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AN APPENDIX OF STATE PAPERS; >VliICif ARE NOW FIRST PUaLlSULi). AND, ,,;._,. '■ - . BY WILLIAM COBBETT, ESQ., MENTS OP HI3IU:LF. SECOND EDITION. ■' '^i^ LONDOX: Pki.vted kor John Jcs.ph Stockdal 1S08. (Price is.) E, 41, Pall-Mau. i'-V. \J? V 'h\'b. \Aeri x^ / ^, . '^^l^t.Prlntef. Crowa-court. 7 V, . ADVERTISEMENT TO THIS EDITION OF THE BRITISH TREATY. THE affairs of the United States be- come every clay more interesting to Great Britain. The men, and the manners of the United States, their principles, and pro- ceedings, have acquired an importance, dur- ing the present crisis, Avhich they had not obtained, till they became the rivals in com- merce, and the challengers in war, of the British people. Such were the considerations which in- duced the present Publisher c^f the following tract to give it to the Public. It is written writh so much acuteness and ability ; and displays in so many new lights the leaders of the United States, with their modes of reasoning: and acting, that the Publisher presumed to think it would be a welcome l)resent to all those who wish to see the great questions now at issue between the two conn- tries fairly discussed, and perfectly under- stood. This tract was transmitted by a fiiend at Philadelpliia to the present Publisher. It appears not from the title page, or otlkr- wise, where, or wluni it was printed, |jub- lished, or distributed. From that cueuin- stancC; we may infer the importance that was I: O '"» *-•• ^1 t -lU W'iij'i.ox ( 4 ) . annexed to it, within the United States : and from that circumstance, the English reader may determine, whether the American or tlie British press be the most free. If any one should entertain the least doubt of the genuineness of this pamphlet, he may satisfy himself, by inspecting the original work, in the hands of the present Publisher. He presumed to think, he only did justice to the subject, and a service to the reader, by annexing to this republication, an Ap- pendix of State Papers ; consisting of — first. The Commercial Treaty with the Uni- ted States, in 1794 ; secondly, A specifi- cation of the various changes which the re- cent treaty has made of the old, so as to give a perfect view of both ; thirdly, His Ma- jesty's Explanatory Notes which form an es- sential explanation of the new Treaty ; fourthly, Mr. Merry's Letter to a Friend at New York is now subjoined ; as it throws a liglit upon the whole. The elegantly writen Political Sentiments of ]Vrr. Cobbett added to the above will be duly appreciated, not only by the partizans of that popular writer, but also by the gene- rality of his readers. ■'""r t TO THOSE MEMBERS OF CONGRESS WHO llAVi: THE SENSE TO PERCEI7E AND THE SPIRIT TO PURSUE THE TRUE INTERESTS OF THEIR COUNTRY THIS PAMPHLET IS DEDICATED. PREFACE. THE raattcr of the followins; sliects \\:\h long since prepared, but Ihe publication was suspondiul from unwillingness to inlciTcre in tln' measures of government; and from the apprehension th;i( such interference, instead of doin.:;' i2;ood, nn'i;,'lit produce evil. A majority of our couutrvnien secuis deter- mined to approve wluitcver our rulers do; and even to give praise for wluit ihcy Ivdw ur.done. We believed, therefore, that, hoiui^ on a tide of popularity, they would disdsiiii what we coiikl say ; and might pursue their course, still more pedina- ciouslv, should wc dixlarc oiu* opinion that it leads to ruin. This, though an evil, was not the greatest which we appreliended. We have long seen t!io Ameri- can people acting and thinking under an impres- sion, that the wisest and most virtuous among us liave an interest distinct from their fellow eiti/ens ; that they wish to tyrannize and oppress ; that they want to be lords and kings. And altliough it is acknowledged, that nothing could bo more absurd^ than a scheme to establish monarchy or aristocracy, it has been taken for granted, that men noted for their judgment are engaged in that ridiculous project. If this produced no other effect than to exclude them from the national councils, we should consider it as a misfortune. W^e should, however^ \1 PUKl ACE TO : j console ourselves wlili tlii' hope, (liat a qniet roiirsr oi'tluiitij's wniiKl ic .(Icr the emplivjiKMit of their talents uiuiecessiirv ; or that, if storms sliould cloud the poiilical horizon, thev would, a>! virliioiis citi- zens, be reaJy at ihc call of their country, l^ut \vc ha'iC seen a more serious consequence result from the false direction of public sentiment. The measures which such men recommend are consi- dered as part of the svstem attributed to them. And when they exe.cise the common riii:ht, and perform the coimnon tluty of freemen, to express their opinion of anv measure of <:;overmnent which appears to them unwise or improper, it is attri- buted to a desire of making misthiel between the people and their friends. Indeed, a siui^uhu' ad- vantage has been taken even of tlieir talents, to render their exertions inelfectual. Such, it is said, is their power to persuaJe, that those who listen are lost; wherefore the people must turn a deaf ear to their arguments And such, it is suid, is their power to uiisrepi-esent, that the President and his friends dare not indulge thcmsehes in ex[)lain- ing the principles of his conduct. But since the people know he is their sincere friend, the ablest and best man in America, they cannot act more prudently than to repose confidence in him ; and adopt the maxims which emanate from his mind. Hence it has happened that, generally speaking, whatever those who administer the government have thought proper to say or do, has been received i i i v THE BUITISII TREATV. Ml I and ad^iifcd as pcrfcrtly wise ; from wliicli, at lnia,";(>roiis and false, error has been adopted as ail article of faitli. Seeing all this, we could not hill appnheiid thai it might be dangerous to publish the ikiatter contained in the following pages. Vi V feared that, from blind eonfidenee on one side, and blind enuiil y on the other, false notions might prevail and be establisSied respecting our exterior relatioiis, of which foreigners would not fail io take advantage. But it is no easy matter to get loose from treaties with a great power. And al- though it i . ii misfortune to bn bound by tieaiies uneqijul and injurious, that is not the only misfor- tune, Tliejealousy of rival powers is excited, and they take every convcident occasion to make us feel their resentnu iit. A late event has roused public indignation ; and Americans, waking from their long dream, appear desirous of knowing their condition. We see with honest pride the vspirit of our country. Neither submission to insult with the view to save money, nor the tlisgraceful expedient of purchasing delu- sive tranquillity, have yet unnerved the public mind. It may be expected tbit we should say a few words on this event. We put aside what preceded the assault on the Chesapeake, because, even if our government had been in the wrong (a subject on which as yet wc foim no opinion), the attempt io PREFACE TO search a public sliip of war appears to us unjusiifi- able ; and more esiecially so on our own coast. We firmly believe the British will not attempt a justifi- cation; but will, for their own sakes, grant satisfac- tion. We do not mean to say thatihey can be bul- lied into submission. They are a high-spirited nation, and will not be bullied. If any thing pre- vents them from giving satisfaction, it will be a de- mand in terms so injurious as to put us in the wrong. Then, indeed, we may be answered in a tone to repel the insult of threatening language; which, as it is addressed to fear and not to justice, implies the opinion that we have to deal with scoun- drels and cowards. When, therefore, we express an opinion, that the British government will, foF its own sake, give satisfaction, it is from the con- dition expressed by Admiral Berkeley, an4 which would at any rate have been implied, that they a»*e willing in their turn to submit their ships of war to search. This, we believe, they never will submit to, and therefore presume Admiral Berkeley will lose his commission for making the offer. We may he mistaken in our view of the course of events. Things may be brought to the alterna- tive of submitting to insult or going to war. In that case, not pretending to conceal the misfor- tunes which must attend hostility, we think every thing is to be done and suffered to vindicate tho national honour. These are the constant senti- ments of our hearts, unmoved by irritations of the THE BRITISH TREATY. ix *^ 4 <"• moment. These, also, are the deliberate conclu- sions of our judgment. If any gentlemen suppose the war will be feeble and harmless, they are de- ceived. It must be severe and bloody. But it- must be sustained manfully. And we have so good an opinion of England, that we think she will not like us the worse for fighting her on the point of honour. In the mean time, it becomes us to sus- tain the dignity of our character by the language and deportment of self-respect. Let it be remem- bered that foul and abusive terms come with pro- priety from the mouths of none but prostitutes and cowards. lu the following sheets we have endeavoured to avoid reproach and crimination. In some instances indignation has burst forth. We might, it is con- fessed, now soften the terms. But really there are occasions, on which wholly to restrain the warmth of expression, implies a defect of honest sentiment. And there are subjects also, to treat which in the cool style of narration, is to betray the cause of virtue. Aware that it may be said we are personally hostile to the administration, we tliink it proper to put the question at rest, by declaring candidly our opinion. We con;»ider, then, Mr. Gallatin as an eflicient man of real talents. We did not approve, neither do we now approve, of his appointment; but we forbear to assign the reasons, because, as far as it has come to our knowledge, his conduct M!£F)ICE TO is not reprehensible. We believe, moreover, that he is not swayed by pecuniary motives. We are convinced that he touched nothing in the Louisi- ana concern, and have no reason to suppose he will pocket any part of the sum to be expended in pur- chasing the Floridas. We consider Mr. Maddison as a man of considerable genius, though somewhat slow, and of great industry. We approved of his appointment. We knew indeed that he was a man of feeble mind ; and had seen with concern that he gave himself up to Mr. Jefferson, without reserving the use of his own judgment. When we first knew him he was a y«uth of ingenuous tem- per, whose ignorance of the world exposed him to become the prey of any sharper ( of either sex ) by whom he might be assailed. From a defect of firmness in the texture of his mind, and perhaps also from a defect of education, he was not in the habit of recurring always to fixed principles for a decision on conduct and opinions. So long, how- ever, as he hung on the arm of Washington, his course was steady, and gained him honour. But the instant he let go that hold, he fell into a rick- etty condition, from which he never recovered ; and is now in a deep decline of character, for iwhich we fear there is no remedy, llic first vio- lent symptom was a panegyric on the French con- stitution: the more extraordinary, as that instru- ment, in all its prominent features, was opposite i(i the constitution he had assisted in making, and 1 THE BRITISH TREATY. XI •i! laboured earnestly and successfully in persuading us to adopt. It would be painful to mark the steps by which this gentleman has descended to his pre- sent condition ; the mere instrument of Mr. Jef- ferson. We believe him still honest and well dis- posed. We think he would make an excellent first clerk in the Secretary of State's office, and sin* ccrely regret the want of qualities and talents for the place he occupies. Mr. Jefferson is a man of pleasing, modest, unassuming manners. His con- versation, generally amusing, is frequently instruc" tive. Though not deep in any one scienbe, he has that acquaintance with them all whibh becoiiies a scholar and adorns a srentleman. He has a consi- derable share of genius ; and there is, in his de- portment, an air of frankness and of deference to others, w hich arc agreeable to all, and are sure of captivating the young and inexperienced. If there be blemishes in his private character, we have no- thing to do with them. We consider him as a public man, and in this view he has great defects. Like others who have fallen into the idle habit of questioning established truth, his faculty of weigh- ing evidence is impaired. Hence such an asto- nishing degree of credulity, that he could not only believe the French were free while suffering op- pression the most cruel and bloody that ever poor wretches groaned under, but ( finding it printed ia a French book ) he believed, and gravely told the Congress^ there is a great mountain of salt in Loui- ^r Xll PREFACE TO M \ Siana. Mr. Jefferson has also the misfortune to be a schemer, perpetually occupied with some strange out-of-the-way project. If this were confined to speculation, it would be a harmless foible ; but he tries to carr} his projects into efiect. Sometimes he prevails on the Congress to adopt them, and then poor sailors are sent a-ducking over the ocean in gun-boats. At other times he is less successful, as when he proposed to stow away ships of the line upon shelves. He labours also under such defect of mental vision, that he seldom sees ob- jects in their natural state and true position : just as when we look through a fog, many things near us are not perceived, and those wc sec appear larger and nearer than they really are. We have said Mr. Jefferson is not deep in any science. He is more deficient in that of politics than in any other ; and indeed it is impossible he should ever become a statesman ; because a clear, distinct, and comprehensive view of objects, with a ready conception of their bearings on each other, is a needful pre-rcquisitc. A second pre-rcquisite is, BO to weigh evidence, presumption and probability, as properly to give or withhold their faiUi : in short, to believe what we ought, and no more. A third is never to indulge notions which have not expe- rience to recommend them : for though it he pos- sible that after the many years which history num- bers, and the many thousand events it records, Bomcthipg new in the science of ethics may be THE BRITISH TREATY. XIII m discovered, it is not likely; and if it were, the maxim of physicians should be adopted, to make experiments on bodies of little value, and not on the body politic. If any gentleman assume as a principle that mankind can be governed by reason; and insist, notwithstanding the evidence of all his- tory, ancient and modern, sacred and profane, that we may prudently rely on reason for the defence of nations, we would advise him to commence a course of experiments with his own family, and see how far reason will go there. If successful, let him proceed to those with whom he transacts business. Let him reason them into the support of his pecuniary or political views, without any regard to their own interest. If again successful, let him go or send to such a man as Buonaparte, and tell him 'tis unreasonable that boys should be taken from their parents to fight and perish in the plains of Poland. That, instead of employing large armies, it would be cheaper and better to pick out a few able negotiators, if any can be found among his own subjects; but if not, to borrow Messrs. Armstrong and Munro, and send them to persuade the Emperor of Russia and King of Prus- sia to surrender their dominions. That a proposi- tion so reasonable in itself, and supported by so much eloquence, could not be rejected. If Na- poleon, being persuaded himself, should in this quiet, friendly way, persuade his brother Alexander, the specific would indeed have the sanction of fair XIV PREFACE TO experiiiif'iU, and might safely be adopted. It would «urclj be a 2;reat iniproveincnt. Happy condition ! without fleets or armies, judges or constables, laws or executioners^ to sit secure and happy under the broad shade of reason ! But if it should prove, on trials that neither in a family, a city, a national assembly, or with 9. leader of nations, the force of reason can be relied on; if it should again, for the ten thousandth time, be demonstrated, that what has been true since the worjd began, remains true at the present hour, and the gentleman stiil insist on his project, he could not be much respected SfS a politician. But though Mr. Jefferson is not, and, from the reasons just mentioned, can never become a statesman, he is a man of great address. Hav^ ing a quick sense of danger, he has studied the means by which it may be avoided. Knowing the instability of popular opinion, he knew that to rely on it was unsafe. He determined, therefore, to avoid responsibility. This is the cardinal point by which the course of his administration has been di- rected, with undeviating attention. Consistently with this plan, he associated the house of represen- tatives in the exercise of his functions. The leaders to whom he applied, were charmed with the mark of confidence, and beyond all measure delighted with that republican spirit which, instead of seeking unlawful power, so freely and frankly discharged itself of the unlawful power with which it had been invested. When, over and above that ea^cessiye THE BRITISH TREATV. Xf m condescension, the patronage of office was laid at their feet ; when they were invited to select the proper subjects for appointment; and when they were told that they, the immediate representatives, were the organs through which he wished to learn that will of the people which it was his pleasure and pride to obey, how could they suspect the mo- tive to be selfish ? It was natural to believe the fountain pure when its waters were so refreshing. In this way, however, the house of representatives was brought to initiate executive business, and, taking responsibility from his shoulders, to invest him with unlimited power. Like a sly animal in the fable, who likei roast chesnuts, but will not put his paws in the fire, he crept behind the cur- tain, and persuaded a friendly cat to undertake that part of the business ; content, provided he gets the nuts, to leave with others all the honour of raking them out of the embers. By this course of conduct, Mr. Jefferson has not only injured the constitution, and established a system of corruption ; but (extending the web of intrigue to influence elections over the whole country) he has composed a congress of such materials, that respect for the national government is much diminished. He has placed himself also in a state of dependance, whereby he is driven to do unrighteous things, and which disenables him from becoming useful, should any course of events restore him to the love of ho- nes^ fame. Of the other members of our administration XVI PREFACE TO THE BRITISH TREATY. nothing need be said ; neither shall we take notice of those who are occasionally charged with com- municating the President's wishes to the Legisla- ture: a sort of ministers whom Mr. Randolph has described in terms of no little acrimony. Having mentioned this gentleman's name, we will add^ that he appears to possess^ in an eminent degree^ some distinguishing traits of the Virginia charac- ter: A lively genius, a bold spirit, a high and haughty mind, with the habit of thinking for himself, and commanding others. Unfortunately for him, be took up false notions at an early period, and committed himself to such an extent, that he finds it difficult to eradicate the impressions from his mind, or free himself from the perplexities with which they entangle his conduct. The executive government, having studied his character, were glad to employ him. He was their sword and shield. But there were some views and plans which it was deemed unsafe to confide to a person of his temper. His indignation at the discovery was exprest in terms not easily mistaken. But though he flounces, he cannot break loose. He is not deficient in personal courage ; but he dares not leave his party. Indeed, he is haunted by the pa- nic fear, that the high and h ^lourablc sentiments lie has expresssed will lead the world to believe him a federalist. This apprehension, though whimsical, is not singular. It has, though with far less rea- son, laid hold of a kind of up and down man, who writes letters to his constituents in Vermont. THE I," THE i3RITISH TREATY. ',f- 11 ] E p;entlomen now in pi)wer used formerly t6 iiWist that ropublics should have no secrets. Timed h;ive tliiuigod, and they have changed with the times. We have secrets in abundance. Indeed, we iiave little else. The state of our affairs with foreign nations^ and the conduct pursued towards them, are conceah d with sedulous attention. But notwithstanding the care of our rulers, a corner of their curtain is sometimes lifted up. We have learnt a few state-secrets; and may, perhaps, in. due time, bring them to light. For the present> however, curiosity must rest satisfied with The Bri- tish Treaty ; suspended, as every one has heard, on doubts and apprehensions in the President's mind. Me make this communication, because, among other reasons, stories have gone abroad which are not true. \\ c are fur from desiring that our rulers should, on all occasions, tell all they know. But we Hunk: tht y should on no occasion give currency to falsehood. Tiie treaty is said ti have been sent back because a note delivered by i\u) British nego- tiators required us to make commoQ cause against France. No such note was delivered. It has been c .ddUs n IS THE BRITISH TREATV. i¥,\ ill reported also, that our non-iniporlatictn law drove the minister of liis Britanuic JMiijcsty into tlio re- quired concessions. TMs also is aoMHi^.'; flie thii)j!;s which are not. Without stoppinj;- lo notice other aherrations fiom truth, wc protrcd to j^ive the pur- port of that treaty, with a fevv obsct viHiv.-.s. The first artic lo, like the first of that coiuludrd on the 19th November, I?Ji, by Mr. .Jay, is uieiciy formal; and the second confirms the first ten arti- cles of the old treaty. It is, therefore, proper to give a glance at them. The first, as is already mentioned, is merely for- mal ; and the second is executed. The third gives to each party ihe right of passing through the territories of the other, in America, except within the limits of the Hudson's Bay Com- pany. We find in it the following clause. " But it " is understood, that this article does not extend to " the admission of vessels of the United States iiito the sea-ports, harbours, hays or creeks of his Majesty's said territories, nor into such parts of the rivers in his Maiestv's said territories as arc be- tween the mouth thereof and the highest port of entry from the sea, exce])t in small vessels trading bona fide between Montreal and Quebec, under such regulations as shall be established to prejvent the possibility of any frauds in this respect : nor to the admission of British vessels from the sea into " the rivers of the United States beyond the highest ports of entry for foreign vessels from the sea. The t( (C tc cc -lonji,! .^i;, may freely be resorted to and '' u>e{i h\ boili parties, in a-» ample a manner as any *' of I'le Atliitic ports or places of the United " Ser was truly intended under '' the name of the River St. Croix/' provides for aseertainini^ that ri\er, and the latitude and longi- tude of its mouth and source. The sixtii, seventh and eighth articles have beeu executed. The ninth provides for persons holding lands in the dominions of one of the parties who are sub- jects or citizens of the other ; and the tenth is a li ■ii^s 20 THE nniTIfsil TUKATY. stipulation in favour of moral lioiusly, viz. ihai neither p rty sluill F-etpicsUn" or ronfisi ale debls oy property in the funds, &c. The third article of the now trcatv provides for and regulates commerce hitweeii the I Kited States and the British Ea t-Indies, in the jMime terms a** ihe thirteenth article of the old treaty, e7iee])t that the words, and sailing direct from t'nc ports of the said Slates arc i.iscrted in the L'rst clause, v»hiih now runs thus: " His Maii'slv corisents that tho " vessels belonging to the citizens oT tlie I'nited " States of America, and sailing diinlly from ports " of the said Slates, shall he admitt(Hl and hosj)ita- *' bl^ received in all the sea-ports and harbours of " the British territories in the East-Indies," &e. The fourth article of the new treaty is the same as the fourteenth of the old one, and stipulates for a general liberty of trade between the Lnited Slates and the British dominions in Europe. The lifih article of the new treaty is the same as the fifteenth in the old one (regulatii;i;ihe duties on ships and merchandi'/e), wilh two exceptions ; ihe first reserves to the Lnited States the riiiht previously reserved to Great-Britain, of imposin;^ a tonnage duty equal to what shall he imposed by the other party. The second is made l,y suhstitut-. ing a new clause for the reservation, fornurly, made by Great-Britain, of " the right of imposing on ^' American vessels, entering into the British ports ^' in Europe, such dut^' as may be adequate to /■ji m. ^bS THE BUITISIl TUF VTY. 9A m: " roiinfcrvall the diirerciicc of duty now payable " oil the iiiiportiition of Eiuopeau and Asialie " t»:oo(ls when imported iiHo llie I iiitcd Slates in " liritish or in American vessels," Instead of tliis, llie foMowing; words made part of (lie new article. " And in the trade of the two nations with each '' other, the same duties on ex()Oitation or inipor- *' tation of ft;oods or nierehandize sliall Ije imposed, *' and the same dra whacks and honnties aUowed ^' in either country, whether the exportation orini- " portation yh'dl he in !5ri(ishor Ameriean vessels." The si?ith .rticle of the new treity states that tlie parties eaimot agree about our trade to the Bri- tish West Indies; ; }h»I that "while tiiey\viJl attempt " an amicable a^;Te( tnentj both may excicise their *' existing" rights." The seventh of tliis.. like the sixteenth of the other treaty^ provides for the appoinhnetit of con- suls, SiC. The ei2,hth of this, like the seventeenth of the other, provides for speedy decision on the caplnie and detention of vessels suspected of carrying enemv's croods or contraband of war. There is added a promise on the part of Great-l^ritain, that, liercafter, indemnification shall be granted for un- just seizure, for detention and vexation. The ninth article is the same as the eiiihteenth of the old treaty (respecting contraband), only that tar and pitch are excepted from the catalogue, un- less when going to a place of naval equipment. 1-9 W TTiE i:-;iTi?:i rrE ty. 1 •! Tlio ten -li ri ;^^ !s !;»(- saM.e ;is U;/ ciii;'U(^cnlh of the : iJ (r. 7c; vc; blockauc}, wiiii llie addition, that rasscir.'crs, iu;t in the niiL'..rv s rvce oT aji cuorr.y, s]};ill not bo ta;fen {ind tviiido pris<(.HM's. ]3v n(M.e|»t commissions from cnemics^ oi the othe^, nud to < oimnit acts of hostility. I'kie sixi(HMini, like the twentv-second of the otlier, foibids repiisais before a demand of satis- faction. The se\entccHri] is tlie sanje as the twenty-third of the old treaty, wliic!!, after stipulating that "the '' ship^^ of ^var of < k h of the contracting parties '' shall at all times ha hospitably received in the ■' poijs of the otlitir/' provides that American ves- sels drivvn bv " str; • of weather, danr-'cr of cue- '' mi:'s. or otl' r m .;ain without pay- ment of duti' s, and prohibiting the entry of ships of the enemies of either party, which bhall have niaiie |n'ize, unless driven by stress of weather ; in which case they are to depart as soon as possible I ! ■ A ■I W dated the .'ilst Decendjer, ISOG; but pre- vious to th(* sign.iture two notes were given, by the British to the American conmiis.iioners. The lirst keeps o[)en f*)r fuiiue discussion a claim of llritain not to pay nu)r(M)n goods sent from ('anada or New- ]>£nnswick, into ihc territories of the I nited States, than is paid on tln^ importation of such goods in American sliips. The second note declares that the King of (.ucui-ijiitain has directed his conimis-* i ;■*!. 1 THE BRITISH TREATr. 25 ."1 4 »■ :. f sioners, before tliey si^n llie treaty, to deliver that note, in order that a fair understanding may be had by all parties of his Majesty's views, in consequence of the blockading decree, to which the attention of the American commissioners is invited. The decree is so recent in point of time, and so novel and monstrous in substance, that his Majesty is at a loss to calculate on events; but supposing, how- ever, that it will be formally abandoned, or totally relinquished by Bonaparte, or, in case he is mis- taken in that supposition, he rests with confidence on the good sense of the government of the United States, that they will not submit to an innovation so destructive of the rights of neutral commerce. Should he, however, be mistaken in all these points, and the enemy should actually carry into execution his threats, and neutral nations acquiesce in such usurpation, he may probably, though reluctantly, be obliged to retaliate. The treaty secures to the United States so many privileges of neutral com* merce, that, at a time when his Majesty and all neu- tral nations are threatened with such extension of belligerent pretensions from his enemies, without any explanation from the United States what they will do in case Bonaparte attempts to force on them his decree, his Majesty must reserve to himself to act according to contingencies in that particular, the signing of the treaty notwithstanding. And as the distance of the American commissioners froiti their government renders a previous explanation ..:' M m ^YV '26 THE milTlSH TREATY. impobsible, liis Majesty autliorises his commis- sioners to fuiibh the treaty. This is done under the fullciit pertiiuisian, that, before the treaty returns to Europe, from America, ratified, time will discover the formal abaimcnment or tacit relinquishment, of the enemy, of his pretensions ; or in case that should not take place, that the government of the United States, by their conduct or assurances, will secure his Majesty tliat it will not submit to innovations so destructive of maritime rights. But in case Bonaparte enforces his decree according to its tenor, and if neither by the assurances nor conduct of America a disposition is shown to oppose it, his Majesty wishes it to be fairly and clearly understood, that he will not consider himself bound by the sig- nature of his conunissioners to ratify ; or in case he ratifies, he will not and cannot be precluded from adopting such measures as may seem necessary for counteracting the designs of his enemy, whenever they shall occur, and be of such an extraordinary nature as to require extraordinary remedies. Before we notice particular parts of this treaty, it seems proper to observe that the signature of ministers, confidential agents, under immediate control of the chief executive majristrate, imposes on him the duty to ratify what they have done. Cases may indeed be put in which this duty, re- sulting from principles of good faith, does not at- tach. Thus, when the agents employed have either foolishly or corruptly betrayed their trust, and vio- « ^ t I THE DIIITISII TllEATY. 21 M lated their instructions, lio, from whom their autho- rity was derived, has, in reason and conscience, the right to disavow tlicm: for it is well understood that tlie general power conferred, by his commission, on a diplomatic agent, is specially limited by his instructions ; so that if he promise wlwit tliey do not authorize, his principal is not bound by the unauthorized engagement. Hence, the prudential reserve, that treaties shall be ratified before thev take effect. But in a case of this sort, it follows, of course, that the ag-ents be recalled as well as disavowed. Otherwise it is fairly to be inferred, that they have not exceeded or varied from their instructions, but that their master breaks his faith to remedy the mischief resulting from his improvideuce. It cannot be forgotten how strenuously the gen- tlemen now in power used to insist that America, happily placed at so great a distance, should keep lierself free from the negotiations and the wars of Europe. The phrase was "let us have nothing to *' do with them." A respectable federalist once replied. " Very well, geullemen. But how will '' you prevent them from having something to do '' with you.^" Indeed this, like other maxims of the same origin, is not only questionable on the ground of policy, could we conform to it, but is utterly impracticable. It was used, however, with eonsiderahle advantage on certain ocasions. If, for instance, it was said of any oiic w hom these gentlemen did not like, he is well versed in tho i ■ 'n gs THE BRITISH TREATY. political coocerns of Europe, it was promptly and pertly asked^ What have we to do with Europe ? And if it was observed that such men should be employed to negotiate our treaties, the complete answer was. We want no treaties. Sometimes it was addedj with characieiistic sagacity, let us take care of ourselves. But how? Without entering into broad questions of expedience, or examining how far we should connect ourselves with other nations, we shall only remark, in this place, that our administration after publishing those notions as sage maxims of state, year after year, before they came into office, have been occupied in negotiation ever since. With what ability we presume not to say. With what success will hereafter appear. A prudent man, called on to transact business with which he is unacquainted, applies to skilful persons for assistance. But if in the common affairs of life, with which all are in some degree conversant, prudence dictates the propriety of em- ploying agents of skill and experience, how much more are we called on to entrust such persons alone, with the negotiation of national concerns ; seeing that these can be but little known to the greater part of mankind. It would require a diplomatic treatise to show in how many ways an ignorant negotiator may be deceived, to the injury of those whom he represents : a treatise which such nego- tiator would perhaps disdain to read, and which would therefore be useless, for able men do not i # -nil; J TUE BRITISH TREATY. 29 want it, and the ^rcat mass of the community have sufficient employment in their own concerns. To give, liowever, some general idea on this sub- ject, we will take one of the usual stipulations in a commercial treaty, viz. that which grants to both parties all the rights of the most favoured nation. This seems, at the first blush, fair and equal. Whether it be so in reality, must depend on what those rights are ; and to acquire a knowledge of them, the treaties wliich each has formed with other nations must be carefully ex- amined. That we may not, on this occasion^ offend any particular sect of politicians, we shall seek an example in the farthest regions of Asia. The Emperor of China opens to foreigners only one port in his dominions, where he treats them I all alike. All participate in the scanty permission " to trade with an exclusive company of Chinese merchants ; and all feel the contempt of that peo- ple and government for every stranger. Let us suppose a treaty made with the Emperor^ by the United States, in which the above men- 'S :5 tioned clause should be inserted ; and let us also suppose, that by a treaty with some other power, Prussia for instance, reciprocal liberty of trade had been given; each party paying, in the ports of the other, no greater nor other duties than native citi- zens. The Emperor might, in that case, claim for his subjects, a right to trade with every part of GUI" country as freely as our own citizens, and yet m 30 THE BlilTISH TREATV. confine us to a siiii^lc port of his dominions, per- mit us to trade with none but particular merchantB in that part, and oblige us to pay hip^her duties than his own subjects. True it is, we might object to his claim, and insist that he should pay for a free trade with us the same reciprocity with which it had been purchased by Prussia. We will not enter into the arg;ument, because the main bearing of it is not now before us. We mean only to show, by a plain case, that he who negotiates a commercial treaty ought to know something of the situation in which the other contracting party stands. It would not be amiss, also, that he should know a little of commerce, and of the law of nations. We proceed now to make a few observations on the treaty above conmiunicated ; and, for the greater perspicuity, shall notice in their order the provisions it contains, and then something whicl^ it does not contain. On the first and second articles of the old treaty there is nothing to be said ; but the third merits a little attention. It is, however, to be premised, that, standing among those which were made perpetual, the British negotiators might have objected, had it been proposed, on our part, to expunge it ; al- though by the course of events it had become void in some respects, and unreasonably burthensome in others. These events, how ever, entitled us to insist on certain modifications. It will be recollected tliat this article, after granting the reciprocal right i\ik mm THE BRITISH TREATV. 31 a. 'i I m of passin"; tlirona;!! the territories of each other in AiiuM'ica, forniully (ixeopis llie country lyine: ^vithill the limits of the Iluilsou'ii Bay Company, and (in consistence with the British colonial system) pro- hibits American ships from enteriiijj^ the ports or navigating the rivers of his Britannic Majesty ; with this single exception in oitr favour, to pass be- tween Quebec and Montreal in small vessels, sub- ject to British regulations. We, on the otiier hand, fi-ive them a ri.ritain, tlierefore, being one ground of our claim^ then unsettled with Spain, Mr. Jay prudently in- serted a recognition of it in his treaty. The stipu- hiiion, in so far as it related to any right conferred on Britain, was indeed a nullity; because the Missisippi, not extending so far north as had been supposed, she did not possess one inch of territory on its siioies : neither had she any right, or even pretext to enter its mouth, then in peaceable pot- session of his Catholic Majesty. Such was the stale of things when the old treaty was made ; hut circumstances have materially charged. Wv have purchased^ not only that part I' I 34 THE nniTisii TRFATr. li ;l of ^Vr < Iltuida whirlj joins i\w iNIivsisippI, h\:i the isi'.md of iNc'wOilciiits also. It is trne, that, from coiuluct wliicli wv shall iio^ on this occasion, dovclopp, \\c Iiave i'mnislud lo ^'pain a j»;ood pre- text, perhnps a jjood reason, for williholiiinL!; onr share of VVest-l'lorida. Hut let those matters be settled as thi'v »ii:)y, it is iMUiueslional)le tlint ^^e Iiave ae(jiiired the ri.';hl to e.vehide the llritisli frooi the Missisippi. Should it be prelended that th(^ itipnlations in tiie old treaty ^ive them a riglit to navigate the river, it may be answere 1, lirst, that those stipulaiions are made in reference to, and con- formity with the treaty of ])cacc ; ar.d, secondly, that our grant extended only to thini.:,s which we possessed, and can bv no iair constriMMion embrace wliat we nn'«j;ht aCierwards acc;uire. This principle of common sense forms iiii acknowledged luaAiiii of public law. We conceive it i'vident, therefore, that British vessels have no more right to enter the JVIissisippi than American vessuls have lo enter British harbours in the AVest Fudics. ^VIlether it vvot'ld be wise to g-rantsiich right miiy be (iiu'slionable ; but certainl^f we ought not to grant il without aii equi\alent, much less in the vers article, und, as it were, in the same breath by which we reiu)unce our claim to enter and navigate the St. Lawrence. We have ou the shores of this river, and of its tributary waters, a great extent of \aluable land ; yd, hy the sweep- ing clause which conlimis, without modification, the THE lilllTIFIl TUEATV first frn artl(l(*s of (lie old iroafv, we should r^sl*;;!! fill ( liiiin to n;ivif»ate the 8t. liawrcncc IVoin the yv'd, and alVord to tlio I>riti>!i aprolcMicn to navi^'atf' til'* INliisisippi tliroiiijch its whole extent. Such woulil, MepK'siime, he the coiivtiiictioii of nritish roiiiiiirntiitors. If denied ou our part, it might heromc the s,)urfe ofeavil, perliaps of quarrel. If admitted, Me should diseover that the eonceKsioii of a i.';reat and valuahh^ privile<2,e had heen uuwit- tini>,ly niiide, -vithout the slightest equiviileut. f^diould (ireat 15ritaiii wisli to tragic wilh ux ou the Mi->sibippi, she would (( rtaiulv pay for il, l)y (vraiit- iii'j; us a like pcnuissiou on tl.e St. I/,nvrence. This woidd do her no injury, nor even occasion any ii\- eonvenience. Nav, it niiiiht, ujuler certain cireum- stances, he advantageous to Jier. To us it is of jiTcat and growing importance. Our territory ou (he waters of the St. Lawrence is worth much more than what we purchased from l^a nee, and have DOW to dispute with Spain, under the name of Louisiana. Our ( itizens who inhabit that part of America, would he materially heneiited if their j)roduce could he sent, in American hottoms, free from war-freight and insurance, to seek tlie hest markets. They are at present confined to the ports ^)f Alontreal and Quehec, where they must take the prices British merchants choose to give, or transport their goods one hundred and (ifiy miles to Alhanv. The foiuth article of the old treaty was fiamed 1 1 'M fi S6 THE RRITISH TREATY. to obviate difficulties in the second arlicle of tl»r treaty of peace, fixing* as our uortliern boundary a line to be drawn due west from the Lake of tlie Woods to the Missisippi. And the iifth was framed to obviate dillicuUies respecting- our eastern boundary. Subsequently, however, to the year 1794, a sur- yc\ of the interior of America, bv Ijritish merchants established in Canada, under the name of the North- West Company, had proved that a line due west from the Lake of the Woods would run north of the Misi^isippi ; so that no further measures w err needful to ascertain that point. The Riv;r 8t. Croix, also, had been identified. Two points, however, re- inained to be settled ; the line from the Lake of the Woods to the ?Jissisippi, and the teriiiination of that which was to run north from the source of tlie St. Croix, on which depends a large tract of coun- try in the district of Maine. Connected also w ith our eastern boundary, is an object of littk^ intrinsic -value (Moose Ishiud), but important to the trade of IVIaasaciiu setts, aiid to the revenue of the L nitcd States. Another matter of considerable import- ance, particularly to the State of New-York, bad remained unnoticed. This was the ascer- taining those islands in Lake Erie, Lake Onta- rio, and the River Saint Lawrence, which belong" to the United States. Much time nuist elapse before the north-eastern corner of Maine, or the regions at the source of the Missisippi, can be cul- 7 f i V; THE BRITISH TREATY. 31 M • !/: :5t 1 fivated or sold ; but it was discovered in 1801, that depredations were committed on islands in the St. Lawrence, prodncinj^ excellent white pine, and on islands near the mouth of Detroit, covered with valuable red cedar. It is, moreover, adf-evident, that a tract of doubtful jurisdiction, extending up- wards of one hundred and twenty miles along the northern frontier of New- York, from the village of St. Regis to the head of Grand Isle, must impede the regular course of justice, and encourage to the commission of crimes by the hope of impunity. In the first year of Mr. Jeflerson's administration this matter was brought before Congress, and, after due iiivcstigation, appeared of such importance, that *' a sum not exceeding ten thousand dollars was " appropriated to defray the ex])ense which should '' be incurred in negotiating with the government of " Great-Britain, for ascertaining and Cbtablishirig *' the boundary line between the United states and '' the British province of U pper Canada." This law was aj)proved by Mr. Jeft'erson on the third day of April, 180!:2. The object of the Legislature could not be mistaken, for the appropriation of mojiey shows they did not contemplate merely a conven- tion between the American minister in London and the British cabinet, that would cost nothing. The amount of the sum granted proves also that it was the intention of Congress to have the business performed in a solid and durable manner. The President must therefore have known, even if the M 'l! 1 •i'l din, ,^R THE nitlTlSII TUEATV. objrf'^ Iiful not been sprciallv drrlarcd by 1bf>s{» \v]u> bronf;!i< \i foiv.ard, that it wns ihc dosirc of C()i!g-»Tss to asccrtfuii and c.<;tab!ish ihc. boundary line bv cnir'-n.ir^ioncrs, ^v]lo shoidd rerair to the spot, desie iu*<«^ <]'(' limils, and cui'r |)ro}>cr monu- ments to l;e ere( t( d. V.\(V\ one a<-'i':ainted with onr jiubiir proeeedinas knows that a '^jaiii of au- ihority is consiJered as an inju, rh"ou to pc rfortii the act spceiiird. That prnf le manner of expross- i\]g; the public will -.va-; ado])/<'d from respect for the first ma'-i.^trate. ?»iv>reo\( r, if the tsvo houses should requ'c any tbini»; \vlii(h lie t'eem^; iinnroutr or inexpedi<'i.t, he -iil of eoiirse \>i'bh')](l his as- sent; Nviieiefoie iiis approbation in![)li(.s a promise that he \\\\\ (omj)ly wiib tlu'ir wishes. Thus then the law Just cited amounts to an order of Congress, and a promi'^e of tlie President to asccrtidn and estahlhh the boundary between the United St;j hich it is convenient to hide from the people. But it is a fact that the convention was not ratified, and that the President assigned, for the omission, the reason just mentioned. Whe- ther it will satisfy our fellow-citizens we cannot pretend to guess. Perhaps, like other things which pass our comprehension, it may be sanctioned by that confidence in his wisdom which numerous in- dividuals and respectable bodies so eagerly an- nounce to the world. We believe^ and not with- out reason, that it gave great umbrage to the Bri- tish court. They considered themselves as trifled with, and could not help considering those who administer our government as capricious and inat- tentive to the rules of good breeding and the prin- ciples of good failh. When we compare the tenour of the note, above mentioned, from his Britannic Majesty, with this deportment of our President, the advantage, we are sorry to say it, is all on the monarch's side. His commissioners had agreed to a treaty ; but, at the moment of signing, a circum- stance of extraordinary nature arose, leading to a belief, that, should the claim set up by his enemy be acted upon, and should we submit to threatened plunder, the great duty of a sovereign to protect ■'S i I I 2? i'-^f THE BRITISH TREATY. 41 ins subjects luiglit compel liim to adopt measures oi' retaliation. Under circumstances of that sort, the injur} we might sustain would be justly imput- able to our own conduct. We could not, therefore, liave counplaincd : and no previous explanation on his piu t was necessary. Yet, so scrupulous was the Kini^, so anxious iliat his reputation for good faith should be not only unsullied but unsuspected, that he provided against all possible imputation by a cle;ir and jjointed declaration. Our President, on the contrary, alter ordering* Hcgotiation, after ob-» taiuing a convention, in the very terms he had dictated, and after publicly declaring his satisfac- tion with it, all at once refuses to ratify. What excuse he may have made, or whether he made any, we pretend not to know ; but we hope he did not assign the reason above mentioned; because it is not only insuilicientj but dangerous. It is pre- dicated on the faUe position, that covenants respect- ing territory we possess will be obligatory as to iliat which we ai'terwards acquire. Whence it would follo\^, that the purchase of Louisiana, and that w liich we are about to make of the Floridas, must enure to the benefit of England for every coinnuMcial privile^^c in the treaty of 1794. llaviMg taken this cursory view of the ten pcr- nuinent articles in the old treaty, we proceed to Ihose matters, the provisions relatin^^ to which had expired. It will be recollected that the geutleiucn by whom, and inider vVi.o«e auspices the new ' ': m *♦.. i \ 42 THE BRITISH TREATY. compact was formed, had selected, from the whole of Washiiiglou's administration, the treaty with England as the object of their peculiar censure, and most pointed criminatioti. That treaty, though negotiated under circumstances of peculiar difficulty and disadvantage, was devoted to popular odium without examination. It was said to curtail our trade, drain our treasury, surrender our seamen, restrain our manufactures, discourage our agricul- ture, involve us in war, and degrade us to the state of British provinces. That treaty, concluded by a statesman ^ f ? < nd sense, consummate pru- dence, and incorruptible honesty; approved by a Senate of no mean ' lei , and ratihed by the il- lustrious Washington ; that treaty, for defending which, men respected for their discernment, their judgment and fidelity, were exposed to the insult of an enraged and misguided populace ; that treaty is no more. After fulfilling the hopes of good men, and falsifying the predictions of others ; after pro- curing a surrender of the western posts, and thereby terminating Indian wars ; after closing the wound our public faith had received, by laws contravening the treaty of peace ; after obtaining, for injury done to our trade by British cruizers, a compensation greater than any thing w hich had ever been paid by one nation to another ; and, above all, after securing us from an alliance with France, by which we could have gained nothing, but must, like her other allies, after the loss of our wealth, our t THE BRITISH TREATV. 43 m tMmimcrcc, oiir industry, and our morals, have siicriliced our independence on the altar of Gallic ambition ; tlint misrepresented, decried, and vilified treaty lias expired. It expired when its enemies had exclusive possession of the government ; when, by the induence of party, they had ui.liniited power ; and when a majority of the people, re- nouncinc; the use of reason, reposed in them un- bounded confidence. It expired when England, whom they had pourtrayed, in 171M, as on the verge of bankruptcy, and in the last stage of de- crepitude, was not only laden with a new and accumulated burthen of debt, but was engaged, singly, in a war against France, Spain and Holland, America, on the contrary, had increased in strength and wealth beyond all example, and possessed resources bevond all hope. In a word, we were relea!>ed frojn our engagements with Britain, at the moment of all others, when those now in power, had their opposition been founded in reason or truth, were bound to perform what they said it was so easy for their predecessors to accomplish; and for the omission of which, they branded with foul imputation the ablest and best men ia America; men who would do honour to any age or nation. In these circumstances it might be asked, if our rulers have remedied (in 180()) the evils which (in 1794^) they imputed to their predecessors as cri- minal neglect. It might be asked whether England had ceased to impress seamen f»om American 44 THE BRITISH TUEATV, vessels, and pcrinitted our sliips to i^-ofcct 'i!(c jvoods of her enemy ? AVliether she hiid rcduerd the impost on our raw materials^ or lakcii ofi' the excess of duty on her own maniiriicliires exjortcd to America, hcyond what ihey pay on j!:oin{i,' to other countries ? >\ hether fchc has pfM-nnttrd us o enjoy a free trade with her colonies, or moHificd her navigation act in our favoiu' ? \\ hetlier sheliiis discontinued the exercise of her rigljt of search, or relinquished her system of blockade ? To tliese questions no satisliictory answer can be given. We shall not, therefore urge thoin. It is not our object to be severe; for if it were, we sliould say. Gentlemen, you comiilained of sacrifices made by the treaty of 1794; and not only o]^posed the ratification, but tried hard to excite opposiiion, after it had been ratified, and thereby become llic supreme law of the land. Now, llu ii, point out distinctly those sacrifices, if you would excjilpato yoursehes from the charge of uttering falscliood to excite sedition. And having designated tliem, give good reason forbearing patiently, now, wlien there is nothing to be gained, and notliing to be feared, what you insisted should not be snbniitted to then, for valuable consideration, and to iivoid impending danger. In the alternative to which you have re- duced yourselves, say — were the American people deceived then, or arc they betrayed now ? This would be the language of crimination. But wr have no wish to criminate. We rcallv believe these "w THE BRITISH TREATY. 45 '^' eiitlcmen complained so nu!<:li bccaurfc they knew so litllc. Wc proceed, tliercforc, coolly and impariinlly to exaininc what they have done, and to compare it with what th'^y denomiced. If their v ork be better, let tlieni, uotwitlutaiiding' the more favourable cir- cumstances, have praise and rlory. If worse, let lis pily and forgive. They insisted, tliat with re- spect to our India trade, the old treaty Iiad worked material irjuiy, by depriving' us of privileg'es en- joyed before— That it took awav the benefit of coast inti; between the difiereni poris of Asia, aiid prevcJited us from supplying* Europe with com- modities direct from India — That it was a ft-rievous hardship to be obliged to return home, and unlade the car-roes of the East before thev could be vended abroad — That a liUle iiitellirvMU'c would have taught our negotiator the inipoi taiice of the privilepjes he gave irp, and a very little flrnmess ha\c enabled him (o secure them. To prove his incapacity, or infidelity, it was obsei ved, that im- mediately after the treaty was made, an act of the British Parliament bestowed, .gratuitously, on all the world, more than we Iiad obt lined by irreat sacrifices. It was vain to rcjly, that what one law had granted, another might resume — That to secure gn at objects, by surrendering sniall ones, was better than to leave both at the discretion of those who might take them aw a} — That although the interest of Britain led Ltr^ at that moment^ to per- i'ii 46 Tllr BRITISH THEATY. mit, that wo, and oHumm, should enjoy mnrc tlian she had granled to us h^ficaty; yvi Iter interest mii^lit changv, or now men niij^ht adopt new measures, from false or partial views, from pique or eaprice. To this, and to every thing- else, a deaf car was turned. The ohjeet was not to reason, but to condemn ; and therefore assertion was ac- cepted for proof, and clamour for arj2;uinent. Let us then compare the third article of this new treaty wiili the thirteenth of the old on(r, and s-ec how our India trade will ahiud. >Vorse than before- much worse. Everv old restriction remains, and a new one is added of most serious elVeet. Our \essels trading to India must now sail direct from ports of the United States. Formerly they could be fitted out and laden in Europe. They could proceed from Germany or Holland to France and Spain, take in brandy, wine, and bullion; thence to Madeira, and so on. This cannot now be done; they must sail dii^ecl from the I'nited States. It has already l)een mentioned, that the fifth article of the new treaty contains regulations re- specting' the duties on ships and merchandize. To estimate their worth, we must compare them with provisions made, on the same subject, by the fif- teenth article of the old treaty. This reserved a right to Britain of countervailing, by duties on our vessels entering her ports, the excess of duties paid on European and Asiatic goods in her vessels entering our ports : a diflerence which operated I ^w THE BRITISH TRF.ATY. 47 strongly in our favour, and inailc us, almost, the ex- clusive carriers of articles for our own consumption. Britain saw, with concern, the flourishing state of our navigation ; and tried to restrain it by makinj; ref^^iilulions urcording" to the right she had reserved. But the atlenipl was vain ; for she could not lay a burlheu on the articles carried to her in our ships, without iujuriiig her general system of trade and Hianufa. tures. Thus, althoup;h each enjoyed equal rights, ouis could be, and were, exercised with advantage ; her's were useless. A dillbrence of this sort must exist, when nations, under circumstances materially dilFerent, make reciprocal covenants of the same import. Oi* this the new article before us presents an instance of no common magnitude. It declares that the same duties, drawbacks, and bounties shall be allosved, by both parties, in the trade of the two nations, whether the exportation or importation shall be in Uritish or American vessels. By these few, but potent words, our relative situa- tions are completely reversed, and a few years of peace would nearly annihilate our navigation. This, apparently, liberal provision was always a favourite object of the late Mr. Fox, whose intuitive ge- nius saw clearly its eftect. Indeed, rather than fail of obtaining it; he was willing to open, on the same terms, their West Indies to our shipping. It was a favourite also with our President, because it has a sort of philosophic appearance : perhaps also, because it seems to favour those who cultivate 48 THE BniTISH TREATY. tobacco. That it would injuio tliem^ as well as every other class of fho community, is evident, both from reason and experience. It is evident, from reason, because that eoinmodity must, like others, be reduced in price^ when one nation has a monopoly of the trade ; and that must happen when the navigation of the world belonc;s to one nation. It is evident fiom experience, because the price of tobacco has advanced as American naviga- tion has increased. ]>nt without spending time in seeking" the reasons for ])articular opinions, let us examine th(^ article. There was a time when ships could be built, in the United States, cheaper than in Europe ; and altliough tliey were navig-atcd at greater expense, yet the advantages of sailing de- rived from their construction, and the superior activity of our seamen, enabled us to compete for freight with the Dutch and English. But circum- stances have greatly changed. Ships, from the high wages given to our mechanics, and the high price to which timber has risen, cost more than in Europe. Sails and rigging are out of all proportion dearer, and so are seamen's wages. In time of peace, insurance will also be cheaper on British than on American ships. Thus, then, wc are to contend for the carriage of our produce, and of the articles we consume, w ith a nation possessing the advantage over us in equipping and navigating ships, as well as in the insurance. Perhaps it may be said that we can build as cheap as the English ; » mm I Tilli imiTISll TREATY. ¥J as nt, out ike Us a icn one tlio dc- and itslmll, for ar black-smiths, rope-makers, sail-makers, andseamen^ ^>ould fall so low, fronijbeing out of employ, that, notwithstanding the higher price of hemp, iron, copper, duck, and cordage, our merchants might (at some future day) resume the contest with better chance of success. Rare consolation ! Our mer- chants being ruined, and, inconsequence, the de- pendent members of our country's commerce reduc- ed to misery, these poor people, to obtain bread for their families, must work lower than men of the same descr-ntion in Europe, so as thereby to compensate the higher price of materials: in which Case a merchant may begin again, if he shall have been so prudent or fortunate as to save a little from tho^ wreck of his afl'airs; On general principles this result might be admitted. But is it certain that our sailors would remain idle rather than em- bark in British bottoms .? Is it certain that the numerous artificers now employed in building and equipping ships, would quietly starve, instead of seeking other employment ? Is it certain that young a 50 THE iJRITISIl TREATY'. V il li.H persons \TO;'.l!l continue to Irani tra(!cs of siu h little liopc ? We ackno\vli({i>,e tli.it djilerent im- pressions are made upon our minds. We believe that the blow iiiven to our trade and na\ii;;ition by this improvident concession, would llnow them back to what they were twenty Vi-ars ago. And we have no shadow ofdoubl, tliali>y tlie pivistratiaii of our commerce, every order of our fellow ciii/en^ would be 2;rievm!sly alllietcd. But if the lifth article of the now treaty be of such portentous import in it.velf, what is it when connected with that \\hirh immediately precede?, and tha,t which innnediately foliowa ; or rather, what is it not ? We have seen that our ships trad- ins: to India mu^t sail from and return to our own ports; and that, in the trade oi' the two nations, equal duties shall be imposed, he tlie ships Dritisli or American. V^ hen tlu se conventions are ratified, nothing more MJiil'e needful for Britain, to perfect her system, than to modify the nH)ii()poly of her India Company, so far as to permit all her mer- chants to trade freely with A.sia, provided they do not bring Chinese and Indian wares to Europe. A British ship could then sail from L(;ndon, pick up in the way whatever niiuht be needful to the assort- ment of her cargo, tradic along the; copst of Mala' bar and Coroma-idol, proceed to China, and at length come full fraught with tea, cofice, sugar, spices, silks and cottons to the Uuiled States. She could undersell her own adventures in our own THE BRITISH TREATY. 51 I ports, and return, ladci. with our most valuable comniodiiics, and our coin, to reward the industry ot" lliohc who live under a wise goveriiment. If an}' one should inia:j;,ine, that we could trade to India, under such di^advau'ag-e?, we iiitrcat him to apply for iiifornialion to an in1(>lli!:.;nt merchant in whom he lias conlidence. We couJd show, by facls 4inK)UHtiu.'>; to a d( mons(r>i itliout ret;'ai\l to their po- litical seiitimenis. JUit the InJia trade requiring- I;irr\e capital, it is r.osy ihle tliat s.r.all dealers mav, under the inilueiice of en\v, he not ujjv^illiug' that lbreic,'ner.s :-h()wh] run olt'witli the !)ri'.eiii wiii.h has iiithcrto che^u'c^d and chcjished our commercial cnlcrprize. Let sitcli persons look at Ihe nc?.t suc- (ccdiii^!; article, which slates, that as the parties <'aj;not ap'ree about our trade to tlicir West Indies, they wiiluiteinj)t an amicable arranr.i;rmeut, and, in tiie nicjui time, 'uclh may exercise (heir existing* rights. A more culting irony was never perhaps inseried in a national compact. \\ hal are (he e.\- istir.a,- ri 'diing, of course, in addilion to the prime cost in the islands, a freij^ht across the Atlantic in their ships, ilutlhe mi:>chief would not stop there. Tlicy would 52 THE HRITISII TREATY. I! not pvc us the (rouMo of frlchin^ ii, bill would themselves brinp; it out ; for which wc must also pay. Thev could underwork us, for the riusoiis already assigfned ; hesi(h\s, Ujeir ships, whieh uMist otherwise come in balhist in take a ea!'p;o ollinnher to the West Indies, or oHier bulky produce of m<.Mi in our pinching condition. It has often been remarked by observers of hu- man nature, that the fond and foohsli many (in the bliiubiess of ignorant fiassion) run counter io their own wishes, and do precisely what they strive to avoid. If such inconsetiuence were chargeable only to those who, enrolling themselvc' undc^' the banners of faction, havellie prescriptive right to be absurd, it would be so much in the common order as not to deserve a moment's notice. Rut the bell- wethers of the flock are, generally speaking, as poor and simple cattle as the rest. It is sn[)posed, that they vvlio direct our affairs, if they have any special sentiment beyond the desire to continue in olUee, are moved by a snarling, snappish Inunour towards England. Indeed, they have reason to be somewhat angry with the British govermnent, be- cause its measures have defeated their claim to the character of statesmen. It is certainly owing, in some degree, to the eiforts of that government, that England has neither become bankrupt, nor been enslaved, nor starved, nor subdued by France ; all which they have constantly predicted for the last fifteen or twenty years, with a zeal and persever- ance the more laudable, as they derived no support from reason, truths or probability. Men who look h^ THL BIiITISH TREATY. onlv skii;-c!een Tor m')tivo«, and take words for the ovitlLMice of tliini::^, were led to supiyc)'-!! tliat they wlioconplfd \Vadiinj;{oii and Britain toj^cthcr, lor the ti.kc of abiisinn- both, were as na:ch the -"iie- in i of one as ilic oilier ; and lliat, \v!:-en in power, their nieaHsires would be marked hy ^v;^lth aa,ainr,t the lords of t!ie ocean. Bnt no oj-inion eould be more mifonnded ; so far, at least, as ac (ion is eoncenied, the hostile ten per, if it really exist, has produced only acts of friendcliip v.wd i;ood will. There has ii-dced been nineli eouijdaintj niucli cross languag'e, and not a lillle of idle, empty menace. Bnt v. hat evidence have our rulers iiiven of a disposition to injure llrilain, or even to secure our country iigiiin^t her power .^ Have (hey prepar- ed :' (Icet to join o{];vy j)owei's in vindicatiiui,* the liberty of the sea ? Have they fortified our ports airainst that a^-siou to insult on the other. The independence of tho neutral is not questioned; his sovereignty is not violated. The fiscal result would, indeed, be the same, whether it be assumed as sufficient proof of French property, tiiat goods on board an American ship were going from Bourdeauxto Martinique, or declared that the trade not being permitted in time of peace, the property, though American, shall be confiscated; but the consequence, as it aifects our honour, would b.e widely dill'ercut. Besides, the former principle THE BRITISH TUFA TV. -HlH is of necessity bounded witln'n narrow limits ; biii the maxim, that a neutral shall carry on, onlv, his usual and accustomed trade, nuiy be ca I ended so as to embrace whatever the bcllif^erent may dt^sire. Once agree to it as a principle, and attempts to limit the operation will be vain. Moreover, it must be always remembered, that a slipulalion in one treaty is more fatal to the question of right, t!ian the pillage of a dozen wars. The pillager rna) in- deed cite, as a precedent, his former vio!'jnce on every new occasion. The argument that one injury "will justify another, has been frequently urged, and as frequently refuted ; but when, by solenni com- pact one party acknowledges iss a right the inju- rious claim of another, he is hound by his own act, and must submit to the coi:se(pieiue. The article before us permits the carriage of European goods, from our ports, to the colonic s of enemies of Great-Britain, under three conditions. The first is, that vessel and cargo are bona tide American property. This condition is proper and consonant to public law. Had the subsequent re- strictions been stated as con>enti(nial evidence of that fact, they would, in the present point of view, have been unexceptionable. JJut standing as they do, distinct additional conditions, they are the ac- knowledgment, on our part, that we have not the light to carry our own properly from our own ports to the colonies of a belligerent; an acknow- ledgment which ought not to be made. li THE imiTISH TREATY. Gl The second condition is, lliat the goods shall have hcen unladen in the United States. Here another unfounded claim of Britain is admitted; a claim which, with all the deference due hy citizens of one country to the tj;overnmoMt of another, we presume to believe she was wron;^ to make, because she would hardly permit it to be exercised against her own merchants. - We feel a strong' persuasion, therefore, that if tliis point (which had been assumed by her courts 'i had been properly represented to her ministers, they would have abandoned it. But certainly, even if, from prudential motives, we should submit to such an ("xercise of power, we ought never to acknowledge that it is legitimate. The stipulation in this treaty is precisely what Britain must desire, and, every way, injurious to us. In relation to otir claims for the past, her courts will say, you have deliberately assented to our principles. In future wars they will set it up anew, and insist, that as we submitted be- fore from rational conviction, (and we shall hardly be disposed to stultify and brutify ourselves by alleging that we acted from folly and fear,) we ought again to submit. But, should it so happen that we, being at war, while Britain is at peace, should claim the privilege she takes, her govern- ment would resist ; and we should find ourselves in the wrong. They would frankly admit, that, to promote the interests of the war in which they were engaged, they had found it necessary to 62 THE BHITISH THFATY. ijlji ' make an cxfraordinarv bfrctch of power. That we had, indeed, complaiiiod, and onr government had, for the form siike, renu)P8trated ; but, wishin.*^ ■well to their cause, and desirous of promoting their success, as far as it could without breakiu'j with friends at home, or niaking enemies abroad, had ihouiiht it, on the whoh\ most advisable to submit. They would ^o on, in support of this as- serlion. to observe, that when matters came to be adjusted, by treaty, an article was inserted con- tirmalory of the practice. But so far were tlie parties from admitting any j^eneral principle, or supposing that we should ever think of retaliating, that the aititlc related solely to us, provided for a special case of the moment, and contained no reciprocal stipidalion. We f houKl then be politeU' told, that, to make the cases analogous, we must show that preponderance of force to w hich we had thought it reasonable and just to submit. This would be no easy matter. But, a matter much more difficult would be to bend the high spirit of England, and persuade lier to brook national degradation. While on this part of the subject^ it may not be improper to add, that the language which, under the circumstances supposed, it might be competent to Britain to hold hereafter, it is competent to France to hold now. Our assent to this unequal stipulation may be considered as evi- dence of partiality. Our government may, in proof of its love to France, quote its friendly professions ; I :v. 1^ f THE BHITISH THEATV. 63 4 but, \vhctlior Napoleon and Bcncvt'iWo repose iu the Piesideiit's professions that conlldence which many among ns expiess in his talents, may admit of some doubt. 'i'he hist condition under which svc arc permitted to exercise our rii;ht, is, tliat we shall lay an cx- j)ort duty of one per cent, on European goods scut from tlie United States to colonies of the enemies of (ireat-Britain. Hitherto the sacrifices made affect only commercial interest and national honour ; ohjccts, for which much indifference has formerly been expressed by some great men of the day. They freely declared, that lor neither they woidd risque the chance, nor bear the expense of war. They were, nevertheless, loud in expressions of love for the constitution. That constitution, once the theme of their execration, is now the idol of their affection. And with reason; for they have found out the secret of turning it to good account. But the constitution says, in express terms, ''no " tax or duty shall be laid on articles exported " from any State." And the treaty exacts, as a condition on the carriage of goods from the United IJtates to the islands, that in addition to the duty res rved on exportation from the drawback, the further sum of one per cent, ad valorem shall be paid. We are not among those who consi- der the re' riction in our constitution as wise. We know it to be among those which, unreason- ably, insisted on by some members of the national 64 THE BRITISH TREATY. convention, was submitted io by otlicrs, from '' that " deference and concession which the peculiarity " of our political situation rendered indispensable." The clause, however, is there. Legislative inge- nuity will, no doubt, be exerted, if needful, in re- conciling it witli the article of the treaty. Mer- chants will perhaps be told there is no compulsion. They may pay or let it alone. If they pay, the custom-house will give a certificate. If not^ they may depart and take their chance. Perhaps, in greater tenderness for the constitution, it may be thought advisable that the legislature be silent, leaving matters to be settled between the execu- tive and the merchant. This would be an excel- lent contrivance ; for it would enible the Presi- dent, and two thirds of the Senate, who (as every body knows) have unlimited confidence in him, and were chosen for that very reason, to tax the good people of these United States ; provided they can get the assistance of a stout maritime power. It might be asserted, on the patt of Great- Britain, that the soldiers of Napoleon, who undergo hard- ships scarcely credible, and have entreated their enemies to terminate at once their misery and ex- istence, would cert.iinly revolt, if physical as well as moral means were not employed to secure their obedience — That the narcotic efl'ects of tobacco, which they use in profusion, have astonishing in- fluence in calming nervous irritation; whence it is evident that Napoleon's troops could not bear up THE BP.ITISH TREATY. 65 I t \Uu\cT their ciihmH'u^^, without a pipe of tobacco; This ar»M!ment has the niyrit of rosemblin^ that by Avhich it lias been demonstrated, that France car- ries on the present war with sugar and coffee re- ceived IVom this country. It would, therefore, equally jtjstify the prohibiting our merchants to furnish the enemies of Great-Britain with to- b.icco, under the usual penalty of confiscation. After a few months more of able nei>;otiation, a new "lause iicr and all sorts of furs, tortoise shells, hard \YOod or null tiuihcr, maho- gany and all other woods for cabinci ware, horses, '^ asses, mules and cattle being the grov>lh a».d pro- '^ duction of any of the colonies or plantations iit *' America belonging to the crown of 8pain, and all *' coin or bullion, diamonds or precious stones, " coming from thence ; and pro>idcd such Kritihh " and Spanibh vessels shall export from sucii free ports only the said gooi!s asid conniiOcUties, ana also rum, the produce of any British island, and also all goods, wares, nicrchaudizes and nui- " nufactures, vhich shall have l)een le^j,ally impoit- "■ ed, except masts, yards and bowsprits, pii( h, tar, " turpentine, and all other naval stores and to- *' bacco. " We do hereby authorize you, our Lieutenant - " Governor, or Commander in Chief for the time !' being, of the island of Jamaica, to grant licences tc €e THE BRITISH TREATY. 69 *"' accordingly. And do further require and en- " join )ou to give all necessary encouragcmeni; and " protection to such Spanish vessels, and likewise '' to all British vessels trading between the free '• ports in the said island of Jamaica and the Spa- *' nish colonies in America, under the regulations *• herein before prescribed." A perusal of these instructions will sliow the true value of what has been said in courts, and printed in pamphlets, about reducing the eiieniics of iiiitain by destroying the resources of their couiiiie'.ee, and about the injurv done to her miii- taryand naval opcralions by the unjust and unlaw- ful interference of those wicked neutrals. Go to the bottom of the business, and we find a niercan- tlle struggle for nioncv, in which the government assists by its power, its iuHucnce, and its negotia- tions. Mere countinu'-house politics. Not the most remote idea of injuring France or Spain, by inhibit- ing an intercourse with their colonies, but a seiierae to engross that trade to themselves. Accoidinglj, when they negotiate with us, the single object is to burthen and trammel our trade with such charges and regulations as may give their mer- cha Its a preference. Our negotiators have kindly gonv^ along with theirs, and, in the excess of their complaisance, have ceded, not only the interests of trade,, but the attributes of independence. That nothing might be wanting to complete the |»oodly work, this eleventh article closes with a de- 'ii' ^y 70 THE BRITISH TREATY'. V Ml tlar.ition, that, after the expiration of the trcatv, (viz. ill ten years) all antecedent rig-hts on these sub- jects are to revive. And thus we acknowled^^e as rights, provided the exercise be suspended for ten years, claims which should never be admitted under any pressure of necessity. We may, nay, we must, submit to superior power ; unless, as in our war for independence, it will please the Almighty to smile on and reward our resistance of oppression by his holy favour. But there can be no necessitv, use or advanlage, in acknowledging* oppress'on to be justice. If we dare not resist, let us quic 'y sub- mit. But let us not kiss the rod, or, like prisoners of the inquisition, applaud ils clemency while wc writhe in torture. The twelfth article, consideriiu^ the love of peace which our rulers profess, and the defenceless condi- tion to which they have reduced us, passes all com- prehension. It extends to Great Britain, and to all other nations who would adopt thesauxC regulation, the protection of our neuirality from a marine league to five miles from our shores. This beinc: agreed on, if a Spanish cruizcr should, at four miles dis- tance, take a British sliip, what are we to do ? According to the treaty she must be restored. Ac- 4 cording to general practice she is a good prize: And if we judge from experience, captors are more inclined to keep bau prizes, than to surrender good ones. They would undoubtedly and justly refuse to give up the British ship. The British minister > 4 .* '.*5> THE BRITISH TREATY. 71 would as iiiidoubtcclly and as justly insist on tli3 (XM'rorniance of our stipulation. What are wc io do ? Shall wc go to war for the recovery of a Bri- tish ship lawfully taken by a Spaniard, while Wtt permit the same Spaniard, and every one else, un- hnvfidly to take our own ships? Moreover, if the President should determine to take and restore the j)rize, what are his means ? His frigates arc fast in the mud. He has no public force at command, and it has been the undeviatina; policy of liis adminis- tration not to have any, lest he should be held ac- countable for the use of it; or rather, for suflering it to look idly on, while our fellow- citizens are insulted, plundered, killed. What are we to do ? The British insist. The Spanish refuse. Take what side we will, we must be in the wrong. ,The President might indeed make excuses and apo- logies. He is said to be able in that line. But the iLiiglish are n()t in the habit of receiving apo- loiiies instead of cash. AVe shoidd be charp-ed with perfidy. We should be threatened with re- prisals. What are we to do ? Nothing remains l)ut the old expedient of paying for peace. Con- gress must then appropriate to that object some of the money collected from trade ; for they have no other. And thus our merchants, aHer being pil- laged by both parties, must pay them for pluiidei^ ing each other. The clause in the t\vent3-third article whicli declares^ '' that all treaties hereafter made bv either M 13 THE BRITISH TREATf. " villi any nation sliJill, ipso facto, be extended in " all Hieir favourable operations to tlie other/' is \cry broad. By the second article of our treaty with France, •' the King and the United States niiitu- " ally enffag;e not to grant any particular favour to *' other nations, in respect of commerce and navi- *' g.ttion, which shall not immediately become com- " mon to tlie other party, who shall enjoy the same, " freely, if the concession was freely made, or on al- " lowing- the same compensation, if the concession *' was conditional." Our treatv with Sweden con- 4/ tains the same clause. The unlimited terms of this new stipulation, especially when compared with those more guarded of preceding compacts, will support a claim of Ctreat Britain to possess, without compensation, privileges we may grant to others for valuable consideration. To say the covenant is reciprocal is a fallacy ; for it is one thing to be re- ciprocal in form and words, but another to be re- ciprocal in t':;«jt ;iiid eft'ect. It we mistake not, it is substantially the same as if we had stipulated, solely and gratuitously, that Britain shall enjoy every privilege we may allow to any other nation. In- deed, our agiecmcMit with France and Sweden, thouiih more I lir, was not oiiile safe. Let it be rcnuunbercd that old nations have lou'.v since formed their systems of ilnance, commerce, and navigation; which, by the aid of experience, ;ind in the lapse of time, have been made to accord with their extent, population, soil, climate^ productions, and f I- THE BRITISH TREATY. 13 I I inaiiufachiics. TIumc is, then, little probability Ijiit any clKin[;"c will bo made, from which we can derive advantaii;e. I'lit the case with us is widely diiiereiit. That our power and wealth must increase, it* our union be preserved, and we are governed with tolerable discretion, can admit of no doubt. We sliall probably both acquire and ^rant privi- leges ill our diplonuilic tran&ac(ioiis. We ought nut, ihtielbre, to ilc up our hands, by prospective conditions wiUi any nation, and least of all with Gieal Britain ; because she has long since brought her coiiunercial system to perfection. The covenant on lier part must be sterile. We can derive no- thin"- from it ; but arc bound bv it to treat with the rest of (lie world, under her pleasure, and for her benefit. ^Ve preclude ourselves from granting an exclusive privilege, whatever advantage might be gained, or evil avoided. If the proposition be made, we must answer, it is not in our power ; we are already bound to EiiglaUvl, and must ask her per- micsion. The twenty- fourth article presents to us a fair flower of phiiosopliy. \^ e agree to join in abolish- ing- the slave trade. As a comment on this article, we lake leave to introduce what we consider as a contemporaneous c\pO!>iiion. In the British House of I'omruons, on the twenty-third day of February, not two months after the treaty was signed. Lord Howick (the British minister for foreign aifairs), iiftiir stating thatUie slave trade was both unjust and K. 7i Trii: nsiiTiMi TUiwiir, imi)()livoidd not conceal his opinion, tluit th(! ('H'eet of aboli shini.;- tlie trade would be to aboliisji slavery itself. \\c are not the advoeates of shivery. W e do not considi r oursilves authorized to hold otir lellovv-ercatures in bondage. But we do not arrogate the right of judging others ; nor presume to mak(; oiu* conscience a rule for theirs. \S c are bound by compact to our brethren in the Southern States, and (^nuiot in good faith attempt to wrest from them what they consider as property, and withotit which their other property would be i»ood for nolhiuu'. Nav, if we had lawful authority to emar.ci[)ate tiie slaves south of Penn- sylvania, we shouhl, with the »\\;imple of St. Do- mingo before our eyes, proceed with caution, and tremble with the apprehension, that, in remedying an e\il, we should let loose a legion of crimes. Europeans can speculate at their ease on events so distant, as to appear more like history than acliou ) M THE UIMTlSll Tltr.ATY. "' ) Tt is oflii^rwiso with inoii on llie spot, wlio sec llic v',\'.:-v of iiK-arii'dto ilevils, jiiid hear llie shrieks of ihcir vii'liins. Wlioii statonuMi of \vi-~tUmi and ox- jxriciice speak ihr lanL:,iK!L»;c of entbiisitisin ; when tiiry Nviio can kcsort to anus for a few se;il-skins on flic other side tlic «>,h)l>e, are thrown into spasms of sensibililv for the sulleriiKis of ne']:roes, who are daiiciiii;- all tlie while to Jiie sound of their banjoes, tliere is reason to suspect seniethin;,>' beside senti- ment. If we t!iiv(^ the troi.blc to examine facts, we shcdl (iiul the British colonies full mtmned witb Africans, \> hile those of their rivals want hands. Hi. I)oniinji,() must, when subdued, be peopled anew. [Moreover, if all these colonies were sunk in the sea, it would but cidiance the value, and increase tile revenue, of the IJritisli dominions in Asia. To abolish the sl:i\e trade, theicfore, is good sound fi)nli::h policy. To bottom the measure in argu- ment, or! these e Hcient principles of interest, would not sound so well as to boast of philanthropy, and express t!ie detestation of robbery and murder. Hut what motive have we to make the above-men- tioned cokupact, and what is to be its efi'ect ^ Was each party, in tbe ap[)iehension that bis con- science would not keep him to his duty, desirous of bolstering" up liie moral sense v/ith iJiplonnitic cngaLi,emeittsr^ Or was it intended to preclude de- bate in Parliament and in Congress ? if domestic operation alone was intended, diplomatic engage- ments were neither necessary nor proper. The 'I ' i 7() THE BIUTISII TREATV I rp!«pcctive legishifiiros s!ioiikl liavn bcrn left at liberty. Kit was iiitendril to Conn an nliiiinre ol- feiisive and defensive agaiiist the slave tr.ulo, om* ministers should have iiKpiired a lidle info our means and situation. Arc we, we, the i)a('i Ih', (o commence a career of knight errantry for Ma( k dulcineas ? Are we, we, who keep thousands in bondage, to declare that no one shall follow (Hir example.? Truly it would seem as if we were doomed to fiijjit for every thing except our own in- terest, our ovi'n rights, and oin* own honour. We pass over the rest of VAhat (l;i.4 treaty con- tains, to coniu< (hey are continued in office. The administration, llicrefore, considers them as still deserving of considerue. They have then conformed to iheir instructions, and fhe treaty is sucli as they were directed to make. Hence we are driven, in spite of ourselves, to conclude that what has been said is true — Thai the treaty was sent back, not from any disapprobation of its con- tents, but because it does not contain a relinquish- ment, by the King, of his claim to take British seamen from the merchant vessels of America. If Tin: BRITISH TTiEATY. 7T ) it be Irue tiiat our t»;ovcnmient have tiikea their slaiid on tliis f];rouiul, and for the reasons just assigned, (liis seems to be uiuiucstionable, we arc l)rouj!;lit ti) a point mIucIi deinauds our serious cou- sideraJion. if reason be agaitist tbe IJritisb claim, let it be resisted ; but if otherwise, God iuibid we j^houhl cnn;aj;e in war to establish injustice. Tlic question is two-fohl; ^vllelher Eiigland can rii>;htfu!lv compel her native subjects to man her fleets, andj if so, whether she can lawfidly exercise that light over sucli of them as arc in tlie ships of anolher country. Let it be premised, that as they pretend no right to take a native American, that case is not within tlie scope of our inquiry. Let it also be premised, that when nations are agreed respecting matlers of right, the way is opi.ii to expedients for muiual convenience. Matters of iiiterest frequently interfere, and require appropriate auano-ements bv mutual concession, for mutual advantage. But matters of right arc of diOerent nature and sterner stuif. They cannot interfere, uuh^sio where nations are at war ; because it cannot be right for one to prevent w hat another has a right to perform : Wherefore the right being established, submission is implied. Were it otlierwise, war must be the natural condition of man ; because the right to do on one side, and the right to oppose on the other, constitute precisely the state of war. It is a first principle of every government, that it can rightfully command the military service of us \ '\ :li TS THE BRITISH TREATY. citizens and subjects, If (liis be not admitted in America, ve are in a wretched cone] i( ion. Wc have no fleei ; we have not, ana, it is io be hoped, we never shall have, a s<4iidinp; aniiy. IT, there- lore, the militia caunol be couipeUed to defend tlicir country, what is to beconu; of us ? But it is said that, admitai.\e in the military service of nn enemy ol* the olher, rests on (his foundation, and wjuld, v/ilhout it, be an idle [)hrase. it is (rue that a (iil^'niit doctrine is maintained by soiiie ^\l:o ])revhirb can not exist. And after all, even it' wc sliould adopt that extravagant theory, the dirTicnlty nuist remain : other nations will not dispute with us the doctrinal points v>c assume to govern or to amuse ourselves ; but they ■vv'ill not permit us, under cover of our doctrines^ to invade their rights. It behoves us, tliereioie;, before we carry such notions into practice, to in- quire whether we are prepareci to force them upon other nations ; for -e must either embark in that extreme project, or acknowledge the rights which they exercise over their own subjects. So little, indeed, are the advocates for the supposed right of expatriation in harmony with themselves, that il^ey have, on a different luit notable occasion, strongly insisted that no one nation has a riiiht to interfere jn the domestic arrangements of another. Wc do not admit this axiom in its fullest extent, because we conceive that when it is a don^e^tic arrange- ment of one nation to sulyugatc otliers, all have a right to interfere, on the common principle of self- preservation. 15'ii no man, we believe, ever claim- ed for England aright to determine what laws the flench Republic should make or r<'peal respect- ing French citizens. Neither has it, as yet, been directly asserted that such power can be justly exercised over us by the Frencli IJepublic. We conclude, therefore, it will not be pretended that wc have such riivht over Britain. And if wc have C3 m fh THE BRITISH TREATY. 81 I ) not, it must be admitted that an Enivlishman^ romingto America^ comes subject to the obi igat^ions imposed by the lasYs of his native country; which obligations arc known, and of course excepted in the compact by which he becomes an American citizen. If this be admitted, and it can hardly be denied, the difficulty about certain papers given to seamen, and called protections, must vanish. The protection cannot avail against the prior right of his native country. Indeed, the facility with which it is obtained, in many of our sea-ports, is a suffi- cient rea on why it should not be respected. It is frequently granted to men just arrived from the Br'ti^h dominions, whose language betrays the fraud; and who, when afterwards questioned by a British olTicer about the alleged place of their nativity, cannot tell whether it is to be found in Ncw-Enghind or Virginia. Surely it cannot be ex- pected that a powerful i-aiion, whose cxiaicnce is staked on the chance of war, will be the dupe of such clumsy contrivcince. It has been already obi-cived that. a Britisjb si:bicct cannot, according to lie ]a^\s oi'tbui couish'y, (dis- engage himself i\inn {he t bligaiion ;o rei.dci* mili- tary ser\ ire; and that wc caiu.ot i\ka-^e hin5, be- cause w<' cannot make oi repeal the law.j of Kun:- land. To (bib it will be replied, thai, having uncon trr.lable authorilv to le2:isiat(' fov ourrjelves, our act (d' naturali' ilion, \)\ coMterriiig the right of citizen- ship, cancels anterior int 'ni^p-jtibh' duties. S2 THE BRITISH TRRATY. ( I this being a case in which supreme aiithoritv has made contrariant provisions, the iabt must prevail. Certainly it must, if they who made it had a right to do what they are supposed to liave done. Enough has already been said on the rii>lit. We shall only add here, that no question can arise while the party continues in America, because the British govern- ment cannot seize him within our territorial li- mits. Neither can a ruestion arise if he should re- turn liome, because he would then be where we have no jurisdiction. Hut it may be asked, what will be the condition of an Englishman, naturalized here, who may have been brouglit, by force, within the power of his native country t Unquestionably it must be that which the law of England provides; for we cannot interfere, unless he was seized in our dominion. Here, ihen, arises the second question, wliether, admitting that England possesses the right she claims over her native subjects, it can properly be exercised in American ships. Those who hold the negative contend, that, taking a man from under the, protection of our flair is a viohdion of our terri(orv. It becomes proper, lliorcfore, to inquire into tlie nature and exti iit of this protection. And heie the ilrst leading circumstance \< the comnion rii;lit to iiiivigate the ocean, wlioreby all are there at home, it is by virtue of this right, that powers at var take properly of their enemies in rt neutral «hip. The ocean belonging as much to the one :i» i •'>! T)IE nUlTlSIl TREATY. 83 I ' m to the other, if the neutral says the capture was made iti my dominion, the belligerent replies, it was made in mine : and the arguments to support one assertion establish both or neither. Until lately, it was not attempted to take enemy's goods ill the territory of a neutral power ; and it is worthy of remark, that this has been done by the nation which, for half a century, has urged the establish- ment of a maxim, that neutral ships shall protect eiiemv'i: goods. The conduct of Napoleon on this occasion is rather an example to be avoided, than a precedent to be pursued^ and cannot strengthen the right of search. Rut it docs not weaken that right. Let it, liowevcr, be remembered, that although it is usual to stop and search merchant ships, a similar practice towards public vessels of war is inadmissible. These are national fortresses, and bear (in the proper sense j ihc national flag. To such vessels alone, the idea of protection, by the flag, is applicable. The distinction between them and merchant ships is material to tlic present subject. Nations justly claim respect to their vessels of war, and, from that claim, corresponding duties arise. ^\ hen any thing wrong is done by then, the nationaj honour is bound to ma' e satisfaction : but the case vith merchant vessels is widely ditrercnt ; and th« condition of sovereigns would be wretched and base if every trick and fraud of a smuggler coidd implicate their honour. Yet, if we insist on the same respect to a priNate ship of trade as to a public ship of war^ ; t J 84 THE liRITiSII TREATY, yve must liokl ourselves equally accountable for vhc conduct of both, llencc the universal consent, that merchant vessels may be cxamiHed, detained and confiseaicd, according fo the nature of the case; and where they are injured, to compensate by money. For money bei;!^>; the ohject of trade, the national character is, in nowise, allected by what is done or sufi'ered in the pursuit. Seeing", tlicrefore, thi.t a power iii ■ ar has a right to take the ship and bring it into port, he must have a right to take his own subject out of the ship. It would be idle to suppose that a flag which cannot protect the ship itself, could protect the persons on board; or that it would be a violation of sovereignty to take part, when it is no violation to take the whole. But even if such distinction could be established, the matter would not be uKMided. If, for instance, Caeat Britain ilIiouUI adnnt that one of our mer- chant vessels (Miiovs, while in the open sea, sucb an emanation of sovereignty, that, to take away one of the crev;, would he tantamount to an invasion of our country ; reserving, ne\ertholes3, the estab- lisiied right lor v.hich the ship may, tor adjudication ofdoiiblful points, be sent into a Uiitish port: by c\crci>:ng that right the ship could be brought wi'ihin tiiose limits where the excln^iive territorial authoriiy iittaches. The suspLcted mun would tb( i). al'ier examination, he regularly put on board a n^m ofw.ii, and nothing v. ould, of course, be allowed for detaining the ship, and taking her out V > n THE BRITISH TREATV. «5 by -1 * > i ; -1 of her course, llonco it is evident, that, hj aban- don iii/j^ the known principles and usage of nations, we should involve ouisc^lves in a labyrinth of diffi- culties, for no i^oud purposCj and to considerable loss. ViUty it is HiiiJ, tIi(M'e is manifcit absurdity in prc- tcniiiij^'lhiit, because i;'<)ods may betaken, and, after due trial, be conliscated, men may be taken and condemned without tiiiil. It is monstrous to submit the dearest thiiii;^' v»e liave, our liberty, to the v/ill of miliiary men, who have an interest in taking it awav. '.rhis arfiuinesil is inixenious, but, in our apprehension, not solid, if British subjects only are impressed, it is none of our concern. Englishmen may do \\ith each other v»riat they please. If an American be imprcjj.'ed, it is, probably, from mis- take, and he suUers a misfortune incideiit to his profession ; bein^j; one of those evils, by reason whereof he is intided to, aiul receives extraordinary vvaci,-es. We vviil noi, hov-evca*, elude tlie argument^ but meet its fr.ll force. iVc s.iv, then, that if the violence be iiifenlionai, and done bv order of the sovereign, it i.i a iegilimate cause of war, and ought so (o be coru i:iered and treated. V^vX if done bv tlie ofilcer, wiilioiit ilie oaler of his government, ii is one among the miiny wrongs, for redress of vvhicli, resoil musl be had to the tribunals. The offieer iiiipivvising does it at his peril, and ) THE BRITISH TREATY. 87 I .1 sea- man, even >Yhen the ofiicer acts with pure and upright intentions. Moreover, the very mode adopted to mark out our citizens has increased, in- stead of diminishing the difficulty. Seamen care- lessly lose, or wantonly destroy, or fraudently dispose of their protections ; so that while many, whose countenance and pronunciation declare them to be (what they really are) native Americans, have no protections ; their comrades, from Scotland and Ireland, whose looks and language clearly designate their country, present their protections in proper form. On application, therefore, to the British government, and the consequent inquiries, facts frequently appear of such nature as might puzzle a discerning judge, much more a plain sea officer. Thus, by the peculiarity of its attending circum- stances, the question is brought to a kind of dilem- ma ; and, principles being acknowledged, it is contended, on our part, that Britain ought to forego a right which, from her own shewing, cannot be exercised without invading the rights of America — That she, being the actor, is bound to adopt regu- lations by which our citizens may be secured from violence. The case, considered in this aspect, i? certainly strong. But to the proposition that she shall forego her right, she replies, that without sup- posing, much less asserting, that the United States contemplate the seduction of her seamen into their service, it is impossible not to see that such would be the result-^That without regarding ihe loss of Wi! ■I'.m 88 Tin: niiiTisii Tiir.VTv. one coiintj V aiui i;juii of aiioiliiT (Vom ihiit event, a coiiscqiuMicc, fur nioic impoiliiiii comniiuuls hr.r aftciitioii — 'Vluii !t!ic is ;it wjir \\'\\\\ iUr nwi powiir- iul inoiuircli on carlh, who (hrc.ilciis invaiion and conquesl — Tljat slu; lias ImiI slciiflrr nicaiis ofde- IVnce at land, and may (slionld Ihr invasion take eflfect) 1)0 bloHml iVoni (lie list ofnalioi'.* — That, even if not suhcltiOil, slu; would hv. exposed to im- minent peril and most g'rievous ealauiij(elcd, by it, to iucon- \enici\ce and even lo injury, in line, thai if \\c in- sist Kn\ her re!incui:>.l;iu.'i: her onlv njcans of defence, she uust, thouj;h reluctantly, join in an appeal c si in \ ) V \\ e luivc already observed, that when parties are iig'i'jed us it) matter of right, the way is open to ar- raiiLienieiils for uiitiial convenience. We now add our sincere btlicf, that men of integrity and good sense, who woidd candidly seek, would certainly find, expedients to reconcile the exercise of her rights with the security of our citizens. We see^ however, with much concern, that instead of en- deavouring to remove, pains are taken to increase and multiply obslructious in the way of a fair and honest arrangeuKMit ; and that, instead of simpli- fying the question, it is endeavoured, by the use of general terms and severe invectives, to persuade the people of America that Great Britain ought to re- linquish a right, on the exercise of which, materially deprnfis her nutioniil existi^nce. IHlherto we have discussed the question on prin- ciph of pM.bUc liivv, and have not permitted any breath of inteiTat to blow eitlier way. het it not, however, be forgotten, that our ships of war go freely into Ciititih jiorts, are hospitably received, and are suiiered to depart without question, though nianiied in a great proportion by British subjects. Sorely they h.ive as good right to demand their sea- iiien as we have to demand ours. But it mav be asked, if this be a true state of the question on the ground of right ; and if it be doubtful on the ground of policy, whether we should strenuously insist on our right ; whence came the clamour, and whence the cry of oppression ? Wc M IMAGE EVALUATION TEST TARGET (MT-3) 4 A t/. 1.0 V^ iia I.I ■iO Hi |40 vi. mmm — 6 II 2.5 2.2 2.0 18 11.25 IIIIII.4 IIIIII.6 "/] v^ 7: 7 ^ Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (7)6) 872-4503 90 THE BRITISH TREATY. mi mi B do not conceive ourselves called on to account for so vain a thing as clamour. But, since the occasion is of portentous import, we will state the facts. We gain much, during the war, on trade which usually flows in other channels. Hence an extra demand for seamen, which America cannot supply ; so that this lucrative commerce will be less exten- sive than our merchants desire, if they cannot pro- cure seamen from other countries. Other neutrals are actuated by similar motives. We, however, speaking the same language, can have no want of British seamen, if, besides high wages and security from capture, we can protect them against impress- ment by British ships of war. Our merchants, therefore, have easily persuaded themselves to be- lieve that a British seaman, with one of the pro- tections above mentioned in his pocket, ought not to be taken out of their ships. In this faith they clamoured. Some of them, whose moral and po- litical notions are peculiarly agreeable to those who manage our aft'airs in the way they like best, have contrived to enlist the government in this scheme of traffic. But if, by contending on such bad ground, we are brought into war, our merchants will be the first to suil'er. Such of them as have property must tremble at the consequence. The cry, however, will be kept up by those whose de- ranged aflairs find an interest in confusion ; and by the fiery spirits, who readily sacrifice their country to their ambition. But what will be our condition, if we walk on in this crooked path ? We have advanced a claim, which, however the agents of THE BRITISH TREATY. 91 those who wish to embroil us may pretend to ap- prove, will be scouted by all the w jrld : for the position we take is not only untenable in itself, but opposed to the interest of other nations. Never- theless, to establish this claim, though without any chance of success, we shall perhaps be committed to a dangerous course of events. If Britain, strug- gling for life, be driven to desperation, she must strike. At the first blow our commerce is gone, ^he would be enriched with millions of our spoil, and we should, in a few months, acknowledge the rights which our rulers seem disposed to resist by the last extremities : for it is absurd to suppose the American people will bear the privations and hard- ships of war, to support a scheme of injustice. One good consequence has, however, resulted from the notion assumed by our rulers. There is too much reason to believe, that, if the usual course had been pursued with regard to the treaty, a con- stitutional majority of the Senate (from the confi- dence which thoy W( ic chosen to exhibit in the President) would have given their ready approba- tion. That onerous contract would then have been fastened about our necks for ten years, and some of its evil consequences for ever. That we are not at this moment the commercial vassals of England, is, therefore, in no small degree, to be attributed to the extravagant notion, that America is bound to protect every vagabond against the lawful authority of his own country. If, in the exercise of the British claim, or in any thing else, our sovereignty and independence are in ■ ';■) THE BRITISH TREATY. vadedj let no thought of consequences prevent us from asserting our honour. To preserve that, is our first duty, our highest concern. With it, we shall enjoy liberty, peace, and commerce. With- out it, we shall enjoy nothing long; for a nation which loses her honour, cannot preserve her inde- pendence. But we forbear to urge what we con- ceive to be unnecessary, when speaking to a iiigh- minded people. We intreat our fellow citizens to consider se- viously the situation in which they stand — to sus- pend the rage of party strife — to examine facts — to reason for themselves. We put in no claim of merit. We solicit not their favour, much less their suffrage. Let them honour those whom it pleaseth them to honour. But let them not forego the use of their understanding. They may perhaps be told that we are enemies to the people. Be it so. Wise men consider those as their friends who ir.'we them useful information. But, admitting us to be ene- mies, reason and truth, even in the :noulh of an enemy, are still reason and truth. The people may believe of us what they please, and call us by what- ever odious name their favourites may select or in- vent. All we ask of them is to show their friend- ship to themselves, by attending to what concerns themselves; instead of sitting still, their eyes closed, their ears shut, while they are bought and old like miserable slaves. THE END. APrENDIX ( 93 ) APPENDIX, &c. TREATY 0/ Amity, Commerce, and Nayigatson, between His Britannic Majcsiij and the United States of America. Signed at London, the l9//i of NovemheVf 1794. Ills Majesty's Ratification. George R. GEORGE the Third, by the grace of God, king of Great Britain, France, and Ireland, D-fender of the Faith, Duke of Brunswick and Lunenburgh, Arch-treasurer and Prince Elector of the holy Ro- man empire, &c. To all and singiihir to whom these presents shall come, greeting : whereas our right trusty and well-hcloved counsellor, William Windham, Baron Grenville of Wotton, our prin- cipal secretary of state for foreign ailUirs, &c &c. did, oti our part, together with the plenipotentiary of our good fiit iuls the United States of America, conclude and sign at London, on the nineteenth day of November, one thousand seven hundred and ninety- four, a treaty of amity, commerce, and navigation, between us and our said good friends : ana whereas a certain additional article has, on the part af the said United States, been proposed to be annexed to the said treaty as a part thereof; to which addition ;!. ■ . ! 94 APPENDIX OF >ve are willing to consent ; the said treaty and addi- tional article being in the words following: His Britannick Majesty and the United Slates of America, being desirous, by a treaty of amity, com- merce, and navigation, to terminate their ditfercnccs in such a manner as, without reference to the merits of their respective complaints and pretensions, may be the best calculated to produce mutual satisfaction and good understanding ; and also to regulate the commerce and navigation between their respective countries, territories, and people, in such a manner as to render the same reciprocally beneficial and satisfactory ; they have, respectively, named their plenipotentiaries, and given them full powers to treat of and conclude the said treaty ; that is to say, his Britannick Majesty has named, for his plenipo- tentiary, the Right Honourable William Windhan? Baron Grenville of Wotton, one of his Majesty's privy council, and his Majesty's principal secretary of state for foreign affairs; and the president of the said United States, by and with the advice and consent of the senate thereof, hath appointed for their plenipotentionary the Honourable John Jay, chief justice of the United States, and their envoy extraordinary to his Majesty, who have agreed oq and concluded the following articles : Article I. — There shall be a firm, inviolable, and universal peace, and a true and sincere friend* ship between his Britannick M^jesty^ his heirs and iMii STATE PAPERS. '95 successors, and the United States ofAmev-ca; and between their respective countries, territories, cities, towns, and people, of every degree, without excep- tion of persons or places. Article II. — His Majesty will withdraw all his troops and garrisons from all posts and places within the boundary lines assigned by the treaty of peace to the United States. This evacuation shall take place on or before the first day of June, 1796, and all the proper measures shall in the interval be taken by concert between the government of the United States and his Majesty's governor-general in Ame- rica, for settling the previous arrangements which may be necessary respecting the delivery of the said posts : the United States, in the mean time, at their discretion, extending their settlements to any part within the said boundary line, except within the precincts or jurisdiction of any of the said posts. All settlers and traders within the precincts or ju- risdiction of the said posts shall continue to enjoy, unmolested, ail their property of every kind, and shall be protected therein: they shall be at full liberty to remain there, or to remain with all or any part of their eifects; and it shall also be free to them to sell their lands, houses, or effects, or to re- tain the property thereof, at their discretion. Such of them as shall continue to reside within the said boundary lines shall not be compelled to become citizens of the United States, or to take anv oath of ■I I 9G APPENDIX Oi' allca^iancc to the government thereof, but they shall beat full libcrt) so to do, if they think proper ; and they shall make and declare their election within one year after the evacuation aforesaid. And all persons who shall continue there after the expiration of the said year, without having declared their ia- tention ofremainin|i^ subjects of his Britannick Ma- jesty, shall be considered as having elected to become citizens of the United States. Article III. — It is agreed, that it shall at all times be free to his Majesty's subjects, and to the citizens of the United States, and also to the Indians dwelling on either side of the said boundary line, freely to pass and repass, by land or inland naviga- tion, into the respective terrilorics and countries of the two parties on the continent of America, (the country within the limits of the Hudson's Bay Com- pany only excepted) and to navigate all the lakes, rivers, and waters, thereof, and freely to carry on trade and commerce with each other. But it is understood, that this article does not extend to the admission of vessels of the United States into the sea-ports, harbours, bays, or creeks, of his Majesty's said territories ; nor into such parts of the rivers in his Majesty's said territories as are between the mouth thereof and the highest port of entry from the sea, except in small vessels trading bond Jide between Montreal and Quebec, under such regu- lations as shall be established to prevent the possi- STATE PAPERS. 97 bility of any frauds in this respect; nor to the ad- mission of British vessels from the sea into the rivere of the • United States^ beyond the highest ports of entry for vessels from the sea. The river Mississippi shall, however, according to the treaty of peace, be entirely open to botli parties ; and it is further agreed, that all the ports and places on its eastern side, to which soever of the parties belonging, may freely be resorted to, and used by both parties, in as ample a manner as any of the Atkmtic ports or places of the United States, or any of the ports or places of his Majesty in Great Britain. All goods and merchandize, whose importation into his Majesty's said territories in America shall not be entirely prohibited, may freely, for the pur- poses of commerce, be carried info the same, in the manner aforesaid, by the citizens of the United States; and such goods and merchauulzv? shall be subject to no higher or other duties than wiruld be payable by his Majesty's sul jects ou the impoita- tion of the same from Europ , into iiie said territo- ries. And, in like manner, al! goods and merchan- dize, whose importation into the United States shall not be wholly prohibited, may freely, for the pur- pose of commerce, be cairied into the same, in the manner aforesaid, by his Majesty's subjects; and such goods and merchandize shj*Ii be subject to no higher or other duties than would be pa}able by the citizens of the United States on the impofta- XI 98 APPENDIX OF tion of the same, in American vessels, into (he At- lantic ports of the said slates. And all goods not prohibited to be exported from the said territories respectively, may, in like manner, be carried out of the same by the two parties respectively, paying duty as aforesaid. No duty of entry shall ever be levied, by either party, on peltries brought by land or inland navi- gation into the said territories respectively ; nor shall the Indians, passing or repassing with their own proper goods and efi'ects, of whatever Natiire, pay for the same any impost or duty whatever ; but goods in bales, or other large packages unusual among Indians, shall not be considered as goods belonging bond fide to Indians. No higher or other tolls of rates of ferriage than ■what are or shall be payable by natives, slndl be demanded on either side; and no duties shall be payable on any goods which shall merely he carried ovej any of the portages or carrying-places on either side, for the purpose of being immediately re-em- barked and carried to some other place or places. But as by this stipulation it is only meant to secure to each party a free passage across the portages on both sides, it is agreed, that this exemption from duty shall extend only to such goods as are carried in the usual and direct road across the I'oitage, and are not attempted to be in any manner sold or ex- changed during their passage acioss the same ; and STATE PAPERg. 99 proper re^'ulutions may be establisihed to prevoat the possibility of any frauds in this respect. As this article is infoiidcd to render, in a great degree, the local advantages of each party coniaion to both, and thereby to promote a disposition fa- vourable to friendship and good neighbourhood, it is agreed, that the respective governments will mu- tually promote this amicable intercourse, by causing speedy and impartial justice to be done,and necessary protection io be extended to all who may be con- cerned therein. AuTfCLE IV. — Whereas it is uncertain whether tlie river Mississippi extends so far to the northward as to be intersected by a line to be drawn due west from the Lake of the Woods, in the manner mentioned in the treaty of peace between his Ma- jesty and the United States ; it is agreed, that mea- suics shall be (aken, in concert with his Majesty's govern liicnt in America, and the government of the United Siat^j, for making a joini survey of the said river from one degree of latitude below the falls of St. Anthony, to the principal source or sources of the said river, and also of the paits adjacent thereto; and that if, on the result of such survey, it siiould aj)pear that the said river would not be intersected by such a line as is abo\e-mentioned, the two parties wdl thereupon proceed, by amicable negotiation, to regulate the boundary line in that quarter, as well as all other points^ to be adjiisted betweeu the said I I 100 APPENDIX or parties^ uccording; to justice and mutual conveni- ence, and in confunniiy to tlie intent of the said treaty. Article V. — Whereas doubts have arisen what river was truly intended under the name of the river St. Croix, mentioned in the said treaty of peace, and forming a part of the boundary therein described, that question shall be referred to the final decision of commissioners^ to be appointed in the following manner, viz. One Commissioner shall be named by his Majesty, and one by the president of the United States, by and with the advice and consent of the senate thereof, and the said two commissioners shall agree on the choice of a third ; or, if they cannot so agree, they shall each propose one person ; and of the two names so proposed, one shall be drawn by lot in the presence of the two original commis- sioners : and the three commissioners so appointed shall be sworn impartially to examine and decide the said question according to such evidence as shall respectively be laid before them on the part of the British Government and of the United States. The said commissioners shall meet at Halifax, and shall have power to adjourn to such other place or places as they. shall think fit. They shall have power to appoint a secretary, and to employ such surveyors or other persons as they shall judge ne- cessary. The said commissioners shall, by a decla^ STATE PAPERS. 101 ration under their Iiniids and seals, decide >v1iat river is the river St. Croix intended hy the treaty. The said declaration shall contain a description of the said river> and shall particularise the latitude and longitude ofits mouth and of its source. Duplicates of this declaration, and of the statements of their accounts, and of the journal of their proceedings, ihall be delivered by them to the agent of his Ma- jesty, and to the agent of the Unite 1 Slates, who may be respectively appointed and author'7ed to manage the business on behalf of the respeclive governments : and both parties agree to consider such decision as final and conclusive, so as thai the game shall never thereafter be called into question, or made the subject of dispute or difference between them. Article VI. Whereas it is alledgcd^ by divers British mercliaiits, and others his Majesty's sub- jects, that debts to a considerable amount, which were bona fide contracted before the peace, still re- main owing to them by citizens or inliabitants of the United States, and that, by the operation of va- rious lawful impediments since the peace, not only the full recovery of the said debts has been delayed, but also the value and security thereof have been, in several instances, impaired and lessened, so that, by the ordinary course of judicial proceedings, the British creditors cannot now obtain, and actually have and receive full and adequate compensation 102 APPENDIX OF for the losses aiul damages wliich *hey have hereby sustained ; it is a^ieed, tliat in all such cases where full compensation for such losses and d;)maj:^es can- not, for whatever rcusoii, be actually obtained, had and received by the said creditors in thr oalinary course of juslice^the United States will make full and complete compensation for thesatnelo tlie said cre- ditors: but it is as distinctly understood that this pro- vision is to extend to the losseso ly ashave h en ocea- sioned by such lav fu! iinpediin-nts aforesaid, and is not to extend to losses oeoasioned by such insi>i ency of the debtors, or other causes, as woiiM eq ally h ive operated to produce such loss if tiie said ii;»peui- ments had not existed, nor to such losses or daniaj^es as have been occasioned by the manifest delay or negligence, or wilful omission, of the claimant. For the purpose of ascertaining the amount of any such losses and damaL,es, five commissioner^ shall be appointed, and authorized to meet and act in manner following, viz. Two of them shall be appointed by his Majesty, two of them by the pre- sident of the United S(atcs, by and with the advice and consent of the senate thereof, anu the iifth by the unanimous voice of the other four; and if they should not agree in such choice, then the commis- sioners named by the two parties Jshall respectively propose one person, and of the two names so pro- posed one shall be drawn by lot in the presence of the four original commissioners. STATE PAPERS. 103 When the five commissioners thus appointed shall tirst mcvi, thej shall, before they proceed to act respectively, take the following oath or affirma- tion, in the presence of each other, which oath or affirmation being so taken and duly attested, shall be entered on the reco»d of their proceedings, viz, *' ], A. B. one of the commissioners appointed in pursuance of the sixth article of the treaty of amiiy, commarties, the same being previously ascertained and aUowed by the ma- jority of the commissioners. And in tbe case of death, sickness, or necessary absence, the phice of every such commissioner respectively shall be sup- plied in the same manner as such commissioner was first appointed, and the new commissioner shall take the same oath or aHirmation, and do the same auties, ARTICLE IX. It is agreed, that Brilfili subjects, who now hold lands in the territories of the United States, and American citizens who now hold lands in the dominions of his Majesty, shall continue to hold them according to the nature and tenure of their respective states and titles therein ; and may grant, sell or devise the same to whom they please, jn like manner as if they were natives; and that i STATE PAPEnS. 109 neither they, nor their heirs or assigns, shall, so far as may respect the said lands, and tiie legal re- medies incident thereto, be regarded a<5 aliens. Article X. Neither the debts dii;' from indi- viduals of the one nation to individuals of the other, nor shares, nor monies, which they may lla^e in the public funds, or in the public or private banks, shall ever, in any event of war or national differ- ences, be sequestered or confiscated, it being unjust _^ and impolitic that debts and engagements contract- ed and made by individuals having conHde;iCc in each other, and in their respective governments, should ever be destroyed or impaired by national authority, on account of national differences and discontents. Article XI. It is agreed between his Majesty and the United States of America, that there shall be a reciprocal and entirely perfect liberty of navi- gation and commerce between their re>pective peo- ple, in the manner, under the limitations, and on the conditions specified in the following articles. Article XII. — His Majesty consents, that it shall and may be lawful, during the time hereinaft t limited, for the citizens of the United States to carry to any of hie Majesty's islands and ports in the West Indies from the United States, in their own vessels, not being above the burthen of seventy tons, any goods or merchandizes, being of the growth, manufacture, or produce of the said States, which it is or may be lawful to carry to the •b*. :!il ;•! no APPENDIX OF said islands or ports i\)ni Hjc said States in T^ritisli \essels; and that the said American vess* i^ shaiibe siibj' ct there to no other or highc/ lojiniiio duties or chaigi^s than shall be pa>able l)y British vessels in the ports of the United States. ; and thiit the cargoes of the said American vessels shall be sub- ject tlierft to no other or higher duties or charges than shall be payable on the like articles, if imported there from the said States in British vessels. And his Majeity alr^o consents, that it shall be lawful for the said American citizens to purchase, load, and carry away, in their said vessels, to tlie United States, from the said i-lands and portr, all such articles, being of the growth, manufacture, or produce of tht said islands, us may now by law be carried from thence to the said States in British vessels, and subject only to the same duties and charges on exportation to which British vessels and their cargoes arc or shall be subject in similar cir- cumstances. Provided always, that the said American vessels do carry and land their cargoes in the United States only, it being expressly agreed and declared, that during the continuance of this article, the United States will prohibit and restraii. the carrying any melasses, sugar, coft'ee, cocoa or cotton, in Ame- rican vessels, either from his Majesty's islands or from the United States, to any part of the world, except the United States, reasonable sea stores ex- cepted. ¥■'•■ STATE P.VPERS, 111 Provided also, that it shall and may be lav^ful, during the same period, for British vessels to im- port from the said islands into the United States, and to export from the United States to the said islands, all articles whatever, being of the growth, produce or manufacture of the said islands, or of the United States respectively, which now may, by the laws of the said States, be so imported and ex- ported. And that the cargoes of the said British vessels shall be subject to no other or higher duties or chargps than shall be payable on the same ar- ticles, if so imported or exported in American ves- sels. It is agreed, that this article, and every matter and thing therein contained, shall continue to be in force during the continuance of the war in which his Majesty is now engaged ; and also for two \ears from and. after the signature of the preliminary or other articles of peace by which the same may be terminated. And it is further agreed, that, at the expiration of the said term, the two contracting parties will endeavour fu;thcr to regulate their toinmcLce in this respecl, acccixling to the situation in which his Majestv miy then find himself with respect to the Weit fndies, and ^vitli a view to such ai.ani»:e- inents as ma) best conduce to the mutual advan- tage and extension of commerce. And the said parties will then also renew their discusi^ioiis, aad endeavour to a2:rcc, whetlier in m APPENDIX or any or what cases neutral vessels shall protect ene- my's property; and in what cases, provisions and other articles, not generally contraband, may be- come such. But, in the mean time, their conduct towards each other, in these respects, sliall be regu- lated by the articles hereinafter inserted on those subjects. AuTiCLE XIII. His Miijesty consents, that the vcHsels belonging to the citizens of the United States of America shall be admitted and hospitably received in all the sea-ports and harbours of the British territories in the East Indies. And that the citizens of the said United States may freely carry on a trad", between the said territories and the said United States in all articles, of which the impor- tation or exportation respectively to or from the said territories shall not be entirely prohibited. Pro- vided only, that it shall not be lawful for them, in any time of war, between the British government and any other power or state whatever, to export from the said territories, without the special per- mission of the British goverinncnt there, any- mili- tary stores or naval stores, or rice. The citizens of the United Shites shall pay for their vessels, when admitted into the said ports, no other or higlier tonnage duty {ban shall be payable on British ves- sels when admitted into the ports of the United States. And they shall pay no other or higher duties or charges on the importation or exportation of the cargoes of the said vessels than shall be pay- State papers. 113 he- ind ►e- ict ;u- losc |tlic itcd ibly the the able on the same articles when imported or exported in British vessels. But it is expressly a^^reed, that the vessels of the United States shall not carry any of the articlt's exported hy them from the said British territories to any port or place, except to some port or place in America, where the same shall be unladen: and such rej^ulations shall be adopted by both parties as shall, from time to time, be found necessary to enforce the due and faithful observance of this stipulation. It is also understood, that the permission granted by this article is not to extend to allow the vessels of the United States to carry on any part of the coasting trade of the said British territories ; but vessels going with their original cargoes, or part thereof, from one port of discharge to another, are not to be considered as carrying on the coasting trade. Neither is this article to be construed to allow the citizens of s, government, and jurisdiction of >vbatevcr nature, established in such harbour, port, or place, accord- ing as the same may be : the citixens of the United States may also touch, for refreshment, at the island of St. Helena, but subject, in all respects, to such regulations as the British government may from time to time establish there. Article XIV. There shall be between all the dominions of his Majesty in Europe, and the terri- tories of the United States, areciprocaKand perfect liberty of commerce and navigation. The people and inhabitants of the two countries respectively^ shall have liberty freely and securely, and without hindrance and molestation, to come with their ships and cargoes to the lands, countries, cities, ports, places, and rivers, within the dominions and terri- tories aforesaid, to enter into the same, to resort there, and to remain and reside there, without any limitation of time; also to hire and possess houses a.id warehouses for the purposes of their com- merce, and generally, the merchauts and traders on each side shall enjoy the most complete protection and security for their conuncrce, but subject always as to what respects this ai tide, to the laws and .sta- tutes of the two countries resj)cctlvelv. Article XY. It is agreed, that no other or higher duties shall be paid by the ships or mer- chandize of the one parly in the ports of the other. STATE PAPERfi. 115 than such ns arc paid by llie like vessels or mcrclian- di'/c of all other nations. Nor shall any other or higher duty he imposed in one country on the importation of any articles, the growth, produce, or manufacture of the othpr, than arc or shall he j)ayal)lc on tlie importation of the like articles, beinii; of tire growth, produce, or maiuifacture of any other foreii;n country. Nor s-hall any prohi- bition be imposed on the exportation or importation of any articles to or from the territories of the two |)arties respectively, which shall not equally extend to all other . liong. But the British government reserves to itself the light of imposing on American vessels entering into the British ports in Europe, a tonnage duty equal to that which shall be payable by Briti-^h vessels in the ports of America ; and also such duty as may he adequate to countervail the dilferencc of i\\iiy now payable on the importation of Euro- pean and Asiatic goods when imported into the Luiled Stales in American or in 15ritish vessels. Tiic two parties agree to treat for the more exact equalizalion of the duties on the respective naviga- tion of their subjects and the people in such manner as may be most beneficial to the two countiies. The arrangements for this purpose shall be made at the same time with those mentioned at the conclusioa of the twelfth article of this treaty, and are to be considered as a part thereof. In the interval, it is ^;rced that the United States will not impose ^ny 116 APPENDIX OF new or additional tonrnge duties on British vessels, nor increase aU offenders iii thiii respect shall he |)unished as dis- turbers of the peace and amity hetvveiMi the tvva countries. And his Majesty coiiscmjIs, that incase an American vessel should, by stress of weather, anger from enemies, or other misfortunes, be re- duced to the necessity of seekinji; shelter in any of his Majesty's ports, into which such vessel could not, in ordinary cases, claim to be admitted, she shall, on manifesting that necessity to the satis- faction of the government of the place, be hospi- tably received and permitted to refit, and to pur- chase at the market price such necessaries as she may stand in need of, conformably to such orders and regulations as the government i^i' the place, having respect to circumstances of each case, shall prescribe. She shall not be allowed to break bulk or unload her cargo, unless the same shall be botid fide necessary to her being refitted : nor shall she be permitted to sell any part of her cargo, unless so much only as may be necessary to defray her ex- pences, and then not without the express per- mission of the government of the place ; nor shall Jie be obliged to pay any duties whatever, except v' ?y on such articles as she may be permitted to » '• ^or the purpose aforesai-!. AKTicLE XXIV. It shall not be lawful for any foreign privateers ( not being subjects or citizens of STATE PAPERS. 123 cither of the said parties ) who have commissions from any other prince or state in enmity with either nation, to arm their ships in the ports of either of the said parties, nor to sell what they have taken, nor in any other manner to exchange the same ; nor shall they be allowed to purchase more provisions than shall be necessary for their going to the near- est port of that prince or state from whom they ubtairjcd tlieir c^nunissions. ARTICLE XXV. It shall be lawful for the ships of war and privateers, belonging to the said pa. ties rcsp 'c*iV(^ly, to carry whithersoever they please the ships and goods taken from their enemies, without being obli,!;ed to pay any fee to the offices of the Admiralty, or to any judges whatever; nor shall the said prizes, when they arrive at and enter the ports of the said parties, be detained or seized, neither shall the searchers or other officers of those places visit such prizes ( except for the pur- pose of preventing the carrying of any part of the cariro thereof OH shore, in any manner contrary to the established laws of revenue, navigation or com- merce) nor shall such officers take cognizance ot the \:iUdity of such prizes; but they shall be at liberty to hoist sail, and depart as speedily as may be, and carry their said prizes to the place men- tion«'d in their conunissions or patents, which the commanders of tlie said ships of war or privateers shall be obliged to shew. ti: 1^ APPENDIX OF ^ li No shelter or refuge shall be given in their porti to such as have made a prize upon the subjects or citizens of either of the said parties ; but if forced, by stress of weather, or the dangers of the sea, to enter therein, particular care shall be taken to hasten their departure, and to cause them to retire as soon as possible. Nothing in this treaty contain- ed shall, however, be construed to operate contrary to the former and existing public treaties with other sovereigns or states : But the two parties agree, that while they continue in amity, neither of them will in future make any treaty that shall be incon- sistent with this or the preceding article. Neither of the said parties shall permit the ships or goods belonging to the subjects or citizens of the other to be taken within cannon shot of the coast, nor in any of the bays, ports or rivers of their ter* ritories, by ships of war, or others having commis- sion from any prince, republic, or state whatever. But in case it should so happen, the party, whose territorial right shall thus have been violated, shall use his utmost endeavours to obtain from the of- fending party full and ample satisfaction for the vessel or vessels so taken, whether the same be vessels of war or merchant vessels. Article XXVI. If at any time a rupture should take place (which God forbid) between his Majesty and the United States, the merchants and others of each of the two nations residing in the dominions of the other, shall have the privilege of STATE PAPERS ITj remaining and continuing their trade so long- as they behavo peaceably, and commit no offence against the laws; and in case their conduct should render them suspected, and the respective go- vernments should think proper to order them to remove, the term of twelve months, from the pub- lication of the order, shall be allowed them for that purpose, to remove with their families, effects and property ; but this favour shall not be extended trt those who shall act contrary to the established laws ; and for greater certainty it is declared, that such rupture shall not be deemed to exist while iiegotiaJions fur accommodating differences shall be d pending, nor until the respective ambassadors or minisi Ts, if such there shall be, shall be recalled or sent home oti account of such differences, and not on account of personal misconduct, accordin5>* to the nature and d«^grees of which both parties retain their rights, either to request the recal, or immediately to send home the ambassador or mi- nister of the other; and that without prejudice to their mutual friendship and good understanding. Article XXVIT. It is further agreed, that his Majesty and the United States, on niutunl requi sitions by them respectively, or by their respective ministers, or officers authorized to make the same, will deliver up to justice all persons, who being charged with murder or forgery, committed within the jurisdiction of either, shall seek an asylum y^'ithinany of the countries of the other, provided 12G APPENDIX OF J! that this shall only be done on such evldoncc of ciiuiinalit)', as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and com- mitment for trial, if the oftence had there been committed. The expence of such apprehension and delivery shall be borne and defrayed by those who make the requisition, and receive the fugitive. Article XXVIII. It is agreed that the first ten articles of this treaty shall be permanent, and that the subsequent articles, except the twelfth, shall be limited in their duration to twelve years, to be computed from the day on which the ratifi- cations of this treaty shall be exchanged, but sub ject to this condition : — That whereas the said twelfth article will expire, by the limitation there in contained, at the end of two years from the signing the preliminary or qthcr articles of peace which shall terminate the present war in which his Majesty is engaged ; it is agreed, that proper measures shall, by concert, be taken for bringing the suhiect of that article into amicable treaty and discussion, so early before the expiration of the said term, as that new arrangements on that head may by that time be perfected, and ready to take place. But if it should imfortunatcly happen, that his Majesty and the United States should not be able to agree on such new ar- ra ngements exce in that case all the articles of this treaty, except the first ten, shall then cease and expire together. STATE I^APERS. 127 Lastly, This treaty, when tho'same shall have heen ratified by his Majesty, and by the president of the United States, by and with the advice and con- sent of their senate, and the respective ratifications mutually exchanged, shall be binding and obligatory on his Majesty, and on the said states, and shall be by them respectively executed and observed with punctuality, and the most sincere regard to good faith. And whereas it will be expedient, in order the better to facilitate intercourse and obviate difficulties, that other articles be proposed andadded to this treaty, which articles, from want of time and other circumstances, cannot now be perfected, it is agreed, that the said parties will, from time to time, readily treat of and concerning- such articles, and will sincerely endeavour so to form them, as that they may conduce to mutual con- venience, and tend to promote mutual satisfaction and friendship; and that the said articles, after having been duly ratified, shall be added to, and make a part of this treaty. In faith whereof, we, the undersigned Ministers Plenipotentiary of his Majesty the King of Great Britain and the United States of America, have signed this present treaty, and have caused to be affixed thereto the seal of our arms. Done at London, this Nineteenth day of No- vember, One thousand seven hundred and ninety-four. -i Grenville. (L. S.) John Jav, ( L. s. ) ns APPENDIX OF Sir, Philnddphia, Stpi. 5, 1793. I AM honoured w'vh yours of August 30. Mine of the 7(h of that mouth assured you, that measures were taken for exduding IVora all further asylum in our ports vessels aiincd in them to cruize on nations with which we were at peace, and for the restoration of the prizes, the Lovely Lass, Prince William Henry, and the Jane, of Dublin ; and that should the measures for restitution fail in their effect, the president considered it as incumbent on the United States to make compensation for the vessels. We are bound by our treaties with three of the belligerent nations, by all the means in our power, to protect and defend their vessels and effects in our ports or waters, or on the seas near our shores^ and to recover and restore the same to the right owners when taken from them. If all the means in our power are used, and fail in their effect, we are not bound by our treaties with those nations to make compensation. Though we have no similar treaty with Great Britain, it was the opinion of the piA^sident, that we should use towards that nation the same rule, which, under this article, was to govern us with the other nations ; and even to extend it to captures made on the high seas, and brought into our ports, if done by vessels whic^ had been armed within them. Having, for particular reasons, forbore to use all STATE PAPEUS. 1-29 f]ic means in our power (or flio rostiiiilioji of iho three vessels montionetl in my letter of Aiijyust Ttli, ili(! president tliouijclit it ineiitubent on ti)o United Stati's to make eve have thought proper to invest some fit person with full powers on our part to con- fer, treaty and conclude with John Jay, esquire, the envoy extraordinary of the said United States, to our court, now residing at our said court, and duly authorized in that behalf on the part of the said United States. Now know ye, that vvc, reposing especial trust and confidence in the wisdom, loyalty, diligence and circumspection of our right trusty and well-beloved counsellor William Windham, w 136 APPK\r)i\ OP Baron Gicnvillc of Wofion, and our jirincipal se- cretary oF state for forcij:;n aflairs, huso ii(niiiii;»ted, constituted and appointed, and Ijy iIieH(» presents do nominate, constittite aiul appoint Iiini onr trne, cer- tain and undoubted coininissioner, proeu.ator and plenipotentiary: Givin.:^ and i^ranlinji^ to liini all and all manner of faculty, power and authority, together with general as well as sp(>cial orders (so as the general do not derogate from the special, nor on the contrary) for us and in oin* name to meet, confer, treat ^^nd oncliide with tiie said minister, furnished with suiiicient pow(;rs on the part of our said good friends the ^^rtited States of America, of and concerning all such maiters and things as may be requisite and necessary for accomjdishing and compleating the several ends and purposes herein before mentioned ; and also for us and in ouv name to sign such treaty or treaties, convention or con- ventions, or other instrum(Mits whatsoever, as may be agreed upon in the premises, and nuihially to deliver and receive the same in (v\e will acc« pt, ratify and confuu), in the most eifectual manner, all uch acts, matterb and things, as »hall be so traubacted and STATE PAPERS. 137 concluded by our aforesaid coniiuissionerj procura- tor and plenipotentiary, and that we will never suffer any person to violate the same, in the whole or in part, or to act contrary thereto. In testimony and confirmation of all which, we have caused our great seal of Great Britain to be alHxed to these presents, signed w!th our royal hand. Given at our palace at St. James's, the seven- teenth day of November, in the year of our Lord one thousand seven hundred and ninety-four, and in the thirty-fifth year of our reign. FULL POWER OF THE UNITED STATES. CJeorge Washington, President of the United States of America. To all and singular whom these presents shall concern, greeting, Know ye, that, for the purpose of confirming between the United States of Ameri- ca and his Britannic Majesty, perfect harmony and a good correspondence, and of removing all grounds of dissatisfaction, and from a special trust and con- fidence in the integrity, prudence and abilities of John Jay, chief justice of the United States, I have nominated, and, by and with the advice and con- ic nt of the senate, appointed the said John Jay, envoy extraordinary of the IJnited States to his Britannic Majesty, hereby giving and granting to I T~ 138 APPENDIX OF him full and all manner of power and authority, at alsoas^mual and special command, at the court of his said Majesty, for and in llie name of the United States, to meet and confer with the ministers, com- missioners or deputies of his said Majesty, heing furnished with sufficient authority, whether singly and separately, or collectively and jointly, and >\'ith them to agree, treat, consult and negotiate of and concerning all matters and causes of difference subsisting between the United States and his said Ma- jesty, whether the same respect the inexecution or infraction of the armistice declaring a cessation of hostilities between the United Stales of America and his Britannic Majesty, at Versailles, on the 20th day of January, 1783, or the definitive treaty of peace made between the United States and his said Majesty on the 3d day of September, 1783, or the instructions of his said Majesty to his ships of war and privateers, of whatsoever date, but espe- cially on the 39th of June, 1793, the 6th of Novem*- ber, 1793, and the 8th of January, 1794; or resti- tution or compensation in the cases of capture or seizure made of the property of the citizens of the United States by the said ships of war and privateers, or retribution for the injuries received therefrom by any citizen of the United States : and also of and concerning the general conmierce between the United States and the kingdoms and dominions of his Britannic Majesty, wheresoever they may be ; and to conclude or sign a treaty or treaties, conven- i STATE PAPERS. 130 tion or conventions^ touching tlie premises; trans- mitting the same to the President of the United States of America for his final ratification, by and with the advice and consent of the Senate of the United States. In testimony whereof, I have caused the seal of r neutral rights, and his general and scrupulous adherence to the law of nations, without condescending to contrast his conduct in these par- ticulars, with that of his enemy ; and with regard to the only specific charge, it is notorious, that he has near declared any ports to be in a ytate of blockade, without alloting to that object a force sufhcientto make the entrance into them manifestly dangerous. By such allegations, unfounded as they are, the enemy attempts to justify his pretensions of confis- cating, as lawful prize, all pioducc of English ii - dustry or manufacture, though il be the property of neutrals ; of excluding from his harbours every neutral vessel which has touched at any port of his majesty's dominions though employed in an inno- STATE PVPr.Rc. Hi cent commerce ; and of declaring Great Brilain to be in a state of blockade, though his own ports and arsenals are actnally blockaded, and he is nnable to station any naval force wli itevcr before any port <.f he L'nitcd Kingdom. Such principles are in themselves extravagant, and repngnar.t to the hiw of nations; and the pretensions founded on them, though professedly directed solely against Great Britain, tend to alter the practice of war among civilized nations, and utterly to subvert the rights and independence of neutral powers. The under- signed cannot therefore believe that the enemy will ever seriously attempt to enforce such a system. If be should, they are confident that the good sense of the American government will perceive the fatal consequences of such pretensions to neu- tral commerce, and that its spirit and regard to national honour, will prevent its acquiescence in $uch palpable violations of rights, and injurious encroachments on its interests. — If, however, the enemy should carry these threats into execution, and if neutral nations should, contrary to all ex- pectation acquiesce in such usurpations, his Majes- ty might probably be compelled, however reli5i - tantly, to retaliate in his own just defence, and to issue orders to his cruizers to adopt towards the neutrals any hostile system to which those neutrals shall have submitted from his enemies. The com- missioners of the United States will therefore feel. Ui APi'KNixx or ihdi ;it a uuMiinii ^^hr\\ liis iiu;jvithout an oxphinaiidu IVoin the United Slate^i oi' (licir iiiLcnlioiKS, or a rcsei valion on the pait of his niajc'ilv in the case ahove nieiitioned^ if it ever should oteur. The undersigned^ consider- ing Uiat the distance of the American government, renders any immediate explanation on the snl)ject impossihle, and animated by a desire of forwarding the bcneiicial work in wliich they are engaged, arc authorized by his majesty to conclude the treaty "without dt.lay. They proceed to the signature under the full persuasion that before the treaty shall be returned from America, with the ratification of the United States, the enemy will either have formally abandoned, or tacitly relinquished, his unjust pretensions, or that the government of the United States by its conduct or assurances, Avili have given security to his Majesty, that it will not submit to such innovations in the estab* lished system of maritime law ; and the undersigned have presented this note from an anxious wish, that it should be clearly understood on both sides, that witliout such abandonment of his pretensions, on tlie part of the enemy, or such assurances or such co'.Kluct on the part of the United States his Majes- ty will not consider himself bound by the present si^natiuc of liis commissioners to ratify the treaty. STATE PAPERS. \i3 or precluded from adopfinr. such moasurcs as may seem necessary for counteractii!- l|,c drsigns of his enemy whenever Ihoy shall occur, and ho of such an extraordinary nature as to require extraordinary remedies. The undersi2;ncd caniiot conclude, withl out expressing their satisfaction ut the prospect of accomplishing an ohjrcf so important to the inte- rests and friendly connec(ioiis of hoth nations, and then- just sense of the conciliatory disposition mani- iested l,y the conunis.io,uus of the United States aBcat honour by his raeans. to «o tht veiy foot, of a set of grorelling despots? having, ia abort, seen the crime of rebellion against monarchy punished by the tormenting, the degrading curse of republicanism j it is with the utmost astonishment and indignation that I find many of those, wAo have the press at their command, endea- vouring to bring down on my native country the very same species of calamity and disgrace. Notwithstanding the ex- ample of America, and the more dreadful example of France, I find the emissaries of the Republican Faction (for such it really isj still preaching fanaticism and infidelity, still bawling for that change which they have the audacity to denominate reform, still exerting all their nefarious ingenuity in sapping the foundation of the Church and the Throne, Those who want experience of the consequences, may, for aught I knov/i be excused for conniving at these attempts j but, for me, who have seen acts, passed by a republican legislature, more fraudu- lent than forgery or coining j for me, who have seen repub- lican officers of state offering their country for sale for a {evr thousands of dollars j for ME,who have seen republican judges become felons, and felons become republican judges j for mb to fold my hands and tamely listen to the insolent eulogists of republican governments and rulers, would be a shameful aban- donment of principle, a dastardly desertion of duty. With these sentiments, then, I resume the publication of a Daily Paper J duly apprized, by past experience, of the hostility I shall excite, and firmly resolved to repel it by all the honour- able means in my power. THE PORCUPINE will, of course, embrace all the usual topics of a Newspp.per : Parliamentary and Law Reports, Court, City, and Country News, &c.-~An early and correct account of those foreign events, which may be considered as news, is a thing so much in tlie beaten track, and so indis- pensably necessary, that any specific promise on that head would be superfluous j but it may not be amiss to mention, tliat « that, to faithful translations from foreign journals, I shall endeavour to avid such a commentary as will prevent my paper from being (what too many others are) a mere vehicle for those articles, which arc fabricated on the Continents of Eu- rope and America, for the sole purpose of deceiving the too credulous people of this kingdom. The intrigues of tlie French, the servile, the insidious, the insinuating French, shall be- an object of my constant attention. Whether at war or at peace with us, they still dread the power, envy the happiness, and thirst tor the ruin of England. Collec* lively and individually, the wliole and every one of them hate ws. Had they the means, they would exterminate us to the last man ; they would snatch the crutch from our parents, the cradle from our children, and our happy country itself would they sink beneath those waves, on which they now flee from the thunder of our cannon. When we shall sheath the sword it is for our Sovereign to say ; but, while we retain one drop of true British blood in our veins, we never shall shake hands with this perfidious and sanguinary race, much less shall we make a compromise with their monkey-like manner^ and tiger-like principles. In my endeavours to detect and expose home bred false- hoods and misrepresentations, I do not propose to confine my- self to the diurnal and weekly prints j for, though they are certainly a most copious source of mischief, it is probable that more lasting evil is produced by monthly and occasional pro- ductions, which are, comparatively speaking, cheaper than newsp.'ipers, more conveniently referred to, and much more easily preserved, Witliout therefore attempting to usurp the critic's chair, which 1 have neither the capacity nor the leisure to hll, I shall jiolnt out to my readers the injurious tendency of works, to which, otherwise, they might incautiously give their encoiuagcment. In the discharge of this, as of every other part of my duty, i shall, I trust, be guided by justice ; but & t but I shall assuredly pay much less regard to the feelings and interests of fanatical and factious booksellers than to the cause of RELIGION AND LOYALTY. I shall stand in great need of, and, I hope, I shall receive, voluntary assistance, in every department of my Paper, but more particularly in that which will treat of the artful ma- nosuvres of the factious in the country towns, and in the villages. The unperverted sense of the people is so decided in favour of the established order of things, that the contri' vers of innovation are never formidable, except where their real views are unperceived. It is their hypocritical cant, their clandestine intrigues in the numerous societies and in- stitutions into which they imperceptibly worm themselves j it is their visor, and not their visage, that we have to fear. On this topic, therefore, I thus early solicit information from every part of the United Kingdom, being well assured, that, if tne malecontents have sometimes succeeded in exciting a spirit of opposition and revolt, their success is to be solely attributed to the want of a regular, well-conducted, widely-ex- tended system of exposure. It is with no small mortification that I find too many of the periodical publications (as well pamphlets as papers) in the hands of Fanatics and Infidels, all of whom, however numerous their mongrel sects, however opposite their tenets, however hateful their persons to each other, do most cordially unite in their enmity to the national Establishment, and most zealously co-operate for its destruction. Convinced as I am, from the experience of America, as well as from history in general, that an established Chnri h is absolutely necessary to the ex- istence of religion and morality ; convinced also, that the Church of England, while she is an ornament, an honour, and a blessing to the nation, is the principal pillar of the Throne, I trust I never shall be base enough to decline a com- bat ivith lier enemies, whether they approach me in the lank locks of the Sectary, or the scald crop of the Jacobin. Having \ 1^ II 1 Tla-ing thus stated what will be the principles of my faj*?, h is iucuiubeiit on me to say, that those principles will al- ways be my oun j for, though I utterly reject that insolent maxim of disafi'ection, which will allow of reward to no tik'uts but such as are exerted in the cause of rebellion } ihough I hold it to be the duty of men in power to employ the yien as well as the sword in defence of the government committed to their charge ; yet, the peculiar circumstances tinder which I now come forward, demand from me an ex* plicit and solemn assertion of my independence. My under- taking is my own, it was begun without tht aid, without the advice, and even witliout the knowledge, of any person cither directly or indirectly connected with the ministry : if, therefore, I hope to yield some trilling support to that mmistry, it is not because I have received, or ever shall receive, any gratification at their hand* j but because lam most sincerely per- funded, that, next to the virtues of his majesty, and the general loyalty of his subjects, this country owes its preser- vation to the WISDOM AND INTEGRITY OF Mr. PUT and his colleagues. This persuasion shall not, however, debar either me or my correspondents from the exercise of our judgment. The Porcupine never was, in America, nor shall it ever be, in England, the blind instrument of party, the trumpet of indis- criminate applause. The wisest men may sometimes commit errors, which the most ignorant may perceive : I shall, there- fore, feel no restraint but that of decency and candour : tvusting, from the wise, to a liberal interpretation of my mo- tives, and totally disregarding the displeasure of those who may be weak enough to prefer flattery to truth. The subjects of a British King, like the sons of every provident and tender fiUher, never know his value till they feel the want of his protection. In the days of youth and of ignorance, I was led to believe, that comfort, freedom, and virtue, were exclusively the lot of Republicans. A very short trial convinced me of my error, admonished me to repent of mv «>y folly, and urged me to corapensnle for tl,e injustice of tl» Z'""" "1 ""^^•'^'''- ^"-S an ei„„ ,.., Le,rf . : 2 cj ry. I wa, no. an unconcerned speca.or of her peri^. nordid I l,„e„, ,„ silenne. ,o the slanders of her enemies lho„,h d,vided fr„„ ,,.„,„, ,, „, ^,„,^ „,^. 7- fie,u,>vere h.dden. perhaps for eve,, from m, view, s.iuler hpp,ness and her glory were the objects of ly constant so" he tude ; rejcced at her victories, and mourned her defeats ; her fnends were my friends, and her foes were my foes Once more returned; once more under the safeguard of tini 'amuit, I feel an nresistible desire to communicate to mr ::rr;"''''"'°'"'^ ^^"^^'-^--^ - s„.wx„.;;„: '71" "■'-'''""'O CO.SBOUEN-CES OP „,SCO^,TK„. «»NT, DISLOVALTV, AND ,NN„VAT.ON , TO CONVINCE I„eM «.A.NST THB A„TS OP T„„S. AM.rr.Ot-S AN,, PE„r,„,o„ BEMAOOOMES, WHO WO„.n W.EUNOEV HEOOCE T..KM XOA ^HOSE YOKE , HAVE HAD THE MORTtr.CATION To SHAKK. ^MMall. 29thScpt. 1800. ^^ "■ '^"^'''^'T- Pri„«d by r. Oill„, Wild-cour,,*,, ,„,,„ ,„„pt s„,^j^ No. 41, Pau M«a