty at "West Point at present pre- vents his attending Dr. Tiarks to St. Regis ; he adds that even was it in his power it would be unnecessary, because he is sat- isfied his observations and their results are correct, and that the Season is so far advanced, as to prevent Dr. Tiarks doing anything more until next Spring, than ascertaining whether the point established by him (Mr. Ellicott) at the River Cata- raquy is cori'eet or not. Dr. Tiarks will proceed in the morning for St. Regis for this purpose ; should you differ in opinion with Mr. Ellicott, and prefer having an Astronomer to ol)serve at the same time with Dr. Tiarks, to proceed to send him to St. Regis, perhaps you may wish to be there in person. It is not in my power to go thither, as the Commissioners under the 4th Article of the Treaty meet at Boston on the 25 of September. Mr. Ellicott also told me, that at the request of the Presi- dent, he should hold himself in readiness to establish and run the parallel of the 45 Degree of North Latitude as early in the Spring as the weather will permit. I beg leave to add that Dr. Tiarks will be ready to accompany him. 813 lie was ilathematics le held until 1 This gontloraan was a Swiss by birth. Little seems to be kaown of him. He died about 1830. 2 The point tlius established by Mr. Ellicott was adopted by the Com- 2S missioners under the sixth article as tlie starting-point of their part of the line. See their award published in Treaties and Conventions of the United States. 1 1 ( : ^ ^ IHI . B i l' '1* ■ i ' i ■ 1 1 1 386 CORRESPONDENCE OP THOMAS BARCLAY TO LORD CASTLEREAGH. New York 2'' September 1817. My Lord, Your Lordships Letter of the Gth of June, annoiiucing that I shoiihl shortly be joined by Dr. Tiarks, His Majesty astron- omer under tlie 5th and Gth Artitdes of the Treaty of Ghent, I have had tlie Honor to receive. — Dr. Tiarks has since arrived, and gone to St. Regis on that part of the lliver St. Lawrence designated under the Treaty of 1783, by the name of the L'O- quois or Cataraquy, in order to ascertain whether the paraUel of the 45 Degree of North Latitude which strikes that River, as reported a few weeks since by the American Astronomer Mr. Ellicott is correct, who makes to correspond witliin two or three feet of Hollands parallel in 17G8, or thereabout. I regret to add from Mr. EUicott's information that this opera- tion will occupy the whole of the remainder of the season in that cold (ilimate. As early in the Spring however as the weather will permit, I will take care to have the astronomers employed in establishing the parallel of Latitude towards the North Westermost head of the Connecticut River. The Sur- veyors are now engaged in running the due North Line, and searching for the Highlands from the Source of the River St. Croix. — I have every reason to hope the Arguments of the Agents appointed under the 4th Article of the Treaty of Ghent, will be closed at the meeting of the Comnussioners at Boston on the 25th instant, and I am sanguine in my expecta- tion that the result will prove favorable to the claims of His Majesty. However, as it is possil)le I may be disappointed in my expectation, I shall be prepared, as far as anticipation will permit, with my report in the event of our disagreeing. The report I am fearful will be more than ordinarily long, as it will contain no small part of the arguments of the Agents, as well as my own remarks. THE NORTHEAST BOUNDARY 387 TO MR. OGILVY. r 1817. iiiig that ^ astron- Ghont, I ! arrived, jawrenco I the Iro- e parallel at River, tronomor ithiu two about. I his opera- season in er as the :,ronoiners wards the The Sur- Line, and the River inients of Treaty of ;sioners at y expecta- ms of His pointed in )ation will nng. The oug, as it Agents, as New York 22 October, 1817. My dear Sir, Your hotter of the 22nd ult" and private letter of the same date from Rapid Plat Upper Canada, I had the pleasure to re- ceive while at Boston from whence I returned to this place yesterday. I was so much engaged while there during a short Session as not to have it in my power to reply to your favor, I therefore avail myself of the first moment on my return. It was certainly desirable that Dr. Tiarl\":; should have brought out with him all the instruments neeessary for the accurate observations committed to him by His Majestys Gov- ernment, indeed he did bring all with the exception of the Re- fracting Circle, and I should have detained him at this place until its arrival, had not Mr. Ellicott, the American Astron- omer told Dr. Tiarks that there was at St. Regis such an in- strument appertaining to the American Government, much at his Service, and that he would write to General Porter, (or some other Gentleman who had the charge of it, I do not re- call which) to allow Dr. Tiarks the use of it. I am happy to learn that General Porter has politely directed it to be deliv- ered to him, and hope before this he has completed his obser- vations at St. Regis. As he is engaged under the 5 Article, it is proper that all sums necessary for that Service and his expenses should be paid by me, his drafts therefore on me will be honored. If you have advanced him money, let him draw in your favor on me for it. Scientific men are generally absent in character, I was there- fore not surprised that Dr. Tiarks had forgotten he had a let- ter for you from me, nor that he had placed it, in so safe a place as to be out of sight. As matters have turned out, it was not material. He appears an amiable correct character: of his abilities I have no doubt, yet let me add I am not com- petent to decide. I have the pleasure to inform you that contrary to my ex- pectation, Mr. Holmes the American Commissioner and myself under the 4th Article of the Treaty of Ghent have come to a p 1 ! 1 i i 1 1 : 388 CORRESPONDENCE OF THOMAS BARCLAY ^ decision, an event I little expected. It is due to Mr. Holmes to add that throughout the whole of the Business committed to him and me, he has conducted hiii elf with candor and Liberality, and although much argument has taken place be- tween him and me previous to our coming to a decision, it was conducted with courtesy, impartiality and perfect good hu- mour. The decision is executed on paper at present, for fear of accident by death or otherwise to him or me, but we meet here on the 24th of November to execute it when engrossed on parchment when it will be transmitted to both Governments, and duplicates delivered to the Agents. I may safely add that no commission of similar magnitude has been gone through and decided in so short a period and at so trifling an expense. The Agents of both (roveruments memorialed the Board to be further heard and for an adjournment to next Spring for them to prepare their Arguments by way of rejoinder. The Com- missioners declined acceeding to their request, under a convic- tion that they were fully possessed of the merits of the case submitted to them. An adjournment of the Board for six days took place, during which Mr. Holmes and myself conferred in private and eventually agreed upon a decision. In doing this some little has been yielded on both sides. This in my opin- ion was preferable to our reporting the Grounds of our differ- ing in opinion and by that means rendering a reference to some friendly Sovereign to decide necessary, whose decision in all probability would not have been as agreeable to both nations ; and a measure pregnant with delay and expense. On the opposite page is the copy of a letter from the foreign office, from which you will perceive Col. Bouchette is no longer to act as surveyor under the 6"' & 7"' Articles of the Treaty of Ghent. TO LORD CASTLEREAGH. New York 25 October 1817. My Lord. I have the Honor to inform your Lordship, that the Com- missioners appointed by virtue of the 4th Article of the Treaty THE NORTHEAST BOUNDARY 389 Holmes QTiiitted lor and ilaee be- 11, it was ood hn- for fear we meet ossed on •nments, add that through expense, ard to be for them 'he Com- a convic- the case :• six days iferred in [oing this my opin- ur differ- ereuce to decision to both jense. le foreign itte is no es of the )er 1817. the Corn- he Treaty of Ghent met at Boston in the State of Massachusetts, pursu- ant to adjournment, on the 2.")th of September last past, to liear the Agents of both Nations, each in reply to the others Argu- ments delivered to the Board at its Session in June last. On the first of October the agents concluded reading their Argu- ments and on the 2'' the Commissioners agreed to adjourn to the 8th of the same Month, under an impression that from the Evidence already exhibited by the Agents, they were fully possessed of the merits of the Question submitted to them, and for the purpose of attempting to come to a decision thereon. I had previously conferred with His Majestys Agent on this point ; who concurred in opinion with me, that a further hear- ing of the Agents by rejoinder, would be useless, and tend only to prolong the discussion and create expense. In addi- tion to this I was aware that if a decision was not made on or before the 1st of December ensuing, another Commissioner on the part of the United States must be appointed, as Mr. Holmes, the present Commissioner had been elected a member of Congress, and by the Constitution of these States, he would be obliged to resign his appointment as Commissioner prior to his taking his seat in the House of Representatives. In such an Event the case must have been reargued, and the proceed- ings necessarily drawn out to a greater length. I had also reason to believe, from the general tenor of Mr. Holmes' con- duct, that it was more than doubtful, whether another Com- missioner would possess that candor and Discrimination, I had in every instance experienced in this Gentleman. In the discussion which took place between tlie Commis- sioner on the part of the United States and myself, in the interval from the 2nd to the 9th of October, I endeavored to convince him, that by the express words used in the Grant of King James to Sir William Alexander in 1621, to wit, "in- eludens et comprehendens intra praedictas maris oras litto- rales ac enrmn circumferentkts, a mari ad mare, omnes terras continentes cum fluminibus, torrentibus, sinibus, littoribus, insulis, aut maribus jacentibus prope aut infra sex leucas ad aliquam earundem partem ex occidentali, boreali, vel orientali partibus orarum littoralium et praecinctuum earundem," all the 25* r- %^ 4.1 'Ul,! iris 'i 1 ; ,< Jll^iv; ,1 J I 390 CORRESPONDENCE OP TTIOMAS BARCLAY IslMiids ill tlio Bay of Pussamaciuoddy and ilio Island of (rrand Manan in the Bay of Fnndv wore included within the Limits of that Grant. For that althouf^h a line drawn from Cajje St. Marys (one of the boundary Jiines deseribod in the Grant to Sir William Ah^xauder) to the Jiiver St. Croix would not in- clude all the Islands within it; still a parallel Line six leagues distant to the South West would embrace them — and that the Words " sex leucas " referred to " earum eircnmferentias " and " praeeinctuum earundem," and not to "oras littorales" nor "orarum littoralium." — That the Line from St. Marys Bay to the Kiver St. ( 'roix was tlie '' cireumferentias " and the " prae- cinctuum" mentioned in the Grant, and that the " sex leucas" was to be extended from that Line and not from the Coasts or Shores of Nova Scotia. — To this the American Commissioner replied, that it was unnecessary for him and me to enter upon the constriiction given by me on the Words of the Grant, as the Crown had decided it repeatedly in the Commissions to the Governors of Nova Scotia, wherein the Limits of Nova Scotia were defined ; and he referred to the Commission to Montague Wilmot Ksqr. in 17G3, wherein all Islands on the North and East within six Leagues of the Coasts, are declared to be within the Limits of Nova Scotia, and to tlie Southward all Islands within forty leagues of the Coast, but that to the Westward no mention was made of Islands in the Commis- sion to Mr. Wilmot, nor in any other of the Commissions to the Governors of Nova Scotia ; if, therefore, he were to allow this as an accidental omission, I could not in justice require him to admit more than was given on the North and East, which would be all Islands within six leagues of the Western part of the Coast of Nova Scotia, and that this would comport with the Words of Sir William Alexanders Grant ''infra sex leucas ad aliquam earundem partem ex occideutali, bore- ali vol orientali partibus " &c &c &c, — but that the six Leagues must be measured from the Shores and Coasts, and not from the circumferences of the Boundaries. — I suggested that the Commissions were generally penned in haste, by Clerks in the public offices, and intended merely as instructions to Gov- ernors, not as Acts which were to bind his Majesty on other THE NORTH KAST BOUNDARY 391 if (Irand Q Limits Cape St. a rant to il not in- : leajjfuos . that the ,ias " and lIos" nor s Bay to 10 " prao- s leucas " Coasts or iiiissioner iter upon Grant, as ons to tho »va Scotia Montague slorth and red to be hward all at to the Conimis- issions to e to allow 30 re(iuii'e and East, 3 Western d comport lit " infra itali, bore- x Leagues not from that the 3rks in the s to Gov- y on other points and the foreign Powers; because, if Declarations con- tained in sncli Coininissions could not bind foreign Powers, it was unreasonable, that tho Power making such Declarations, and possibly with private views, confined to its own Subjects, should bo bound thereby. In support of this Doctrine, I stated several cases, and in some measure brought the Ameri- can C/'ommissioner to think there was not so much weight in his objection, as he originally imagined. I assured, and en- deavored to convince him, tliat from the Evidence before the Board, it was manifest, that all Islands in (iuestion were in- cluded in the (Jrant to Sir William Alexander, and conse- quently appertained to His Majesty; and (tailed on him to unite with me in decision to that effect. This he of conrse de- clined ; remarking that such a decision would deprive the United States of Moose Island and the two adjoining small Islands, named Dudley and Frederick, whi«!h had been de- cided to them by tho Convention or Treaty in \H0\] and by the Supplemental Treaty in 1807, neither of which it was true had been ratified on the part of the United States, but that they were evidence, that Great Britain either considered those Isl- ands to belong to the United States, or was willing to acknow- ledge them as such, i)rovided the United States would relinquish claim to all the other Islands in the Bay of Passamaquoddy. He added that although he was determined not to execute a decision whereby ail the Islands in question were to be ad- judged to belong to His Majesty, yet he was willing to come to a determination which should comport with the principles agreed upon by Earl Liverpool, then Lord Ilawkesbury, and Mr. King in 180^}, and by Lord Holland and Lord Auckland and Mr. Monroe and Mr. Pinkney in 1807, That if I would not consent to this, ho was ready to report, jointly or sepa- rately, stating the points on which we differed, and the grounds on which our respective opinions had been formed, and to leave it to the two Governments to refer the report to some friendly Sovereign or State for decision, — which decision could not possibly be more adverse to the claims of the United States and might be more favorable, than that I had proposed. That where nothing more could be lost, and something might be l!!fl 1 392 CORRESPONDENCE OF THOMAS HAUCLAY gained, it was his duty to refer the question to th(^ Tribunal pointed Out by the Treaty in the event of the Commissioners not coming to a decision. In adjourning for that day (the 5th of October) I communicated the substance of the confer- ences, wliich had taken place between the Commissioner on the part of the United States and myself, to Ills Majesty's Agent. His opinion coincided with mine in the foUowing particulars. — That in the event of the report l)eing referred to a friendly Sovereign, it would naturally be placed by him, in the hands of one of His Ministers, or Law officers, with di- rections to examine the reports, and to recommend the deci- sion which ought to be made. — That it was probable that either from want of time, or other cause, the attenti neces- sary to form a correct opinion might not be given, oi nat the Arguments in the report might not be fully comprehended; and that such Sovereign being called upon by both nations, in the character of a Friend, would probably adopt the Terms agreed upon (though not ratified) by the two nations, in the Convention of 1803 and supplemental convention in 1807. That if this should be the Line pursued by such friendly Power, still it would remain a matter of doubt to whom it would decide the Island of Grand Manan to belong. — That this Island was of more value to His Majesty, in point of Ter- ritory, than all the Islands in the Bay of Passamaquoddy ; and in a military and naval Point of View of much greater importance. — That it commands the North West Side the Bay of Fundy, is immediately opposite that part of the Ameri- can Coast, where the waters which pass into and out of the Bay of Passamaquoddy at a place called West-quoddy passage and — that His Majesty by l)eing possessed of this Island, would have it in his power, in the event of a War, to prevent American Privateers from sheltering themselves in that Pas- sage and to protect the Province of New Brunswick and that part of Nova Scotia which lies in the Bay of Fundy — That unless the six leagues should be measured from the line de- scribed in the Grant to Sir William Alexander, from St. Marys Bay to the River St. Croix, this Island would not be compre- hended within the Limits of Nova Scotia, but only a small ill » THE NORTHEAST BOUNDARY 393 rribunal issionors (lay (the Q confer- ioiior on ^lajosty's ollovviiifJC referred I by him, , with (li- the deci- ible that neees- 1 nat the ■eh ended ; 1 nations, :he Terms ns, in the in 1807. 1 friendly ) whom it ig_That nt of Ter- laquoddy ; ill greater Side the ;he Anieri- ont of the ly passage lis Island, ;o prevent that Pas- i and that dy — That ■le line de- St. Marys 36 compre- .y a small part of it, — and that the friendly power might possibly decide in favor of tlie United States, or that the small portion of it belonged to His Majesty, and the remainder to those States — that either event would be extremely prejndicial to His Ma- jesty's Interest — that in the nnmber of nnpleasant eonse- qnences which wonld attend a reference? to a friendly Sovereign or State, independantly of the uncertainty of the decision, are the time it would occupy, and the expense attending such an appeal. His Majestys Agent further agreed with me, that Moose Island is of no moment to His Majesty, It had never been gi'anted by him to any of his Sultjccts: on the contrary the State of Massachusci s had granted it to citizens of the United States — admitting that the friendly Sovereign should decide, that this Island did belong to His Majesty, the present Possessors would, on taking the Oaths of Allegiance, be con- firmed in their titles to the Lands they held, while their senti- ments would probably remain favorable to the Interests of the United States, and from their having access to His Majestys other Territories, would in time of War have it in their power to communicate information to His Majestys Enemies. That this Island lay within less than half a mile of the American Shores, and consequently was at any moment liable to be taken possession of, unless defended by strong works, and a competent Garrison — That it was not worth this expense, nor, indeed either in an agricultural point of view, or for a fishery, of any value to the Crown. — That Frederick and Dud- ley Islands, adjacent thereto, were merely Rocks in the Bay of Passamaquoddy, extremely small and incapable of improve- ment, or, indeed, of being made useful in any manner what- ever. If an amicable decision could be effected by giving Moose Island with Dudley and Frederick Islands, its natural appendages to the United States, his Majestys Agent thought it would be an advantageous adjustment on the part of His Majesty, and infinitely preferable to leaving the question to be decided by a friendly Sovereign. Accordingly when I met the American Commissioner on the 6"* of October, I stated to him, that I had reflected on what he had suggested, and not- withstanding my conviction, that His Majesty's claim to all 394 COURESI'ONDENCE OP THOMAS BARCLAY the Islands was supported }»y inoontrovertiblt' evidt'iieo, that I was willinji^, in order that a decision mi^^lit bo nuido in prefer- ence to a report, to yiehl np a part of the Islands claimed by His Majesty, to wit, Moose Island and Dudley and Frederick Islands, on condition that all the other Islands in the Bay of I*assanuiquoddy, and (Jrand Manan, should be decided to be- long to His Majesty, lie appeared astonished that eitluir my- self, or his Majestys Aj^ent, had ever been serious in the claim for Grand Manan : represented its lying directly opposite the American Shores, and without the Limits of Sir William Alex- anders (irant, except a fractional part of it; and that he never could consent to decide that this Island belonged to Ilis Maj- esty. To these renuirks I replied, by declaring, that unless he acceded to my last proposal, the appeal should be made to a friendly Sovereign or State. Eventually he agreed to give up Grand Manan, provided I would add tlie Island of Campo Bello to the three I had offered to give to the United States. I told him he had my ultimatum, an ultimatum I had brought myself with much difficulty to offer, wliile under a conviction that His Majesty's Title to Moose, Dudley and Frederick Isl- ands was beyond dispute — It was not until the morning of the 9"', that I could induce the Commissioner on the part of the United States to agree to the Terms I had proposed, and then with great reluctance and apparent Hesitation, and only on condition that I would tinite with him in a Letter to both Governments, expressive of our opinion that the Eastern Pas- sage from the Bay of Passamaquoddy was common to both nations. This letter he penned while I wrote the decision, but the Letter was so corrected by me, as to render it a mere mat- ter of opinion, not official, on the part of the Commissioners and consequently not binding on either of the nations. Still I beg leave to observe to your Lordship, that I think the United States, in justice, and for preserving harmony be- tween the two nations, should be permitted the use of this Eastern Passage, or outlet into the Bay of Fundy. I have the Honor to enclose herewith a copy of that Letter, and of the decision, at present executed on paper. As the copying of the Arguments of the Agents, and of other papers THK NORTIIE...T BOUNDARY 395 JO, that 1 n prcfcr- linied by Frederick le Bay of led to be- ithor iny- the elaiiii )Osito the am Alex- , he never His Maj- unless he tiade to a give up )f Campo I'd States. 1 brought jonviction leriek Isl- lorning of lie part of )osed, and and only cv to both stern Pas- n to both vision, but mere niat- nissioners )ns. Still think the ■mony be- se of this lat Letter, ■. As the icr papers rociuired some Weeks, we ndjournod to the 24th of November, then to re-cxecute the deeision, to be engrossed on Parchnunit, and to deliver to the Agents tlio documents directed by the Treaty: all which will be done before the close of that month. It would be witlilioldiiig a Tribute justly due to tin; Talents, Industry, and uui-cjiiiitted attention, of Mr. (7hi[)man, His Majestys Agent, throughout the discussion which has taken place, and to his ]»rud(Uico in securing some valual)l(^ ])aper8 used under the Commission to which he was Agent in 1790, did I not state to vour Lordshiii how ablv he has advocated His Majestys (daim. This declaration in his favor would bo utinecessary, if it were in your Lordshiji's power to spare the time Avhich a perusal of his two arguments would require. I trust your Lordshij) and His Majestys other INIinisters, will a])prove of the de(!ision, wherel»y the Unit(!d States ac- q\iire only the same thi'ce small Islands, intended for them by the unratified conventions of 1S03 and 1H()7, while not only the Title to all the otiier Islands in the Bay of Passama- quoddy, in like manner secured to His Majesty by those (-on- ventions, is confirmed, but the Island of Grand Manan is declared to belong to His Majesty; — an Island justly re- marked, in a preceding part of this Letter, to be of more in- trinsic value and national importance, than all the Islands in the Bay of Passamaquoddy. TO MR. CHIPMAN. New York 8th November 1817. Dear Sir, I have read with no little pain, your sons Letter to you of the 24"* of October. It is distressing to think that a person, so unequal to the duty, as Col. Bouchette appears from his rep- resentation to bo, should have been appointed to a service, which required Talents, as well as professional knowledge with respect to the practical parts of the Surveys. Indepen- dent of every other objection, he is unfit for his office, if he is the timid Character represented by yoia- Son and bullied by the American Surveyor. Ascertain the fact, and give me the i| 806 CORRRSPONORNCK OF TFIOMAS RARf!LAY carli«\st inforniiitioii, that I may aoqiuiint Oovcrnmont. — I was not a litUo nurpriscd to find, yonr Son attacluMl incom- potenoy to Mr. (^aniplx'U, as W((ll as Co]: Bouclu'ttc, liavinf? always undorstood from you, that ho was fully (Miual to run- nitij; a plain, simi)lo North line. If tlu; fact is so, another must 1)(^ ])ro(Mir('d by you to sup[)ly his phuHs. Is young Mr. Odoll as clover and eomj)etont, as your Son roprestuits, if so write mo ofilttially reoommendinj; him, and T will recpiest Lord Castlei'cMfifh to ai)p(>iut him in the places of (^)l : Houohotto. If Odoll looks forward to suoeeed his Fathei", or to the future countonanco of Government, he will not refuse the appoint- ment. No time i.« to be lost, let me therefore hear froju you as early as possible. — I know so little of this North Line, or the consecpiencos which will follow if the llestifjouche is adopted as the River, whose; wat(M-s empty into the River St. Lawrence, that I (!an form no opinion. I observe what you notice at the foot of your Letter to me of the 'MY ult", namely that the River Restigouche empties into the Gulf of S' Lawrence by the Bay of Chaleurs, and not into the River. This is a decisive objec- tion, should it hereafter become necessary to avail ourselves of it. — Col. Bouchette however, in his Letter to your Son, speaks of the intersection of the Line with this River four miles North of the little Wagansis, as advantap^eous to His Majesty, as Great i^ri tain will partake in all the advantan^es of the Portapfe. — Is he correct on this point. — All must bo left, and I cheerfully do submit it, to you, who are as it were on the spot, and can acquire important information and advice from the Surveyor General and other Gentlemen well informed on the Subject. — On this Article we must exert ourselves, and do our Government t!.^ Justice it merits. I feel assured it is unnecessary to urge you or your Son to increased exertions. TO MR. VAN NESS. New York, 3'' December 1817. Sir, Although it scarce admits of a doubt, that the Secretary of the Board of Commissioners under the G"" & T"" Articles of the THE NORTHEAST nOUNDARy 397 KMlt.— I [ incioni- hiiviuf? to niu- anothcr uMjif Mr. its, if so est Lord letto. If e future appoint- Ill you as le, or the adopted lawrcnco, ice at the the River ^ the liay ive objee- oursolves rour Son, Ivor four LIS to His jitaj^es of st be left, ire on the vice from orined on ves, and Hired it is ertions. lev 1817. cretary of jles of the Treaty of (iflient lias addressed a letter to yon coiitainint^ a resohition of that Hoard on th(* LMJMi of October, still to pre- vent the possibility of your not having received it, I do myself th(! Honor to enclose you a copy. — By the resolution you will perceive that these ('onimissioners ai-e to meet at Hamil- ton ou the ir)tli of May next and that they are in the interval ready to n eive any communicuitions from you and me relat- ing to the „()int nuu'ting of the two Boards to estal)lish at the River Catera([uy the precise point where the paru'lel of tlu; 45 Degree of North Latitude intia'seot;-' that Rivei*. If I recollctit, in a letter I received frcm you during last Summer, you hinted an opinion that neit un* i\w Treaty of Ghent, nor tlu; Treaty of Peaces in \7H',\ to which it refers gave any directions to these Commissioners to establish this pre- (fiso point. In this I agree in oj)ini(m with you: but as they are to proceed (under the 5"' Article of the Treaty of (rhent) from the middle of that part of the River Inxpn Is or (!atera- quy where the parallel of the 45 Degree of North Latitude strikes that River, it becomes important to them to know the precise spot as a locus a (pio from which tlieir surveys com- mence. If this parallel is ascertained by the Astronomers un- der the two (Commissions separately, it is probable tliere may be a dift'erence of a few feet in the results of the astronomical observations in which event there would be two points estab- lished by the respective^ Boards as the parallel where the 45"' degree of North Latitude wheri; it strikes the River Catera(]uy. This if possible should be avfuded, and by a joint meeting of the two Boards prevented. Our Board stands adjourned to meet at New York early in May, at which time and })lace I take for granted the Surveyors of the exploring Party will attend as well as the Agents. It appears to me, that if we were to change the place of our meeting to Hamilton, or some other convenient place near St. Regis, and direct the Secretary, Agents, Dr. Tiarks and Mr. Elliciott the Astronomers and Mr. Bouchette and Mr. Johnson the Surveyors to meet us there, it would be attend d with little trouble or difficulty to them, indeed I conceive that I will be the only person materi- ally inconvenienced. By this measure we shall be on the spot, i( 1 ■■ :• 398 CORRESPONDENCE OP THOJIAS BARCLAY and r \\ arrange with the other commissioners the point of in- tersectioi^, while we can at the same time receive the reports of the Surveyors with respect to what has been done this Summer and give them such further directions as may appear necessary. These are my sentiments, but I am by no means tenaciious of them, if they coincide with yours I sl.all be happy, if not favor me with your reasons, so that we may return an answer to the Commissioners under the 6 and 7 Articles; and in the former event notify our Secretary, Agents, Astronomers and Surveyors, where and when to attend. Any day between the first and 10th day of May will suit me to meet our own Board, and the Board of the other Comni". ' ' n .1 TO MR. CHIPMAN. New York G"' Decr 1817. My dear Sir, I received a few days since your Letter of the 17"' of No- vember together with its enclosures, seven in number, for which accept my thanks. I am pleased to find, notwithstand- ing an expression <'ontained in one of your Sons Letters, that you continue satislied with the conduct of Mr. Campbell the Surveyor, as it corresponds with the character you had invari- ably given me of that Gentleman. I know not sufficient of the Country to form any Idea of the consequences which will follow adopting the Restigouche for the River whose waters empty into the River St. Lawrence, or how it will comport with a River to be found the Waters of which discharge into the Atlantic Ocean. This point, as I suggested to you in my Letter of the 8th ult. I leave wholly to your better information and judgment, with this one renuirk, that if adopting this river will tend to His Majestys Interest there can be no objection to falling in with the wishes of the Amei'iean Surveyor, and on the contrary should it be found prejudicial we may easily pre- vent the adoption of it, because it empties into the Bay of Chaleurs in the Gulf St. Lawrence, and not into the River of THE NORTHEAST BOUNDARY 399 int of in- eports of Slimmer lecessary. toBacious 111 answer uid in the )mers and tween the wn Board, )ecr 1817. IT" of No- imber, for witbstand- etters, that mpboU the had invari- Lifficiont of which will lose waters 11 comport iharge into you in my nforination g this river hjoction to ,'()v, and on easily pre- ,he Bay of le River of that name. If a Stream can be found whose waters empty into any River which discharges itself into the Atlantic Ocean, (nay I am not certain but even a Stream which unites with a River which pours its Waters into the Atlantic Ocean by the Bay of Fundy) such River, if it accords with the Interest of His Majesty should be pressed on the Surveyors as the River. If you are satisfied with Bouchette, all is well. In justice to our government, I beg leave to say, that it would have left the appointment of Astronomers and Surveyors to me, but as I did not know of any really able ones in America, and did not wish to assume that responsibility which would attach to my appointment, I requested the Foreign office to provide the Commission with adequate Astronomers and Surveyors. Still if necessary I am of oi)inion, and shall have no rcluctan(!e to appoint others, and supersede those now on that service. I enclose herewith the engrossed Decision of the Commissioners under the 4tli Article of tlie Treaty also the sheets of the Jour- nal to complete those you took on from Boston; and the Presidents message to Congress. You will notice the manner in which he informs Congress of the decision of the Commis- sioners. He tells the truth but not the whole Truth. Not a word of the Bay of Fundy or Island of Grand Manan. — I think this augurs he feels sore on the point, otherwise he would have added to which of the two Nations that Island had been decided.^ Although the Commission under the 5"' Article stands adjourned to meet here in May, I think it rather probable that we shall change the place of meeting to S' Regis on the S' Lawr^nlco, near the point of intersection of the Par- allel of the 45th Degree of North Latitude witli that River. Should it be so agreed upon between Mr. Van Ness and my- self, you shall have the earliest Notice. 1 "I have also the satisfaction to state that the Commissioners nndor tho fourt' artiolo of tho treaty of Ghent, to wliom it was referred to decide to which party the several islands in the Bay of Passamaquod- dy belonged, nndcr the treaty of 1783, have agi'eed in a report, by which all tho islands in the posses- sion of each party before tho late war have been decreed to it." — Pres, Monroe's Message, December 2, 1817. r*^ 1 H\ } II 1 tlf 1 jl 1 m i 400 CORRESPONDENCE OF THOMAS BARCLAY TO LORD CASTLEREAGH. New York T' January 1818. My Lord. In my Letters to your Lordship of the 5"' and 25"' of June on the Subject of the Surveys tlien about to be commenced from the source of the River St. Croix to the Highlands, one of the objects directed by the 3'' Article of the Treaty of Ghent, I acquainted your Lordship, that the Commissioners under that Article had appointed two sets of Surveyors, the one to run the due North Line and admeasure the distance, the other to precede them and endeavor to discover that point of the Highlands described in the Treaty of Ghent and in the Treaty of 1783 as forming the North West Angle of Nova Scotia. The last named party was denominated the exploring Sur- veyors, and consisted of Mr. Bouchette on the part of His Majesty and Mr. Johnson on the part of the United States, the principal Surveyors of both nations. — These Gentlemen have explored about one liundred miles north to a stream called the Wagunsis, which falls into the River Restigouche, which emptieth (not into the River St. Lawrence) but into the Gulf of St. Lawrence by the Bay of Chaleurs : It appears they consider this Stream to comport with the description in the second Article of the Treaty of 1783 respecting the High- lands, and the waters which empty into the River St. Law- rence. At present it is impossible to determine whether the adopting of this Stream will comport with His Majesty's in- terests. Waters falling into the Atlantic ocean correspond- ing with the words of the Treaty must be found before this result can be ascertained. Should the adoption of this Stream prove injurious, it can always be rejected on proof that the waters do not empty into the River, but into the Gulf of St. Lawrence. In the present uncertain state of the exploring survey, it was not my intention to have troubled your Lordship on the Subject. I have, however, been led to make the preceding remarks to show under what part of the Surveys Mr. Bouchette had been employed during the last Season, and to enable your Lordship the more readily to com- THE NORTHEAST BOUNDARY 401 ry 1818. if June on aced from )ne of the Ghent, I inder that )ne to run le other to Lut of the the Treaty va Scotia, oring Sur- art of His ted States, (jentlemen ) a stream estigouche, »ut into the It appears 5cription in r the High- ir St. Law- rhether the ajesty's in- lorrespond- 3efore this m of this d on proof ut into the state of the ve troubled jeen led to part of the g the last ily to com- prehend the enclo od copy of a Letter from Mr. Chipman, His Majestys Agent to me. Your Lordship will perceive from this Letter that Mr. Chipman is dissatisfied with Mr. Bouchette, that he thinks he wants at least practical professional knowledge, prudence, nerve and constitution, and on the whole is not a character in whom a matter of so much moment as ascertaining the Nortli West Angle of Nova Scotia can with safety be confided. Yet as his opinion is formed in some measure from conjecture and the reports of others, Mr. Chipman is unwilling that Mr. Bouchette should be superceded in his appointment, he there- fore reconnnends that I acceed at the meeting of the Board in May next to the proposition of the American Commissioner and Agent to commence running the parallel of the 45 Degree of North Latitude from the River Cataraguay to the North- westmost head of the Connecticut River, and to employ Mr. Bouchette on this service, which will be simple and over a tract of country generally under cultivation, in addition to his remarks, I beg leave to add that Dr. Tiarks His Majestys Astronomer and the American Astronomer Mr. Ellicott will be always near the Surveyors to correct any error. Indeed the Surveyors on this Line will have only to run and measure on a due east course from one station to another of the paral- lel to be established by the Astronomers. If this proposal meets your Lordships concurrence, I will in May assign to Mr. Bouchette this part of the Service. — A Surveyor in this event will be wanted to fill the place of Mr. Bouchette on the exploring survey to ascertain the Highlands, North of the Source of the River St. Croix, that divide those Rivers which empty themselves into the River St. Lawrence, from those which fall into the Atlantic Ocean. Mr. Chipman has named, Mr. Odell the Present Secretary of the Province of New Brunswick, Son of the late Secretary of that Province, as a Gentleman every way qualified for this important Service, a Service infinitely the most material under the 5th article of the Treaty. He is however under an apprehension that Mr. Odell will not feel inclined to undertake so laborious a task on his or my request. I have no knowledge of Mr. Odell, but 36 402 CORRESPONDENCE OF THOMAS BARCLAY i ! the confidence I place in Mr. Chipmans prudence and judg- ment loads me to consider Mr. Odell as the most proper per- son to execute this duty. Should your Lordship think proper to adopt Mr. Chipmans recommendation it will be necessary for your Lordship, or Earl Bathurst to whose department as Secretary of New Brunswick he more imvjj<'(i|||f^ly belongs, to write him a Letter, expressive of the WijlW^Wl' Government that he should undertake this Service, and ttiht it is expected he will not decline doing it. The Letters on this Subject to Mr. Odell and to Mr. Chipman require dispatch. Mr. Chip- mans Letter to me, whereof a copy is enclosed, is confid.otial, and I feel it my duty to request your Lordship will be pleased to consider it such, and that it may not be communicated to any person, other than His Majestys ministers.^ FROM DR. TIARKS. i Sir. On the Old Line east of Lake Champlain, Oct. 15, 1818. Your letter of the 29th Sept. I had the honor of receiving to-day. I returned last Monday from the Station at Odell- town- and found Mr. Hassler'' according to our agreement en- camped on Lake Champlain on the Old Line nearly opposite the American fort. I had no time to calculate my observations iCol. Bouchotte never rendered any furtlier service on the survey, declining, it would seem, to act under Dr. Tiarks ; and he was finally discharged by an order of Lord Cas- tler"agh, dated July 10, 1819. The commissioners under the 5*'' Article met this year (1818) at Burlington, Vermont, in the mouth of May, and there settled some matters relative to the survey of the line running north from the head of the St. Croix. From Burlington, the commissioners went to Montreal, and thence to St. Regis, where they gave instructions for running the line of latitude 45° eastward along the States of New- York and Vermont, and about the middle of June they adjourned to meet again in the spring of 1819. 2 A small village in Canada, near Rouse's Point. 3 Ferdinand R. Hassler was, like Dr. Tiarks, a native of Switzerland. He was the first superintendent of the Coast Survey, and planned and directed that great work until his death in 1843. THE NORTHEAST BOUNDARY 403 id judg- iper per- i proper ecessary bment as longs, to ernment expected ubject to Ir. Chip- fid.fltial, e pleased licated to aplain. 15, 1818. receiving at Odell- seincnt en- opposite Iservations linstructions latitude 45° ,te8 of New- |1 about the iljourned to |g of 1819. lanada, near [er was, like Switzerland. tntendent of jlanned and Irk until liis at Odelltown made with the instrument you lately sent to me, but one which I had tried gave the Old Line about ;5000 feet too far north. Lieut. Vinton culcuhited one in which he placed great confidence and found the Old Line 35" (about 3535 feet) north. Surprising as these results were yet their agreement made me think that they are correct. When I ar- rived at the Camp and informed Mr. Hassler of what I had found he expressed his belief that the Line was likewise too far north at this place. You may easily imagine my ardent desire to make observations with the repeating circle, but neither the observatory was finished nor the circle placed. I then took immediately the reflecting circle of Mr. Hassler and to my astonishment two observations of the Sun which agreed remarkably well gave my Latitude 45" 0' 38". That is about 3838' North of the Parallel of 45° which I observed on the old line. I communicated it to Mr. Hassler and to my still greater surprise heard that the few observations he had calculated brought the old Line still farther north, that is about 46" (4646') which had likewise been so unexpected to him that he could at first not credit it. He then calculated some others and obtained with little difference the same result. Most anxious to get as quickly as possible at the truth he communi- cated to me an observation of the Pole Star, which I calculated this morning. The result of the whole observation consisting of two series of repetitions gave about 40" nearly the same which my own two Solar observations had given. Lieut Vin- ton yet ignorant of our result then began to calculate observa- tions of Ms own made with a reflecting circle and obtained only 12" north ; another however gave him 50". These are all the observations hitherto calculated. They are taken by three different observers with three several instruments of two dif- erent constructions on different celestial objects and leaving out Mr. Vinton's one observation, which being a star observed by the reflecting circle deserves naturally less credit, they seem to indicate that the Old Line is about ^ mile too far north. The distance of the Fort built by Col . jtten from the Old Line is reckoned less than half a mile : the other now building is very near it and there seems therefore, hai'dly to 404 CORRESPONDENCE OP THOMAS BARCLAY remain any doubt bnt that both Forts arc on British territory ! I have been thus particular in detailing to yoii what knowledge I have and on what it is founded as this point is of extreme importance and as I thought it necessary that you should be informed of it as soon as possible. We have thought it ad- visable to keep this a profound secret ; nobody knows it as yet except those who calculated themselves, and even most of our Assistants are still ignorant of it. Lieut Vinton goes tomor- row to the American Agent and Mr. Hassler has written to General Swift about it partly with a view of obtaining a Zenith Sector ordered in London which may be expected to have arrived as it will be his duty to insist on the most accur- ate determination of this point. It is Mr. Hassler's opinion that the success of our operations might be endangered if this matter became generally known by the irritation which such a thing may produce on the minds of the lower classes, and he has requested me to keep it secret as long as possible. Whether such fears are grounded or not I cannot say being too little acquainted with the inhabitants of this State.^ As I have perfectly laid open to you whatever I know I think to have discharged my duty and shall quietly continue my operations and await the further results. I am, &c., T. L. Tiarks. the people there. ... I told Bagot I thought it was nothing but a mag- got in the brain of Hassler, and that there was no danger whatever. But I promised to mention it to the Pres- ident and inform him of the result. I found Crawford and Calhoun with the President, and told them of Ba- got's communication. Notice of the fact that the astronomical observa- tions are likely to depi'ive us of our two new forts had been received yesterday from Colonel Totten by a letter from Hassler, bnt the Presi- dent and Calhoun laughed at the idea of the apprehended rebellion against the astronomers in Ver- mont." — Diary of John Quincy Adams, October 28, 1818. 1 " I was going to the President's, but was detained half an hour by Mr. Bagot, who came, in much agi- tation, wit a letter he had just re- ceived from Mr. Barclay, the British Commissioner under the fifth Ai-ticle of the Treaty of Ghent. It appears that in running their forty -fifth par- allel of latitude they find, by tlie ob- servations of the astronomers on both sides, that the existing line touchin upon Lake Champlain is about three-quarters of a mile too far north, and that the new line will bring two forts lately built by us within the British territory. Hass- ler, the American astronomer, is so much alarmed at this result that he is afraid there will be a riot among n-itory ! owledgo extreme 3onl(l be ht it ad- it as yet st of our !S toinor- ritten to aining a jected to »st accur- s opinion :ed if this hich such es, and he Whether too little ^s I have k to have operations TlARKS. told Bagot but a mag- [ler, and that ,tever. But to the Pres- the result, alhoun with them of Ba- otice of the |cal ohserva- |ve us of our jcn received Totten by a t the Presi- ;hed at the id rebellion TS in Ver- i/irt Qtiincy CHAPTER IX LAST DAYS FEW records exist of the last twelve years of Bar- clay's life; and, indeed, it was a quiet old age, disturbed by no unusual incidents and marked by no extremes of good or evil fortune. The chief public duty which remained still to be performed was the closing up of the affairs of the commission under the fifth article of the Treaty of Ghent. It had become perfectly clear, as early as the beginning of the year 1819, that Barclay's first impres- sions were correct, and that the difficulties in the way of an adjustment of the northeast boundary were so great as to preclude all hope of the commissioners reaching an agreement. From that time on, the efforts of the representfitives of both governments were strenuously devoted to collecting evidence favorable to their re- spective claims, and to making up a record for submis- sion to an arbitrator. The work of surveying progressed with exasperating slowness, and the public, on both sides of the Atlantic, condemned the commission for their delays and for the heavy expense which they incurred. But accurate sur- veys were indispensably necessary ; and the country to be explored was extraordinarily difficult and the sea- son for operations extremely short. The commission sat in New- York in May, 1819, and again in Boston in May, 1820, but nothing beyond rou- 26* 406 406 CORRESPONDENCE OP THOMAS BARCLAY tine business could be transacted. Maps wore filed, surveyors and astronomers were instructed, and ac- counts were audited. At len<2^tli it was agreed that the surveys had so far progressed as to allow the commis- sion to proceed to a discussion of the principles which were to bo followed in running the line. A meeting for the purpose of hearing arguments was fixed for Octo- ber 23, 1820 ; but Mr. Chipman, the British agent, was unable to attend, and an adjournment was taken until the spring. The next year, 1821, the commission went industri- ously to work. They sat in New- York from May 14 to Juno 9 ; again from August 1 to August 14 ; and finally from September 20 to October 4, when the argu- ments of the agents were completed, and a long and ill- tempered discussion between them was finally brought to an end. The commissioners separated upon the un- derstanding that separate reports were to be brought in, and that the winter was to be devoted to a prepara- tion of all the reports, maps and papers in duplicate which the Treaty of Ghent required should be laid before each government. On April 1, 1822, the final session of the commission was begun in New- York. The accounts were audited, the minor employees paid off, the reports were read, and finally, on April 1.3, the commissioners formally entered on their journal their failure to agree, and ad- journed until the further pleasure of the two govern- ments should be known. Their disagreement was complete. They did not even unite in reporting a gen- eral map of the region in dispute, but filed instead a mass of disconnected surveys. They differed as to the location of the northwest angle of Nova Scotia ; as to the situation of the "highlands"; as to the sou^'^^e of w LAST DAYS 407 filed, aid ac- hat the omrais- s wliieli ting for )r Octo- Biit, was en until ndustri- May 14 14; and bhe argu- g and ill- ' brouglit n the un- bronglit , prepara- duplicate 1 be laid mmission audited, ere read, formally I, and ad- |o govern- eut was ng a gen- instead a as to tbe ttia; as to sou^'^'e of the Connecticut River ; and even as to the parallel of 45° north Latitude.^ The report of the American com- missioner was compai'atively brief, the copy filed in the State department at Washington covering only severity folio pages of a rather small manuscript. Barclay's re- port was much more elaborate. Written in a very similar hand to that of his colleague's report, it extends to 322 folio pages, to which are added 177 i)ages of appendix. It is a complete review of the subject in all its phases, and contains, besides an historical account of the boun- daries of the provinces of Nova Scotia, Quebec and Massachusetts, a discussion of every argument advanced on either side. These reports have never been printed in full, but liberal extracts were printed as appendices LIII. and LIV. (pp. 371-398) to the " American Case presented to the King of the Netherlands " (Washing- ton, 1829), a volume not published, but which is to be found in some of the larger libraries. The subsequent history of the northeast boundary question is not a little curious. The event of a disa- greement between the commissioners, contemplated by the Treaty of Ghent, having thus arisen, It had now become the duty of the two governments to submit their dispute to " a friendly sovereign or State " ; but the terms of the treaty were so vague in respect to methods of procedure that more than five years were consumed in desultory discussion before the needful arrangements could be made. At length, in September, 1827, Albert Gallatin, then United States Minister in London, negotiated a treaty by which all the points 1 The U. S. agent claimed that Point ; but the commissioner, Mr. geocentric, instead of (jcixjrnphical Van Ness, expressed no opinion on latitude should be taken, the result this point in his report, of which would be to save Rouse's W' 408 CORRESPONDENCE OP THOMAS BARCLAY wore covered. This treaty recites that the reports of the commissioners and the annexed documents are " so voluminous and complicated as to render it improbable that any sovereign or State should be willing to under- take the office of investigating or arbitrating upon them," and it is thereupon agreed to submit instead a new statement of facts on each side, accompanied by a general map — which is annexed to the new treaty — showing the watercourses and the boundary lines as contended for by each party respectively.^ The state- ments of the parties were to be exchanged within fif- teen months of the ratification of the treaty, and replies thereto in six months thereafter; and the statements and replies were then to be submitted to the arbitrator. If a hope was really entertained of shortening the arguments to be submitted, that hope must very soon have been dispelled. The case could not be presented briefly. An enormous mass of printed matter was pre- pared by the representatives of each party, and during the year 1830 this great bulk of assertion and argument was laid before the King of the Netherlands, who had consented, in a rash moment, to act as arbitrator. On January 10, 1831, the arbitrator made his report. Instead of simply deciding the questions submitted to him, the King declared his inability to decide upon the line truly intended by the treaty of 1783, and he pro- posed instead a new line as a matter of compromise which— he suggested— it would be suitable {II conviendra) to adopt. Instead of following "highlands," the line was to run through a valley, proceeding along the mid- dle of the rivers St. John and St. Francis. The diffi- culty in regard to the parallel of 45 north latitude •was got around by proposing to run the line according 1 See a copy of this map, which is known as Map A, ante page 44. LAST DAYS 409 )l'tS of re " so obablo midor- ; upon stead a 2d by a eaty — ines as B state- ;hin fif- [ replies Lements )itrator. ing the >vy soon resented was pre- 1 during fgument vho had or. Is report, liitted to pon the he pro- promise viendra) the line lie mid- 'he diffi- latitude cording age 44. to the corrected observations, but to save Rouse's Point to the United States by describing a semicircle round the fort. The award was satisfactory to neither party, and was rejected by both, and has never been published. Matters now seemed more unpromising than ever. Public feeling ran high, especially in Maine and New Brunswick. On one occasion, in 1838, certain British subjects having cut timber on the disputed territory, a Maine constable was sent with a posse to drive them off ; but he w^as himself arrested and imi)risoned by the provincial authorities. The militia were ordered out, and actual warfare seemed for a time to be close at hand, until good sense prevailed, and " the Restook War " became nothing but a local reminiscence.* The Webster-Ashburton Treaty in 1842 finally put an end to the whole troublesome business, not without blustering from Benton in the United States Senate, and Palmerston in the House of Commons. The at- tempt to find the northwest angle of Nova Scotia was given up. A line intermediate between the extreme pretensions of the two parties was drawn. And the unquestionable British claim to the line of 45° north latitude was surrendered, the old incorrect line of 1763 being retained as the northern boundary of New- York and Vermont. Precisely twenty years and six months elapsed from the day the boundary commission ad- journed sine die in New-York until the ratifications of the Webster-Ashburton Treaty were exchanged in London. On that same day of the adjournment of the com- mission, Barclay paid Messrs. Isaac Wright & Son thir- 1 Some account of the negotiations between the authorities on the border will be found in General Scott's Autobiography, Chap, xxiii. f a !/" \ i^. m h 410 COItHRSPONDENCE OP THOMAS BARCLAY ty-fivG pfuiiiotts passa^o-monoy for a berth in tlio ship James Cropjxr ; and a day or two later ho sailed for England, aeeompanicd by Mr. Chipnian. They landed at Kinsale, in Ireland, crossed the channel from Cork, and posted to London, arriving there early in June. Thoy took with them the reports and records of the commission to be filed in the Foreign Office. Their business was soon settled, and Barclay probably found less to attract him than when ho had first visited Eng- land nearly twenty y(uirs earlier. Before the summer was over he was ready to return, and ho sailed from Liverpool in the Jamas Thompson, \'d\\i\m^m New- York on September 7, 1822.' On his return from this his last visit to England, Barclay was sixty-nine years of age, and the story of his remaining years may be told in few words. His work was done, and increasing infirmities put a per- emptory stop to further activity. In the summer of 1823 he hired a country place on Manhattan Island, which comprised a house and twelve acres of land. It lay on the Eastern Post Eoad, near the four-mile stone, sloping down to where a cove set in from the rocky shores of the East River. The waters of the little cove were shallow, and aft'orded a safe an- chora'i^e for small craft away from the swirling tides that rough the narrow passage between Manhat- t iiiackwell's Islands ; and Rock Harbor was the J which was given, appropriately enough, to the ou-Durban villa. The site of it is covered to-day with breweries and tenement-houses, and it lies just east of 1 He paid forty guineas for the ward. Owing to the prevailing west- westward trip, the rate of passage erly winds the voyage from England this way, according to the usual cus- was commonly the longer, torn, being higher than to the east- LAST DAYS 411 le slnp led for landed 1 Cork, I June, of the Thoir y' found id Eng- mmnier )d from )W-York Ingland, story of ds. His it a per- place on d twelve )ad, near cove set e waters safe an- [iig tides Manl^at- • was the [i, to the ,ay with ;t east of [ailing west- 3in England Third Avenue, hotweon Forty-fifth and Forty-seventh streets in tlio city of New- York. Barclay was [)leased with his modest country-seat, and in March, 1H'J4, ho bouglit it of the owncn*, paying ^MM) an acre for it, or $GOUO in all. He remained in [)ossession of the property until the summer ])efore liis death, when he sold it for $9000, thus realizing a profit of fifty per cent, on his investment. His life was easy and uneventful. His grandchildri^n were multiplying and growing up about him, and his estate was prospering. He occupied himself with little household occupations, and noted with care the days of his migrations from town to country, and from country to town. A visit to Maryland, another to New- port, another to his son, Henry, on the Hudson River, were duly recorded ; and with them the bottling of his Madeira, and the days when servants were engaged or discharged. One reads in his note-books how he paid his coachman fourteen dollars a month, his gardener t^n, and " Cicely, a black cook," only seven ; and one observes further down, without surprise, that Cicely was " dismissed for incompetence " at the end of a month. Lists were kept of the guests at his dinner-parties, and he made precise notes of his engagements to dine abroad. Thv^ old gentlemen, his friends, were mostly " warm Federalists," though Federalism, hot or cold, had ceased to be — Mr. Gracie, Mr. Ray, Dr. Hosack, Mr. Varick. Hours were earlier than at this end of the century. Mr. Waddington, and Mr. Jauncey, and Mr. Moses Rogers, we find, dined at fi\o o'clock; but Mr. Low and Mr. H. Rogers dined at the less dissipated hour of four. In October, 1825, the fiftieth anniversary of Barclay's wedding came round. All the surviving children were 412 CORRESPONDEXCE OF THOMAS BARCLAY ;ii ii; I.' • :ri: J at hand, except Maria, who was away with her hus- band in British Guiana, and De Lanoey in England. De Lancey had this year been made a colonel by bre- vet, and aide-de-camp to King George IV.; and he had now at last married, being forty-five years of age. George had given up his notions of settling in England, and was now e^'tablished as a successful merchant in New- York. The spring of the next year brought the ill news of De Lancey's death — of pneumonia, it would seem — only a very few days after the birth of his child, a little girl, who died young. His death was a bitter blow to his father, who had always cherished a peculiar affec- tion for the handsome soldier. Financial worry came also through Henry, the eldest son, who had retired from business in New- York, and had embarked in ra- ther ill-advised ventures at Sanger ties, in Ulster County, where he established iron-works and a paper-mill that absorbed a great deal of money, and made no returns for a long time afterward. But there were good days as well as evil, and time on the whole passed by not unhappily. Barclay's health, for the most part, continued good, though there were long intervals in winter when fear of cold weather kept him in his house. In particular, and most fortu- nately for him, his mental faculties and his eyesight were unimpaired, and letters written almost in the last month of his life show no change either in their style or in the small and rather difficult handwriting. From the summer of 1829, however, he began to fail rather rap- idly. The end came at last on Wednesday, April 21, 1830. In the words of a book which he loved, he was gathered to his fathers, having the testimony of a good conscience ; in the communion of the Catholic Church ; LAST DAYS 413 her hus- 3ngland. by bve- d he had of age. Bnglaud, chant in news of seem — 1, a little blow to ar affec- •ry came I retired id in ra- ' County, mill that ) returns in the confidence of a certain faith; in the comfort of a reasonable, religious and holy hope; and in perfect charity with the world. ^ S ate Thli ' !^^"!^,^^^" ^^^^^'ly eighty-two years oflfM l7-^'!u^'™^ together, in the churchyard ot bt. Mark's m the Bowery. md time Barclay's Lgh there weather 3t fortu- eyesight . the last ' style or I'rom the her rap- ipril 21, , he was •f a good Church ; m |H ^m [ '. 'H£r« 1 ;;■ Pi h> . ^ 1' 'l ■U , u ff'ii'' 1 1 " liii '■I'. m m APPENDIX CHILDREN OF THOMAS AND SUSAN BARCLAY '■ 1776^ rtrf '. l"""'] '* '^^"^^^"^' ^- Y., December 3, I7 nqr r !f f^^/^' Livingston of New-York, June 17, 1796 ; died at Harlem, June 21, 1817. 2. Henry Barclay, born .. New- York, October 27 1778 • England, March 29, 1826. ^o^o,aieam 4. Maria Barclay, born in New-York, June 27, 1782- mar '' D™bef4'™''^'''"I'.''T ^' ^'''"'"' No™ Scotia, l>eeember4, 1783; mamed Catherine Channing, February 14, 1821 ; died at New-York, January 30, 1838 ^ "■ !rvT nsT"''' "-T;"* ^"""P""^' N"™ Scotia, F.oru. ary 6, 1780, married Peter Gerard Stuyvesaut of New- Yori., August 20, 1803, died at New-York, Jauuary M, ''' SeZ'n ^T'Z ^'''''^"^' ''O™ »t Anuapolis, Nova Scotia, December 22, 178G; died at New-York, June Vo, 8. Ann Bakclav, born at Annapolis, Nova Scotia, December 7 1788; married William B. Parsons, E. N., May 29 1815; died at New-York, June 20 1869 9. Geoboe Baeclav, born at Annapolis, Nova Scotia, July t'JI I . """^ '^"™ *'''t"'J'' AufrSre, December 8 1818; died at New Hamburgh, N. Y, July 28, 1869 415 416 APPENDIX 10. Anthony Barclay, born at Annapolis, Nova Scotia, Sep- tember 27, 1792 ; married Ann Waldberg Glenn ; died at Hartford, Conn., March 21, 1877. 11. Clement Horton Barclay, born at Annapolis, Nova Scotia, August 3, 1796; and died there in September, 1797. 12. Cornelia Elizabeth Stewart Barclay, born in New- York, May 23, 1801 ; and died there, June 28, 1801. \tA ^ cotia, Sep- u ; died at olis, Nova lepteinber, a in New- , 1801. INDEX 37 r ii w w H ' i ' ^'4 ^n 1 ' M ii |l.i!i INDEX ^ILiV^^ ""^'^ effectual preserva- 220" 222 P^''''^' ^^''■' -1^' -14, 219, '^tS'I'^r'- *^««™«"y as to map used at Pans in fix ntr Northeast Boundary, 66, 73-75; probably ?e elected President, lis AdSif °'^'' ^1""°^' 375, 378, 404. Admiralty, Courts of, American eom- 120 13^°''^™'"^' ^^^' reform in, Africaine, H. M. Ship, 291 in (1/07-1722), 4 ; Rev. Henry Bar- 1746) 7"" '''' ' ''^^'■^y'"'^" in (1738- 392. ' ' ^^' ^^^' 3'*' 3^9' =^«9- ^^^^PJs^te naming of Sovereigns in public documents, when rule to be followed, 381, 382. Ambuscade, French Frigate, 173 American Ships of War? reasons of i«X^''''^oV *^^t^o"s with Brit, ish Ships, 336-338. Analostan, American Brig, 333 Analostan Island, residence of Gen John Mason, 314. Andromache, H. M. Ship, 126, 129, Annapolis, Nova Scotia, 25, 29, 35, Asia, H. M. Ship, 15, ^^;^ra,n^ewspaper, attacks Col. Bar- ^'fe/.T^?.'^-' American agent tf^Zl!'^?£T,?\^'\9''^L' under the fourth article of the Treaty It Ghent, 359, 376. ^ ^t^w' ^?^«^ES, British Minister at Washington, 375, 404. Banks, Sir Joseph, 378 Baker, Anthony St. John, British ttTSr32l,'^32l^""" '^*^-^-^- Barclay, Andrew (of Newtown, L.I.), Barclay, Ann (daughter of Col. rhoinas Barclay), 318, 351, 415- marries W. B. Parsons 365.' Barclay Anna Dorothea (wife of Beverly Kobinson), 9. Barclay, Anthony (of Albany), 6. Barclay^ Anthony (son of Col. Tho- mas Barclay), 416 ; at school in Nova Scotia, 96, 206 ; goes to Eng- land to study for the bar. 258 • appointed British Commissiouer under the sixth and seventh ar- ticles of the Treaty of Ghent, on the death of Mr. Ogilvy, 356 : mar- ries Ann Waldberg Glenn, 365 N«w^v^?^^n''i^y' 41^ ' removes to New York, 96; death of, 146 Barclay, Catharine, 9. Barclay, Clement, 77, 416. BeYanXrf ^"^'^ '' ^^^^'^^^ %t:S'a?SSySS'l;r^ "«^- Barclay, David, emigrates to Amer- ica and dies at sea, 2. Barclay, De La^ncey, 415 ; serves in a JNova Scotia regiment, 95; ap- plies for commission in the regular army, 104; Ensign in 41st Foot" 105; goes to Montreal, 117; pro- moted 135 ; goes to England 145 ; promoted to be Captain, 206 226- Major and Lieut.-Colonel, 258 • appointed to the Guards, 318 ; pro- moted to be Colonel and marries Mary Barclay, 412 ; his death, 412. Barclay, Eliza (wife of Schuyle^ Livingston), 61, 415; her death, ^m^^'q^^/^'*^^' 41^5 at school in NovaScotia, 96, 206; comes to New York m 1808 and goes into business with Henry Barclay, 258; marries Anna Matilda Ailfr^re 419 420 INDEX hhHi. I I. i\ ' i ' Barclay, Rev. Henry, born at Albany, graduated at Yale, 5 ; rector of St. Peter's Church, Albany (1738- 1746), 6; rector of Trinity Church, New York (174G-1764), 7 ; marries, 8 ; Doctor of Divinity, 10 ; his death in 17G4, 11. Barclay, Henry (son of Col. Thomas Barclay), 41.'); a clerk at Halifax, 95; removt^s to New York, 96; warns British frigates, 199, 1201 ; enters into partnership with Mr. Kumsey, 206 ; becomes a success- ful merchant, 258 ; coniuiunicates with British men-of-war, 269 ; marries Catherine Watts, ;)65 ; fi- nancial difficulties, 412. Barclay, John, settles in East Jersey in 1683, 1 ; dies 1731, 3. Barclay, Maria (wife of Simon Era- ser), 97, 415. Barclay, Mary (widow of Rev. Hen- ry Barclay), 11, 31. Barclay, Robert, Governor of East Jersey, 2. Barclay, Susan (daughter of Col. Thomas Barclay), 415; marries Peter Gerard Stuyvesaut, 148; her death, 206, 209, 215. Barclay, Susan (wife of Col. Thomas Barclay), 16, 36, 413. Barclay, Rev. Thomas, takes orders, 4 ; dies 1722, 5. Barclay, Thomas (of Albany), 6. Barclay, Col. Thomas, born in New York 1753, 1; education, 12; grad- uates from King's College, 14; studies law, 15 ; marries Susan De Lancey, 16 ; settles at the Walkill, 17 ; joins the British Army in 1776, 19, 22 ; military service, 22-28 ; set- tles in Nova Scotia, 20 ; life at Wil- mot, 28; member of Provincial As- sembly 1785, speaker 1793-1799, 30 ; raises a regiment in Nova Sco- tia, 30 ; education of his children, 40 ; Commissioner under Jay's Treaty, 46 ; revisits New York, 47 ; unites with American Commis- sioner in appointment of Egbert Benson as third Commissioner un- der Jay's Treaty, 58, 62; attends meetings of commission, 64-66, 73-75, 90-94 ; signs report of Com- missioners, 90 ; appointed British Consul-General at New York in January, 1799, 95 ; takes up his resi- dence there, 96; salary in arrears, 99; rumor of efforts to supplant Sir John VV^entworth, 114 ; visit to Englanni,207; on (l(H'lar- is loilgiiit?8 iited Agent E war, 313 ; States via ''asliington, n, 315; or- densburgb, 18 agent for dered to re- , 317, 345; . 1814, 318; ccounts for iiors of war, issioner un- articles of ; returns to es duties of loubts possi- heast Boun- ouse at Har- jv York, 365 ; Foreign Of- L'S and com- sioner under nt, 365-370; mmissioners in Passama- les separate o Northeast for Europe ,urns to New a country er, 411; bis of Col. Tbo- Lters British L, 127; pro- ..., .-. , pro- it, '206 ; com- ,ost captain, |ay, 318. ies,U.S.N., S. N., 101. 3 Col. Bar- ), 351, 352. \6, 377, 380, bnt for Amer- ind, 313, 320. Bell, Isaac, 158. Benson, Egbert. 9, 13, 31 ; Commis- siouor under Jay's Treaty, 40, 51, 58, 6'J; views concerning River St. Croix, 91-93; views concerning title to Mooso Island, 285. Benson, liobert, 8, Borceau, French Corvette, 125, 127, 129. Bercsford, Capt., R.N., 207-209, 226, 228, 230, 240-242. Berkeley, Vice-Adniiral, 243, 247, 249, 258, 262, '266, 267, 271. Berlin Decree, 253, 262. Bickerton. A, 398, 402. Chiptitneticook Kiver, 45, 68, 70, 81 ; source of, to be adopted as source of the St. Croix, 88; Howell's ar- gument concerning, 91 ; finally adopted by Connnissioners as Kiver St. Croix, 92, 93. Clarkson, David, 11, 12, l.'y. Cleopatra. II. M. Ship. 129. Clinton, DeWitt, introduces resolu- tion in State Senate adverse to claims of dower by widows of per- sons attainted of treason, 139; com- ments on his course, 140 ; ap- pointed Mayor of Now York, 153 ; correspondence with, 157, 163, 223, 233, 236 ; name mentioned as Vice- President, 307. Clinton, Sir Henry, certificate from, 26. Cochrane. Vice-Adrairal Sir Alex- ander, 206, 244, 247, 259, 274, 277, 278, 290, 317, 347, 348, 350, 351, 352. Cockburn, Captain George, R. N., 153, 154, 156, 157. Coin in New York banks, difficulty of jtrocuring Spaiush dollars, 1.^)6, 18< ; o lality of gold, 208, 209. Colden, Cadwallader (Lt.-Qov.), 12, 16, 18, 37. Colden, Cadwallader D., 113; em- ployed as attoriK'V for Margaret De Lancev. 121-123, 138-143. Coldenham. N. V., 18. Colibri, H. M. Shi|), 257, 30.5, 312. Columbine, II. M. Ship, 269, 270. Commissions under Jay's Treaty, variations in terms of, 57, 72, 77, 78, 86. Compton, Captain, B. N., 183. Connecticut Kiver, northwestern- most head of, 364, 365, 375, 380, 384, 407. Constellation. U. R. Sliip, 101. Constitution, U. S. SInp, 295, 312. Cook, Thmnas, wrongfully im- y)ressod. 155. Cooper, Dr. Mvles (President of King's College, N. Y.), 12, 15. ('ornbury, Lord, 3, 4. Cox and Greenwood, army agents in London, 104; purchns(> a conmiis- sion for Do Laneoy Barclay, 105. Coxe, Daniel, 136. Craig, Gen. Sir James, 270, 275, 288 ; unjustifiable conduct in corre- sj)oiidiiig with Henry, 306. Croke, Alexander, Judge of the Ad- miralty Court in Halifax, 134, 242, 289. Cruder, John Harris, 13, 22. Oybele, Freiich Frigate, arrives at New York, 159 ; description of, 160; watched by British naval force, 161-163, 167, 175, 176; plans to intercept when leaving New York, 179, 188, 191, 192, 195, 196; escapes through Long Island Sound, 197-199; arrives safely in France, 201 ; arrives at Norfolk disabled, 243, 244. Decrees op Napoleon restricting neutral trade, 253, 256. Deer Island, Passamaquoddy Bay, 360. De Lancey, family of, 17. De Lancey, Alice (wife of Balph Iz- ard), 127, 146. De Lancey, Anne (wife of John Cox), 61. De Lancey, Col. James, raises Tory INDEX 423 difficulty lars, ir)(), 3ov.), 12, 113; cm- Margarot -143. Of), 312. 59. '270. 's Treaty, 57, 72, 77, 1S3. ,li western - , 375, 380, 101. 29r», 312. fully im- cMident of 12, 15. y ai^onts in " a commis- pclay, 105. ro, 275, 288 ; in corre- 306. , of the Ad- kx, 134, 242, arrives at riptiou of, itiwh naval , 17(5; plans avinf? New 2, 195, 196; )iifX Island s safely in at Norfolk restricting toddy Bay, If Ralph Iz- [o of John Iraises Tory regiment, 17; settles in Nova Seo- tia, 25. Do Laneey, James, loyalist a>;ent in England, 17; forfeited estate of, 109. De Lp I'ev, Jane, mari'ies John Watts, Jr., 1(). De LaiK'i'v, Margaret, widow of James, 109; claim of dower in prop- erty in New York, 110-112, 121- 123, 137-143, 209. De Laneey, General Oliver, 17, 27, 135. De Lanccy, Peter (of Westchester), 16. De Lancey, Stephen, marries Cor- nelia Barclay, 9 ; Colonel in Brit- ish service, 17. De Lancey, Susan, maiTies Thomas Barclay, 16. De Lancey, Sir William Howe, killed at Waterloo, ,356. Do Monts, Siour, occupation of Isl- and of St. C^roix by, 59, 05. Desertion of British seamen, extent of, in 1799, 100 ; deserters enlisted inU. S. S. Constellation, 101 ; jm)- posed law to arrest destu'ters in Now York, 10(i-109; desertion fromll. M. S. Phaeton, 153; Brit- ish seainen in American frigates, 179, 216; desertion from British cutter, 220; proclamation otTering pardon to deserters returiiiTig to duty, 267; few British seamen willing to enlist in Royal Navy, 269, 274 ; loss of men from 1 1. M. S. Colibri, 305 ; many British seamen, most of them deserters, on Ameri- can frigates, 337. Detroit, Hull's surrender at, 312. Didon, French Frigate, arrives at New York, 159; description of, 160; watched by British naval force, 161-163, 167, 175, 176; plans to intercept when leaving New York, 179-181, 188, 191, 192, 195, 196 ; escapes through Long Island Sound, 197-199 ; arrives safely in France, 201. Diggio, John, wrongfully impressed, 295 297. Dougia*ss,"Capt., R. N., 100, 125, 158, 167, 171, 174, 178, 206. Dower claimed by widows of per- sons attainted of treason, 103, 110- 112, 121-123, 137-143. Draeyer, Andries, 0. Draeyer, Anna Dorothea, marries Rev. Tliomas Barclay, 6. Driver. II. M. Ship, 162. 163, 166, 1()7. 174. 178, 206, 228. 229. 230, 231. Diickwortli. Admiral. 126, 131, 151, Diitcli R(>formed ministers at Al- bany, 4, 5. Dwvei', Lieutenant (H. M. Navy), 126-128. Kastern States, aversion of, to war with (Jreat Britain, 265, 268, 283, 29H, 335. EUicott, Andrew, American Sur- veyor under the Treaty of Uhent, '!K4, 3S5, 386, 387. 397, 401. Embargo on shi])ping in IT. S. ports, 255, 271, 272, 277, 281, 283, 284. Emigration from (Jreat Britain and Ireland, 129; encouragc()8, 2Si), 407. Ociie.sapiiruiiisiH, Lake, H7, 01. (iiioiit, TriMity of, :ti(). :t^):t-:{^).^. Goldsinith, licvvi.s, iiutlior ol' A S('- crt't HiHtorv of tlit" ('al>iiii't of Uo- Tiiij)firt(>. L'!»:t, 'J!)4. Uoulburii, Henry, Under-Secretary of the Colonies, 378. Grand Moiian, Islimd of, title to, 337, :{()(), 371, 373, 3i)0, 3!)12 ; de- cided to lieloiif^ to Great Britain, 31)4 ; value of, 31)5. Greenwood. (See Cox and Green- wood.) Grenville, Lord, eorro8ponden('(< with, 4(», 47, ;->(), 04, 72, 73, 7'J, i)0, 97, 99, 107, 108, 11 f), 118. Guerri6re, H, M. Ship, 295, 297, 298, 312. Gun boats prepared for service, 2(55. Gunpowder, exportation of, to the West Indies, 151. IIagerstov/n, Col. Barclay directed to remove to, 345, 346 ; permitted to leave, 349. Haley, Nathan. 150, 151. Hall, Basil, 203, 212, 269, [\'>Ck Hamilton, Alexander, retained as counsel for Martjarot De J^ancey, 123; death of, attachment to British Government, 177; fee charged Mrs. De Lancey, 209. Hamilton, Col., British Consul at Norfolk, 125, 152, 244, 204, 2G0. Hamilton, Jonas, an American citi- zen wrongfully impressed, 132. Hamilton, William Richard, Under- Secretary of State for Foreign Affairs, 293, 294, 298, 30G, 318, 319. Hammond, George, correspondence with, 50, 03, 09, 150, 199, lill. Hardy, Capt. Sir Thomas, K. N., 328. Harison, Richard, 13, 109, 111-113, 123, 153, 249. Harrowby, Lord, 176, 187, 200. Hartley, David, 67, 09, 70. Hai'tshorne, Lawrence, 113, 260, 298. Hartshcrne and Boggs, 95. Hassler, Ferdinand R., 402, 403, 404. Hawkes, Capt., R. N., 290. Hawkesbury, Lord, correspondence with, 123, 124, 128, 129, 143, 149 ; refers questions of boiinilary to Col. Barclay, 145. 2H0, 391. Highlands foi'miiig part of North- cast Bonndarv, 44, 300, 302, 374, 375, 379, 380, 400, 400, 408. Hillyar, Capt., R. N., 31(>. Hislop, (Jemn-al, Governor of Trini- dad, 270. Holmes, .John, American Commis- sioner under the fourth article of the Treaty of Gluwit, 35<), 370 ; his courtesy and impartiality, 388, 389. Hotham, (\ipt., R. N., 208, 209. Howell, David, Connnissioner uniler Jay's Treaty, 40, 48; infornuil meeting with Col. Barclay, 49-51 ; his arguments concerning River St. Croix, 91-93. Howick, Lord, 2,50, 251, 203. Humphreys, Capt., R. N., 208. Hunter, General Peter, 130, 155. Impi5tueux, French Frigate, btirned bv the British on the Virginia const, 248. Impressment of American seamen, 132, 147; a]iplicaf ions for release, 133, 154 ; delicacy of British naval otKccrs with respect to, 178 ; more applications for release, 183, 191 ; orders of the Admiralty against, 210 ; diniculty in dealing with the subject. 201; ])ecnliai'ly unfortu- nate in 1811, 295, 290. Indian, II. M. Ship, 205. Indians. (See Mohawk.) Innes, Alexander, certificate from, 27. Izard, Ralph, 127. Jackson, Francis James, British Minister at Washington, 291. James Cropper, American Ship, 410. James Thompson, American Ship, 410. Jay, John, 13, 15; negotiates treaty witii England, 44; testimony as to map used at Paris in fixing North- east Boundary, GO, 73, 74. Jefferson, Thomas, 97, 137, 207, 252, 254, 253, 201, 283, 292. Johnson, Sir John, 40, 117. Johnson, Rev. Samuel, G, 11. Johnson, Sir William, 7. Juhel, John, 152, 187. INDEX 425 ndiiry to 1. if Nortli- ;U)'J, :i74, K. of Trini- ConimiH- iirtiflo of , ;{7G; his lity, 388, , 209. nor uiulor itifornml IV, 4!)-r)l ; nm liiver 'J()8. 5(i, ir)r). te, huriiod ( Virginia u st'iiintMi, or release, itish naval 178; more ?. 18:5, lyi; ty against, I'g with the y xiufortu- cato from, British :^91. Shii),410. ■it'an Ship, atcs treaty mony as to dng Nortli- 4. , 207, 252, 11. Kkith, OEoiinE, 3. Kcmpo. (iriicp, claim of tlowor to lainls ill New York, 102, 137, 141, 142. Koinpc, .lolm Tahor, 10:{. K.'Mt, Diiki' of, 104, i:t3. Kin^,', Uiifiis, V. S, Minister in Lon- don, 7!>. 14'), 280, 281, :(.-);i, ;«)i. Kinj^'K ("ollcj^c. I liiirttTof, !); coiirso of Hliidy, 12; political tondoncioH, 13. Knox, Uenoral Henry, 48, HI. La 1)ii,T(1Ente, Froneh Privateer, 2!)1). Lafnev. llear-Adiniral Sir Francis, 2i)(), 2!)». Lake of the Woods, 92, 3.")4. Laurie, Ciipt. Hir Kobert, K. N., 1^^4, 209, 272. Lciinder, Aincrii'aii Sliip, 2(52. Lciindcr. 11. M. Ship, Itil, 18L 18.'), 18:5, 187, 188, 19.'), 19(5, 201, 202, 2();5-207 ; shot from, kills an Amer- ican citizen, 230; excitement in Ncnv York in consequence, 231- 2;i8 ; sails for Hiilifax, 238. Leopard, 11. M. Ship, 212, 254, 264, 2()(), 2(57, 2(58. Lilly, H. M. Ship, 129, 148. 152; cap- tured by French jjvivateer, 18:5. Line of forty-live deforces north lat- itude, :i(;4" 380, 385, :i8(5, ;597, 401 ; discovered to have been erro- neously run in 17(50, :i(54, 402-404, 407 ; old lino adopted as boundary by treaty of 1842, 409. Lispenard, Leonard, 11, 12, 15. Listen, Kobert, British Minister in Washington, 47, 49, 72, 76, 78, 79, 83, 86 ; consents to adoption of River Chiputneticook as part of Nortlieast Boundary, 89. Little Bolt, H. M. Ship, 295. Little Cornelia, American Sliip, seized by 11. M. S. Loander and retaken by her own crew, 187, 190. Liverpool, Lord. ( See Hawkesbury. ) Livingston, Brockliolst, 138. Livingston, Schuyler, married to Eliza Barclay, 61 ; dies in 1809, 258. Livingston, William, 10. Lottery Tickets, purchases of, 108. Loyalists, Commissioners for set- tling claims of, 21, 36-38. Ludlow, Gabriel V., 124. Lyall, Captain, R. N., 174, 175, 178. McKknzie, .loiiN, 214. Macomb, Alexander. 226. Madison, .liinies, 2i;t, 219, 224, 248, 252, 2.59, 2(15, 284. 308. Magaguailavic liiver, claimed lis the true St. Croix, 45, ,58. G,"), (58, 70, 75 ; claim disproved, 81. Manhattan, American Ship, 210. 211, 218. Maroons, settlement of, in Nova Scotia, 134, i;t5. Mason, (ioorge, of (itinstouTlall, 314. Mason, (ion. .lolin, Commissai'v- General of prisoners, 314-317,32;); negotiations with, for exchange of l)risoners, 32(5, .'(28, ;t29, 3150, :t:i;i, 3.34, 335; corres|)on(lonce with, 338, 345, :»47, 348, 349, 350, :J51. Mason, John M. (Mason and SlidoU), 315. Melampus, H. M. Ship, 248, 207, 2(58, 290. Merry, Anthony, British Mini.ster at Washington, 153; correspondence with, 155, l.")8, i.-)9, 1(51, 1(52, 1(54, 108, 172, 177, 178, 18:5, 184, 187, 188, 192, 19:5, 201, 208, 209, 213, 218, 221, 223, 224, 225, 230, 2:52, 2:54, 2:i7, 240, 245, 247, 248 ; returns to England, 249. Milan Decree, 253. Milan, H. M. Ship, 269. Militia, numbers and equipment of in 1809, in the P^astern States, 291- 293. Missiessy, Admiral, 214, 221. Mitchell, Vice-Admiral, correspon- dence with, 148, 151, 1,52, 1.54, 1.58, 159, 162, 1(56, 174, 181, 185, 190, 195, 198, 200, 214, 220, 221, 222, 227 228. Mohawk Indians, religious teaching among, in 1710, 4, i); 1735 and 1745, 6-8. between Monroe, James, 200, 213, 228, 252, 2.54, 265, 2(58; Barclay's inter- views with, 325, :527, 328 ; corre- spondence with, :5;52, 341, 342, 1549; efforts of, to settle Nortlieast Boundary, :554, 391 ; declaration of, as to principles to be observed in carrying into execution the Treaty of Ghent, 370. Montgomery, Fort, Storming of, 22. Moore, Rev. Thorowgood; 4. 426 INDEX JiM 1: fel Isf. , . -; Moore, William Sturge, 32. Moose Island, title to, 279-281, 283, 285-288, 355, 3fi0, 393 ; decided to belong to the United States, 394. Morier, John Pliilip, British Charg6 d'Affairosat Washington, 293, 294. Mulgrave, Lord, 212, 228. Mutine, French Brig, 125, 128. Nairne, Capt., R. N., 230. Neilson, William, President of Marine Insurance Co., 158, 164, 189, 190, 192. Netherlands, King of the, arlntra+or under treaty of 1827, his award, 408, 409. Neutral rights, 181, 189, 191. 203, 227, 242, 252-254, 300. Newport, R. I., its commercial and political importance, 141. New York, expenses of living in, 40 ; Thomas Barclay appointed British Consul in, 95; house rent, 96 ; expenses of living in, 101 ; growth of, 103; Ijlockiide of, in 1804, 203 ; excitement in, conse- quent on killing of an American citizen by H. M. S. Leander, 231- 239 ; extension and improvement of, 285. Non-importation Acts, 227, 229, 252. Non-intercourse Law, 255-257, 289. Nova Scotia, Col. Thomas Barclay emigrates to, 28 ; value of land in, 32, 33; state of education in, 41; communications with Great Brit- ain, 42 ; debt of, 03 ; definitions of boundary of, 91, 92 ; charming climate of, 103. Nova Scotia, ancient boundaries of, as described iu Grant to Sir Wil- liam Alexander, etc., 367, 371-374, 389-391. Nova Scotia, northwest angle of, 44, 360, 379, 401, 406, 409. Ogilvy, John, appointed British Commissioner under the sixth and seventh articles of the Treaty of Ghent, 356, 381, 387. Orde, Vice-Admiral Sir John, 212. Orders in Council, 253, 256,290, 312. Paine, Thomas, 1.51. Parker, Vice-Admiral, 115, 125, 128. Parrsborough, Nova Scotia, 32, 33. Parsons, W. B., marries Ann Bar- clay, 365. Pashell, Capt., R. N., 297, 298. Passamaquoddy, islands iu the Bay of, surveyed, 65, 75 ; ownership of in dispute, 82: effect of decision in regard to River St. Croix, upon title to, 93 ; negotiations in 1802 respecting, 145, 353 ; subsequent discussion concerning, 279i--281, 285-288 ; title to bo determined by Commissioners under the fourth article of the Treaty of Ghent, 357, 366, 371 ; discussion of Com- missioners conoerning, 389-394 ; decision of Commissioners, 394. Patriot, French line-of-battle ship, 243, 244. Patterson, Elizabeth (of Baltimore), reported engaged to Jerome Bona- parte, 152 ; married to him, 160 ; Gen. Armstrong declines taking her to F'-ince, 194; birth of her child and return to America, 211. Peacock, H. M. Ship, 332, 333. Pearce, John, an American seaman killed by a shot from H. M. Ship Leander, 230 ; excitement in New York in consequence, 231-239, 241. Perth Amboy, John Barclay settles at, 2, 3 ; Col. Thomas Barclay di- rected to embark from, 349, 350, 352. Phaeton, H. M. Ship, 153, 154, 157. Pheasant, H. M. Ship, 129. Philipse, Frederick, 13. Philipse, Susannah, marries Col. Beverley Robinson, 19 ; attainted of treason, 137. Pichon, Louis Andr6, French Charg6 d'Affaires, 125 ; opposes marriage of Jerome Bonaparte, 152 ; de- spatches to. intercepted, 195. Pickering, Timothy, 48, 77, 78, 79, 80, 80, 99. Pilots of New York. French sympa- thizers, 148 ; prohibited from tak- ing British frigates to sea until after French ships had sailed, 165, 166, 169, 174, 182 ; medium of com- munication with seamen in the British frigates claiming to be Americans, 222 ; are all Demo- crats, 247 ; decline to bring letters from British men-of-war, 269. Pinkney, William, U. S. Minister in England, 252, 254, 257, 275, 354, 391, h. •i-u INDEX 427 nn Bar- 198, t}ie Bay jrship of decision lix, upon i in 1802 bsequent 279-281, mined by lo fourth f Ghent, 1 of Com- 389-394 ; rs, 394. ttle ship, iltimore), )me Bona- him, IGO; js taking ■th of her n-ioa, 211. 333. m seaman I. M. Ship >nt in New 11-239, 241. ■lay settles iarelay di- 1, 349, 350, I 154, 157. 9. irries Col. ; attainted nchCharg6 is marriage 152; de- ll, 195. 77, 78, 79, kch sympa- ; from tak- sea until [sailed, 165, lum of com- leu in the ling to be I all Demo- ring letters [i\ 269. Jklinister in b, 354, 391, Pitt, British Shi]), seamen impressed from, in port of New York, 165-174, 182, 191. Porter, Peter B., American Commis- sioner under tlie sixth and seventh articles of tlie Treaty of Ghent, 357, 381, 387. Poursuivant, French Frigate, 177. (See President.) President, French Frigate, 194, 209. (See Poursuivant.) President, U. S. Ship, 295. PrevoHt, General Sir George, 302, 304, 326, 330, 331 . Prisoners of War, numbers of, 313 ; treatment of, regulated by cartel, 314 ; instructions to Col. Barclay concerning care of, 320-324; en- ticed to enter the service of the U. S,, 32(); British subjects residing in the U. S. not considered as, 331. Privateers, French, 126, 128, 158, 164, 183, 193, 221, 222, 223, 224, 277, 299, 300, 301. Provincial Light Infantry, 24, 28. Rambouillet Decree, 256. Rawdou, Lord, 24; certilicate from, 26. Restigouche, River, 68, 70, 361, 362, 396, 398. Revenge, U. S. Schooner, 272. Rovolutionnaire, H. M. Ship, 194, 205, 207. Rey, Antoine Gabriel Venance, French Consul-General in New York, 160, 1(51. Robertson, Gilbert, appointed agent for prisoners of war to succeed Col. Barclay, 344; U. S. Gov- ernment declines receiving, 350, 351, 352. Robinson, Col. Beverley, raises Loyal American Regiment, 19; testimony as to Thomas Barclay's services, 27 ; his widow's claim of dower, 137. Robinson, Beverley, Jr., marries Anna Dorothea Barclay, 9 ; Lieut.- Colonel of Loyal American Regi- ment, 19. Robinson, Beverley (gi-andsou of Col. Robinson), 112. Rock Harbor, Barclay's vill"- "0. Rodgers, Commodore, U. S. N., 275. Roosevelt, Helena, 6. Rose, George Henry, 272, 275. Rouse's Point, forts at, found to be on British territory, 3(54, 403, 404 ; award of King of tlie Netherlands concerning, 409 ; title conlirmod in the U. S. by treaty of 1842, 409. Russell, Jonathan, 313. Rutgers, Anthony, 8. Rutgers, Mary, marries Rev. Henry Barclay, 8. St. Croix, Island op. New Bruns- wick, 59, 65 ; remains of French settlement on, 75, 76. St. Croix, River, part of boundary line, 44 ; dispute as to, 45 ; origi- nated by James Sullivan, 53, 54; preliminary meeting of Commis- sioners in regard to, 46, 56-58 ; iirst full meeting, G4-66 ; second meeting, 73-75; tlurd meeting, 87; decision to adopt the Schoodic or Cliiputneticook as tht^ true river, 88 ; unanimous decision of Com- missioners in regard to, 90 : north linefi'om source of, surveyed, 361, 390, 400. St. Croix, source of River, difficulty of fixing, 45 ; discussion as to, 67 ; north line from, to be surveyed, 69, 70 ; mode of markiiig source, 79, 81, 83-8(5; intersection of north line from soiu'ce with River St. John, 88 ; divergent views of Com- missioners as to mod(? of asccr- tfiining true source, 91-93. St. Croix, West India Island, 131. St. George's Ciuirch, 9. St. Helens, Lord, 67, 74. St. John, River, contended for as American boundary by Jay and Franklin, 75; where intersected by north lino from the source of the St. Croix, 88, 93, 361, 362. St. P', ter's Church, Albany, founded 1714, Rev. Tliomas Barclay being tirst rector of, 5 ; Rev. Henry Bar- clay third rector of (1737-1746), 7. St. Peter's Church, Pertli Amboy, 3. St. Regis, meeting of Commissioners under Treaty of Ghent at, 383, 384, 385, 386, 387, 397, 402. Sawyer, Rear-Admiral, 297, 308. Schenectady, condition of, in 1710, 4, .5. Schoodic, River, 4.5, 54, 58, 65, 81; decided to be the true St. Croix, 87, 91. 428 INDEX : ' r 'H I fi Seamen, American. (See Impress- ment.) Seamen, British. (See Desertion.) Seeker. Archbishop, 10. Semillante, French Frigate, 125, 129, 182. Serpent, H. M. Brig, 120. Seymour, Vice-Admiral Lord Hugh, 132. Sherbrooke, Sir John C, 303. Simpson, Capt., R. N., 229. Skene, Captain, R. N., 181, 183, 185, 187, 189, 190, 195, 202. Society for tlie Propagation of the Gospel, 3, 4, 6, 8. Society Library, New York, 9. Southern States desirous of war with Great Britain, 265. Spook, James, wrongfully-impressed, 297. Slatira, F M. Ship, 272, 273, 274, 275. Stuyvesant, Peter Gerard, marries Susan Barclay, 148. Sullivan, James, 53 ; agent of the U. S. in arbitration as to St. Croix River, 53, 54, 60, 83. Temple, Sir John, Consul-Gcneral in New York (1785-1798), 95, 96, 120. Thomas, John, master of British brig Fox, indicted on charge of murder, 245, 248. Thomson, Capt. John, R. N., 305. Thornton, Edward, British Secretary of Legation, 80, 127, 152, 168. Tiarks, Dr. T. L., British Surveyor under the Treaty of Ghent, 385, 386, 387, .397, 401, 402. Tottenham, British Ship, brought to New York as prize to a Frencii privateer, 300, 301, 306. Transport Board, 313, 318 ; corre- spondence with, 320, 324, 330, 333, 335, 339, 343, 344. Treaty of 1783 between the U. S. and England, 43, 44, 60, 74, 362, 363, 371, 397. Treaty of 1794 (Jay's Treaty), pro- visions of, 44; Commissioners un- der fifth article of, 46; views of Commissioners respecting title to Moose Island, 278-281, 285-288. Treaty of 1798 explanatory of the fifth article of Jay's Treaty, ne- gotiation of, 79-85 ; terms of, 86. Treaty (unratified) of 1806, negoti- ated by Monroe and Pinkney, 252, 254, 261. Treaty of Ghent, 318 ; provisions of, 353-355. Treaty of Ghent, commission under fourth article of, 355 ; first meet- ing of, 357, 376 ; second meeting at Boston, arguments of agents, 379 ; adjourn to meet at Boston, 380 ; third meeting, 388 ; replies of agents submitted, 389 ; private discussion between Commission- ers, 389-394; agreement of Com- missioners, 394; decision executed on paper, 394 ; subsecjuen+ly en- gi'ossed on parchment, 395, 399. Treaty of Ghent, commission under fifth article of, 355 ; first meeting of, 361, 376; second meeting at Boston, instructions for surveyors, 379, 380; meetings at Burlington, Montreal and St. Regis, 402; agreement of Commissioners hope- less, 405 ; meetings at New York and Boston, 405; meeting at New York in 1821, arguments of agents, 406 ; Commissioners file separate reports, 407. Treaty of Ghent, commission under sixth and seventli articles of, 355 ; form of journal of, 381; to meet with Commissioners under the fifth ar- ticle of the treaty, 383. Treaty of 1827 for submission of Northeast Boundary question to a friendly sovereign, 407, 408. Treaty of 1842 (Webster-Ash bur- ton), 360, 409. Tripoli, war with, 123. Tryon, Governor, 15, 23. Turner, John, 61. Uniacke, Robert John, 35, 329. Valeureux, French Frigate, 248, . 250. Van Cortlandt, Philip, 22. Van Ness, Cornelius P., American Commissioner under the fifth ar- ticle of the Treaty of Ghent, 357, 376, 377, 383, 384, 385, 396, 399. Van Sehaick, Coi'nelia, marries John Barclay, 2. Van Sehaick, Goosen Gerritse, 6. Verplanck's Point jrtifications at, 23, 24. m INDEX 06, negoti- akney, 252, )visious of, ision under first meet- id meeting of agents, at Boston, ^8 ; replies 59 ; private ^mmission- iit of Com- lu executed luen^ly en- 6i)r>, .m. jsion under •st meeting meeting at ■ surveyors, Burlin'*ton, iegis, 402; oners hope- New York ing at New s of agents, le separate 3sion under los of, 355 ; meet with he fifth ar- mission of lestion to a ,408. ter-Ashbur- Vesey, Rev. William, 7. Veteran French Frigate, 244. Viper, U. S. Ship, 332. 429 Walkill, Barclay's farm at, 18, 22, War with Great Britain declp.-ed June 18, 1812, 257; discussions in congress concerning, 307, 309, 310. Warren, Admiral Sir John Borlase 248, 278, 281, 282, 314 3O0 326 S27' 328, 329, 331, 333, 334.'""' ^^^' ^^^' Wasp. U. S. Ship, 276. Waterloo, Battle of, 356. Watson, Brook, 20, 21, 36, 61. Watson, Lt.-Col., 24 Watts, John, Sr., 13. Watts, John, Jr., 13, 16, 31, 39. Watts, Mary (wife of Sir John John- son), 117. Watts, Stephen, 40. Webster, Col. James, 23. Wellesley, Marquis of, 293, 294, 298 Wentworth, Sir John, Governor of Nova Scotia 61, 82, 105, 113, 134. ''23ti3^,'?&,^S4|-'^ Whitefoord, Caleb, 67. Willaumez, Admiral, 243, 244 247 Williams, Col. Jonathan, U. S, A 225. '' Wilmot, Nova Scotia, 25, 28. Winslow, Edward, 25, 64. Wood, John, 130, 135. Yellow fever, prevalence of, in New York, 103, 147, 152, 206, 225. , 35, 329. igate, 248, American he fifth ar- Ghent, 357, 396, 399. arries John rritse, 6. icatious at.