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Lorsque le document est trop grand pour Atre reproduit en un seul clichA, il est filmA A partir de Tangle supArieur gauche, de gauche 6 droite. et de haut en bas. en prenant le nombre d'imagas nAcessaire. Les diagrammes suivants illustrent la mithode. 1 2 3 t 2 3 * 5 6 G Ac^ic^'^i^Ur-*^ FYl] VBOM THE PKESIDENT OF THE UNITED STATES, TRAKSMITTIKQ (Pursuant to a resolution of the House of Representatives, of the 22d ult.) ^k Z^t €itvvt»9(m'9tntt BETWGKN TUK P Government of the United States and Great Britain, RELATIirO TO TBI NEGOTIATION OF THE CONVENTION OF THE 20th ocroumtL, 1818. FEBRUARY 15, l^t Rf ad, and ordered to lie upon the table. WASHINGTON : I'tir^rKD BT OAXCS & SXATOITt 1823. M >-';i *- .'S ;v^.<'*;. .■^. Toft 1 ^f.. fc '« \t .: 1. tives; of alj State; tion the pi theSc solutj( ■f^ I ^^^ ' '"■..•,■, ■•'ji -■'■*■ r- '•■>■ ;K- . '? f *«•, [711 8 V "^- , ••:;• :^^ t To the House of Representatives of the United States: In compliance with a resolution of the House of Representa- lives, 22d of January last, requesting a communication to the House of all the correspondence between the Government of the United States and Great Britain, relating to the negotiation of the conven- tion of the 20th of October, 1818, which may not be inconsistent with the public interest, I transmit, herewith, to the House, a report from the Secretary of State, together with the papers requested by the re- solution of the House. JAMES MONROE. Washington, ISth February, 18£S. HI /■ • '( ^"Ir !•) \\ ' [71] '\' '^ '-e' Department of State, ^'. Washington, l^th February, 1823. •v" The Secretary of State, to whom has been referred the resolution of the House of Representatives of the United States, of the 22d of January last, requesting the communication to the House of " all the ** correspondence between tlie Government of the United States and ** Great Britain, relating to the negotiation of the convention entered ** into between the two Governments, on the 20th of October, 1818, " which may not be inconsistent with the public interest,*' has the honor of submitting to the President of the United States the papers required by the said resolution. JOHN QUINCY ADAMS, /■' /' IM f [71 ] .4 LIST OF PAPERS. ■%, 1* No 2. 3. 4. 5. 6. 7. 8. 9. 10. 19. SO. 21. 23. 24. , 1. Mr. Monroe, Secretary of State, to Mr. Ba- ker, Charge d'Affaires - - - enclosinjg^ copy of a letter from Collector at Barnstable to Secretary of Treasury, of Mr. Baker to Mr. Monroe . . - Extract. Mr. Monroe to Mr. Adams, Envoy, &c. at London . . _ Do. Mr. Adams to Mr. Monroe - Do. Same to Lord Castlereagti Do. Same to Mr. Monroe Enclosing copy of a letter to Lord Castlereagh Extracts. Mr. Adams to Mr. Monroe - Do. Same to same ... With copy of extract of a letter from Lord Ba- ttmrst ----- Mr. Adams to Mr. Monroe - . - With copy of a letter from Lord Bathurst to Mr. Adams - . - - - Mr. Adams to Mr. Monroe - - - With a copy of a letter from Lord Bathurst to Mr. Adams, of - - - - 'oe to Mr. Adams ... Same to same . - . Same to same - . . Same to same - - - Same to same Mr. Adams to Mr. Monroe - Same to same ... Same to same - - . With copy of a note from Mr. Adams to Lord Castlereagh, of - Mr. Adams to Mr. Monroe . - - With copy of Lord Castlereagh's letter to Mr. Adams, of . - - . Mr. Adams to Mr. Monroe . - - Mr. Monroe to Mr. Adams - - - Mr. Bagot, Envoy, &c. to Mr. Monroe Mr. Monroe to Mr. Bagot - - . Mr. Bagot to Mr. Monroe - • July 18,1815. 3 Aug. 31 July 21 Aug. 15 Sept. 5 5 19 2S 25 Oct. 31 25 Nov. 8 11. Mr. Moi 12. 13. Extract. 14. Do. 15. Do. 16. Do. 17. Do. 18. Do. f: Oct. 30 Feb. 27 27 May 24 July 8 Aug. 13 24 Sept. 18 27 17 Oct. 5 Sept. 28 Dec. 24 Feb. 5 Nov. 27 Dec. 30 SI 1816 1817 18 If. ; 1 % SK 8 [ 71 ] 25. Mr. Monroe to Mr. Bagot 86* Mr. Adams tu Mr. Monroe . . - Enclosing copy of four articles proposed by Lord Castlercagh. 57. Extract. Mr. Adams to Lord Castlereagli 58. Do. Lord Castlercagh to Mr. Adams 29. Mr. Rusliy acting Secretary of State, to Mr. Ba- got ------ 50. Same to same ... 51. Mr. Bagot to Mr. Rush Enclosing copy of the orders issued by Admiral Milne; and copy of a letter from Captain Chambers to same. 32. Extract. Mr. Adams, Secretary of State, to Mr. Rush, Envoy, &c. at London S3. Do. Same to same ... 34. Do. Same to Mr. Gallatin 35. Full power to Messrs. Gallatin and Rush 36. Extract. Mr. Adams to Mr. Rush 37. Do. Mr. Rush to Mr. Adams 38. Do. Same to same ... 39. Extracts. Mr. Adams to Messrs. Gallatin and Rush - . - . - 40. Extract. Same to Mr. Gallatin 41. Do. Mr. Rush to Mr. Adams 42. Do. Same to same ... 43. Do. Same to same ... 44. Do. Same to same ... 45. Do. Same to same . . - 46. Do. Same to same ... 47. Mr. Adams to Messrs. Gallatin and Rush 48. Extract. Mr. Rush to Mr. Adams 49. Do. Mr. Adams to Mr. Rush 50. Same to same (two articles enclosed) 51. Do. Mr. Rush to Mr. Adams 52. Extracts. Same to same ... 53. Extract. Mr. Adams to Mr. Rush Jan. 7 1817 Mar. 20 April 21 May 7 .30 Aug. 4 8 Nov. 6 May 21 22 1818 ^d ■► June 26 July 25 28 29 Aug. 13 15 28 Oct. 12 19 27 Nov. 2 1818 Dec. 8 1 May 7 1819 June 14 Sc[»t. 17 May 18£!0 [71] 7 1817 20 21 7 SO 4 8 6 21 1818 22 22 30 26 25 28 29 13 15 28 12 19 27 2 1818 8 1 7 1819 14 17 27 IS-^O Mr, Jilonroe to Mr. Baker f Charge d*^airesfrom England, Befabtmbnt of State, July 18, 1815. Sir: I have the honor to communicate to you a copy of a letter from the Cullector of the Customs at Barnstable, to the Secretary of the Treasury, by which it appears that an American vessel, en- gaged in the cod fishery, in long. 65 20, lat. 42 41, was warned off, by the commander of the British sloop of war Jaseur, and order- ed not to approach within 60 miles of the coast; with which order, the commander of the American vessel immediately complied. It ap- pears, alHo, that a similar warning had been given by the comman- der of the Jaseur to all the other American vessels that were then in sight. This extraordinary measure has excited no small degree of sur- prize. Being altogether incompatible v> ith the rights of the United States, it is presumed that it has not been authorized by your go- vernment. 1 invite your attention to it, in tlie hope, that, as you have been charged by your government witli the execution of the late treaty of peace, and are acquainted with its views on all ces- tions connected with it, yen nil! d^iisidrr yourself authorized to in- terpose to ))reveiit the progress of an e\il which will be so extensivQ- ly and deeply felt by the citizens of the United States. I have the honor, &c. &c. JAMES MONROE. Anthony St. John Baker, Esq. ^c. ^c. ^c. • , • . Collector of Customs at Barnstable, to the .Secretary of tJie Treasury. Collector's OFFiGE,^arnsto&^e, July 3, 1815. Sir: I think it my duty to inform you, that the captain of a ves- sel regularly licensed for the cod fishery, has just reported to this office, that on the 1 9th day of June last, being in long. 65 20, N lat. 42 41, about 45 miles distant from Cape Sables, he fell in with his Britannic Majesty's sloop of war Jaseur, N. Lock, commander, who warned him off, and endorsed his enrolment and license in the words following: t " ** Warned off the coast by his Majesty's sloop Jaseur, not to come within sixty miles. N. LOCK, Captain, June 19th, 1815." II It [71] In consequence of which, the fisherman immediately left the fish- ing ground, and returned home without completing his fare. The captain of the fisherman further states, that all the fishing Tessels then in sight were warned off in the same manner^ by the said captain Lock. ^ J ,. I am, Sir, very respectfully, > Your obedient servant, ISAIAH L. GREEN, Collector. Hon. A. J. Dallas, Esq. JVr. Baker to Mr. Monroe, VutlabeiaTuia, Mgust5tflB15. Sib: I have the honor to acknowledge the receipt of your letter of the 18th ultimo, together with its enclosure, relating to the warning ofif, to the distance of 60 miles from the coast of Nova Scotia, of some American fishing vessels, by His Majesty's brig Jaseur. This measure was, as you liave justly presumed in your note, to- tally unauthorized by His Majesty's Government, and I have the satisfaction to acquaint you, that orders have been given by the Na- val Commanders in Chief on the Halifax and Newfoundland Sta- tions, which will effectually prevent the re-currence of any similar interruption to the vessels belonging to the United States engaged in fishing on the high seas. I have the honour to be, with the greatest consideration, and re- spect, sir, your most obedient, humble servant, ANTHONY ST. J. BARER. Hoito James Monroe, ^c. Sfc. Sfc. Extract of a letter from Mr. MonroCf Secretary of State, to Mr. Mams. July Zlstf 1815. ** Among the acts which we have to complain of with greatest ear- nestness, is a late warning given by the Commander of a Britisli sloop of War to our fishermen, near the coast of the British northern colonies, to retire thence to the distance of 20 leagues. This, it is presumed, has been done under a cunstruction of the late treaty of peace, which, by being silent on the subject, left that important inte- rest to rest on the ground on which it was placed by the treaty of te flsh- Rshiiig he saia 1815. letter of framing of some ote, to- lavc the the Na- knd Sta- similar in and rc- LER. , Mams» 1815. est ear- British lorthern is, it is reaty of int inte- reaty of i ■ f71] 11 1783. The right to the fisheries required no new stipulation to sup- port it. It was sufficiently secured by the treaty of 1783. This im- portant subject will claim your early attention. The measure thus promptly taken by the British Government, without any communica- tion with this Government, notwithstanding the declaration of our Ministers at Ghent, that our right would not be affected by the silence of the treaty, indicates a spirit which excites equal surprise and regret: one which by no means corresponds with the amicable relations esta- blished between the two countries by that treaty, or with the spirit with which it has been executed by the United States.. As you are well acquainted with the solidity of our right to the fisheries in question, as well as to those on the Grand Bank, and else- where on the main ocean, to the limit of a marine league only from the coast, (for the pretension to remove us 20 leagues is too absurd to be discussed,; I shall not dilate on it, especially at this time. It is sufficient to observe here, that the right of the United States to take fish an the coust of Newfoundland, and on the coasts, bays, and creeks, of all other His Britannic Majesty's dominions in America^ and to dry and cure fish in any of the unsettled bays, harbors, and creeks, of Nova Scotia, Magdalen Islands, and Labrador, in short* that every right appertaining to the fisheries which was secured by the treaty of 1783, stands now as unshaken and perfect as it then did, constituting a vital part of our political existence, and resting on the same solid foundation as our Independence itself. In the act of dis- memberment and partition, the rights of each party wera distinctly defined. So much of territory and incidental rights were allotted to one — so much to the other; and as well might it be said, because our boundary had not been retraced in the late treaty, in every part, that certain portions of oar territory had reverted to England, as that our right to fish, by whatever nam^^ secured, had experienced that fate. A liberty of unlimited duration, thus secured, is as much a right, as if it had been stipulated by any other term. Being to be enjoyed by one, adjoining the territory allotted by the partition to the other party, it seemed to be the appropriate term> 1 have made these remarks to shew the solid ground on which this right is deemed to rest by tliis government, relying on your thorough knowledge of the subject to illustrate and support it in the most suitable manner. It can scarcely be presumed, that the British Government, after the result of the late experiment, in the present state of Europe, and under its other engagements, can seriously contemplate a renewal of hostilities. But it often happens with nations, as well as with indi- Tiduals,that a just estimate of its interest, and duties, is not an infal- lible criterion of its conduct. We ought to be prepared at every point to guard against such an event. You will be attentive to cir- cumstances, and give us timely notice of any danger which may be menaced. f-- ilLi Ul II' * 12 [ 71 Extract of a lettei'from Mr. Mams to Mr. Monne. LuNDONy 15^/i Jlugustf 1815. "I had mentioned the subject of the slaves in my first interview withhim,(Lord Castlereagh,)and lie had then expressed an intention to refer it to the Commissioners, with whom we were then negotiat- ing the commercial convention. But they received no instructions relative to it, and considered their powers as limited to the objects upon which my colleagues were authorized, conjointly wit!i me, to treat. The day before Lord Castlereagh left town, I spoke to him again concerning it. He had just received despatches from Mr. Ba- ker relating to it, but had not had time to read them, and merely told me that, du ring his absence. Lord Liverpool, or Lord Bathurst, would attend to the business of his Department. After writing the note, of which the copy is enclosed, I requested an interview with Lord Liverpool, for which he appointed last Saturday, but an accident prevented me from then meeting him. 1 have renewed the request, but as he was not in town, when my note was sent> it may be defer- red until after Mr. Bagot's departure.' j» \''\ ' Extract of a letter from Mr. ddams to Lord Castlereagh. Charles Street, TVestminster, 9th Jiugiist, 1815. **In two several conferences with your Lordsliip, I have had the honor of mentioning lie refusal of his ^lajesty's naval commanders, who, at the restoration of peace between the United States and Great Britain, were stationed on the American coast, to restore the slaves taken by them from their owners in the United States during the war, and then in their possession, notwitlistanding the stipulation in the fust article of the treaty of (.xhent, that such slaves should not be carried away. Presuming that you are in possession of the corres- poi;dence on this subject, which has passed between the Secretary of State of the United States, and Mr. Baker, it will be unnecessary fo) .nie to repeat the demonstration, that tlie carrying away of these slaves is incompatible with the terms uf the treaty. But, as a refer- rence to the documents of the negotiation at Ghent ma> serve to elu- cidate the intentions of the contracting parties, I am induced to pre- sent them to your consideration, in the hope, that the Minister of his Majesty, now about to depart for the United States, may be aii- thorieed to direct the restitution of the slaves, conformably to the treaty, or to provide for the payment of the value of those carried away contrary to that stipulation; which, in the event of their not being restored, I am insti'ucted by my government to claim. The first projei of the treaty of Ghent was otfered by the American plenipotentiaries, and that part of the first ai'ticle relating to slaves, "was therein expressed in the following manner: "All territory^ [71 ] 13 places, and possessions, without exception, taken by either p^.rty from the other, during the war, or which may be taken after the signing of this treaty, shall be restored without delay, and witliout causing any destruction, or carrying away any artillery, or other public pro- perty, or any slaves, or other private property.** The projet was returned by the British plenipotentiaries, with the proposal of several alterations, and, among the rest, in this part of the first article, which they proposed should be so changed as to read thus — " All territory, places, and possessions, without exception, bc< longing to either party, and taken by the other, during the war, or which may be taken after the signing of this treaty, shall be restored without delay, and without causing any destruction, or carrying away any of the artillery, or other public property, or any slaves, or other private property, originally captured in the said forts or places, and which shall remain therein upon the exchange of the ratifications of this treaty." It will be observed that, in this proposal, the words "originally capt ured in the said forts or places, and which shall remain therein upon the exchange of the ratifications of this treaty," operated as a modification of the article as originally proposed in the American projet. Instead of stipulating that no property, public or private, artillery, or slaves, should be carried away, they limited the prohibi- tion of removal to all such property as had been originally captured in the forts and places, and should remain there at tlic exchange of the ratifications. They included within the limitation, private as well as public property; and had the articl^j been assented to in this form by the American plenipotentiaries, and ratified by their govern- ment, it would have warranted the construction which the British commanders have given to the article as it was ultimately agreed to, and which it cannot admit. For, by reference to the protocol of conference held on the 1st of December, 1814, there will be found among the alterations to the amended projet, proposed by the American plenipotentiaries, the following: " Transpose alteration consisting of the words * originally captured in the saiil forts or places, and which shall remain therein, upon the ex- change of the ratifications of this treaty, after the words public pro- perty,* agreed to by the British plenipotentiaries.*' It thus appears, that the American plenipotentiaries admitted, with regard to artillery and public property, the limitation which was pro- posed by the British amended projet, but that they did not assent to it with regard to slaves and private property; that, on the contrary, they asked such a transposition of the words of limitation, as would leave them applicable only to artillery and public property, and would except slaves and private property from their operation altogether. That the British plenipotentiaries and government, by this proposed transposition of the words, had full notice of the views of the other contracting party, in adhering to the generality of the prohibition, to carry away slaves and private property, while acquiescing in a li- ■/ m '1 iji'i I !!i;. >■■■ 14 [ 71 ] mitati' u with respect to artillery and public property. Witli this no- tice, the British government aj^recd to the transposition of the words* and, accordingly that part of the article, as ratified by both govern- ments, now stands thus: — " All territory, places, and possessions whatsoever, taken by either party, from the other, during the war, or which may be taken after the signing of this treaty, excepting only the islands hereinafter mentioned, shall be restored without delay, and without causing any destruction, or carrying away any of the artillery, or other public property originally captured in the said forts or places, and which shall remain therein upon the exchange of the ratifications of this treaty, or any slaves, or other private property." From this review of the stipulation, as originally proposed at the negotiation of Ghent, as subsequently modified by the proposals of the respective plnni|)otctitiarics, and as finally agreed to by both the con- tracting parties, I trust it will remain evident that, in evacuating all places within the jurisdiction of the United States, and in departing from their waters, the British commanders were bound not to carry away any slaves, or othei* private property of the citizens of the United States, which had been taken upon their shores. Had the construction of tiic article itself been, in any degree, equivocal, this statement of tiie manner in which it was drawn up, would have suf- ficed to solve every doubt of its meaning. It would also shew, that the British plenipotentiaries were not unaware of its purport as un- derstood by those of the United States." EXTRACT. lis Mr^ Jldams to Mr. Monroe, London, 5lh September, 1815. *' 111 compliance with your instructions of 21st July, I have this day ad- dressed Lord Castlereagh, claiming payment from the British government for the slaves carried away from Cumberland Island, and the adjoining waters, after the ratification of the treaiy of peace, and in contravention to one of the express stipulations of that treaty. " My preceding despatches, Nos. 9 and 10, will have informed you of the steps I had taken, by an official letter to Lord Castlereagh, and by a per- sonal interview with the Earl of Liverpool, in relation to this subject, pre- vious to the receipt of your last instructions. The letter to Lord Castle- reagh has, hitherto, remained unanswered; and Lord Liverpool made no attempt to answer either the reasoning of your letter on the subject to Mr. Baker, or the statement of the proof, with regard to the meaning of the article, resulting from the manner in which it had been drawn up and agreed to. The substance of what he said, was, that, in agreeing to the article as it stands, tliey had not been .aware that it would bind them to re- store the slaves, whom their officers had enticed away, by promises of free- dom. [71] iS ith this no- ' the words* )Ui govern- sn by eitlier taken after hereinafter ;aiising any »ther public I and which ions of this losed at the losals of the [>th the con- icuating all n departing lot to carry zens of the I. Had the livocalf this Id have suf- t shew, that port as nn- her, 1815. this day ad- ^overnment le adjoining intravention d you of the id by a per- ubject, pre- ord Castle- )ol made no subject to meaning of awn up and eing to the them tore- iscs of free- " The case of these slaves carried away from Cumberland, seems not even to admit of the distinction to wliich Mr. Baker and Lord Li^-er- pool resorted. Yet the prospect of obtaining either restoration or indem- nity, appears to me not more favorable in this case than in any others of the same class. If there were any probability that this government would ad- mit the principle of making indemnity, it would become necessary for me to remark, that the lis', of slaves transmitted to me, and of which I have sent to Lord Castlcreagh a copy, is not au autlienticated document." I ,.<^ Mr. Mams to Lord Castlereagh, • • Charles street, Westminster, 5th September, 1815. My Lord: In the letter which I h%d the honor of addressing to your Lordship, on the 9th of August last, I stated that I had been instructed by my government to claim the payment of the value of the slaves carried away from the United States, by the British naval commanders stationed on the American coast, notwithstanding the express stipulation to the contra- ry in the first article of the treaty of Ghent, in the event that such slaves should not be restored to their owners. The enclosed is a copy of a list of seven hundred and two slaves, taken in the state of Georgia, by the forces under the command of Rear Admiral Cockburn, and carried away, after the ratification of the treaty of peace, from Cumberland Island, or the waters adjacent to the same, which has been transmitted to me by the Secretary of State of the United States, with a new instruction to claim the indemnity, justly due to the owners, to the full value of each slave. Should his Majesty's government now prefer to restore the slaves, who must yet be in their possession, or that of their officers, it is presumed to be still practicable; but tlieir removal having been in contravention to the express stipulation of the treaty, it is to the faith of Great Britain, pledged by that stipulation, that the United States can alone recur for indemnification to the owners for the loss of their pro- perty, if the slaves are not restored. Ii it should be deemed expedient rather to make this compensation than to restore the slaves to their owners, I am authorized to enter into such ar- rangements as may be proper for ascertaining the amount of the indemnity to be made, and settling the manner in which it maybe allowed. I have the honor to be, with the highest consideration. Your Lordship's very humble and obedient servant, JOHN QUINCY ADAMS. Extract of a letter from Mr. Mams to Mr. Monroe^ stating the sub- stance of a conversation with Lord Bathurst. LoNDON,'19ulatiou ha» been deemed necessary, by the go- vernment of the United hjlateu, to entitle them to the full enjoyment of all of them." If the stipulation of the treaty of 1783, was one of the conditions by which his majesty acknowledged the sovereignty and independence of the United States, if it was the mere recognition of riglits and liberties pre- viously existing, and enjoyed, it was neither a privilege gratuitously grant- ed, nor liable to be forfeited by the mere existence oi a subsequent war. If it was not forfeited by the war, neither could it be impaired by the declara- tion of Great Britain, that she did not intend to renew the grant. Where there had been no gratuitous concession, there could be none to renew; the rights and liberties of the United States could not be cancelled by the declaration of Greut Britain's iutentions. Nothing could abrogate them but the renunciation of them by the United States themselves. Among the articles of that same treatv, of 1783, there is one, stipulat- ing that the subjects and citizens of both nations shall enjoy, forever, the right of navigating the river Mississippi, from its sources to the ocean. And althougn, at the period of the negotiati<*ns of Ghent, Great Britain posi'essed no territory upon that river, yet the British plenipotentiaries, in their tirst note, considt red Great Britain as still entitled to claim the free navigation of it, without oftering for it any equivalent. And, afterwards, when offering a boundary line, which would have abandoned every preten- sion, even to any future possession on that river, they still claimed, not only its free navigation, but a right of access to it, from the British do- minions in North America, through the territories of the United States. The American plenipotentiaries, to foreclose the danger of any subsequent misunderstanding and discussion upon either of these points, proposed an article recognizing anew the liberties on both sides. In dechning to ac- cept it, the British plenipotentiaries proposed an article engaging to nego- tiate, in future, for the renewal of both, for equivalents to be mutually granted. This was refused by the American plenipotentiaries, on the a- vowed principle, that its acceptance would imply the admission, on the part of tne United States, that their liberties in the fisheries, recognized by the treaty of 1783, had been annulled, which they declared themselvec in no manner authorized to concede. Let it be supposed, my Lord, that the notice given by the British pleni- potentiaries, in relation to the fisheries, had been in reference to another article of the same treaty. That Great Britain had declared, she did not intend to grant again, gratuitously, the grant in a former treaty of peace, acknowledging the United States as free, sovereign, and independent states; or, that she did not intend to grant, gratuitously, the same boun- dary line, which she had granted in the former treaty ot peace. Is it not obvious, that the answer would have been, that the United States needed no new acknowledgment of their independence, nor any new grant of a boundary line. That, if their independence was to be forfeited, or their boundary line curtailed, it could only be by their own acts of renunciation, «r of cession, and not by the declaration of the intentions of another go- vernment? And, if this reasoning be just, with regard to the other arti- cles of the treaty of 1783, upon what principle can Great Britain select one article, or a part of one article, and say this particular stipulation is liable to forfeiture by war, or by the declaration of her will, while she admits the rest of the treaty to be permanent and irrevocable? In the negotiation of Glieut, Great Britain did propose several variations of the gested S( ship, tha to the su scrvance highest f> America nature \\i fort and Mliich, fa result of and labot tence to i life had h lotted th< numerous payment from the i and recei classes of benefit an share of f from the i had, for aj fish upon \ key were y the j^o- ent of all itions by ice of the rties prc- ily grant- It war. If i declara- t. Where enew; the ed by the gate them , stipulat- rever, the he ocean, at Britain itiaries, in m the free fterwards, ry pre ten - limed, not British do- ted States, mbsequent ^oposed an ing to ac- ig to nego- ! inutuiuly on the a- on, art the ecognized emselvec boundary line, but Hhe never intimated that she considered the line of th« treaty of 17B3 as forfeited by the war, or that its varintion wtul 1 be ef- fected by the mere declaration of her intentions. She perfectly uikIit- stood, that no alteration of that line could be eftVcted but by the exurens assent of the United States, and, when she finally determined to abide by the same line, neither the Britinh, nurthe American plenipotentiaries, con- ceived that any new contlrmation of it was necessary. The treaty of Ghent, in every one of its essential articles, refers to that of 1783, as be- ing still in full force. The object of all its articles, relative to the boun- dary, is to ascertain, with more precision, and to carry into effect the pro- visions of that prior compact. The treaty of 1783, is, by a tacit undor- standing between the parties, and without any positive stipulation, con- stantly referred to as the fundamental law of tne relations between the two nations. Upon what ground, then, can Great Britain assume that one particular stipulati(m in that treaty, is no longer binding upon her? " Upon this foundation, my Lord, the government of th*^ United States consider the people thereof as fully entitled, of right, to all the liberties in the North American fisheries, which have always belonged to them} which, in the treaty of 1783, were, by Great Britain, recogni/.ed as be- longing to them; and wliicfi they never have, by any act of theirs, con- sented to renounce. With these views, slioulil Great Britain ultimately determine to deprive them of the enjoyment of these liherties by force, it is not for me to say wliother, or for what length of time, tliey would sub- mit to the bereavement of that which they would still hold to be their un- questionable right. It is my duty to hope, that such ineaKurcs will not be deemed necessary to be resortecl to on the part of Great Britain; and to state, that, if they should, they cannot impair the right of the people of the United States to the liberties in question, so long as no fornial and ex- press assent of Hheips shall manifest their acquiescence in the privation. " In the interview with which your Lorihhip recently favored me, I sug- gested several other considerations, with the hope of convincing your Lord- ship, that, independent of the question of rigorous right, it would conduce to the substantial interests of Great Britain liers^^lf, as well as to the ob- servance of those principles of benevolence and humanity, which it is the highest glory of a great and powerful nation to respect, to leave to the American fishermen the participation of those benefits which the bounty of nature has thus spread before them; which are so necessary to their com- fort and subsistence; which they have constantly enjoyed hitherto; and wliich, far from operating as an injury to Great Britain, had the ultimate result of pouring into her lap a great portion of the profits of their hardy and laborious industry. That these fisheries Jiftbrded the means of subsis- tence to a numerous class of people in the United States, whose habits of life had been fashioned to no other occupation, and whose fortunes had al- lotted them no other possession. That to another, and, perhaps, equally numerous class of our citizens, they afforded the means of remittance and payment for the productions of British industry and ingenuity, imported from the manufactures of this United Kingdom. That, by tne common and received usages among civilized nations, fishermen were among those classes of human society whose occupations, contributing to the general benefit and welfare of the species, were entitled to a more than ordinary share of protection. That it was usual to spare and exempt them even from the most exasperated conflicts of national hostility. That this nation had, for ages, permitted the fishermen of another country to frequent and ~sh upon the coastsof this Island, without interrupting them, even in timet 34 [71] of ordinary war. Thai the resort of American fisliermen to Ihe banen, uninhabited, and, for tlic great part, uninhabitable locks, on the coasts of Nova Scotia, the Gulf of St. Lawrence, and Labrador, to use them occa- sionally for the only purposes of utility of which they are susceptible, if it must, in its nature, subject British fishermen, on the same coasts, to th« partial inconvenience of a fair competition, yet produces, in its result, ad- vantages to other British interests equally entitled to the regard and fos- tering care of their Sovereign. By attributing to motives derived from such sources as the:e, the i-ecognition of these liberties by his Majesty's go- vernment, in the treaty of 1783, it would be traced to an origin certainly more conformable to the fact, and surely more honorable to Great Britain, than by ascribing it to the improvident grant of an unrequited privilege, or to a concession extorted from the humiliating compliance of necessity. " In repeating, with earnestness, all these suggestions, it is with the hope that, from some, or all, of them, his Majesty's government will conclude the justice and expediency of leaving the North American fisheries in tlie state in which they have, heretofore, constantly existed; and the fishermen of the United States unmolested in the enjoyment of .their liberties." J^Ir. Adams to Mr. Monroe, LoNDox, 31s< Oc/ofcff, 1815. Sir: I have the honor to enclose coj)ies of two papers received from Lord Rathurst, relative to the taking and carrying away of slaves from the United States by the ISritisli naval commander, in violation of the first article of the treaty of Ghent, aifd also by «iii abuse of the privilege allowed to a Hag of (ruce. I have the liwnor to he, respectfully, Sir, your very humble, and obedient servant, JOHN (^llNCY ADAMS. Lord Batfnirst to Mr, Adams. FouEiGN Office, October 25, 1815. The imderslgned, one of his Majesty's principal Secretaries of State, has had the lionor to receive Mr. Adams's letters of the 9tli of August, and 5th of September last, the first of which recites the first article of the treaty of Ghent, and requires " that his Majesty's naval commanders, who, at the restoration of peace between the United States and Great Britain, were stationed on the American coast, should restore the slaves taken by them from their owners in the United States duiing the war, and then in their possession.' This claim is set up in consequenccof the following interpretation, which is given to the first article of the said treaty, by the govern- ment of the United States, in as far as it relates to slaves and private property, luunely. *• That, in evacuating all places within the juris- diction tif tite United States, and, in departing from their waters, the C71] 99 the banett, he coasts of them occa- eptible, if it oasts, to th« 3 result, ad- ard and fos- crived from [ajesty's go- ;in certainly reat Britain, privilege, or icessity. vith the hope ill conclude lieries in flie lie fishermen icrties." [>fr, 1815. ers received r»g away of unandei', in also by «ia I'ant, ADAMS. 25, 1815. cretaries of s of the 9tU I recites the is Majesty's between the le American ir owners in fssion.' tcrpretation, the govern- ) and private lin the juris- r waters, the British commanders were bound not to carry away any slaves, or other private property of the citizens of the United States, which had been taken up on their shores:" and it takes its origin from a differ- ent construction of the same article of the treaty, by his Majesty's naval ofliccrs on the coast of America, who, (according to Mr. Mon- roe's letter to Mr. Baker, of the 1st of April.) contend, that ** Slaves and other private property., are comprised under the same regulation with artillery, and other public property, and that none ought, in consequence, to be restored, except such as were, at the time of the exchange of the ratifications of the treaty, in the forts and places where they were originally taken." The arguments brought forward by the American government, in support of their understanding of the first article of the treaty of Ghent, rest partly upon the wording of the article itself, and partly upon such collateral evidence as may be deduced from the intention of the negotiators at the time they drew up that article. The undersigned need not remind Mr. Adams of the inconvenience whicli'would result, were the parties, upon whom treaties are bind- ing, to recur to the intentions of the ne.^rotiators of such treaty, in- stead of taking as their guide the context of the treaty itself, on any point of controversy respecting it. The undersigned is, however, willing to waive this objection. In this instance, it would appear that the alteration in the original article, proposed by the British Commissioners, was introduced by a verbal amendment suggested by the American Pleni|^tentiaries. Many alterations of this kind took place, sometimes at the sugges* tion of one party, and sometimes of the other. But it surely is not meant to be inferred from this, that a change of phrase, professedly verbal, is to be taken as necessarily denoting or importing an ad- mitted change of construction. It is certainly possible, that one party may propose an alteration, with a mental reservation of some con- struction of his own, and tliat he may assent to it, on a firm persua- sion, that the construction contint;<;s to be the same, and that, there- fore, he may conciliate, and yet ccicede nothing by giving his assent. I'he proposed alteration was considered as merely verbal; no suspi- cion appears to have been entertained, that it changed the stipulation as originally introduced; and it is not averred that the American Plenipotentiaries then thought of the construction now set up by their government. The meaning of the British negotiators is admit- ted to have been made quite api>arent by their projet, and, as nothing passed indicative of any objection to it, on the part of the American Commissioners, or of any depai'ture from it by the British negotia- tors, when tlie alteration was suggested by one party, and acceded to by the other, and, as there was no discussion on the propriety of making the restitution more extensive as to slaves, and other private property, than as to the other property mentioned, tlie undersigned cannot subscribe to the conclusions which Mr. Adams and his go- vernment have drawn from this manner of viewing the subject. The undersigned will now proceed to examine that part of the sub- jf)ct which regards the construction that has been given to the con- !,*- t rP' »» [71] text of the article in question, by tlic government of the United States. By the first article of the treaty, it is stipulated, that " there shall be a firm and uniteisal peace between liis Britannic Majesty and the United States, and between their respective countries, territories, ci- ties, towns, and people of every degree, without exception of places or persons. All hostilities, both by sea and land, shall cease as soon as this treaty shall have been ratified by both parties, as hereinafter mentioned. All territory, places, and possessions, whatsoever, taken by either party from the other during the war, or which may be taken after the signingof this treaty, excepting only the islands hereinafter mentioned, shall be restored without delay, and without causing any destruction, or carrying away of any of the artillery, or other public property, originally captured in said ports or places, and which shall remain therein upon the exchange of the ratifications of this treaty, or any slaves or other private property. And all archives, records, deelivercd to the proper authorities and persons to whom tliey respectively belong." ** Such of the islands in the bay of Passamaquoddy as are claimed by both parties, shall remain in tlie possession of the party in whose occupation they may be at the time of the exchange of the ratifica- tions of this treaty, until the decision respecting the title to the said islands shall have been made in conformity with the fourth article of this treaty." ** No disposition made by this treaty, as to such possession of the islands and territories claimed by both parties, shall, in any manner ■whatsoever, be construed to affect the right of either." T\\(i main purport of the first article in the former part of it, re- lates to the general pacification, and, in the latter part of it, to some of the direct consequences on the territorial possessions of the two countries, and the property within such possessions. As to the public property in the posts or places to be restored, it provides, that, if it shall have the double condition annexed to it, of having been origi- nally captured therein, and of remaining therein when the ratifica- tions are exchanged, then such property is to be restored, and it is not to be destroyed, or carried aw ay. It would surely have been unusual and unreasonable to have stip- ulated for the restitution of any property, which never had belonged to the fort or place, or which had been already destroyed, or carried away, so as no longer, in fairness, to have been considered as belong- ing to it, for it would seem to have no connection with the subject- matter of that part of the article in which the stipulation concerning it, must be supposed to occur. As to public property, it appears quite plain, that the carrying away here spoken of, is from the fort, or place to which it belonged, and from no other; for the condition ^vhich is admitted to apply to that, would otherwise have no applica^ riun at all. And no sound reason can be given, why the condition M limi tob ' higt rest Stal thei ing oft oft whc muF ■ plie J ver as 1 [71 ] 37 he United there shall ty and the ■itonea, ci- of places ise as soon lereinafter ver, taken ly be taken lereinafter iusing any ther public vhich shall lis treaty, i, records, to private n into the y be prac- luthorities re claimed y in whose c ratifica- \i the said article of »ion of the ly manner of it, re- it, to some f the two the public that, if it een origi- e rati flea- and it is have stip- belonged >r carried is belong- c subject- mcerning appeal's 1 the fort, condition > applica- conilition might not, in both its branches, apply as well to private^ as to public property, provided the construction would fairly admit of it. Both parties appear to agree to the conditions which relate to public pro- perty. But, then immediately follows, in the same sentence, the words " or any slaves, or other private property," and here tho question is, whether slaves and other private property are to be res- tored under the same limitation, provided in the same article, and in that part of it, which immediately precedes the words in question, or whether they are to be restored under different provisions. In tlie first place, the words do not admit of, nor is it contended by either party that there is, any distinction, whatever, made in this ar- ticle, between slaves and other jirivate property. They are incontes- tibly placed on the same footing, and whatever stipulations in this article apply to slaves, as one description of private property, must» of necessity, apply equally to all other private property referred to in the article. The question then is. Under what conditions is it stipulated that private property, (slaves inclusive,) is to bo restored? If it be con- tended, that, by the position of the words in this article, private (pro- perty is released from all the conditions under whicii it is admitted that public property is to be restored, the restitution becomes in that case unconditional. But Mr. Monroe does not contend for an un- conditional restitution, and therefore seems to admit, that the stipu- lation respecting private property is not a new and substantial stipu- lation, independent of preceding words, but that the words *' carry- ing away,'' which, in the preceding part of the sentence, apply to the restitution of public property, apply equally to the restitution of pri- vate property. But, if the words "carrying away," apply to pri- vate as well as to public property, how entirely arbitrary it is to say, that the intervening words do apply to the one, and do not apply to the other, although the words ** carrying away," grammatically govern both. Admitting, however, this arbitrary construction, still it would be more extensive than that for which Mr. Monroe con- tends. For, in case there could be no limitation assigned, as to the place where the private property was originally captured, nor any limitation as to the place tVoni whence the privsite property was not to be carried away, all merchant vessels, therefore, captured on the high seas, and their efTectb, must, according to this construction, bo restored, even if they ahonid not be within the limits of tiie United States, at the time of the exchange of the ratifications. Neither could there be any limitation as to the time subsequent to which the carry- ing away is not to take place. It must be from tho commencement of the war, or from the signature of the treaty, or from the exchange of the ratifications: whereas, Mr. Monroe contends, that tiie places where they had been originally captured, the places from wlieisce they must not be carried away, and the period to which this limitation ap- plies, arc all ascertained by the first article. Accoiiling to the construction of this article by the American go* verninent, the private property, in contemplation, is limited to such as had been originally captured within tiio territories of the United r ^ * 28 [71] €" Stfttest and sach property, so captured, must not be carried away after the exchange of the ratifications, not* from any place within the limits of the United States, whether this private property be, at that period, in American ports, or British ships of war, or British vessels. But if the first article provide for all these stipulations, one of them, placing private property on the same footing as that un which, by the same, public property is placed, and the others establislitng dissimilar conditions, it is impossible to look at those passages in this first article, which can alone be made ^o apply to such provisions, and not be at once satisfied that these limitations cannot be extracted without such omissions and interpolations, as the undersigned is per- suaded that it is not the intention of the American govei'nnient to maintain. As to the application of this article to pi-ivi ponding indulgence, cannot rest on any other foundation than conven- tional stipulation. It is unnecessary to inquire into the motives which might have originally influenced Great Britain, in conceding such liberties to the United States, or whether other articles of the treaty, wherein these liberties are specified, did, or did not, in fact, afford an equivalent for them; because all the stipulations profess to be founded on reciprocal advantages and mutual convenience. If the United States derived from that treaty privileges from wliich other independent nations, not admitted by treaty, were excluded, the dura- tion of the privileges must depend on the duration of the instrument by which they were granted, arid if the war abrogated the treaty, it determined the privileges. It has been urged, indeed, on the part of the United States, that the treaty of 1783 was of a peculiar charac- ter, and that because it contained a recognition of American inde- pendence, it could not be abrogated by a subsequent war between the parties. To a position of this novel nature. Great Britain cannot accede. She knows of no exception to the rule, that all treaties are put an end to by a subsequent war between the same parties; she cannot, therefore, consent to give tu her diplomatic relations with one state, a different degree of permanency from that on wiiich iier connection with all other states depends. Nov can she consider any one state at liberty to assign to a treaty made with her, such a pecu- liarity of character, as shall make it, as to duration, an exception to all other treaties, in order to found, on a peculiarity tluis assumed, an irrevocable title to all indulgences, which have all the features of temporary concessions. The treaty of Ghent has been brought forward by the American Minister, as supporting by its reference to the bound.iry line of the United States, as fixed by the treaty of 1783, the opinion that the treaty of 1783 was not abrogated by the war. The undersigned, however, cannot observe in any one of its articles, any express or implied reference to the treaty of 1783, as still in force. It will not be denied, that the main object of the treaty of Ghent, was the mu- tual restoration of all territory taken by either party from the otlier during the war. As a necessary consequence of such a stipulation, each party i^everted to their boundaries as before the war, without reference to tne title by which these possessions were acquired, or to the mode in which their boundaries had been previously fixed. In point of fact, the United States had before acquired possession of territories, asserted to depend on other titles than those which Great Britain could confer. The treaty of Ghent, indeed^ adverted, as a [71] i§ sstatibns I citizens lears, by insidcred ig NvitUiii the thud that the tiori, any r corres- II conven- motives ;onceding [es of the t, in fact, profess to ce. If the iiich other , the dura- nstt'ument treaty, it he part of ar charac- •ican indc- ,r between ain cannot eaties are uties; she ions with which her isidcr any h a pecu- ccption to isuined, aii features of I American line of the In that the lersigncd, Ixpress or It will not in the niu ■ the other [ipulation, [•, without Ired, or to H'lxed. In [session of |icli Great [ted, as a fact of possession, to certain boundaries of the United States, which ■were s|)erified in the treaty of 1783, hut surely, it will not be con- tended, that, therefore, the treaty of 1 783 was not considered at an end. It is justly stated by the American Minister, that the United States did not need a new grant of the boundary line. Tiie war did Tiot arise out of a contented boundary; and Great Britain, therefore, by the act of treating with the United States, recognized that nation in its former dimensions, excepting so far as the jus belli had inter- fered with them,, and it was the object of the treaty of Ghent to cede such rights to territory a» the Jus belli had conferred. Still less does the free navigation of the Mississippi, as demanded by. the British legotiators at Ghent, in any manner express or im* ply the non-abrogation of the treaty of 1783, by the subsequent war. it was brought forward by them, as one of many advantages, which they were desirous of securing to Great Britain, and if, in the first instance demanded without equivalent, it left it open to the negotia- tors of the United States to claim for their government, in the course of their conference&s a corresponding benefit. The American minis- ter will recollect, tLat propositions of this nature were, at one time, under discussion, and that they were only abandoned at the time that Great Britain relinquished her demand to the navigation of the Mis- sissippi. If then the demand on the part of Great Britain, can be supposed to have given any weight to the present argument of the United States, the abandonment of that demand must have effectually removed it. It is by no means unusual for treaties containing recognitions and acknowledgments of title, in the nature of perpetual obligation, to contain, likewise, grants of privileges liable to revocation. The trea- ty of 1783, like many others, contained provisions of different char- acters, some in their own nature irrevocable, and others of a tempo- rary nature. If it be thence inferred, that, because some advanta- ges specified in that treaty, would not be put an end to by the war, tliereibrc all the other advantages were intended to be equally per- manent, it must first be shewn that the advantages themselves are of the same, or, at least, of a similar character; for the character of one advantage recognized, or conceded by treaty, can have no connection with the charaeter^.of another, though conceded by the same instru- ment, unlese it arises out of a strict and necessary connection be- tween th' advantages themselves. But, what necessa»'y connection can there be between a right to independence and a liberty to fish within British jurisdiction, or to use British territory? Liberties within British limits are as capable of being exercised by a depen- dent, as by an independent state, and cannot, therefore, be the neces- sary consequence of independence. The independence of a state is that which cannot be correctly said to be granted by a treaty, but to be acknowledged by one. In the treaty of 1783, the independence of the United States was certainly acknowledged, not merely by the consent to make the treaty, but by the previous consent to enter into the provisional articles executed in 82 [71] 1 i I t I, ' November, 1782. The independence might have been acknowledged, "Without either the treaty or the provisional articles; but by whatever mode acknowledged, the acknowledgment is, in its own nature, irre- vocable. A power of revoking, or even of modifying it, woiild be destructive of the thing itself, and, therefore, all such power is neces- sarily renounced, when the acknowledgment is made. The war could not put an end to it, for the reason justly assigned by the Amer- ican Minister, because a nation could not forfeit its sovereignty by the act of exercising it; and for the further reason that Great Britain, when she declared war on her part, against the United States, gave them, by that very act, a new recognition of their independence. The nature of the liberty to fish within British limits, or to use British territory, is essentially diflferent from the right to indepen- dence, in all that may reasonably be supposed to regard its intetidcd duration. The grant of this liberty has all the aspect of a policy temporary and experimental, depending on the use that might be made of it, on the condition of the islands and places where it was to be exercised, and the more general conveniences or inconveniences, in a military, naval) or commercial point of view, resulting from the ac- cess of an independent nation to such islands and places. When, therefore. Great Britain, admitting the independence of the United States, denies their right to the liberties for which they now contend, it is not that she selects, from the treaty, articles, or parts of articles, and says, at her own will, thib stipulation is liable to for- feiture by war, and that it is irrevocable; but the principle of her reasoning is, that such distinctions arise out of the provisions them- selves, and are founded on the very uiiture of the grants. But the rights acknowledged by tlie treaty of 1783, are not only distinguish- able from the liberties conceded by the same treaty, in the foundation upon which they stand, but they are carefully distinguished in the treaty of 1783 itself. The undersigned begs to call the attention of the American Minister to the wording of the 1st and Sd articles, to which he has often referred, for the foundation of his arguments. In the first article. Great Britain acknowledges an independence alrea- dy expressly recognized by the powers of Europe, and by herself, in her consent to enter into provisional articles, of November, 1782. In the 3d article, Great Britain acknowledges the right of the United States to take fish on the banks of Newfoundland, and other places, from which Great Britain has no right to exclude an independent nation. But they are to have the liberty to cure and dry them in certain unsettled places, within his majesty's territory. If these liberties, thus granted, were to be as perpetual and indefeasible as the rights previously recognized, it is difficult to conceive, that the Plenipotentiaries of the United States would have admitted a varia- tion of language, so ada|>ted to produce a different impression; and, above all,that they shouldhave admitted so strange a restriction of apcr- petual and indefeasible right, as that with which the article concludes, which leaves u right so practical and so beneficial as this is admitted to he, dependent on the will of British subjects^ in their character uf fm [71] 88 Bwlcdged, whatever ture, irre- woiild be r is neccs- The war tlie Amer- peignty by Ett Britain, tates, gave dence. , 01* to use to indepen- ts inte;ided if a policy ;ht be made was to be iences, in a •om the ac- [lence of the ;h they now es, or parts iable to for- tiple of her isions thein- s. But the distinguish- B foundation ished in the attention of articles, to iiinents. In dence alrea- y herself, in V, 1782. In ' the United >ther places, independent ry them in y. If these defeasible as ive, that the ted a varia- ■ession; and, ctionofapcr- le concludes, } is admitted character of inhabitants, proprietors^ or possessors of the soil, to prohibit its ex- ercise altogether. It is surely obvious, that the word right is, throughout the treaty* used as applicable to what the United States were to enjoy, in virtue of a recognized independence, and the word liberty to what they were to enjoy, as concessions strictly dependent on the treaty itself* The right of the United States has been asserted upon other ar- guments, which appear to the undersigned not altogether consistent with those that had been previously advanced. It has been argued by the Minister of the United States, that the treaty of 1783 did not confer upon the United States the liberty of fishing within British jurisdiction, and using British territory, but merely recognized a right, which they previously had; and it has been thence inferred, that the recognition of this right, renders it as perpetual as that of their independence. If the treaty of 1783 did not confer the liberties in question, the I undersigned cannot understand why, in their support, the point ^ should have been so much pressed, that the treaty is in force, not* 1 withstanding the subsequent war. If, as stated by the American I Minister, the time of the settlement of North America was the origin I of the liberties of the United States, in respect to the fisheries, and \ their independence, as recognized in 1783, was, as further argued by him, the mere recognition of rights and liberties previously existing, (which must have been in virtue of their independence,) it would seem to follow, that their independence was recognized from the time i of the settlement of North America — for no other period can be as- 1 signed. The undersigned is totally unable to collect when the Ame« rican Minister considers the independence of his country to have commenced; yet this is a point of no small importance, if other rights are to be represented as coeval with it, or dependant on it. As to the origin of these privileges, in point of fact, the under- signed is ready to admit, that, so long as the United States constitu- ted a part of the dominions of his Majesty, the inhabitants had the enjoyment of them, as they had of other political and commercial advantages, in common with his Majesty's subjects. But they had, at the same time, in common with his Majesty's other subjects, du- ties to perform; and when the United States, by their separation from Great Britain, became released from the duties, they became excluded, also, from the advantages of British subjects. They cannot, there- fore, now claim, otherwise than by treaty, the exercise of privileges belonging to them as British subjects, unless they are prepared to admit, on the part of Great Britain, the exercise of the rights which she enjoyed previous to the separation. If it be contended, on the part of the United States, that, in con- sequence of having been once a part of the British dominions, they arc now entitled, as of right, to all the privileges which they enjoyed as British subjects, in addition to those which they have as an inde- pendent people, the undersigned cannot too strongly protest against such a doctrine; and it must become doubly necessary for Great firi- 5 'm'^ f .^1' 84 C7i] f h tain to hesitate in conceding the privileges wluch are now the subject of discussion, lest, by such a concession, she should be supposed to countenance a principle not less novel than alarming. But, though Great Britain can never admit the claim of the United States to enjoy those liberties, v/ith respect to the fisheries, as matter of right, she is. by no means, insensible to some of those considera- tions with which the letter of the American Minister concludes. Although his Majesty's government cannot admit that the claim of the American fishermen to fish within British jurisdiction, and to us^ the British territory for purposes connected with their fishery, is ana- logous to the indulgence which has been granted to enemy's subjects engaged in fishing on the high seas, for the purpose of conveying fresh fish to market, yet they do feci that the enjoyment of the liber- ties, formerly used by the inhabitants of the United States, may be Tcry conducive to their national and individual prosperity, though they should be placed under some modifications; and this feeling ope- rates most forcibly in favor of concession. But Great Britain can only offer the concession in a way which shall effectually protect her own subjects from such obstructions to their lawful enterprises, as they too frequently experienced immediately previous to the late war, and which are, from their very nature, calculated to produce colli- sion and disunion between the two States. It was not of fair competition that his Majesty's government had reason to complain, but of the pre-occupation of British harbors anfl creeks, in North America, by the fishing vessels of the United States, and the forcible exclusion of British vessels from places where the fishery might be most advantageously conducted. They had, like- wise, reason to complain of the clandestine introduction of prohibited goods into the British colonies, by American vessels, ostensibly en- gaged in the fishing trade, to the great injury of the British revenue. The undersigned has felt it incumbent on him thus generally to no- tice these obstructions, in the hope that the attention of the govern- ment of the United States will be directed to the subject; and that they may be induced, amicably and cordially, to co-operate with his Majesty's govermeut in devising such regulations as shall prevent the recurrence of similar inconveniences. His Majesty's government are willing to enter into negotiations with the government of the United States for the modified renewal of the liberties in question; and they doubt not that an arrangement may be made, satisfactory to both countries, and tending to confirm the amity now so happily subsisting between them. The undersigned avails himself of this opportunity of renewing to MPf Adorns the assurances of his high consideration. BATHURST. •■^t [71] U c subject )posed to le United IS matter )nsidera- ides. i claim of md to US9 y, is ana- i subjects lonveying the libep- , may be Yf tliough elingop^- ritain can I'otect her prises, i^s ( late war, luce colU- iment hafl irbors anfl ied States, vhere the lad, like- prohibited nsibly ci^- rcvenue. ally to nq- le govern - and that ,e with his revent the tgotiatio^s d renewal ■angemept o confirm renewing URST. Jlfr. Monroe to Mr, Mams, •♦ *f^u 4) \ i ^ ' r DePAHTMENT OF SfAtE* ' \ ^' , ■' February 27, 18l6# Sir: It being repnesented, by your lettef of tho 8th of November^ that tho British Government was disposed to regulate, in concert With tho United States, tho taking of fish on the coasts, bays, and ci-eeks, of all his Britannic Majesty's dominions in America, and the curing, and drying of fish, by their citizens, on the unsettled bays* harbors, and creeks, of Nova Scotia, Magdalen Islands, and Labra- dor, in such manner as to promote the interest of both nations, you will consii'cr this letter an authority and instruction to negotiate a conventipn for these purposes. 1 have the honour to be, &c. JAMES MONBOE. Mr. Monroe to Mr. Mamit Department op Stai^^, Q7th February f 1816* SiB: Since my last, of the 10th of December, I have had the honor to receive your letter of November 21st, with those of the 12th, IQtb^ 26th, and SOth of September, the 7th, and 31st of October, and 8th of November. With the latter, a copy of Lord Bathurst*s reply to your note of September SSth^ on the fisheries, was likewise re- ceived. It appears by these communications, that, although the British Government denies our right of taking, curing, and drying fish with- in their jurisdiction, and on the coast of the British provinces hi North America, it is willing to secure to our citizens the liberty stipulated by the treaty of 1783, under such regulations as will se*' cure the benefit to both parties, and will likewise prevent the smug- gling of goods into the British provinces^ by oUr vessels engaged in tho fisheries. It is hoped, that the reply which you intittidte foU intehded giv-' in^ to Lord Bathurst's note, may have produced some change in the sentiments of the British Government on this interesting subject; it is^ nevertheless, thought proper to enclose you an instruction, to be shewn to the British Government, authorizing you to negotiate a convention, providing for the objects contemplated. It is very important that this trust should be executed in a, tnan-* iiier not to weaken our right, which, it is presumed, may be dond with the concurrence of the British Government, either by the reset" iation of mntiml rights, or making the instrument a remedy fof abuses. SS^' [71] As to the manner in which the injuries complained of by the Bri- tish GKavernment are to be remedied, you will be able in aid of your own knowledge of the subject* to obtain better information than I can communicate. The British project will shew the nature and extent of these inju- riesy and it will be your object to make the remedy as harmless to our citizens^ and safe to the public rights* as possible. I have the honor to be, &c. \sai»>, ^ \: . r . • V JAMES MONROE. Extract of a letter from Mr, Mmroe to Mr. Mams. \. i , Department of State, ... . * May 24, 1816. **A hope is entertained that you will have arranged with the Bri- tish government the difference respecting the fisheries, before this reaches you. Should you not have been able to do it, you will en- deavor to comprise it in the general arrangement which you are authorized to make, on the principles stated in my letter of the 27th of February." Extract of a letter from Mr, Monroe to Mr. Mams. Department of State, July 8, 1816. " Mr. Bagot has received a power to arrange the difference re- specting the taking and curing and drying fish on the shores of the British colonies; but whether it authorizes such an arrangement as wiU be useful and satisfactory to us, I am as yet uninformed.*' 'i I J !' 'jM:,,; Extract of a letter from Mr, Monroe to Mr, Mams, Department or State. Mgust 13, 1816. ** On the other subject,^ Mr. Bagot offered to secure to us the right in question, on the Labrador Shore, between Mount Joli, and the Bay of Esquimaux, near the entrance of the Strait of Belle-Isle. "* Fisheries. [71] SV the Bri- 1 of your han I can lese injii- rmless to ^ROE. ■ ( , 1816. [i the Bri- efore this u will en- you are f the 27th It was necessary for me to seek detailed information of the value of this accommodation^ from those possessing it at Marblehead, and elsewhere, which 1 did; the result of which was, that it would btt more for our advantage to commence at the last mentioned pointt and to extend the rights eastward, through the Strait of Belle-Isle, as far along the Labrador Coast as possible. To this he objected,* offering, then, an alternative on the shore of the Island of Newfound- land, to commence at Cape Ray, and extend, east, to the Ramea Isl- ands. Of the value of this coast, I am likewise ignorant. The ne- gotiation must, therefore, be again suspended, until I obtain the in- formation requisite to enable me to act in it. ** It is probable that the arrangement of these two interests will again rest with you. The advantage of it, as you are already au- thorized to treat on other important subjects, is obvious. ** At the commencement of our conferences, Mr. Bagot informed me of an order which had been issued by Admiral Griffith to the British cruisers, to remove our fishing vessels from the coasts of those Provinces, which he would endeavor to have revoked, pending the negotiation. His attempt succeeded. I shall endeavor to have this revocation extended, so as to afford the accommodation desired, until the negotiation is concluded. All the information which has been, or may be obtained on this subject, shall be transmitted to you." , 1816. rence re- es of the ;ement as id." 'E. , 1816. to us the Joli, and )elle-Isle. Extract of a letter from Mr. Mams to the Secretary of State, dated^ London, 24th August, 1S16. ** On Wednesday last I had an interview with Lord Castlereagh, in which he informed me that this government declined entering upon any negotiation relative to the commercial intercourse between the United States and the British colonies in the West Indies: that they were averse to any discussion relative to blockades, and the other conflicting pretensions of neutral and belligcrant rights; and that they were willing to receive any proposals that we may wish to of- fer, respecting the intercourse, by land, between the United States and the British continental colonies, and respecting seamen; but there was a manifest reluctance to negotiate even upon these points- With regard to the West Indies, he said it was understood by this government that the United States would be perfectly free to adopt any countervailing regulations, either of prohibition, or of additional duties, that they might think advisable: that Great Britain would have no right to complain of them: that the determination, in this in- stance, arose altogether from that of adhering to their colonial sys. tem, of the wisdom of which he spoke as being, in his own mind, not unquestionable, but from which it was not thought expedient now to depart." :\«fc m 88 C 71 ] Front Mr, Adams to Mr. Monroe, Secretary of State, dated London, tBth September, 1816. -> ' [extract.] ^ <* You will perceive, by all my late despatches, that there is no prospect t>f doing any thing here, in the way of a negotiation upon objects of com- merce. I addressed yesterday to Lord Castlereagh a note, renewing the pro[)osal to negotiate; the object of whicli is to have the refusal explicitly iiignified in writing. In my last interview with Lord Castlereagh, ne did mequivocally decline negotiation upon the trade between the United States and the British colonies in the West Indies, and upon all the ques- ions relating to neutral rights in time of maritime war. He said they »rere williiig to receive any proposition respecting seamen, and respecting he inland intercourse between the United States and the British colonies n North America. I told him I should repeat the proposal for treating, in k note. He expressed a wish that I would not mention, in the note, the neutral questions, at all. I was somewhat surprised at the objection, but Fromised him I would give it full consideration before I sent in the note, did, accordingly, take ample time for reflection, and have concluded that I ought not only to include them in the note, but to urge with earnestness the reasons which make it peculiarly desirable that the two governments should come to an understanding upon those points, before the recurrence of a maritime war." Extract of a letter from Mr. Mams to the Secretary of State, dated London, 27^A September, 1816. " I have the honor of enclosing, herewith, a copy of the note which I have addressed to Lord Castlereagh, renewing the proposal for the negotiation of a treaty of commerce. From the determination of this government, asv communicated to me in my personal interview with him on the 21st of August, it is to be expected that they will decline treating upon the sub- ject of our trade with the British colonies, in the West Indies, and upon the questions relating to neutral interests during maritime war. They may profess te be willing to receive specific proposals relative to seamen, and to our inland intercourse with their colonies in North America; but, it is not probable that, upon either of tliose subjects, they will agree to any thing that can be satisfactory to you-— nor shall I think it expedient to con- clude any separate arrangement concerning them, excluding the others, without further instructions to that effect. In the conversations that I have had with Lord Castlereagh, he has given me very distinctly to under- stand, that, with regard to seamen, if they should even agree to the pro- posed stipulation ot excluding from the respective naval and merchant services the native citizens and subjects of each other, they will not un- derstand it as implying or intending an engagement to renounce the prac- tice of taking men from our vessels, in the event of a future maritime waf. In the instructions hitherto transmitted to me, it is not insisted th^t such a renunciation should be included in the article; yet, I ca,nnot but suppose it was expected, that, if the article sliould be agreed to, it woi4d be with at least a tacit understanding, that the practice of impressment 'shdt Ite ahandoued." Ili.:r [71] 39 Ion, IBih prospect s of com- iv/'ins the explicitly h, lie did z United the ques- said they especting 1 colonies eating, in note, the. ;tion, but the note, uded that irnestness 'ernments ecurrence dated 1816. ich I have gotiation riment, aft \e 21st of the sub- and upon They seamen, rica; but, ee to any it to con- ic others, s that I to under- the pro- mercnant not un- the prac- inie waf. ted th^t mnot but it would ressTn^nt 1 Mr. Adams to Lord Castlercagh. t\' 13 Craven Street, 17th September, 1816. The undersigned, Envoy Extraordinary and Minister Plenipotentiary from the United States of*^ America, has the honor of renewing to Lord Castlereagh the proposal which he has been instructed to make on the part of the government of the United States, for the negotiation of a treaty of commerce, embracing all the principal objects, most interesting to the friendly and commercial intercourse between the two nations. He has already exhibited to his lordship the authority with which he has been furnished by the American government for that purpose, and has fully stated to him the motives which induced |this proposal. They are all founded in the anxious desire of the American government to cultivate the harmony between the two nations, and to concert, by engagements of mu- tual accommodation, such arrangements of the points from which differ- ences have, unfortunately, arisen heretofore, or which might have a tenden- cy to produce them hereafter, as may be satisfactory to both parties, guard against future misunderstandings, and promote that amicable temper and disposition which can alone perpetuate the peace and friendship, dictated by the clearest and highest interests, both of Great Britain and of the Unit- ed States. It will be recollected by Lord Castlereagh, that the commercial conven- tion of 3d July, 1815, was not considered, at the time of its conclusion, as the ultimate or definitive arrangement of the commercial relations between the high contracting parties. Other objects, besides those upon which the agreement was completed, were discussed in the course of that negotiation, pthers yet, including all, or most of those upon which Great Britain is now again invited to treat, were presented to the attention of the British Plenipotentiaries, but postponed, in consideration of peculiar circumstan- ces then operating, and which have happily since been done away. In bringing them again to the view of the British cabinet, the undersigned has the honor of distinctly specifying the several objects upon which the Aftierican government repeats the proposal to enter into further recipro» cal commercial stipulations, of suggesting the urgent additional motives for desiring them, which have arisen since that period, and of exposing the liberal principles upon which they propose that this supplementary treatF sihould be founded. ; 1 . The commerce between the United States and the British colonies in North America, and in the West Indies. From the relative geographical position of those countries; from the na- ture of their respective productions; and from the wants on either side, which may be most advantageously, if not exclusively supplied by th^ other; this commerce is not only of the greatest convenience to both par- ties, but, in some respects, and on many occasions, it is of the first necesr sity to the colonies. At the time when the commercial convention of 3d July, 1815, was negotiated, this commerce was open to vessels of the Unit* ed States. The ports of the British colonies in the West Indies are still accessible, under certain restrictions, to French, Spanish, Dutch, Danish, and Swedish vessels; and while the ports of every nation in the West In- dies, Great Britain alone excepted, are in like manner accessible to Amer- ican vessels, they have been, and still are, by new regulations, enforced ?ince th,p conclusion of that convention, rigorously excfudedirom the Bri- v^ 40 [71] tish ports. This exclusion of all participation in tlie advantage of carry* ing between the two countries, the articles of a commerce mutually bene- ficial to both parties, has not only the aspect of a policy peculiarly pointed against the United States, but it defeats, in a great degree, the prmciple of equalising the advantages of the commerce between the two countries, by equalising the duties and cha'-ges upon the vessels of both, in the direct intercourse between them. For, while British vessels, after performing a direct voyage from Europe to the United States, are there received upon terms of equality with those of the United States, they now euioy the ex- clusive benefit of resorting to an intermediate market in the West Indies, vrhWe the vessels of the United States are restricted to the direct inter- change, to and from Europe. The result of which is, that British vessels enjoy, in the ports of the United States, important advantages, even over the vessels of the United States themselves. It must be obvious that this cannot long be tolerated; that, if the commerce with those parts of the Bri- tish dominions is not placed on a footing of reciprocity, similar restraints will become indispensable on the part of the United States. Such coun- tervailing restraints were proposed at the last session of Congress, and postponed, in the hope that satisfactory arrangements might be made, be- fore the next meeting, to prevent a recurrence to a system of commercial hostility, inconsistent with the interests of both nations, inauspicious to the amicable relations now existing between them, and repugnant to the most earnest wishes of the American government. In the arrangements pro- posed, they do not contemplate any interference, on their part, with the colonial monopoly of Great Britain. It is not asked that she should re- nounce the right of prohibiting the importation, into her colonies, from the United States, of whatever articles she may think fit: but that the com- merce which, for their and her own advantage. Great Britain allows be- tween them and the United States, should be placed on the same footing of reciprocity as the direct trade between Great Britain and the United States was intended to be placed by the Convention of 3d July, 1815. While on this subject, the undersigned cannot but remark the extraor- dinary measures relating to the commercial intercouse between the United States, and the British colonies in North America and in the West In- dies, adopted since the conclusion of the Commercial Convention of 3d July, 1815. In all of them, very heavy duties have been imposed upon the importation of American produce, even when carried in British ships. A heavy duty of exportation has been laid, in tlie province of Nova Scotia, upon plaster of Paris, an article for which there is no other market than the United States. And, in the prdvince of Upper Canada, an act of the provincial legislature having first vested in the lieutenant governor and council the power of regulating the commercial intercourse between that province and the United States, that body did, on the 18th of April last, issue an order, imposing heavy duties upon many articles of the growth or manufacture of the United States, with an addition of twelve per cent, on all those duties, upon importation in American vessels, and a tonnage duty of twelve shillings and sixpence per ton, upon every vessel exceeding five tons burthen, entering any port or harbor of the province, and belonging to citizens of the United States. The inland commerce between the Unit- ed States and Upper Canada, is believed to be of paramount importance to the province: but, were it even e(]^ually important to the United States, measures like these can be viewed in no other light than as efforts to en- gross, exclusively, tlie whole of the trade on one side. It would be far [71] 1* ge of carry- tually bene- arly pointed I principle of ountries, by n the direct )erfonning a ceived upon aioy the ex- Vest Indies, direct inter- itish vessels 8, even over Qus that this 3 of the Bri- ir restraints Such coun- ngress, and le made, be- commercial icious to the to the most ements pro- irt, with the e should re- cs, from the lat the com- n allows be- ame footing the United [y. 1815. the extraor- the United e West In- ntion of 3d posed upon ritish ships, fova Scotia, narket than 1 act of the vernor and etween that April last, e growth or >er cent, on nna^e duty icedmg five 1 belonging n the Unit- portance to ited States, forts to en- uld be far i more agreeable to the American government to settle this intercourse by amicable concert, than to be left under the necessity of meeting a systen) of exclusion by countervailing regulations. . 2. Seamen. * It is proposed to stipulate, that neither the United States nor Great Bri- tain shall employ, in their naval or merchant service, native citizens or subjects of the other party, with the exception of those already naturaliz- ed, of whom the number is very small. From the well-known fact that the wages of seamen in time of peace are invariably higher in the American service, of both descriptions, than in the British, it is apparent that the ad- vantage of this stipulation will be almost entirely on the side of Great Britain. Although obviously proper that it should be reciprocal, it is offer- ed, not as an engagement from which the United States expect to derive any advantage, in itself, but as the means to Great Britain of reserving to herself the services of all her own native seamen, and of removing forever the necessity of resortine to means of force, either by her naval officers, to take men from the vessels of the United States, or by the United States, to resist the renewal of that practice, in the event of any future maritime war, to which they may be neutral. In adopting the principle proposed, the American government are prepared to secure its faithful execution by any reciprocal regulation which may be deemed necessary, consistent with their Constitution and the spirit of their laws. 3. Neutral and Belligerant Bights. It is equally desirable, in the view of the American government, to ar- rangi, at this time, every question relating to neutral rights: particularly those concerning blockade; contraband ot war; visits at sea of merchant vessels by ships of war; the trade with the colonies of enemies, and be- tween them and the parent country, and tlie trade from one port of an ene- my to another. The tendency of discordant principles upon these points to embroil neutral and belligerant states with each other, has been snown, by the melancholy experience of ages. Tlie frequent departures, during the most recent wars, from all acknowledged principles founded on the general usages of nations, have still more unsettled whatever reliance might heretofore have been placed upon their authority. A time of peace, when the feelings of both parties are free from the excitement of any momentary interest, and when the operation of the principles to be sanctioned by mu- tual compact depends upon contingencies which may give either party the first claim to the stipulated rights of the belligerant or of the neutral, must be me ;'e favorable to the amicable adjustment of these questions, than a time of actual war, under circumstances when the immediate interests of each S arty are engaged in opposition to those of the other. Whether Great Iritain or the United States will be first engaged in a maritime war with any third party, cannot now be foreseen; but it is of the deepest interest to the permanency of the peace and friendship between them tliat the}' should come to an explicit understanding with each other upon the points here referred to, before the occurrence of any such event on either side. It is not the desire of the American government to propose, upon these suu- iects, any innovation upon principles often recognised by Great Britain nersclf, in her treaties with other powers. Thev wish only, -by a mutiml f ^ ^1, !!' 4ft [71] compact now formed, to guard against collisions, which the recollection of the past so forcibly admonishes the rulers of both nations to obviate, if possible, for the future. ' . 4. Slavea carried away .from the United States, by British officers, aftet . ^ the Peace. As the construction given by his Maje^y's government, to the first arti- cle in the treaty of Ghent; in referejicelp me slaves carried away from the United States by British officers, after tm ratifi^awn of the peace, is so directly at variance with.. the construction which the American govern- ment tnink alone applicable to it, the undersigned has been further instruct- ed to propose that this question should be submitted to the decision of some friendly sovereign. Tnis reference is suggested bv provisions in the treaty of Ghent itself, applicable to the contingency of differences in other instances; and it is conceived that, when such differences exist, no better mode can be adopted fur settling them in a satisfactory manner. Should his Majesty's government think proper to accept this proposal for a negotiation, upon the points with regard to which the general wishes of the government of the United States li^'e been here frankly exposed, the undersigned will be ready to enter into further communications with any person who may be authorized to confer with him for the purpose of sucn a negotiation. If the offer should not be deemed acceptable, ho requests the honor of as early an answer as may be convenient. The undersigned prays Lord Castlereagh to accept the assurance of his high consideration. JOHN QUINCY ADAMS. 13, Craven street, 17th Sept. 1816. 4iiii: 'l"i^i Extract of a letter from Mr. *idanis to the Secretary of State, dated London, 5th October, 1816. *' Lord Castlereagh left London this week upon a visit to Ireland. Pre- vious to his departure I received from him a letter, of which a copy is herewith enclosed. Although the absence of several of the Cabinet Mi- nisters is alleged as the motive for postponing the answer to my note of the irth September, and although his Lordship promises to lay the subjects suggested in it before his colleagues, immediately after his return, there is no reason to expect that any departure from the policy already determined upon will take place. It is probable that you will receive this despatch aoout the time of the meeting of Congress. Any measures in the spirit, and with the object, of those proposed at the last session, and then post- poned, may be now adopted without hesitation. My own entire conviction is, that the operation of such measures, if suceessful, will be the only possible means of convincing this government of the expediency of relaxing from the rigour of their exclusive colonial system. It is, and uniformly has been, my opinion, that the result of the equalisation of duties will be to the advantage of Great Britain, and to our disadvantage. But the princi- |)le was sanctioned, by an act of Congress, before the Convention of 3d Ju- y, 1815, was negotiated. The benefit of the Convention to us, if any, h in the India trade; but as its duration is to be so short, the only chance of having it renewed, at the end of its four years, with additional articles of more liberality, will be effective counteracting regulations in respect to the commerce with the British colonies in tlie West Indies." f, ollection of obviate, if leers, after le first arti- ly from the eace, is so an govern- jr instruct- ion of some ms in the es in other , no better is proposal jrai wishes y exposed, a 8 with any >se of sucn ii requests ince of his DAMS. [71] O Lord Castlereagh to Mr, Adams, dated Foreign Office, Septemher 28^^,1816. Sib: I very much regret that the absence from London, at this season of the year, of several of the Prince Regent's ministers, wiH preclude me from returning as early an answer to your note of th« 17th as I should wish, under the sense I entertain of the great import ^anre of the several objects to which it invites the attention of this government. I have myself obtained the permission of the Prince Regent t« make a short excursion to Ireland on my private aifairs, but I shall certainly return to London by the middle of November, and shall lose no time, as soon after that period as my colleagues shall be re* assembled, to bring the various objects referred to in your note un- der their deliberation. I request you will accept the assurances of the high consideration with which I have the honor to be, Sir, your most obedient humble servant, ' ' CASTLEREAGH. JoHif QviNGY Adams, Esq. ^•c. ^c. ^c. te, dated ', 1816. ind. Pre- a copy is binet Mi- |y note ol subjects 1, there is [tennined despatch [he spirit, len post- fiction is, possible Ing from [mly has 'ill be to princi- tfSdJu- If any, is lance of licles of k to the ^\ Extract oj a Utter from Mr, Mams to the Secretary of State, dated London, ZAth December, 1816. ** Yesterday morning I received a note from Lord Castlereagh, requesting me to caM upon him; and he informed me, that, as he was going out of town for a few days, he had sent for me to say, that he had not forgotten his promise to me before his departure for Ireland; that the proposal in my note of 27th September, for a commercial ne- gotiation, should be considered immediately after his return; that two cabinet councils had already been held on the subject, and, as soon as the objects could be sufficiently matured, for the proper authority to be given to him to treat, I should hear from him again. It would seem from this, as if the proposal would be so far accepted as to en- ter upon a negotiation; but, I beg leave to point your attention to an article in the Courier of last evening, stating the proceedings in th6 island of Dominica, after the late hurricane, including a letter from Earl Bathurst, dated the 28th of September last, and to an adver- tisement from the Victualling Office, for a supply of flour, to be deli- vered at several of the West India islands^ from the United States, both in the same paper." 44 [71] ■ '•> Mr. Monroe to Mr, Mams, Department ov State, February S, IBIT, Si r: I have the honor to forward to you, herewith, a copy of my correspondence with Mr. Bagot, in relation to the fisheries, on the coast of Labrador, &c. from which you will perceive, that our nego- tiation on that interesting subject has not had the desired result. Mr. Bagot professes, on the part of his government, the most con- ciliatory dispositionin regard to this affair, and it is yet to be hoped that it may be satisfactorily settled. With this view,, the President intends to renew the negotiation as soon as he can obtain the infor- mation necessary to enable him to decide what arrangement would be best calculated to reconcile the interests of both parties, which he hopes to do in the course of a few months. In the mean time, he ex- pects that no measures will be taken by the British government to alter the existing stp.te of things, and that it will be in your power to obtain the renewal of th3 order to the naval officer, commanding on that station, not to interrupt or disturb our fishermen during the ap- proaching season. You will see the importance of an early attention to this subject, as the fishing season is fast approaching. I have the honor to be, &c. JAMES MONROE. w i _; ^i i II Mr. Bagot to Mr. Monroe. Washington, Mvember Z7, 1816. Sir: In the conversation which I had with you a few days ago, upon the subject of the negotiation into which the British govern- ment is willing to enter, for the purpose of affording to the citizens of the United States such accommodation for their fishery, within the British jurisdiction, as may be consistent with the proper administra- tion of his Majesty's dominions, you appeared to apprehend that nei- ther of the propositions which I had had the honor to make to you up- on this subject, would be considered as affording, in a sufficient de- gree, the advantages which were deemed requisite. In order that I may not fail to make the exact nature of these pro- positions clearly understood, and that I may fully explain the consi- derations by which they have been suggested, it may, perhaps, be de- sirable that I should bring under one view the substance of what I have already had the honor of stating to you, in the several conferences which we have held upon this business. It is not necessary fur me to advert to the discussion which has tak- en place between Earl Batluirst and Mr. Adams. In the correspon- dence which has passed between them, you will have already seen, in the notes of the former, a full exposition of the grounds upon which [71 ] 45 , i8ir. py of my iB, on the our negO" result, most con- » be hoped President the infor- lent would , which he me, he ex- Tnment to p power to landing on ng the ap- lis subject. NROE. 7, 1816. days ago, ih govern- Icitizens of Iwithin the Iministra" that nei- to you up- licient de- I these pro- jthe consi- \ps, be de- I of what I inferences Ih has tak- lorrespon- \y seen, in >on which i the liberty of drying and iSshing within the British limits, as granted to the citizens of the United States by the treaty of 1783, was consi- dered to have ceased with the war, and not to have been revived by the late treaty of peace. You will also have seen therein detailed the se. 'ous considerations, affecting not only the prosperity of the British fishery, but the general interests of the British dominions, in matters of revenue, as well as government, which made it incumbent upon his Majesty's govern- ment to oppose the renewal of so extensive and injurious a concession, within the British sovereignty, to a foreign state, founded upon no principle of reciprocity, or adequate compensation, whatever. It has not been thought necessary to furnish me with additional argument upon this point. I therefore confine myself, upon the present occa- sion, to a brief repetition of what I have already, at different periods, had the honor to submit to your consideration, upon the subject o( an arrangement, by which it is hoped practically to reconcile the differ- ent views uf our respective governments. It will be in your recollection, that, early in the month of July last, I had the honor to acquaint you that I had received instructions from my government to assure you, that, although it had been felt neces- sary to resist the claim which had been advanced by Mr. Adams, the determination had not been taken in any unfriendly feeling towards America, or with any illiberal wish to deprive her subjects of ade- quate means of engaging in the fisheries; but that, on the contrary, many of the considerations which had been urged by Mr. Adams, on behalf ot the American citizens formerly engaged in this occupation, had operated so forcibly in favor of granting to them such a conces- sion as might be consistent with the just rights and interests of Great Britain, that I had been furnished with full powers from his Royal Highness the Prince Regent to conclude an arrangement upon the subject, which it was hoped might at once offer to tlie United States a pledge of his Royal Highness' good will, and afford to them a rea- sonable participation of those benefits of which they had formerly the enjoyment. It being the object of the American government, that, in addition to the right of fishery, as declared by the first branch of the 4th article of the treaty of 1783, permanently to belong to the citizens of the Unit- ed States, they should also enjoy the privilege of having an adequate accommodation, both in point of harbors and drying ground, on the unsettled coasts within the British sovereignty, I had the honor to propose to you, that that part of the southern coast of Labrador which extends from Mount Joli, opposite the eastern end of the island of Anticosti, in the Gulf of St. Lawrence, to the Bay and Isles Esqui- maux, near the western entrance of the Straits of Belle Isle, should be allotted for this purpose, it being distinctly agreed that the fishei'- men should confine themselves to the unsettled parts of the coast, and that all pretension to fish or dry within the maritime limits, or on any other of the coasts of British North America, sliould be aban- doned. 4ft [Tl] t'' Upon Iparning from yd. I had inder siml- le southern istward* to jreenwich. f known to the uses of I accommo- ie, without 's own har- jesty's do- heR of those privilege of ifova Scotia the value of collect that the footing y the trea- jects of his |so long en- tory of the presumed, placed the claim of each party in t jost light. I shall, therefore, make no remark on that part of your note, which relates to the right of the parties, other than by stating, that this government entered into this negotiation, on the equal ground of neither claim- . ing or making any concession in that respect. You have made two propositions, the acceptance of either of which must be attended with the relinquishment of all other claims on the part of the United States, founded on the first branch of the fourth article of the Treaty of 1783. In the first, you ofier the use of the territory on the Labrador coast, lying between Mount Joli and the Bay of Esquimaux, near the entrance of the Strait of Belle-I^le; and in the second, of such part of the southern coast of the Island of Newfoundland, as lies betw^n Gape Ray and the Uamian Islands. I have made every inquiry that circumstances have permitted, respecting both these coasts, and find that neither would afford to the citizens of the United States the essential accommodation which is desired— neither having been much frequented by them heretofore, or likely to be iit &iture. I am compelled, therefore, to decline both propositions. I regret that it has not been in my power to give an earlier answer to your note: you will, however, have the goodness to impute the delay to a reluctance to decline any proposition which you had made, by the order of your government, for the arrangement of an inter* est of such high importance to both nations, and to the difficulty of obtaining all the information necessary to guide this government in the decision. I have the honor to be, &c. JAMES MONROE. The Rt. Hon. Charles Bagot. \^- lAGOT* |A, 1816. le 27th of Bsident. the United |nic Majes- I concur in of their ito examine 1 discussion has, it is Jtfr. Bagot to Mr. Monroe, Washington, December 31, 1810. Sir: I have had the honor to receive your letter of yesterday's date, acquainting me that neither of the propositions which I had submit- ted to ^our consideration. Upon the subject of providing for the citi- zens of the United States, engaged in the fisheries, some adequate accommodation for their pursuit upon the coasts of his Majestv*s territories, having been found to afford the essential convcniencies which are desired, you are compelled to decline them. The object of his Majesty's government, in framing these proposi- tions, was to endeavor to assign to the American fisiiei men, in the prosecution of their employment, as large a participation of the con- veniencies afforded by the neighboring coasts of his Majesty's settle- ments, as might be reconcileable witli the just rights and interests of his Majesty's own subjects, and the due administration of his Majes- ¥' 48 [71] ^ 1? *•! ty'H dominions; and, it was earnestly hoped, that either one or ihr other of them would have been found to afford, in a mfficient de- gK r. the accommodation which was required. The wish of his Royal Highness the Prince Regen to extend to the citizens of the United States every advantage, which, for the purposes in view, can, be derived from the use of his Majesty's coasts, has no other limit, than that which is necessarily prescribed by a re- gard to the important considerations to which I have adverted. His Royal Highness is willine to make the utmost concession which thrst; considerations will admit; and in proof of the sincerity of this disposition, I have received his Royal Highnesses instructions to ac- quaint you, that if, upon examination of the local circumstances of the coasts, which I have had the honor to propose, the American go- vernment should be of opinion that neither of them, taken separate- ly, would afford, in a satisfactory degree, the conveniencies ^vhich are deemed requisite, his Royal Highness will be willing that the citizens of the United States should have the full benefit of both of them, and that, under the conditions already stated, they should be admitted to each of the shores, which I have had the honour to point out. In consenting to assign to their use so large a portion of his Ma- jesty's coasts, his Royal Highness is persuaded that he affords an unquestionable testimony of liis earnest endeavor to meet, as far as is possible, the wishes of the American Government, and practically to accomplish, in the amplest manner, the objects which they have in view. The free access to each of thesb tracts, cannot fail to offer every variety of convenience which the American fishermen can re- quire in the different branches of their occupation; and it will be ob- served, that an objection, which might possibly have been felt to the acceptance of either of the propositions, when separately taken, is wholly removed, by the offer of them conjointly; as, from whatever quarter the wind may blow, the American vessels ingaged in the fish- ery, will always have the advantage of a safe port under their lee. His Royal Highness conceives, that it is not in his Royal High- ncss's power to make a larger concession than that which is now proposed, without injury to the essential rights of his Majesty's do- minions, and some of the chief interests of his Majesty's own sub> jects. But it will be a source of sincere satisfaction to his Royal Highness, if, in the arrangement, which I have the honor to submit, the citizens of the United States shall find, as his Royal Highness confidently believes that they will find, ample means of continuing to pursue their occupation, with the convenience and advantage which they desire. I have the honor to be, with the highest consideration. Sir, &c. CHARLES BAGOT. [ 71 ] 49 lier one or ufficient de- to extend to liicli, for the i)tyN cuastSy led by a re- rerted. His ision which trity of this ;tions to ac- imstances of merican go- en separate- ncies ^vhich ing that the it of both of y should be lour to point I of his Ma- le affords an t, as far as is I practically h they have ; fail to offer men can re- twill beob- tn felt to the y taken, is m whatever 1 in the fish- their lee. loyal High- hich is now ajesty*s do- 's own sub* his Royal )r to submit, il Highness ontinuing to ntage which Sir, &c. IBAGOT. The Secretary of State to Mr, Bagot, Department of State, January 7ih, 1817. Sir: I have had the honor to receive your letter of the 3l8t of De- cember, proposing an accommodation of the difference between our governments, relative to the fisheries comprised io the first branch of the fourth article of the treaty of 1783, by ftie allotment of both the coasts, comprised in your former propositions. Having stated in my letter of the dOtfa of December, that, accord- ing to the best information which I had been able to obtain, neither of those coasts had been much frequented by our fishermen, or was likely to be so in future, I am led to believe that they would not, when taken conjointly, as proposed in your last letter, afford the ac- commodation which is so important to them, and which it is very sa- tisfactory to find it is the desire of your government that they should possess. From the disposition manifested by your government, which corresponds with that of (he United States, a strong hope is enter- tained, that further inquiry into the subject will enable His Royal Highness the Prince Regent to ascertain, that an arrangement on a scale more accommodating to the expectation of the United States will not be inconsistent with the interest of Great Britain. In the mean time, this government will persevere in its measures for obtaining such further information, as will enable it to meet yours in the conciliatory views which are cherished on both sides. I have the honor to be, &c. ^ JAMES MONROE. The Rt. Hon. Charles Bagot. Mr. Adams to the Secretary of State, dated London, 20th March, 1817. Sib: The day before yesterday, I had an interview with Itord Cas- tlereagh, when he informed mc that the British government had come to a determination respecting the commercial part of the proposals for the negotiation 6f a further treaty, which I had made last Sep- tember. That they were still not prepared to abandon their ancient colonial system, but they were willing to extend to the United States the benefits of the free port act, to the same extent that they were now enjoyed by the vessels of European nations, and to give a partial ad- mission of our vessels to the island of Bermuda, and to Turk's Isl- and. And, with regard to the intercourse between the United States and the adjoining British provinces, they would renew a proposal heretofore made, founded altogether upon the principle of reciprocity, which proposal he read to me, from a paper which he said was not quite finished, but which would be sent me in the course of the next day. Last evening I received a note from Mr. Hamilton, the Under Secretary of State in the Foreign Departmrnt, with a draft of four articles, a copy of which, hastily made, I now enclose, as Mr. Eve- 50 C71 3 % • .1 rett leaves town this morning. The part read to me by Lord Castle- reagii was the fourth article, excepting the last paragraph. I do not think it possible to make any thing out of these articles to which I caB« under my present instructions, agree. I therefore enclose copies of them, with the requestof immediate further instruc- tions. Lord Castlereagh informed me, that they had received infor- mation that the act of Congress, prohibiting the clearance of foreign vessels for ports to which vessels of the United States are not admit- ted, had passed; and ho repeated the assurance, that this government considered it as perfectly proper, and as giving them no cause of complaint or dissatisfaction. It seems to me, however, that the very slight and partial concessions in the enclosed articles, are intended to counteract its effects, and this opinion contributes to caution me against subscribing to them without your further orders. Lord Cas- tlereagh*s offer is to make them supplementary to the Convention of 3d July, 1815, and to be in force for the same time. 1 am, with grout respect. Sir, your very humble and obedient servant, ^ JOHN QUINCY ADAMS. ARTICLE 1. I til H" ll» i His Britannic Majesty consents to extend to the United States the provisions of the Free Port Act, as established by the 45th Geo. 3d, c. 57, (except as far as relates to negro slaves, which, under the abolition acts, can no longer be lawfully exported from any British possession to any foreign country) that is to say, that any sloop, schooner, or oth'^r vessel whatever, not having more than one deck, and being owned and navigated by subjects of the United States, may import into any of the free ports in his Majesty's possessions in the West Indies, from the United States, any of the articles enume- rated in the above act, being of the growth or production of the United States, and any coin, bullion, diamonds, and precious stones, and the said ai tides being of the growth or production of the United States; and also all other articles imported into the said free ports, by virtue of this convention, from the United States, shall be subject, in all respects, to the same rules, regulations, and restrictions, and shall enjoy the same advantages, as tore-exportation, as are now ap- plied to similar articles when imported by authority of the said act, from any other foreign country, and re-exported from the said pos- sessions of his Majesty. His Britannic Majesty further consents, that any vessel of the United States, as above described, may export from any of the said ports, to the United States, rum, of the produce of any British colony or possession, and also all manner of goods, wares, or merchandise, which shall have been legally imported into those possessions of his Majesty in which the said free ports are established, except masts, yards, or bowsprits, pitch, tar, and tur- ill' [71] it d Gastle- e articles therefore r in8truc« ved infor- of foreign lot admit* vernment 1 cause of t the very 2 intended aution me ^ord Cas- irention of vant, lDAMS. ed States 45th Geo. under the ly British ny sloop, one deck, 3d States, essions in ;s enume- m of the lis stones, le United ee ports, '. subject, ions, and now ap- said act, said pos> consents, iy export produce >f goods, rtcd into lorts are and tur> pentine; and also except such iron as Nhall have been brought from the British colonics or plantations in America. And whereas, by an act passed in the 48th year of his Majesty's reign, cap. 125, rice, grain, and flour, are added to the articles pre- viously allowed to bn imported into the said free ports, it is agreed, that those articles may be imported from the United States into the said free ports, in vessels of the United States, as above described; and it is agreed, on the part of the United States, that any facili- ties granted in consequence of this convention, to American ves- sels in his Majesty's said colonies and possessions, shall be reci- procally granted, in the ports of the United States, to British vessels of a similar description, engaged in the intercourse so allowed to be carried on; and that if, at any future period, during the con- tinuance of this convention, his Britannic Majesty should think lit to grant any further facilities to vessels of the United States, in the said colonies and possessions, British vessels trading be- tween the said colonies and possessions and the United States, shall enjoy in the ports of tiie latter equal and reciprocal advan- tages. It is further agreed, that articles imported into the said free ports of the United States, by virtue of this convention, shall pay the same duties as are or may be payable upon similar articles when imported into the said free ports from any other foreign country. And the same rule shall be observed on the ])art of the United States, in re- gard to all duties chargeable upon all such articles as may, by virtue of this convention, be exported from the said free ports to the United States. But his Britannic Majesty reserves (o himself the right to impose higher duties upon all articles so allowed to be imported into the said free ports from the United States, or from any other fo- reign country, than are or may be chargeable upon all similar arti- cles when imported from any of his Majesty's possessions. ARTIC/.E 2. , ^ His Britannic Majesty engages to allow the vessels of the United States to import into the island of Bermuda the following articles, to wit: Tobacco, pitch, tar, turpentine, hemp, fla^f, masts, yards, bowsprits, staves, heading boards, and plank, timber, shingles, and lumber of any sort; bread, biscuit, flour, pease, beans,''potatoes, wheat, rice, oats, barley, and grain of any sort; such commodities being the growth or production of the territories belonging to the United States of America. And to export from the said island, to the United States, in vessels of the said States, any goods or commodi- ties whatsoever, which are now by law allowed to be exported from his Majesty's colonies and possessions in the West Indies, to any foreign country or place in Europe. And also, sugar, molasses, cot- fee, cocoa nuts, ginger, and pimento; and, also, all goods, the growth, produce, or manufacture of the United Kingdom uf Great Britain and Ireland, upon the same terms, and subject to the same duties 83 [71] 'I ' I I only, as would aifect similar articles when impoited from the United States into Bermuda, or exported from Bermuda to the United States, in British ships. And it is agreed, on the part of the United States, that a similar equality shall prevail in the ports of the said states, with regard tu all British vessels trading in similar articles between the United States and the island of Bermuda. ARTICLE 3. myh It is agreed that vessels of the United States may resort to Turk's Island, for the purpose of taking in cargoes of salt, for the United States; and that the vessels, so resorting to the said islands, shall be allowed to import tobacco and cotton wool, the produce of the said United States, upon the same terms, and subject to the same duties as British ships when engaged in a similar intercourse. It is agreed, on the part of the United States, that a similar equality shall prevail in the poi-ts of the said States, with regard to all British vessels trading in the same articles between the United States and the said Turk's Island. i^k ARTICLE 4. It is agreed that the navigation of all lakes, rivers, and water <:oinmunications, the middle of which is, or may be, the boundary be- tween his Britannic Majesty's territories on the continent of North America, and the United States, shall, with the exception hereinaf- ter mentioned, at all times be free to his Majesty's vessels, and those of the citizens of the United States. The inhabitants of his Bri- tannic Majosty's territories in North America, and the citizens and subjects of the United States, may freely carry on trade and com- meicc, by land or inland navigation, as aforesaid, in goods and mer- chandise, the growth, produce, or manufacture of the British terri- tories in Europe or elsewhere, or of the United States, respectively, within the territories of the two parties respectively, on the said continent (the countries within the limits ul the Hudson's Bay Com- pany only excepted,) and no other or higher duties, or tolls, or rates of carriage or portage, than which are, or shall be, payable by na- tives respectively, sliall be taken or demanded on < ither side. All goods or merchandise, whose importation into the United States sitall not be wholly prohibited, may freely, for the purposes of commerce, abovementioned, be carried into the said United States, in the man- ner aforesaid, by his Britannic Majesty's siil)jects; and such goods or merchandise shall be subject to no other or iiigher duties than would be payable by citizens of the United States, on tlie importation of the same in American vessels into the Atlantic ports of the United States; and, in like manner, all goods and mercliandise, the growth, ])roduce, or manufacture, of the United States, whose importation into his Majesty's said territories in America sliall not be entirely pn^hibited, may iVoely, for the purposes of tiie commerce above men- tioned, be carried into the same by land; or by means of such lakes, [71 ] 58 United United e United the said * articles o Turk's e United , shall be f the said me duties s agreed, 11 prevail ih vessels d the said ind water ndary be- of North hereinaf- and those his Bri- izens and and com- and mer- tish terri- ipectively, the said 8ay Com- or rates hie by na- aitlc. All tates shall commerce, I the man- h goods or han would ortation of ho United »e growth, nportation le entirely tbove men- iuch lakes, livers, and water communications, as abovementioned, by the citi- zens of the Untied States; and such goods and mercliandise shall be subject to no other or higher duties than would be payable by his Majesty's subjects, on the importation of the same from Europe into the said territories. No duty shall be levied, by either party, on peltries or fiirs, which may be brought, in the manner aforesaid, by land or inland naviga- tion, from the said territories of one party into the said territories of another; but tolls, or rates of ferrja^e, may be demanded and taken, in manner above mentioned, on su6n peltries or furs. It is further agreed, that nothing in this article contained, as to the navigation of rivers, lakes, or water communications, shall ex- tend to give a right of navigation upon or within tlie same, in those ports where the middle is not the boundary , between his Britannic Majesty's territories and the United States of America. Extract of a letter from Mr. Adams to Lord Castlereagh, dated " £8 Craven-streett 2lst ApriltflS\7. " The undersigned. Envoy Extraordinary and Minister Plenipoten- tiary from the United States of America, has received the four pro- jected articles for a supplement to the Commercial Convention of Sd July, 1813, sent him by direction of Lord Castlereagh, and has trans- mitted them for the consideration of his government. By a letter of instruction from the Secretary of State of the Unit- ed States, of the 5th of February last, the undersigned is informed, that the negotiation between him and Mr. Bagot, in relation t** the fisheries on the North American Coast, had not been brought to the desired result; that it is yet to be hoped, however, that it may be sa- tisfactorily settled. That, with this view, it was the President's in- tention to renew the negotiation as soon as he could obtain the inform- ation necessary to ascertain what arrangement would be best cal- culated to reconcile the interests of both parties, which he hoped to do in the course of a few months. That, in the mean time, he relied that no measures would be taken by his Majesty's Government, to alter the existing state of things, and, particularly, that the order to the naval officer commanding on that station, not to interrupt or disturb the American fishermen during the approaching season, would be renewed. The undersigned has the honor of renewing to Lord Castlereagh the assurance of his high consideration." Extract of a letter from Lord Castlereagh to Mr. ddams, dated Foreign Office, MatjTth, 1817. "The undersigned, his Majesty's principal Secretary of State for Foreign Affairs, in reply to Mr. Adams's note of the ?lst ultimo, has il„ 54 [71 ] 'p.: ,.'r tlie Iionoi'to acquaint him, that, as soon as tlic proposition which Mr. Bagot was authorized, in July last, to make to the government of the United States, for arranging the manner in which American citi- zens might be permitted to carry on the fisheries within the British limits, had been by them declined, viz. in the month of February, the same was immediately notified by his Majesty's Minister in America, to the British Admiral commanding at Halifax, the effect of which notification was to revive the orders which Mr. Bagot had taken upon himself to suspend , in the expectation that the discussions, in which he was then employed with the American governmeoty would have led to a satisfactory issue. These discussions having failed of success, and the orders above alluded to being consequently now in full force, the British govern- ment cannot but feel some reluctance again to suspend them, without being in possession .of more precise grounds for expecting an adjust- ment. Persuaded, however, from the official communication received from Mr. Adams, that it is not only the sincere desire of the Presi- dent of the United States to come to an amicable arrangement, but, also, that he, being already in possession ot the views of Great Bri- tain, is now led to entertain a strong expectation that a settlement, which shall reconcile the interests of both parties, may, without any material delay, be effectuated, the Prince Regent, under these im- pressions, is willing to give to the American government this addi- tional proof of his earnest wish that the negotiation should proceed, under circumstances the most favorable to a speedy and amicable con- clusion, by acceding to the application of the government of the Unit- ed States, as brought forward by Mr. Adams. Instructions will, ac- cordingly, be expedited to the naval commanders on the American station, to suspend the execution of the said orders, during the ap- proaching season. Ample opportunity will thus be afforded for com- ing to an amicable arrangement, more particularly as it appears the American Secretary, in February last, had it in contemplation to offer, for the consideration of the British government, some specific pro- position on the subject, which Mr. Bagot did not then f'eel^ himself authorized to take, ad referendum, but which he has since been in- structed to receive, and transmit for the opinion of his court.'' The tai-ij ' i ^'' Mr. Rush, acting as Secretary of State, to Mr, Bagot, Department of State, May 30, 1817. Sir: I had the honor to receive, and have laid before the Presi- deiit, your note of the 27th of this month. In answer to it, 1 have the honor to state, that this government is not yet prepared to make known, in any definite and final shape, the nature and extent of the accommodation desired by its citizen^ en- ,'r ^■ lich Mr. iment of can citU British ebruary, lister in :he effect kgot had ;ussions, it, would rs above I govern- , without 1 adjust- received le Presi- ent, buty reat Bri- ttlement, bout any hese im- his addi- proceed, able con- he Unit- will, ac- imerican : the ap- for com- iears the to offer, iiic pro- himselt' been in- [71] 55 1817. e Presi- nment is ape, the zeng en- .; gaged in the fisheries, along the coast of his Britannic Majesty's dominions, according to the invitation held out, by order of the Prince Regent, in your note. At the same time* I am directed by the President to inform you, that he recognises, in the terms of this in- vitation, not less than in the general scope of your note, a spirit of friendly accommodation, which this government, not foregoing rights which it feels itself bound to look to, will, nevertheless, be desirous, in the fullest extent, to reciprocate. On the return of the President from a tour through part of the United States, which he is now upon the eve of commencing, it is expected that this department will be enabled to offer such proposi- tions as, taking for their basis the principles stated in your note, it is confidently hoped, may end in an adjustment of this important in- terest, upon terms reconcileable with the views of both nations, and serve to strengthen the harmony and good understanding which it is so desirable to cultivate and preserve between them. I have the honor ♦o be, &c. *^ RICHARD RUSIf . - The Rt. Hon. Charles Bagot. Mr. Bushf Jicting Secretary of State, to Mr, Bagot. Department of State, Mgmt 4, 1817. Sir: It becomes my duty to address you upon a subject of deep in- terest to all those citizens of this country, who are concerned in the fisheries. I By representations made to this department, it appears, that, at the commencement of the present fishing season, twenty sail of fish- ing vessels, of from twenty-five to forty-five tuns burden, belonging to ports of the United States, were fitted out, and sailed, for the pur- pose of fishing on the western bank. That, while on their way, a number of them were compelled by a storm to put into a harbor, at Ragged Island, near Shelburne light-house. That, while here, they were boarded by an officer of the customs, who demanded, and re- ceived light-money from them, notwithstanding the circumstances of compulsion and distress under which they had entered the port. That they afterwards proceeded to the bank, where, after remaining ma- ny weeks, they completed their fares of fish, and commenced their return to the United States. That, meeting with another severe storm, upon their return, they were again forced to seek shelter in a British port, a few leagues to the westward of Halifax. That in this port they were captured by an armed barge, despatched from the British sloop of war Dee, Captain Chambers, and the next morning ordered for Halifax, where they all arrived on the 9th of June. That the unfortunate crews have been exposed to peculiar inconveniences: 56 [71] ■%• and hardships, and that those \vbo desired to return to their homes were refused passports towards facilitating that end, from the proper officers to whom they made application. For further particulars connected with the above facts, I have the honor to enclose you an extract of a letter"^ to this department, from the Collector of Boston, dated June the 30th. It will be seen that it is not a case involving unsettled questions between the two coun- tries in relation to the fisheries, but which it is so confidently hoped are in a train of satisfactory and amicable arrangement. It is, on ihe other hand, distinctly said, that the boats, far from taking a fish in any waters claimed as British waters, took them all at the distance of many leagues from the coast, while the other alleged facts would seem to forbid the imputation of their having entered a British har- bor from any other than a lawful and necessary motive. Should the facts as represented prove to be well founded, the Pre^ sident feels persuaded that your government will not fail to take such measures, as well towards redressing the evil complained of, in the present instance, as towards preventing the recurrence of one of the like nature, as are due to justice, and the harmony and good under- derstanding which so happily subsist between the two nations. I pray you, sir, to accept, &c. RICHARD RUSH. Mr. Bagot to Mr, Rush, WxaurnGToy, Bth,Sugust, 1B17» Sir: I had yesterday the honor to receive your letter of the 4th instant, acquainting me with the representations which had been 1 made to the Department of State, in relation to the seizure, by his Majesty's ship Dee, of certain American fishing vessels^ found in the harbors of Port Negro and Ragged Island, upon the coast of !Nova Scotia; and transmitting to me the extractof a letter upon the subject, from the Collector of the Customs at Boston. Should the circumstances of this seizure, as they have been re- presented to the American government, prove to be correct* I can have no hesitation in giving you every assurance that his Majesty's government will, willingly, take measures for the prompt redress of the injuries to which it may have led, and for the prevention of their recurrence: but the representations which I have received upon tlic subject from the commander in cliief of his Majesty's squadron on 1 the Halifax station, differ so essentially in point of fact from those which have been made to the American government, that I have every reason to hope, that, upon a proper investigation of the transaction, it will not be found to involve any just cause of complaint. I have the honor to transmit to you, enclosed, the copy of a letter from the [Captain of his Majesty's ship Dee to the Commander of ' The letter referred to, is mislaid. [71] 57 heir homes I the proper I have the tment, from e seen that B two coun- ently hoped It is, on the ing a fish in the distance 1 facts would British har- ed, the Pre- 1 to take such ed of, in the Df one of the good under- itions. D RUSH. grust, 1817. :er of the 4th lich had been jeizure, by his [els, found in the coast of itter upon the have been re- ; lorrecti I can |his Majesty's npt redress of j pntion of their ived upon the' squadron onj ■:t from those! ft I have every le transaction^ lint. Uy of a letter foinmander of his Majesty^s squadron on the coast of Nova Scotia, reporting the grounds upon which he had deemed it to be his duty to detain these vessels, together with a copy of the orders under which he has acted. By these papers, you will perceive that the vessels in question were in the habit of occupying, and were, at the time of their seizure, actually occupying, for the purposes of their fishery, the settled har- bors of his Majesty's dominions, in violation of the orders at all times enforced against all foreign vessels detected in making similar encroachments, and of which it is not to be supposed tliat the mas- ters of these vessscis could have been ignorant. The proceedings which have been instituted upon the captured ves- sels, will, necessarily, lead to a complete investigation of all the cir- cumstances under which they were detained; and there can be no doubt that the merits of the whole case, whicli appear to rest alto- gether upon questions of fact, will be then fully ascertained. I have the honor to be, with the highest consideration, sir, your most obedient humble servant, CHARLES BAGOT. By Sir David Milne, K. C. B. and K. W. ./V. Hear Admiral of the BlnCf and commander in chief of his Jlajestifs ships and vessels emploijedt and to be employed, in JSorth America, and on the lakes of Canada, ^c. Sfc. Sfc. You are hereby required and directed to proceed, in his Majesty's ship under your command, to Halifax, and, having received on board a pilot at that port, you will repair and cruise between Sambro light- house and Cape Sable, using every mean in your power for the pro- tection of the revenue, as also the fisheries on the coast, against the encroachment of foreigners. On your meeting with any foreign vessel, fishing, or at anchor, in any of the harbors or creeks in his Majesty's North American pro- vinces, or within our maritime jurisdiction, you will seize and send such vessel, so trespassing, to Halifax, for adjudication, unless it should clearly appear that they have been obliged to put in there in consequence of distress; acquainting me with the cause of such seizure, and every other particular, to enable me to give all information to the lords commissioners of tiie admiralty. You are to come within sight of signals from Sambro light-house every fourteen days, if the wind and weather will permit, and wait eight hours at that distance. You will continue on this service for six weeks from your sailing from Halifax, at the expiration of which time you will return to that port for further orders. Given on board his Majesty's ship Lcander, Bermuda, the 12th day of May, 1817. J3AVID MIOE, Hear Mmiral, To Capt. Samuei, Ciiamrersi His Majesty's ship Dee. By command of the Rear Admiral. 8 .T. P, Lamky. 58 [71 ] \i . 'J !! Captain Samuel Chamherst of his Britannic Majesty*s ship Dee, to Reaf ^miral Sir David Milne* ^c. <§cc. dated His Majesty's ship Dee» Off ShelbumetBth June, ISIT. Sin: In compliance with your order of the 12th ultimo, I sailed from Halifax on the 30th ult. but did not meet or receive any intelli< gence of foreign fishing vpssels being within our jurisdiction, until the 3d instant; when, being off the Isle Maten, I was informed that the whole of the Banks to the westward, (off Cape Sable and Shel- burne,) were fished by American schooners; and that they continually resorted to the creeks on this coast in order to catch their bait, clean their fish, wood, water^ &c.; tliis, of course, highly detrimental to the interest of the industrious fishermen on this coast. 1 was also in- foi med, the intricate harbors of Cape Negro and the Ragged Islands were their resort most evenings, several going in; but more particu- larly on Saturdays, when they remain till Monday to procure bait for the ensuing week. At the former place they had not been well re- ceived; at the latter, I suspect, much encouragement had been given them by an individual. I intended having our boats into Ragged Island harbor before day-light on the 4th, but light winds prevented our getting that length. F, therefore, in the course of the day, put into Shelburne; and, in the evening, despatched the boats, under the charge of Lieutenant Hooper, into Ragged Island, with the order I enclusc, the weather preventing any boats returning until the 7th, when I received information that nine American fishing vessels had been found at Ragged Island Harbor, laying with their nets set. Lieutenant Hooper remained at this place, and despatched Lieutenant Lechenere, with a gig and cutter, to Cape Negro, with the enclosed order. He found two American fishing vessels in the harbor, and seven others came in the course of Saturday. The whole joined me this day, with two others that came into Ragged Islands. I have, therefore, in obedience to your directions, sent them into Halifax for adjudication; as any disti-ess they may plead, might, with more ease, be relieved at the regular harbor of Shelburne, which has been avoided for two intricate harbors in its immediate neighborhood. I beg further to state, that, without the use of otir harbors, it ap- pears impossible for any foreigners to carry on successful fishing on this coast, which fishing has much injured our fishermen; and, I have every reason to believe, that considerable smuggling of tobacco, shoes, &,c. is carried on by their boats. I beg leave to enclose a list of the detained vessels; and, also, to inform you, that, from some of the Americans attempting to tamper with some of our boats' crews, and the riotous conduct of others, I have been obliged to take pie- cautionary measures to prevent any of the vessels being runaway with. I have the honor to be, &.C. SAMUEL CHAMBERS, Captain. Rear Admiral Sir David Milne. K. C. B. Commander in Chief, iSrc ^c [71] 59 Mxlract of a letter from Mr. Mamst Secretary of State, to Mr. Rush, Envoy, ^'c, at London, dated Department of State, J^bvember 6, 1817. • , A full power to conclude a commercial treaty is furnished you, together with your Coramission and Credential Letters; and in your earliest communications with the British Secretary of State for Fo- reign Affairs* you will give him notice that you have such a power. Should he then, or at any subsequent time, while the United States are at peace, manifest, on the part of his government, a disposition to enter upon the negotiation, and be provided with similar powers, you will recur to the instructions given to the American Plenipo- tentiaries for the negotiation of the peace. In them, all the views of this Governnr.iiht, in relation to the proper regulation of maritime neutrality, are developed at large; and the President, still convin- ced that the principles there recommended, are the best adapted to promote the great and permanent welfare of all mankind, and the preservation of peace upon earth, is yet willing that the United States should be bound by them, when their occasional and temporary ope- ration may be to their disadvantage: provided they can secure the be- nefit of them, when they shall hereafter be under circumstances to operate in their favor. With regard to the strictly commercial part of the treaty, the prin- ciples for regulating the trade between the two countries during peace, you will recur to the same instructions to the Plenipotentiaries for the peace, to the Commercial Convention of 3d July, 1815, and to the instructions given to your predecessor, in reference to the negotiation of a commercial treaty; particularly, with regard to the intercourse between the United States and the British Colonies in the West In- dies, and upon this continent. Extract of a letter from Mr. Mams to Mr. Rush, dated Department of State, 2lst May, ISld. The other law to which I have called your attention, is an actcon- Ca ''ning navigation, passed on the 18th, and published in the National 111 -"lligencer of the 21st of April. It meets the British prohibitive Col( lial system, by direct and countervailing prohibition, to com- mence from and after the 30th of September next. The vote upon its passage, in the Senate, where it originated, was all but unani- mous; and in the House of Representatives, the opposition to it amount- ed only to 16 or 1 6 votes. Although no formal communicsition of this law to the British gov- ernment will be necessary, it may naturally be expected that it will be noticed in your occasional conversations with Lord Castlereagh. He will, doubtless, remember, and may be reminded of the repeated efforts made by this government to render it unnecessary, by an ami- cable arrangement, which should place on an equitable footing of re* 60 [ 71] ■y :■ 'i \l- ' || * ciprocity, the intercourse between the United States and the British Golunies; he will remember the repeated warnings given, that, to this result it must come, unless some relaxation of the British prohi- bitions should take place; and his own equally repeated admissions, that (lie exercise of the prohibitive right, on the part of the United States, would be altogether just, and would give no dissatisfaction >vhatever to Great Britain; you are, nevertheless, authorized to as- sure him, that the President a.ssentcd to this measure with g*'eat re- luctance; because, however just in itself it may be, its tendencies cannot but be of an irritating character to the interests which it will imniediafely aftect; and because his earnest desire is to remove causes of irritation, and to multiply those of a conciliatory nature between the two countries. Such has manifestly been, on both sides, the ef- fect of the equalizing and reciprocal piovisions of the convention of July, 1815; and such, he has no doubt, would be the effect of the ex- tension of its jii'inciples to the commercial intercourse between the United States and the British Colonies in the West Indies and on this continent; and you ai-e authorized again to repeat the offer of treating for a fair and equitable arrangement of this interest. A fur- ther inducement for making this offer may he stated, in the expe- diency of looking forward, without further delay, to the expiration of the con\ention of 1815, which has now little more than one year to remain in force. It is important that the commercial part of the community, both here and in Great Britain, sliould have timely no- tice of the state in which the relations between the countries are to stand after the termination of tliat convention; and, as there are other objects of moment to be adjusted, the President desires you to propose an immediaie general negotiation of a commercial treaty^ to embrace the continuance for a further term of — years of the con- vention; and, also, the otiier subjects in discussion between the twogoveinmentH: namely, the question concerning the slaves; that relating to the ffslieries; the boundary line from the Lake of the Woods; and the Columbia river settlement. The President prefers taking this course to that of submitting to commissioners, at least immediately, questions upon which lie thinks it probable the two g'Meinmcnts may tluis, by a shorter process, come to a mutual un- derstanding between themselves. If, upon making this p: oposal, the British government agree to this neii,otiation, the Piesidcnt proposes, that Mr. Gallatin and you should be authorized, joinlly, as lMenii)otentiaries, to conclude the treaty, which it is very dtsiiable may he concluded in season to ar- rive here by the coinnuMicenieiit of next Session «)f Congress, which is to he an the third Mot day in November. Instructions will be transniiUed ininiediately t(i Mr. Gallatin, to hold himself in readi- ness to repair to London, upon receiving notice from yon, should Plenipotentiaries be appoiiittd to trt'at with you; and, besides the in- structions vvliich formed the hasis of the existing convention, and others, already in your possession, furthei" documents will he for- warded to you as soon as j)()ssible, which may assist you in the ma- nagement of the negotiation. [71] 61 IritisU lat, to pruhi- isionsy United faction to as- jat re- lencies it will causes ctwecn the ef- ition of the cx- ccn the and on offer of A fiir- e expe- piiation me year I't of the icly no- rics are here are you to atyi to lie coH- een the cs; that of the prefers at least Jie two Itual un- ij^ree to iiid you lu the [i to |ir- wliioh will he readi- shoiild the in- )n, and Ibe for- thc ma- We entertain hopes, that this measure may result in a new treaty, which will remove most, if not all, of the causes of dissention be- tween us and Great Britain. The satisfaction with which we have observed the avowal of the most liberal commercial principles, by Lord Castlereagh, in Parliament, has already .) noticed in my last letter. The opening, if not of all, at least ut' a great portion of the ports of South America, to the commerce of the world, whichy under every possible course of events, must be now considered as irrevocable; and the bill which, we perceive, was before Parliament, for establishing free ports in the British American colonies, all tend to convince us that Great Britain must see that a relaxation from her colonial restrictions has become the unequivocal dictate of her own interest. Extracts of a letter from Mr. Mams, Secretary of State, to Mr. Qal- ^^ latin, dated Department of State, Washington, 22d May, 1818. The present state of the relations between the United States and Great Britain has suggested to the President the pxpediency of pro- posing to the British government the negotiation of a treaty of amity and commerce, to embrace the continuance, for eiglit years longer, of the Commercial Convention of Sd July, 1816, and to attempt the adjustment of other objects interesting to the two countries, and up- on which the governments have not yet been able to come to an agreement. It is desirable that this negotiation should take place in the course of the ensuing summer, and that its result shotild be transmitted here for the commencement of the next session of Con- gress, fixed for third Monday of November; for, as the convention, unless continued, will expire in July, 1819, and as it is due to the in- terests of the merchants, on both sides, affected by it, tiiat early no- tice should be given, whether its provisions arc to be continued, or to cease, it appears that no time is to be lost in bringing the question of its renewal or cessation to an immediate issue. As the motives for taking up the subject thus early are operative alike upon both par- ties; and as, in the event of the expiration of the convention of July, 1815, legislative measures, pnparatory to that contingency, will d(»ubtless be necessary, as well in Parliament as in Congress, it is ex- pected that this proposal will be acceded to by the British govern- ment, and that plenipotentiaries on their part will be appointed to treat witli you, and Mr. Rush, to whom, jointly, the President pro- puses to commit the trust of this negotiation. A copy of the instructions forwarded to Mr. Rush, relating to this subject, is herewith enclosed, and the President desires tliat vou would hold yourseir, accordingly, ready to rejiair to Lomloii imme- diately upon receiving the notice from Mr. Rush that the British go- 62 [ 71 ] '!; vernment Rj^ee to the proposal* and have appointed, or are ready to appiiintt pIcnipotentiarieM to confer and conclude with you. Your long expe)-ience, and great knowledge of the subjects to be treated on, are the motives of tlic President for associating you in this com* mission. A full power for the negotiation is herewith enclosed; and further instructions and documents relating to it will be transmitted to Mr. Rush as soon as they can be prepared. Your necessary and reasonable expenses upon this special mission, will be allowed in like manner with those of a similar mission upon which you were em- ployed last summer, in the Netherlands. The President is willing that the convention of Sd July, 1815« slinul'i be continued for eight, or even ten years, as it stands. Its operation has indeed been, in some respects, disadvantageous to the United States, and favorable to Great Britain, owing to the revival of flic interdiction of access to our vessels to the British West India ami North American colonies, while our intercourse with them has been exclusively confined to British vessels. Yet, that the injury to our navigation and shipping interest has not been ver> essential, we have many indications. The moral effect of the equalisation of duties, on both sides, in softening national asperities, has been unequivocal, and is an ob> jcLt of much importance, deserving to bo cherished and improved by both governments. I'he encouragement which the convention has given to our trade with the British possessions in the East Indies, is more questionable, as that trade operates upon us as a continual and embarrassing drain of specie. But, as it has been a trade of profita- ble returns, and as it would still, to a great extent, be carried on with the native states of India, if we should be excluded, or our intercourse should be burthened and restricted with the British territories, the President will be satisfied to leave it as it is, and subject to the in* creasing competition of the British private traders with India, which ^vill be likely to affect the interests of the British Company more than ours. The other interests which the President hopes may be adjusted by this negotiation, are, 1. The intercourse with the British colonies in the West Indies and North America. You are well acquainted with the failure of the attempt to extend the convention of 1815 to this intercourse, at the negotiation of the convention, and at a subsequent period, when four additional articles were proposed on the part of Great Britain, a copy of which you have. There was reason to believe that Lord Castlc- reagli was personally well disposed to a more liberal expansion of the colonial intercourse, although the cabinet was not entirely prepared for it. The manner in which he has recently avowed a liberal com* mercial principle in Parliament, and the approbation with which that avowal was received; the obvious, though not declared, bearing which those sentiments had, both upon the South American contest, and up- on the relations between the United States and the British colonies; the free port acts^ which we understand have been introduced into ( 1 [71] 68 ire ready to you. Your > be treated in this com* nclosed; and I transmitted !tcessary and lowed in like ou were em- July, 1815, stands. Its igeous to the the revival 1 West India ith them has the injury to essential* we loth sides, in md is an ob- im proved by nvention has ast Indies, is ;ontinual and de of profita- ri'ied on witb r intercourse ritories, the Bct to the in- India, which ny more than adjusted by West Indies failure of the turse, at the I, when four itain, a copy lOrd Castlc- ansion of the ly prepared liberal com- I which that aring which test, and up* ish colonies; oduced into ! i Parliament, hnd are ev«n said to have passed, strongly and concur- rently indici^te that a change is taking place in the policy of thecubi- net, on this subject; and we hope that now is precisely the favoiabU time for taking advantage of it. Our own navigation act may per- haps contribute to the same effect; and even should it operate other- wise, and confirm them lu their obstinate exclusion of our vessels from those ports, as it will make their exclusion from ours to the same ex- tent reciprocal, it leaves us the more free to agree to the renewal of the convention of July, 1815; if nothing more can be obtained. 2. Indemnity to the owners of the slaves carried away from the United States by British officers, after the ratification of the peace of Ghent, and contrary to a stipulation in the first article of that treaty. Copies of the correspondence between the two governments, on this subject, are in the possession of Mr. Rush. I'hey disagreed in their construction of the stipulation alluded to, and, each party ad- hering to its own view of it, a proposal was made, nearly two years since, on our part, to refer it to the arbitration of some friendly sovereign. This proposal, which Mr. Rush, upon his arrival in England, renewed, has now been accepted by the British government; but with a further proposal to refer it, and two other subjects, for arrangement, in the first instance, to commissions like those under the 4th, 5th, 6th, and 7th articles of the treaty of Ghent. 3. 4. These other subjects are, the boundary line from the north- west corner of the Lake of the Woods, westward; which you remem- ber was ail but agreed upon, and went off upon a collateral incident at Ghent; and our title to the settlement at the mouth of Columbia river. The expediency of referring any of these questions to two com- missioners, one belonging to each of the two countries, is very doubt- ful. With regard to the slaves, and to Columbia river, it can scarce- ly be expected that the commissior-;r of either party would ultimate- ly entertain an opinion different from that already pronounced by his own government; and, if concession ujion one point is to be made the condition of corresponding concession upon the other, it may, with more propriety, be clfocted by compromise between the two govern- ments, than by judiciary powers given by tliem to individuals, under allegiance to the two countries themselves. As to the line from tiic Lake of the Woods, as some dissatisfaction has already been excited here by the expense occasioned by the two commissions already employed in settling the boundary, another commission to draw a line through the deptli of the deserts, and to an indeliiiilc extenv, would be still more liable to censure; besides, the apprehension which it might raise, that the issue of the commission would be to bring the Bj'itish territory again in contact with the Mississijjpi. 5. The fisheries. The correspondence between the two governments, on this Jsul>r ject, leaves it still in tlie unsettled state in which it was leii at the peace. Two proposals have been made, on the p^rt of the British {government, neither of which proving acceptable, a 'oiintor proposal 64 [71 ] from us has been promised, and will be contained in the further detail- ed instructioHN which will be prepared and forwarded to Mr. Rnsh, to assist you in the conduct of the negotiation. JAMES MONROE, PRESIDENT OF THE UNITED STATES OF AMERICA: To all whom these Presents shall concern. Greeting: Know ye, That, for the purpose of perpetuating, between the United States and his Britannic Majesty, the harmony and good correspondence happily subsisting between them, and of removing all grounds of dissatis- faction, and reposing special trust and confidence in the integrity, pru- dence, and abilities, of Albert Gallatin, our Envoy Extraordinary and Mi- nister Plenipotentiary at the court of France, and of Richard Rush, our Envoy Extraordinary and Minister Plenipotentiary at the court of the Unit- ed Kingdom of Great Britain and Ireland, I have invested theni with full and all manner of power and authority, for and in the name of the United States to meet and confer with any person or persons authorized by his Royal Highness the Prince Regent, acting in tne name and behalf of his Majesty the King of the United Kingdom of Great Britain and Ireland, being furnisiked with like power and authority, and with him or them to agree, treat, consult, and negotiate, of and concerning the renewal of the Convention concluded at London, on the 3d of July, 1815, nd concern- ing the general commerce between the United States and Great Britain and its dominions or dependencies, and such other matters and subjects, intaresting to the two nations, as may be given to them in charge; and to conclude and sign a treaty or treaties, convention or conventions, touching the premises; transmitting the same to the President of the United States for his final ratification, by and with the advice and consent of the Senate of the United States. In testimony whereof, I have caused the seal of the United States to be hereunto afhxed. Given under my hand, at the City of Wash- [l. s.] ington, the twenty-second day of May, A. D. 1818, and of the Independence of the United States of America the forty-second. JAMES MONROE. By the President: John Quincy Adams, Secretary of State. Extract of a letter from Mr. Mams to Mr, liush, dated Department of State, 30//i May, 1818. It is not our desire to embarrass the proposed commercial negotiation with any of the questions of maritime regulations adapted to a state of warfare. We do not wish that blockade, contraband trade with enemies or their colonies, or even impressment, should be drawn into the discus- sion, unless such a wish should be manifested on the British side. Mr. Bagot has been informed that this negotiation will be proposed, and that, in the event of its being agreed to, another plenipotentiary will be. 1 r M Joil| on detl evel coul in lliaj rcaJ Loij 'oni or I'orcj ficat [71] 65 :hor detail- Mr. Rusby the United espomlence of dissatis- I'grity, pru- ur^ and Mi- I Rush, our oftheUnit- !m with full the United ized by his lehalf of his nd Ireland, or them to lewal of the lid concern- -eat Britain id subjects, rge; and to IS, touching lited States the Senate d States to of Wash- and of the ty-second. ►NROE. /,1818. legotiation state of enemies lie discus - )sed, and rv will be joined with you, to confer and conclude witli those who may be appointed on the part of Great Britain. He is not aware that there will be any ob- jection to it; but, if there should be any, and the British government should determine to keep the renewal of Ihc comnicrcial convention distinct from t'.very other subject to be arranged between the two countries, you will, of course, not give the notice to Mr. Gallatin, to repair to London, mentioned in my last despatch. If the British cabinet agree to negotiate, it is hoped (liat the special instructions, to be prepared and forwarded to you, will reach you as soon as Mr. Gallatin will find it convenient to meet you in London. If the British cabinet prefer, by a single article, to renew the convention of July, 1815, for a term of eight, ten, or even twelve years, or any shorter period, your full p<)wer, heretofore given, will be still in force, and will enable you to conclude such an article, subject to the rati- fication here, by and with the advice and consent of the Senate. Exlract of a letter from Mr. Rtish to Mr, Jldams. London, June 26, 1818. ^ In my interview with Lord Castlereagh, on the eleventh of this month, other subjects were treated than those I have already communi- cated, of which it is proper that I should now give aparticular account. In the foremost rank, stands impressment. A sufiicient interval having elapsed, I asked his Lordship if any answer was made up on the proposal I had submitted on the eighteenth of April . He replied that he had brought it before the cabinet, where it had been considered with all the care which it merited. He proceeded to touch upon some of the principles and argu- ments to which the subject always leads. He adverted first, as connected with naturalization, to the opposite opinion which the two governments held upon the doctrine of allegiance. I said that I was aware of no opin- ions entertained by the government of the United States upon that point, except such as were sanctioned by the ancient and predominant authorities of law, as well as the general usage of Europe. He next observed that we gave to our ships a character of sovereignty which Great Britain did not ; that we considered them part of our territory, clothing them with corres- ponding immunities. I said it was true, that we did consider our ships quite as inviolable as the soil, in the protection which they should afibrd to our seamen, whether native or naturalized ; but that never had we, as a neutral, claimed to shield them from entry, under any of the just bsllige- rant rights of search; that is, whether to look for persons in the land or naval service of a co-belligerant, articles contraband of war, or enemy's property. That these constituted the utmost limit to which the bellige- rant claim had ever been pushed. What we complained of, was, that Great Britain, passing them all, should enter a new held, and set up a ri^ht to enforce in our vessels, while navigating the high seas, her own municipal laws. His Lordship did not view it in this ligiit, but spoke of the claim as one being established, and incontestible on the part of Great Britain. He said it became his duty to add, that, on a full consideration of the pro- posal, it had not been found practicable to forego, under any conventional agreement, the execution of which was to depend upon the legislative or- 9 M [ 71 ] i..: .\-f dinanccs of anotlier louiiiiv, tliis rij^ht of looking for her subjects upon the ocean wherever she might be likely to find them. From the broad ground of this decision, it became evident that there could no longer be any possible advantage iu adhering to the course mark- ed down in my despatcli of the twentieth of April. This, it will be re- collected, was not to disclose, in the first instance, all my powers. I therefore risked nothing in asking his Lordship what difference it would make, if the United States would agree to exclude from service, on board both of their ships of war and merchant vessels, all native born British subjects. He replied, that this, indeed, would be going a step further; but that it would stdl leave the proposal within the pnnciple of tneir objection. That the objection, in short, wont to the full length of an unwillingness to con- cede, by treaty, the right of entering the vessels of a foreign power, to look for their subjects, whatever its terms. I now remarked that I heard this determination with regret; as I was ready to accede to a stipulation, on the part of my government, bottomed on the unqualified exclusion of all natives from both branches of our ser- vice, and I feared also, that this would exhaust all the offers which it had to submit. I begged that he would, in fact, consider such an offer as dis- tinctly made, and under full authority. He promised to do so. Every proposal which it fell within the compass of the United States to put forward, being gone through, I asked, in turn, if it had occurred to his liordship to hold out any overtures on the part of the British government. I reiterated, in forcible terms, the assurance that there prevailed, throughout the United States, one universal wish, with government and people, to see removed the sources of a dispute which concerned so seriously both na- tions. But I found that he was prepared with none which did not assume the right of previously entering our ships. For the judicious and safe ex- ercise of this right. Great Britain, he said, was willing to enter into the most effective regulations, such as restricting the boarding officers to those of a rank not below lieutenants, giving responsible receipts for the men taken out, or any other safeguards which the American government might propose, as better adapted to the end. That she would always be ready to receive, and in the most friendly manner discuss, proposals of this de- scription, under the hope of some practicable arrangement growing out of them. I did not hesitate to say, that the United States would never admit, by convention, a right to enter their vessels for such a purpose as impress- ment. It would be to surrender principles which they held too sacred, besides that its exercise, however attempted to be softened, must neces- sarily be liable, from circumstances intrinsic and insurmountable between the two nations, to perpetual and the most fatal abuse. His Lordship, while repeating the inability of Great Britain to abandon by compact her ancient right, again frankly admitted the evils of which it had been the parent, and which he hoped never to see revived. He added that it would be her anx- ious desire in future, hoping that the day of necessity for its actual exer- cise was far distant, to free it as much as possible from abuse, and that, in particular, it would be much the more sparingly brought into activity, if the American government, by adopting, of its own accord, such legislative ordinances as I had proposctl, would thus inspire a confidence, that, at all •events, but few of lier subjects would find their way into American ships. It will be supposed that I alluded to the unequal ground upon which [713 67 ts upon the til at there urse mark- will be re- powers. 1 ce it would ;, on board orn British but that it tion. That ies3 to con- ifer, to look ;t; as I was t, bottomed of our ser- i^hich it had otter as dis- I. id States to urred to his [overnment. , throughout lople, to see ly both na- not assume ind safe ex- ter into the ers to those for the men ment might ys be ready of this de- iwing out of if admit, by as impress - too sacred, [nust neces- >le between ship, while ler ancient parent, and be her anx- actualexer- and that, in activity, if I legislative that, at all rican ships, upon which i §iuch a course would place the United States. If they consented to pass laws of this nature, it might reasonably be elcpected that they must see their way to an ecjuivalent in some stipulation, on the part of Great Bri- tain, of ascertained and positive value, and that no other would be stamp- ed with that character but an agreement not to enter their ships. Although I explicitly made the proposal of a willinmess not to employ in our service even her native subjects, I did not think it right that it should rest upon the footing of a verbal offer. The less did I think this would be prudent, from observing an inclination in his lordship's mind, towards trie close of our conversation, to consider what had passed as wearing an informal, rather than any other character, inasmuch as it had been productive of no results. I removed this impression, by new and un- equivocal declarations that it was to be regarded differently. In con- formity with them, I put into his hands, on the 20th of this' month, the paper marked No. 2, which accompanies this despatch. In delivering it, J desired that he would consider it as altogether and strictly official. It was true, I said, the proposal which it embrac»"d had already been reject- ed; but I knew so well the anxiety of t^e President upon this great point, as to feel sure tliat I should be more truly the or^an of his will by putting it in a shape in which it might go among the archives of this government, and would add, in the further hope, that, possibly, other views might, in other times, be taken of it. On receiving tlie paper with this remark, his lordship said he would lay it before the cabinet on his return from Ireland, whither he was soon to go, and that, perhaps, it might be thought advis- able to put in writing the objections and counter opinions of Great Britain. In this abortive manner has the attempt ended. I have endeavored to recount, with all possible accuracy, what has transpired, and trust, that, in no material point, have I misunderstood the communications of this go- vernment. It places upon record another, and an earnest effbrt, to settle this great and formidable controversy. The failure is the more to be de- plored, as the attempt has been made during a season of profound peace, and when the two governments seem well disposed towards each other. The United States have again done all that they could towards allaying it. They declare that they want not British seamen in their vessels. They engage to exclude them by all the means that human laws can devise. In a spirit of extreme conciliation, they go farther in their offers than the ob- ligations of co-equal sovereignty, or the policy and habits of their internal system, might, in the judgment of all, be tl)oui!;ht to dictate. Whilst they concede so much, Britain will yichl notliin<;. She remains rigid and inex- orable. She will not meet half way. She will not turn a step from her course. To an alleged right, but which has often been demonstrated to be utterly without support, in any one princi|)le that the society of nations has ever recognised — unless the dicta of English common lawyers make up the great and universal code of public law — does she continue to cling, in the mere ambitious and wilful reliance upon an unchecked career in her naval supremacy. It is upon such foundations that she virtually threatens the indefinite continuance of a practice more afflicting to humanity, as far as the scale extends, than was ever the African slave trade, and in the highest degree insulting to the rights and dignity of an independent and powerful nation. The subject of impressment being, I fear, finally disposed of, as one of negotiation between the two governments, Lord Castlereagh next remind- ed me, tliat it was now but little more t^ian a iw^ho-month from.,the time 68 C 71 ] fl fixed for the expiration ot the commercial convention of 1815. He asked if I knew the views of my government, in regard to its renewal. I replieil that at present I did not, with precision. He requested that I would con- sider his question as intended to draw my attention specially to the sub- ject, and expressed some anxiety to have information at as early a day af; convenient. I anticipate the probability of the expression of some sentiments to me, from the Department, in the course of the present summer, in relation to this convention. How far our act, bearing upon their colonies, is to ope- rate on the question of renewal, or if objectionable in its existing provi- sions, in what respects modifications are to be insisted upon, are points on which I am not instructed. I am aware that it is already made my duty to obtain and transmit information upon which, perhaps, a final opinion on the merits of the convention was expected, in part, to rest. Of this duty, I have not been unmindful. But it is proper 1 should state, that my ef- forts, for reasons that will be explained in a future despatch, do not pro- mise as much success as I had hoped. Besides inquiries among individual merchants, wherever it has come within my power to make them, 1 ad- dressed, in March, a letter to each one of our Consuls within the European dominions of this country. Answens are, from time to time, dropping in; but neither from them, and still less from my personal inquiries, is it likely that I shall derive information, either so full or so accurate, on tlie effects ot the cessation of all discriminating duties, as to be of any decisive or even great account, in making up a judj^ment. In the next place, although 1 will take care that what I do obtain is transmitted in time for the session ot Congress, in November, the period which my instructions seem to contein - plate, it would be desirable, I am sure, to this government, to be furnislu'd sooner, if possible, with an intimation of the intentions of ours, in relation to this compact. If it is to be suffered to run out without renewal. Great Britain having positively declined forming a treaty with us which shall include her colo- nies, upon what footing are the commercial relationsof thetwo countries to stand? Will eacii be left to its own regulations, as sometimes heietofore, or is any substitute to be proposed.^ 'Fhese arc points on which I should feel happy to receive information, whenever it may be thought fit to im part it." ■I I Extract of a htter from Mr. Rush to the Secretary of State, stating a conversation between himself and Lord Castlereagh, dated LoNDox, July Q,5th, 1818. " I entered next upon the subject of the commercial relations between the two countries, lleinarking upon the change produced in them by the prohibitory act of tiie last session of Congress, now soon to commence its operation, I observed that I had it in charge to say, that the President had yeilded his assent to that act with reluctance; for that, however just, its tendencies might be of an irritating nature to the individual interests that it would affect on both sides, whilst it was his constant desire to give effica- cy to measures, mutually more beneficial and conciliatory. It was, there- fore, that I was once more authorized and instructed to i)fopose to this jrei [71] «« [e asked [ replietl uld con- the sub- a day as .3 to me, lation to 1 to ope- g provi- )oint3 on f duty to linion od Ills duty, it my et- not pro- idividual m, 1 ad- European >ppingin; sit likely effects ot ! or even Ithougli J session ol ► contiMu- luvnished \ relation having ler colo- mtries to etofore, should to im 'ating a 1818. jetween by the ;nce its lent had just, its bts that efFica- [, there- to this } government the negotiation of a general treaty of commerce. That tlie President had, besides, agreed that there should be comprehended in the negotiation other matters heretofore desired to be treated of, by this go- vernment, as well as points in which the government of the United States took a particular interest; being in the whole, 1. The question respect- ing the slaves carried off" from the Unit id States, in contravention, as al- leged, of the treaty of Ghent. 2. The question of title to the settlement at the mouth of Columbia river. 3. The question of the northwestern boundary line, from the Lake of the Woods; and, 4th, That of the fishe- ries. Upon these topics, the President, I added, preferred treating in a direct way, in the first instance, in the hope that the two governments might arrive at a just understanding, without resorting to Commissioners';, and that, if this government was prepared to go into all of them, uiclud- ing, especially, a general treaty of commerce, another Plenipotentiary had been contingently appointed on the part of the United States, to meet, with me, any two that might be designated on the part of Great Britain. His Lordship asked what he was to understand by a general treaty of commerce. I replied, a treaty that should lay open not a temporary, or precarious, but a permanent intercourse with their West India Islands and North American colonies, to the shipping of the United States, as often be- fore proposed, but which, after the recent refusals, it might seem almost unnecessary again to bring into view, were it not that other objects, of in- terest to both nations, were now associated with it in a way to clothe the proposition with a new aspect. He answered that the British government would certainly be willing to enter upon a negotiation on the commer-cial relations of the two countries, but that he had no authority to say that the colonial system could be es- sentially altered; broken down it could not be. I said, that if it was not to be departed from, or in no further degree than the four articles had im- ported, as those articles had already been rejected, it did not appear to me that any advantage would be likely to arise from going into the nego- tiation. He replietl that he was not prepared to answer, definitively, upon all, or any of the points, but would lay them before the Cabinet, and let me know the result. He professed, earnestly, in the course of the con- versation, the desire which this government had to see the commerce of the two countries stand upon the best footing of intercourse, the stake to each being so great, and promising, with the growth of the United States, to be so much greater. In the event of a negotiation, upon the grounds I had explained, not being opened, he asked if I could inform hun what the intentions of my government were relative to the commercial intercourse between the coun- tries; it being, for obvious reasons, desirable soon to know. Here I did not hesitate to announce that, in such an event, which I still hoped would not be the case, it was willing simply to renew the existing convention of 1815, thus keeping this instrument distinct from all other questions of a commercial nature, if the British government preferred it. 'i'his communication, I thought, he received with evident satisfaction, lie reniarkcd, that it would rescue the commercial relations frtim all dan- jrer of a chasm, and made known, in immediate reply, the readiness of his 'j;over!nnent to acquiesce in such a course. On the 22d I received a note from him, requesting to see me again at the Foreign Office on the 23d. I was there accordingly. Mr. Robinson, who is now a momhov of thf cahinet, as well as president of the board oi" 70 [71] i : I trade, was present. It was the first occasion upon which any third person had .been- associated with lord Castlereagh, at any of our official inter- views. His lordship commenced by saying that he had laid my proposals before the cabinet, and that it had been agreed to enter upon the general nego- tiation; tliat is, one which should embrace all the points I had stated. In relation to the great commercial question, he begged I would understand, that the British government did not pledge itselt beforehand to a depar- ture from its colonial system, in a degree beyond what it had already of- fered; but that it was sincerely desirous to make the attempt, and une- quivocally wished to bring the whole commercial relations of tne two coun- tries into view, willing to hope, though abstaining from promises, that some modification of that system, mutually beneficial, might be the result of frank and full discussions renewed at the present juncture. I replied, that I knew my government would hear this determtnation with great sa- tisfaction. That it would cordially join in the hope, that the new efiort might be productive of advantage to both countries, and strengthen the ties of good intercourse that should unite them. I now informed him that Mr. Gallatin, the present minister from the United States at Paris, would take part in the negotiation, and come over to London as soon as it would be convenient to r^ay that plenipotentiaries would be appointed on the part of Great Britain. He said, the sooner the better; and that Mr. Robinson and Mr. Goulburn would be named to treat witti us. His lordship said, that he himself would be obliged to set out for the continent, to attend the European Ccmgress, by the 20th or 25th of next month, but that the negotiation could go on in his absence. He inti- mated a wish, however, that it might open, if practicable, before he went away. I answered, that all the necessary powers and instructions, from our government, had not yet reached us, but that we were in daily expec- tation of them. He next asked whether, in order to guard against all possible delays that might be incident to the general negotiation, which was to embrace so many points, I was prepared to agree, at once, to a renewal of the conven- tion of 1815, for a term of years to be agreed on; declaring that the British government was ready, at any moment, to concur in such agreement. I answered, without reserve, that I was already in possession of a full power to this eftect, which, independently of other objects, might be car- ried into execution. I wrote, yesterday, to Mr. Gallatin, to apprise him of the necessity of coming over, the contingency which was to bring him having happened. From the answer I have received to my letter to him of the second of tiiis month, I think it probable that he will be here in three weeks, or sooner, so that, if our full powers arrive, the negotiation may be opened before Lord Castlereagh's departure. Should Mr. Gallatin concur, we will make the renewal of the convention for eight, ten, or twelve years, our first act. This, I hope, the President will approve. 'Hie reasons that operate with me, are, 1. It will not only provide against delays, but all uncertainties iu the result, of the possibility of which we are forewarned simultaneously with the desire expressed to enter the field of negotiation. It is not only important that there should be no chasm in the commercial relations be- tween the countries, but equally so, that our merchants should have timely notice that there will be none. 2. Every inquiry that 1 have made among merchants from the Ignited States, \\\i\\ whom I luive been able to confer, ird person cial inter- sals before leral nego- stated. In nderstand, ,0 a depar- ilready of- , and une- ; two coun- nises, that 5 the result I replied, th great sa- nevv efiort ngthen the ;r from the I come over potentiaries sooner the ned to treat 9 set out for or 25th of e. He inti- )re he went tions, from aily expec- delays that lembrace so Ithe conven- the British Iment. on of a full light be car- [lecessity of happened. ;ond of this or sooner, >efore Lord II make the jr first act. Iperatc with 'itainties in dtaneously is not only ilations be- [lave timely lade among to confer, E71 ] 71 Jn this city, has produced the most unequivocal opinions, that this conven- tion is working well for us, which entirely falls in with the communications I have receive'd from the Department. 3. Taking this for the fact, it seema naturally to follow, that it is our part to consent to the renewal the moment Britain says she will, lest the day should go by. On this head, I will just state, that Ihave heard, through a respectable source, that there are already some British ship owners, in Liverpool, who talk of petitioning their go- vernment against its renewal. Lastly, my power to renew, seems to me, from your despatch of the thirtieth of May, to be complete, nor will its exercise thwart, in any degree, our prosper of a more enlarg;id treaty under the general negotiation." Mxtrad of a letter from Mr. Mams to Metsrs. Oallatin and Rush^ dated Department of State, 2Sth July, 1818. ** In the expectation that the government of Great Britain have accepted the proposal which Mr. Rush was instructed to make, for negotiating a treaty of commerce, embracing the continuance of the convention of Sd July, 1815, for an additional term of years, and including other objects of interest to the two nations, I have now the honor of transmitting to you the President's instructions to ^ou for the conduct of the negotiation. With regard to the commercial convention ot 3d July, 1815, you have already been informed that the President is willing that it should be continued without alteration for a further term of eight or ten years. We had flattered ourselves, from the liberal sentiments ex- pressed by Lord Castlcreagh in Parliament, and from various other indications, that the British Cabinet would have been now prepared te extend the principles of the convention to our commercial inter- course with their colonics in the West Indies and North America; but, from the report of two conferences between Mr. Rush and Lord Castlereagh, since received, it apnears that our anticipations had been too sanguine, and that, with r^,^ard to our admission into their colonies, they still cling to the system of exclusive colonial monopo- ly- Our navigation act, passed at the last session of Congress, is well calculated to bring this system to a test by which it has not hi- therto been tried; and if the experiment must be made complete, so that the event shall prove to demonstration which of the two coun- tries can best stand this opposition of counter exclusions, the United States are prepared to abide by the result. Still, we should prefer to remove them at once, if for no otiier reason than that it would have a tendency to promote good humour between the two countries. We wish you to urge this argument upon the British Cabinet; to remind them of the principles avowed by Lord Castlcreagh in Parliament, to which I have before referred, and of their precise bearing upon this question. It may also be proper to suggest, that, while Great Britain is pressing upon Spain the abandonment of her commercial mono- 72 [71] 4 poly, throughout the Continent of South America, lier recommenda- tion must necessarily gain great additional weight hy setting the ex- ample with her own cohmies, wliile at the same time her own interest in her monopoly must be reduced to an object too trifling for national consideration, when the Spanish colonies shall be open to the com- merce of the world. Finally, it may be observed, that the free-port act, passed at the late session of Parliament, goes already so far to- wards the abandonment of their system, that it can scarcely be per- ceived why they should adhere to the remnant of it any longer. Other arguments may occur to your own reflections, and result from your thorough knowledge of the subject; you will urge them with earnest- ness, though giving it always to be understood that we shall acqui- esce in their ultimate determination. Whenever this subject has been presented to the British cabinet, since the peace, their only objection to the proposals and arguments of the United States, has been, that their system has been long esta- blished. Lord Castlereagh has invariably acknowledged his own doubts whether it was wise, or really advantageous to Great Britain; but placed the determination to preserve it upon the single ground of its having long existed. Whatever weight there is in this rea- soning, it would bear in favor of all those other exclusions which he congrntulated Parliament and the country at having been abolished, as much as in support of this. It is the argument of all existing abuse against reformation; of mere fact against reason and justice. The commercial intercourse between the United States and the West Indies is founded upon mutual wants and upon mutual convenience; upon their relative geographical position; upon the nature of their respective productions; upon the necessities of the climate; and upon the convulsions of nature. When the British ministry say — against all this our ancestors established a system, and therefore we must maintain it; we may reply, if your ancestors established a system in defiance of the laws of nature, it is your interest and your duty to abolish it. But who can overlook or be blind to the changes of cir- cumstances since the establisliment of the system — to the irresistible consequences of the establishment and growth of the United States as an independent power — to the expulsion of the French from St. Domingo — to the revolution in progress in the Soutii American pro- vinces? Eiery system ostablislicd upon a condition of things essen- tially transient and temporary, must be accommodated to the changes produced by time. Besides the Free-poi-t Act, a printed copy of which has now been received from Mr. Rush, and which, we find, is limited to ports spe- cially to be appointed by the Crown, in the Provinces of Nuva Scotia and New Brunswick, we have seen in the public journals a bill for permitting a certain trade between the British West indies and any colimy or possession in the West Indies, or on the continent of Jimericaf tinder the, dominion of any foreign European sovereign or state. This measure appears intended to counteract the effects of our late Naviga- IHon Act, and gives further manifestation of the adherence of the Bri- mmenda- g the ex- n interest national the com* free- port so far to- y be per- ?r. Other rom your I earnest- all acqui- I cabineii, rgu mentis long esta- Iiis own t Britain; e ground this rca- which he abolished, existing id justice, the West iveniencej of their and upon — against we must system in duty to :es of cir- csistiblc States from St. 'ican pro- 's essen- e changes now been »orts spe- va Scotia bill for and any America^ ate. This Naviga- the Bri- ed C 71 ] f 78 tish government to their colonial exclusions. It ts the President's desire tliut notiiing should be omitted whicii can have the tendency to convince them that a change would promote the best interests uf both countries, as well as the harmony between them. Should your efforts prove inetfectual, we can only wait the result of the counter-' acting measures to which we iiave resorted, or which may be found necessary hereafter. In carrying the convention of 3d July, 1815, into execution, the British government have sanctioned the practice, with regard to some of the foreign tonnage duties, Brst, to levy them, as if the conven- tion were not in f(u-ce; and then, upon petition of the persona inte-' rested, to have them returned. If this practice cannot be given up altogether, it will he necessary that some regulation should be adopt- ed, by which the extra duties siiall be returned, of course; and with- out putting the parties to the trouble, and expense, and delay, of ob- taining it by petition. At |)resent, unless the petition is pre- sented, the duties are not returned. It happens sometimes, that tnastcrs of vessels pay the duties, without knowing that they are en- titled to have them returned; in which case, they are lost to them, or their owners. It will be proper, therefore, to recpiire the adoption of some general regulation, in virtue of which, it shall be made the duty (»f the oilicers of the customs to rep»y the extra duties, in all cases in which they shall have been levied, without exposing the individual to lose his right by his own ignorance, or by the negli-< gence or infidelity of his consignee. 2. Slaves. The British government have accepted the pi'oposal of referrin,^ to the decision of some friendly Sovereign, or State, the question con- cerning the slaves carried away from the United States, by British officers, after the ratification of the peace. They propose, however, a previous reference of it to two commissioners, appointed like those under the 4th, 5th, 6th, and 7th articles of the treaty of Ghent, and to proceed with similar powers; and committing to the same commis- sioners the power of fixing, definitively, the boundary between the Unit- ed States and the possessions of Great Britain, westward, from the northwest corner of the Lake of the Woods; and of pronouncing up- on the right of the United States to the settlement on the shores of the Pacific Ocean, at the mouth of Columbia river. These objects are so entirely different from one another; the principles, the cha- racter of the evidence, and the reasoning, which must lead to the re^ suit, are so disconnected and incongruous, that, if submitted at all to commissioners, it is obviously proper to refer them to different commissions. The question concerning the slaves, is a question of construction upon the terms of the first article of the treaty; and the two governments having already discussed it, each, after discussion, adhering to its own opinion, there is little prospect that either of the commissioners will come to a conclusion different from that of his 10 74 [71 J own |»ovorniiiciit. The present ofler of tlic Dritisli (government, cou- ncctin;;; it with anotlii>r rjuestion of boiinilary. bears the appearance of a disposition to make it an aflTair of conipnnnise, and that piey are >^illirig to concede something to us on one of the points, upon condition of a concession from us upon the other. If this be tlieir ob- ject, these mutual concessions may be made with more convenience by direct and immediate agi'eement between the two ji^overnmentSp and by an article of the treaty, than by the means of comminsionersy whose functions are rather of the judicial than the ministerial cha- ractcr, and whose duties arc to decide, and not to compnMnise. 3. BonmUiry, from the Lake of the ff'oods, westward. fty the second article of the treaty «»f peace, of 1 783, the boundaries of the United States, after havinja; been tr.iced Irom the northwest anjs^le oi Nova Scotia to the most northwestern point of the Lake of the Woods, are pursued " from thence, on a due west course, to the *♦ river Jlississippi; thence, by a line to be atio„ of rbo'^ •'''*" ^° «" ar- .owevc,.,ofdi,s,,uti, /' ''!M7''ta'K-e to tbeiu 'n ''""^'^^''•ed tbis ;;7estabii3bu,e„^^ .' f.^f /^esi^^o, o,.,tlu. l' ' . t""'"*'' "^ ^^"- *"''^ south of ^^}rlv tlT ' ' "P"" ^''^ to,. 1 It'!; *" •^''"'•oach. by t be i,i.o.i.,.oss ofo,,. 1?; '''"""^>'*»' tbe Cruitem, / ' "P"" this conti- f.^aiust its /x e, sfo tf .f ^'^^^ ^'^^""•' in tbTt ; h T'^' '"^^ ^^^' as tl e *«'"«, upou JuTu ''•" ^""^'' ««a, Lr b, V ' V"^ ''''*'' ^ Caveat 'M>l'/y the indefinitn ^ i'l 76 C 71 ] limit of oxtonsion ^' a$ far as the terriforieH f.r/enf/," to tlic territo- ries of the United States, and not to those (»f (Ireat Britain, leavint; a nest eg.ej for future pretensions, on tlieir part, south of latitude 49. The counter projects for the line, on our part, tlierefore, at hoth those ne^ritiations, were, from the northwest corner of tlie Lake of the Woods, the point already Tixed and undisputed, a line due north or south, as the case may he, to the 49th parallel of latitude, and thence, aloii,!^ that parallel, due west, as far as the territories of both pnri'tes extend i)i tha' direction, and adopting; the caveat against extension to the Pacific, or heyond the Stoney Mountains. ^ 4. Stitlement at the Month of Volumbin Hirer. From the lato corrcspotulenre with the Spanish Minister Onis, it ap])ears that the claim of Sjiain, upon t!ie shores of tin; South Sea, extends to the 56th degree (tf north latitude: hut, there is a liussian settlement in 55, besides a temporary lodgment connected witli it as far south as 42. The pretensions of thi^ Britisli Government may, on this occasion, be disclosed. We know not precisely what they are; nor have they explained the grounds or tUv. motives upon wiiich they contest our right to the settlement i ailed Astoria, formed before the late war, and broken up by the British sloop of war Racoon iu the course of it. Tlie papers cnclctsed, marked from A to I, contain all the information material to the subject, possessed by this Depart- ment. It appears that, at the time when the American settlement was broken up during the w ai*, tlie j)roperty was purchased by cer- tain agents of the British Northwest Company: this, however, could in no manner divest the United States of their jurisdiction. As the British Government admit, explicitly, their obligation, under the first art'cle of tlje Treaty of Ghent, to restore the post, there can be no question with regard to the right of the United States to re- sume it. We do not perceive how or why this question should be re- ferred to tw^o commissioners of the respective nations; and, as Rus- sia herself has pretenr Ions on tliat Coast, it deserves the considera- tion of both parties, wliether the ultimate determination, in tlie al- most unavoidable case of a difference between the Commissioners, could, with propriety, be referred to her Sovereign. Mr. Rush has been instructed, in the event of a final difference between the Commissioners, under the existing commissions, to propose tite Em- peror of Russia as the Sovereign to whose decision the reference, ptipulatcd on that contingency in the treaty, should be made. It cannot be doubted, that he was the Sovereign contemplated by both parties, at the time when the treaty was concluded; and it might be difiicult to designate any ottier in wliom the confidence of both par- ties would be so strong and clear, as to secure their cordial acquies- c:ence in his decision. The expedient itself, of submitting questions of territor'al rights and boundaries, in discussion between two nations, to the decision uf ^tliii'd; was unusual, if not.entirely new; and, should the contingency C7t] 77 crrito- oaving mlc 49. Ii those of llie oitli or tluMicc, jtarties mum t<» Onis, it itli Sea, liussiaii ith it ivs cut may, hat thty on whirh cd hi't'ore laciXMi ill , roiitaiu s Depart- icttlemcnt (I by ccr- linwcver, risdUtion. loii, under tliere can [es to if- )uld be rc- !, as Riis- (onsidera- iii tlie al- nissioncrs, Mr. Rush twcen the e the Em- rclerencc, made. It ted by botli might be both pai- al acquies- jrlal rights decision ol :qntingency orrnr, will probably enronntcr dilTimlties of execution, not f(H'rHr« n ut the tiirio when tlie stipulation was inadr oC i-csortiug to it. The 8iil»j('Cts in controversy areofa oaturi- too intricate ami ('(nnplicatcd, retjuiriMg on the part ol* the arbitrator a patience of investiy;ation and research, hist«M'ical. political, legal, geographical, and astronO' mical, for whirh it is impossihle to conceive that the sovereign ot u great empire could personally bestow the time, 'I'hese ideas are suggested with a view to recommend the attempt I'ather to come to an agreement between the parties themselves, upon all objects which have not been liioroughly discussed between them, than to cast their dilKculties upon commissioners who can scarcely be expected to agree concerning them, and then upon a foreign s(;ve- leign, of whose personal integrity no doubt can he entertained, but, who cannot have leisure to sift the subjects in dispute to the bottom. On the whole, the President will be well satislied if these three objects: of indemnity for the slaves can ied away; (»f the western boundary from the Lake of tlie W«»odh; and of the settlement at the mouth of Columbia lliver, can be adjusted by tliis neg(»tiation, rather than referred to commissioners, which must he expensive, and so constituted as to make it at least probable that tliey will decide nothing, and then to a friendly sovereign, still at great expense, and other inconveniences to both parties. Witli regard to tlie slaves, the question which it was proposed should be submitted to the de- cision of an impartial arbitrator, was merely on the construction of one paragraph, in an article of the treaty of Ghent. 'I'his was so simple, and reipiiring so little research or investigation of any kind, that it might have been decided immediately by the sovereign him- self, upon an inspection of the article, and a short statemi-nt of the facts to which both parties would have agreed. But the delineation of an unsettled boundary, across the western deserts of this continent; the title to establishments on the Pacific Ocean, where the arbitrator himself is not without his pretensions; and where, save |iretensions, there is no object to any party worth contending for; io creates bur- densome commissions, and make solemn references to a foreign so\e- reign, for these, appears scarcely to be necessary, if altogether justi- fiable. As to the line from the Lake of the Woods, you are au- thorized to agree to that which was agreed upon by the Pleuipoten tiaries on both side.), in 1807; but not to any line which uotild bring the British in contact with the Mississippi; nor to any thing which would authorize the British to trade with Indians within the bounda- ries of the United States. Of the inconveniences of allowing such trade, even by licences, a recent instance has occurred, copies of the papers relating to which are transmitted to you. 5. Fisheries, The proceedings, deliberations, and communications, upon this subject, which took place at the negotiation of Ghent, w ill be fresh in the remembrance of Mr. Gallatin. Mr- Hush possesses copies of 'f! 78 r^i] : \ H the cftprosponilrncc with the British j^ovcnurnMit, rclatinju; to it, after the roiichisiiiii ol' the |m'u('cs -.ukI oI' that whi('h has passed here he- twiMii Mr. Baja;i>t ami this}5«»voniin('t»t. Cop'*'^ <»f Ntivnal lottors re- rcivcil hy iiicinhcrs of Couji^rcN^ diiriiiti^ the latu HesHioiit tVoin the ]»arts of tlio ('(luutry most deeply iittercMtcd in the lisherics, arc now tnitisinittcd. Tlif I'ri'sieh'iit aiitliuri/OH you to aujrep to hii artirlo, wherohy the Uiiifi'cl St.ites will (ii-sist iVoni the lilicrty of fishing and curing and dryiiiju^ fish within the Itritish Jiifisdiction i^cncralltf, upon condition that it shall h<> srcuird as a permanent ri,u;ht, not liable to be impaired hy any futiitv war. from Cape Hay to the Raniian IslamlN, and from Mount .loli, on the Lal)ra(hn' coastt throu.vh the Strait of Belle Isle, iiiderniitely. north, ahui.u; the coast; the rij^lit to extend as well to curtMi^iinit (tr\ iiii;- till- fish, as to lishint^. Bv Ihf (i.'( ice of the .hidtj;*' of the Vice Adn»iralty (^ourt at Hali- fax, on the ;21»th of Anj^ust last, in the case of seveial American tish- iii;; vessels wliich liati heeij captured and sent into that port, a copy of which is alsn now ti'ausniitted to you. it apjiears that all those cap- tuies have hei'ii il!ci:;'.il. An appi'al from this decree was entered hy the captors to the A])j)ellate Court in En,(^land, and the owners of the ca;)tured vessels were ohli^ed to ifivc bonds to stand the issue of the appeal. Mr. iiusli was instructed to employ suitable rounsel for th'>s" cases, if the nppi'als sh luld be entered, and, as we have been in- fo! nicil ;»;. hi)!), ills accordihii'ly done so. If you do not succeed in a,;;reein,^ upon an article on this suhject, it will be desirable that the N allace aj;reed with the Adv«)cate General, that the late war completely dissolved every right of tin; people of the United States aocpiired by the treaty of 1783. But it does not appear that this ipiestion had been ars^ued before him, and the contrary opinion is not to be surrendered on the part of the United States, upon the dic- tiiunA' a Vice Adnjiralty Court. Besides this, we claim the rights in ([uestion not as (iniaired by the treaty of 1783, but as having al- ways before enjoyed them, and as only recognised as belonging to us by that treaty, and therefiu'e never to be divested from us but by oup own consent. Judge Wallace, however, exjdicitly says, that he does not see how he can condemn these vessels, without on act of Farlia- mcnt. And whoever knows any thing of the English Constitution, must see that on this point he is unquestionably right. He says, in- deed, something about an order in council, but it is very clear that \v(uild not answer. It is a question of forfeiture for a violated terrU torial jurisdiction; which ((M'feiture can be incurred, not by the law of nations, but only by the l(n(V of the land — there is obviously no such law. The ai .';ument w ImcIj has been so long and so ably maintained by Mr. Reeves, that the rights ofantenati Americans, as British subjects, even ■within the kingdom of (ireat Britain, have never been divested from them, because there has been no act of Parliament to declare it, applies, its fullest force; to tiiis case; and, connected with the article in the L711 79 (roaty of 1783, by wliicli tliis partinilar rijjlit was rrroejniscd, coii- fli-iiKHl, and jilarrd out of tlic reai li of an act of I'atliauMMit, coni)- borates the argument in our favor. How far it may l)c proper and adviHalile to use these Nug,u;estionN in your ue(j;<»tiation, must he left to vonr Nound discretion; hut. they are throuiiout with the hope, tliat you will pursue the inventij^atiou of the important (picstions of Bri- tish law, involved in this interest; and that every possible advantage may be taken of then- preparatory foi- the trial before the Lords of Appeal, if the rase should ultimately come to their decision. 'I'ho Uiitisb i^overnment may he well assure>iy, upon my late proposals, which, it was true, had, as they now slooil. been rejected. But fcMding anew the importance of this subject to the fu-**) ture harmony of the two countries, and willing, if possible, not tU| let it be shutout from the general negotiation upon the e\e of open- ing, it had occurred to him to offer some suggestions in relation to it. barely to see how tliey struck my mind, and know if there would bej a motive to pursue tiiem. He went on to say, tiiat his own impres- sion was, jn'utesting that, as yet, he was not authorized to say it wAjI that of his goveinnient, that the proposals might be rendered acce|i- table by some modifications very impcu'tant to Great B. 'tain, and miil at all so, as he supposed, to the |)rimary object in view by tla'| United States. The modifications were these: 1. That any treaty or convention, built up upon the proposals as 11 had submitted them, should be limited in duration; say to eiglit, toiJ or twelve years, with liberty to each party to be absolved from iHJ stipulations, on a notice of three or six months; as in the late ari'au,i,'ef ment respecting the reciprocal dismaiiTlemeut of naval armamciit^v upon the lakes. 2. I'hat the British hoarding oflicer, entering American ships al sea. for a purpose justified under the laws of natiiMis, should have tlil liberty of calling tor the list of the crew; and, if he saw a seaniaij known to him, or on good grounds suspected to be an Englishinaiij that he should have the furtlier privilege of making a record, or pii^ late, dated vA CasUc- ilay at tour lace, whicU ine, that ing at Aix- oiild make il(\ insure to otiatioii, so il. I iufoinv- thc exi»ecta- o. He sub- ap^i-ared to also to ap- i' to-iuonow, t of the con- ubject of im- . confi'i'i'ures. was r.)Hli*len- Uvigues in the ^ly, upon my ^,'t()()(l. been iHt to the iu-^ sible, not to c\e of opcr- relalion t<» it. ere would be rican sbii)S a] bould have tlij saw a seanvaij Enslisbinanf record, or ])i* [71] 81 ces verbal, of the fact, in such way as to have the case distinctly brought under the notice of our government^ though by no means withdrawing the man from the ship. The latter regulation, his lordship observed, would operate as a further incentive to the faithful execution of our home prohibitions for excluding British subjects from our vessels; and the former, guard against any irrevocable relinquishments by Great Britain, which the opinions, or even prejudices of the country might not, upon trials be found to bear. I naturally infer that this government, reviewing its late decision, and seeing, at last, the unexceptionable and perfect fairness of the of- fers of the United States, has made up its mind to abandon, in effect, the great principle, or, at le?,st, practice, to which, with an injustice so tenacious, it has long clung: that of forcing the man from under the sacred cover of our flag; and that ground has been broken in the above interview, to the consummation of a change so auspicious in the councils of this nation. I'he first modification seems to me unob- jectionable. The second is open to considerations which I do not at all like; yet it comes as a first suggestion, and we may therefore hope to g^t rid of it altogether. As Mr. Gallatin will be here so soon, I forebore to offer to his lordship any opinion, not feeling myseFf now at liberty to speak upon the subject singly; but joining, nevertheless, in the renewed anxiety to see it brought within the pale of our ap- proaching discussions, and stating that 1 thought fair ground was laid for its admission. I take leave of the subject, therefore, until my endeavors, jointly with those of Mr. Gallatin, shall be resumed upon it, having been first led to this communication for the Presi- dent's early information on a question of so muc'j interest. My despatch of the 26t!i of June will sliow that some intimation was thrown out, at that time, of an intention on the part of this govern- ment, to give, in writing, its objections to our ]»ropusitions; instead of which more just views of them would happily seem to have risen up >» Extract of a letter from Mr. Rush to the Secretary of State, dated London, Jugiist 2Sth, 1818. "Mr. Gallatin got here on the IGth of this montlf. On the follow- ing day, I addressed a note to L«)rd Castlcreagli, announcing his ar- rival. His Lordship was at his country seat, thirteen mules from London, but invited us to an inforn il conference there oirthe 22d. We went accordingly, and remained all night. Nothing could have been more cordial than the reception given to us. Mr. Robinson and Mr. Goulburn were present. The several siibjccts of the negotia- tion were talked over in general terms, and in a s[»irit which, we think, promises well for tlie friendly manner in whicli, at all events, it will be conducted. 11 arr m ,1 ■ % ill''' ■rf Wj ;-f' if |i>P i , 1 1 ii i<' U ■■t § 1 :l r ::;ii 1- m 82 [ 71 ] The full powers of Mr. Robinson and Mr. Goiilburn having, in the mean time, been made out, our first otticial meeting took place yesterday, at the O Hi ce of the Board of Trade. Nothing of im|)or- tauce passed, beyond a recapitulation of the points which the two governments desire to bring into discussion, and some attempts to settle the order in which the negotiation should proceed. The points consist of all such as have been given in charge to us, and which have been heretofore mentioned in my des|»atches, including impressment^ and other maritime questions incident to a state of war I content myself at present, with stating, thus geneially, for the President's information, that the negotiation has opened. What re- lates to its progiess, will, I presume, no longer be expected from mc singly, but in joint communications with Mr. Gallatin. I ought not to omit to mention, that the point of impressment was brought forward by Lord Castlereagh, at the first interview, held at his house on the 22d. The next meeting takes )»!a< <■ to-morrow. There are some of the points which must stand still until we arc in possession of our further instructions." Extract of a letter from Mr. Rush to the Secretari/ of Slate, dated London, October 12f the negotiation, was, together with the convention itself, and all the accompanying documents, forwarded from hence to Liverpool on the 24th. After consulting with Mr. Gallatin, I did not feel at liberty to employ a special messenger to be the bearer of the convention, trust- ing to the ordinary opportunities by our merchant vessels, which are so constant, and in general so sale. I accompanied the packet with a special letter to Mr. Maury, apprizing him of the importance of committing it to hands that were trust-worthy, and with directions that it should be delivered to the j»ost master at NewYork, or wherever else the ship may ari'ive, without any delay. It will thus, I hope, reach Washington with all expedition and safety. On the side of the British plenipotentiaries, a special Secretary was em- ployed for the business of this negotiation. On ours, Mr. Smith ha!^ acted; a circumstance which is alluded to, only that I may add, how unremitting has been his attention, and how useful his services. Mr. Gallatin set out on his return to Paris, on the morning of the 22d. IJiiplicates of the convention, the despatch, and all the other papers, will be transmitted at the earliest moment that they can be copied. Alter what is said in your despatch of the 28th .if July, to the joint mission, respecting Judge Wallace's decree, on the 29th of Au- gust, 1817, at Halifax, in the cases of the captured fishing vessels, it is proper I should state, that I have been informed, by Mr. Slade, in a note (»f the 14th ofrbiH nionth, that no appeal has been entered, by tlie captors, from the Heutoi*^«»s of lestitution; and that, tho time having now goae by, allowed bv the practice of the Alated by the President, at the time when yoiif former instructions were prepared — impressment, and thj slave trade. Impressment. In the notes No. 1 and 2, delivered bv Mr. Rush to Lord Castle- reagh, the first on the IHth of April, and the second oji the 2()tli of June, both the offeis had been made to the British government, war- ranted by !»is fitrmer instructions, of le,a;islative measures for exclud- ing British seamen from the naval and mercliant service of the Unit- ed States, on condition of a formal stipulation on the part of Great Britain, that the im|nessinent of nien iVom the vessels of the United States shall henceforth cease. Both these proposals, at tire time wlicn they were oflered, or short- ly afterwards, had been rejected, with an intimation from Lord Cas- tlerea^yli in Mr. Riiwh, in tlie latter instance, tliat the objections of the Bi'irisli cabinet itgainstthem would be presented in writirrg. Aiieiwaids, however, on tiie 14th of Arrgu.-t. lie expressed hiswil- liiii;iie.is that the subject should be taken up in the proposed negotia- tion of a <:oiniHcrcial tr-oaty, and avowed, as aii opinion of his owrr, upon which he had indeed not consulted with his colleagues in the cairinet, that thesi" pi-oposals n)iij,lii, witli certain rnodilications, v lich he tljougut very important to Great Britain, and of little moment to tui SCi [71 ] as > the essential object of the United States, be rendered acceptable. These were: I. That the treaty containing the stipulation should be limited to a duration of ten or twelve years, with liberty to each par- ty to be absolved from its stipulations, on a notice of three or six moutlis. 2. That the British boarding officer, entering American ships at sea, for a purpose justified under the laws of nations, should have the liberty of calling for a list of the crew, and, if he saw a man whom he knew, or suspected of being an Englishman, he should, with- out taking the man, have the privilege of making a record, or proces verbal of the fact, to be presented to the consideration of the Ameri- can government. These suggestions have received the fullest and most deliberate consideration of the President, ^^ith the earnest disposition, on his part, to view them in the most favorable light. He welcomes them, especially, as the first indicatioi:soi' a consciousness in the British cabinet that the permanency of pea.'e between the two countries is utterly incompatible with the resumi)tion of the practice of impres- sing men from our vessels on the high seas: A conviction so pro- foundly impressed upon his own mind, that he scarcely thinks any dis- couragement could justify a remission of our efforts to remove this inevitable cause of future collisions, so long as the practice hitherto persevered in shall continue to exist. It is readily agreed that the troaty to contain the stipulation sliall be limited in duration, to eight, ten, or twelve yearsj but that either party should have the liberty of putting an end to the whole treaty, by a notice of three or six months, would seem to place the whole commercial relations between the two countries, upon too precarious a foundation. Some of the stipulations proposed in your negotiatii n are, in ttieir nature, intended to be permanent, even iti tlie event uf a war; others wotild require legislative rf julations to protect interests, whici) would be deeply aflccted by the ;,uddon termination of the trea- ty. I'he President, nevertheless, authorizes you to agree, tiiat, be- sides the general limitation of the temporary articles of the treaty to eight, ten, or twelve years, either party sliall be at liberty to dis- solve them after a notice of two years given to, and jeceived by, the other; or, if preferable to the British governnu'nt, the article rela- tive to impressment may be made a separate article, distinct from the rest of the treaty, and limited to a term of four years. This course would, indeed, he most convejiient, as it would give us the op- portunity of taking the sense of the Senate ujnm it, witiiout iniplirat- ing it with the other parts of the treaty. Our ititenticm and expecta- tion is, that, the prarlice of taking men fVion our ships being once for- mally renounced by lircat Britain, she will, in point of fact, never recur to it again. if the intention of Lord Castlereagh was, tliat this right of dis- solving the compact, by a notice (»f tliire or six months, should ap- ply only to rhe article against impressment, its acceptance is objec- tionable on other grounds. Tlie engagement to exclude all British seamen from our sea service, will operate, immediately from its com- w fm Hi f' ': ': f ' I '■■ i' ■ 86 [71] mcnccmcnt, with some inconvenience to our merchants. Since the peace, and the disjiersion of the vast ninnher of seamen dishatided from the British navy, there are, no doubt, considerable numbers of them who have found employment on board of our vessels; and their exclusion from them will not he accomplished without some incon- venience. The eflfect of the stipulation of Great Britain, to take no men from our vessels, is remote, and contingent upon the event of her being engaged in a maritime war with other powers. The one- rous part of the engagement, is, therefore, to us, immediate and cer- tain; the benefit to be derived from it. distant and eventual. If to this apparent inequality shorld, be added, a power reserved by Great Britain, to cancel the bart^ai by a simple notice of three or six montlis, we could scarcely -fmsider it as a contract. It would be a positive cinicession and ski a re, on our part, for the mere chance of a future equival. >i 'on it^ aHogether dependant upon the will of the other party. '^ itorrsiitiv s now propf)sed, it is hoped, will an- swer the purpos ticH;!* fl, hy the expedient suggested by Lord Cas- tlereagh, witliout l; iji.ii. «'nu>nt of the engagement to exclucU- Bri- tish seamen should be jiostponed lor some time, say to the 1st of October, 1 B20, that a sufficient notice may be given to the merchants and mariners whose interests will be aftected by it. The second {»roposal, that British officers, entering our merchant vessels, for j)Ufposes warranted b.v the law of nations, shall he au- thorized to chII for the list of the crew, and if they should find, or susjicct, an Englishman to be on board, make a record of the fact, for the purpose ot remonstrance to the goverrmient of the United States, is, in the view of the President, still more objectionable. In the first place, the distrust which it implies, that the laws for exclud- ing British seamen will, tlujugii stipulated, not be faithfully ex- ecuted, is not warranted by any exoiiience; nor can this govern- ment give couiitenanrc to it, by assci/iiug to any stipulation which would be cousiileied as resulting foni it. If the United States bind then)selves to this cxclusioM, they ill sincerely and .aithfi;!!} carry it into execution. It was not expressly asked by Lo-(* Castlcreagh in liis proposal, as re()oite(l by Mr. Rush, that the o|i;cor, in calling for the shij)ping paper-, should ;iisu have the power oi" mustering the crew, to examine theuj hy c»r.*,»iiei'U)n with the list; Imt as the mere view of the list would lie nsel«'ss. nnlfss coupled with that power, we consider it as liaviMg heen intentkil to he included in the proposal; and this \ery insiK-iatonof the crrasofonr vess<'ls, hy a foreign offi- cer, has !>e*ii Itnud among {lie most insulting and grievous aggrava- tions oitiie pra between the British officer and Iho oonnnander of the A- oirrican vessel. If the ollicer shouhl hv aulhcu-ized to make a record •t ids »!ispiL:loii s, tit" m ister. on his side, and the suspected seamen, •nust, ei courvfj, ha\e llic [)iivi!ego of making theiv counter recoi'd; m ^ nd, or le (art. United e. In cxrlud- lly ex- rovern- whicli :es bind carry ciTai^li. calliiig ini^ tlic ic more AC I', we oposal; jy;!i otli- [grava- fniy of roduce the A- roooid ^amen, lecoi'd; i) i I 71 ] 67 and as there would be no tribunal to judge between them, the pro- bablr uitiinatr lesult could be no other than that of exciting irritation brtween the iwo nations, and fractious discussions between the gov- er inents. If the engagement to exclude British seamen from our service should fail of being executed to an extent worthy of the slightest at- tention of the British government, they could not avoid having no- tice of it, by proofs more effectual and more abundant than could bo furnished by this sort of scrutiny; a failure of execution on our part to any such extent, would give them not only the rigiit of remonstiat- ing to ours, but even of cancelling their obligation within a lapse of time, which must guard them against the danger of any material national injury. We have the fullest confidenre that, if the engage- ment on both sides he once contracted. Great Britain will thencelor- ward hav«^ no lawful or even plausible motive, either for wishing it cancelled, or for inspecting the crews of our vessels in search of men. Slave Trade. The President desires that you would make known to the Britlsli government his sensibility to the friendly spirit of confidence with which the treaties lately contracted by Great Britain with Spain, Portugal, and the Netherlands, and the legislative measures of Paiiiament f«)unded upon them, have been communicated to tills go- vernment, and the invitation to the United States to Join in the same, or similar arrangments, has been given. He wishes you also to give the strongest assurances tliat the soli itudc of the United States for the accomplishment of the common object — tlic total and final ab♦* these courts shall hold tlieirottices during good behaviour; and that they shall be removable by impeachment and conviction of crimes or misdemeanors. There may be some doubt whether the power of the go\ernnientof the United States is competent to institute a court, for carrying: into execution their penal statutes beyond the territories of the United States, a cniut consisting partly t)f foreign judges, not ainirtaljle to iinprachmcnt tor corru|)tion, and deciding upon the sta* tutes of the United Starts without appeal. 'I'liat the disposal of the negroes found on board the slave trading vessels which might be condemned by the sentence of these mixed courts, cannot be carried into effect by the United States; for, if the slaves of a vessel condemned by the mixed court should be delivered over to tlie government of the United States as freemen, they could not, hut by their own consent, be em[)loyed as servants, or free la- borers. The condition of the blacks being, in this union, regulated by the municipal laws of the separate states, the government of the United estates can neither guaranty tlieir liberty in the states where they could only be receivctl as slaves, nor control them in the states wliere they would be recognised as free. That the admission of a right in the officers of foreign ships of war to enter and search the vessels of the United States in time of peace, under any circumstances whatever, would meet with universal re- pugnance in the public opinion of this countiy. That theie would be no prospect of a ratification by advice and consent of the Se\uite, to any stipulation of that nature. Tliai the search by foreign officers, even in time of war, is so obnoxious to the feelings and recollections of this country, that notiiing could reconcile them to the extensi(m of it, however qualified, or restricted to a time of peace. And that it ^vould be viewed in a still more aggravated light, if, as in the treaty \vith the Netherlands, connected with a formal aiiinission that even vessels under convoy of sliips of war of their own nation should be liable to search by the ships of war of anotlier. You will, therefore, express the ngi-et of tlic President, that the stipulations in the treaties Cirinuiniicuteil by Lord Castlerea^h are of a character to which the peculiar siiiialion ;iiid institutions of the United States do not permit tliem to accede. I'hc constitutional ob jection may be the more readily unilcrstood by the British Cabinet, if they are renundod tiiat it wius an obstacle proceeding from the cctive- u-arter 1 ships jul«l be lis part le coast cs, it is ted in a ,y, from id^es "** mil that rimes or r of the oint, for torics of ges, not tlie sta- 2 trading =16 mixed ■or, if the delivered licy could !• free la- I'cgulated ent ofthc PS whore the states ips of war of peace, Iveisal re- wouhl he >e\u\te, to III officers, lollections icnsion of l,ul that it he treaty Ithat even should he that the Ircagli are )us of the iional oh Cahinct, from the [71] 89 same principle which prevented Great Britain from becoming, for- mally, a party to the Holy Alliance: neither can they be at a loss to perceive the embarrassment under which we should be placed, by re- ceiving cargoes of African negroes, and be bound at once to guaran- ty their liberty, and to employ them as servants. Whether they will be as ready to enter into our feelings, with regard to the search, by foreign navy lieutenants, of vessels under convoy of our own naval commanders, is, perhaps, of no material importance, l^he other reasons are presumed to be amply sutllcient to convince them that the motives for declining this overture are compatible with an ear- nest wish that the measures, concerted by these treaties, may prove successful in extirpating that root of numberless evils, the traHic in human blood; and with the determination to co-operate, to the ut- most extent of our pawers, in this great vindication of the sacred rights of humanity. JOHN QUINCY ADAMS. Extruct of a letter from Mr. Rush to the Secretary of StatCf dated London, December Sth, 1818. " The despatch of the second of November, addressed to Mr. Gallatin and myself, arrived here on the 6th instant. Of the subjects to which it relates, viz. impressment and the slavo trade, the Department will have been long since informed, by our Joint communications, that only the former had a place in the late negotiation. As we came to no agreement on it, I am happy to think that none of the expectations of the President will iiave been departed from. It will also have been seen, that, liatl this despatch reached us before the negotiation closed, although it would have af- fected our conduct on one of the points, the result would have been the same. 1 design to transmit a co])y of it to Paris, for Mr. Gal- latin's information." Extract of a letter from Mr. Mams to Mr. Rush, dated Department of State, ff'ashington, 1st December, 1818. Vour despatches, to No. 36, inclusive, have been received at this office. Of tlie various subjects to wliich they relate, and wliich ap* pear to require particular notice, I propose now to take a review, according to the successive order of their dates. The first is No. 22, dated J 9th June, and enclosing your corres- pondence with Lord Castlerea,2:Ii, relative to a jmssagein a printed report of a Committee of the House of Representatives of the Unit- ed States, to that body, meiitioiiitii!: t!ir. rcji-clioii, by tlie President, ul' % lA I Vi'\ W Li» f 8U [71] IN the four articles which had hcen proposed hy the British government »H additions to the Commercial Convention of 3d July, 1815, and approving that rejection, upon an idea, entertained by the Comnirt- tco, that the fourth of those articles would have interfered with the settled policy of the United States in relatiou to the Indians within their limits. This remark of the Committee, appears to have affect- ed the sensibility of the Hritish cabinet, upon two grounds: first, as they considered that the rejection <»f those articles had not been pre- viously communicated to them; and, secondly, because they thought the article in question did not bear the construction, and they expli- citly disclaimed the intention that it should bear such a construction^ «s the committee of Congress had thought ap|)licablc to it. With regard to the first point, the explanation which ensued be- tween you and Lord Castlereagh, a])|)ears to .have placed it in the proper point of view. The articles had been presented to your pre- decessor as embracing the utmost extent which the British govern- ment would consent to give to our commercial intercourse with their colonial possessions in this hemisphere. Bel'orcyour departure from this country , the President had made up his mind not to accept them, and your instructions had autiioiized }(mi to make this determination ki;o\\n to the British government in tlie manner which it was sup- posed would be most friendly and conciliatory, llie articles had been delivered without any accompanying document, note, or com- mentary, and as it was not btJicved iicre th<>t tliey could, under any modification, be made tiie basis of an arrangement between the two governments, upon the subject to which they relate, and as it was given us explicitly to understand that Great Britain could concede :../! ■ ., ;•» of relaxations to her colonial and navigation system, ji . ; >'.'. t useless to enter into discussion, of which there was no . osp . liri. ii would terminate in agreement, and which might tend i I. . A. , and tliat the most inoH'ensive manner of communicating the Aon ■a( ceptance of the articles, would be, verbally, in a personal interview between yourself and Lord Castlereagh. On reference to your report of youi- fust conference with him, on the tliird of Janu- ary, it appeals tiiat the part of your instrut tions to which I allude, was then executed; and that, without using the unaccommodating term of rejection, you communicated to him the disposition of the President, with regard to the four articles, in a manner altogether congenial to the s|)irit of that formula of the British constitution, by which the dissent of the crown issignilied to an act which has passed both H»)uses of Parliament. Le Roy s'avisera. There was, indcnl, so little of ambiguity in the intimations given by you at that iime, that when, before the receijjt of your despatch. Mo. 22, Mr. Bagot came to me with a copy of Lord Castlereagh's note to you of 29th May, which had been sent to him, I rerun ed iniinediately to the file of your despatches, and read to him that part of your report of what pass(d between you and Lord Castlereagh, at your conference on the third of JatMiary, observing to him, that I had liUle imagined, after that disclosure of the i'resident's sentiments concerning ihe four ar- ticles, thar tlse British government wmiid have expected any further reference to them on the part of tiic United States. [71 -J 9i rninent 15, and omniit- vith the witliin ; affect- first, as jen p re- thought y expli- ruction, lued be- ; in the our pre- govern- i'th their ui'C from ?l)t them, niination was sup- icles had , or com- inder any » the two as it was concede system, re was no ight tend unicating personal erence to I of.Tanu- I allude, modating Ion of the iltogcther tution, by as passed s, indc?d, that iime, r. Bagot ni of 29th the lilc rtof what nee on the lied, after four ar- jy further , A copy of thp four articles was furnished to the committee of the liouHP of Representatives, charged with the duty of reporting to the Mouse upon the state of the commercial relations between the United States and the British West Indies. That committee drew their own conclusions upon the probable operation of the articles, and particu- larly of the fourth. They were communicated to them without com- ment, on the part of the Executive. They knew the articles had not been act'epted, but the reasons of the non-acceptance had not been stated to them. It is true, that the article was the same, which, at the negotiation of the commercial convention of July, 1815, had been offered by the British pleni|)otentiaries; that the objection to it, now suggested by the committee, had, at that time, been avowed by those of the United States; that the British Plenipotentiaries did then disclaim the intention of giving it a construction which would import the admission of British traders to any intercourse with Indians within the territories of the United States; and did offer to intro- duce into the article any words which might be necessary to guard it against that construction; and that the article was then finally de- clined upon another ground. But the same reason for declining it still subsists, and is now as operative as it was in 1815; and, if it did not occur to the committee, it was because the other, being more obvious upon the face of the article, as jircsented to them, doubtless struck them more forcibly, as of itself decisive, and nee;olutin}>; the commercial intercourse be- tween the United States, and, 1, the British Islands in the West Indies, and. 2, the provinces of Nova Scotia and Now Brunswick, in North A- inerica. That at the fifth conference, the British Plenipotentiaries offered the 'S|ii I ill I, I !'■' .■ 11 m ■^i m^ ' it .?U \'%^ IMAGE EVALUATION TEST TARGET (MT-3) %o 1.0 I.I IfilM 12.5 ■ 50 *^^ Hi^H « 12.0 12.2 1-25 iu Mi 1.6 ^^ m. ^ ■> / /A '?// w 7 Hiotographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 ^ t / ^ ..% S^JSi \ [^ <> '1 92 [71] H. i counter projet of an article for the intercourse between the United States and Nova Scotia and New Brunswick; and at the eighth conference, an ar- ticle for that between the United States and the British West Indies. That, in presenting this last article, they stated that they could not con- sent to sign an article upon that subject, unless the American Plenipotentia- ries woum accede, in substance, to the article proposed at the fifth con- ference concerning Nova Scotia and New Brunswick, and to an article proposed by the British government, on the 19th ot March, 1817, concern- ing the traae between the United States and the Island of Bermuda. And that the American Plenipotentiaries, not feeling themselves author- ized by their instructions to sign the West India article as proposed by the British Plenipotentiaries, agreed to take the whole question, ad referen- dum, to their government. • ' In comparing the West India article, proposed by the American Pleni- potentiaries, at the third conference, with that ofl*ered by the British Plenipotentiaries, at the 8tJi, it appears: 1. That, in the American projet, the ports in the West Indies, proposed to be opened to American snipping, are specifically named; while in the British projet, they are only designated as the ports which shall be open to the vessels of any other foreign power or state. It is observed, in your joint letter of 20th October, that these ports are the same as tliose propos- ed by the American projet, with the exception of St. Christophers', St. Lucia, Demerara, Essiquibo and Berbice: but the difference between the two draughts is otherwise material. For, if the ports were specifically named, the privilege of admission to them would be positive, and not revocable at the pleasure of Great Britain. But, if, passing under the general descrip- tion, it might at any time be revoked merely by prohibiting the admission to any other fort^igii vessels. 2. Thut, in the American projet, tlic articles of naval stores, provisions, and lumber, in general terms, are among those stipulated for admission, while in the British counter-projet, the naval stores are restricted to pitch, tar, and turpentine; the lumber, to staves, headings, and shingles; and from the article of provisions, are excepted salted provisions of every description. The American article provides for the liberty of importing other articles, of growth, produce, or manufacture of the United States, and the importation of which shall not be entirely prohibited from every other place whatever. The British article narrows the limitation to ar- ticles not prohibited from every other foreign place, so that it would re- ject articles which might, at the same time, be imported from the British colonies in North America. 3. That the American projet provides for the liberty of exporting mo- lasses and salt (omitting rum) and sugar and cofllee, to the amount of one- fourth part of the tonnage of the vessel, and other articles, the exporta- tion of which to other foreign countries, is not entirely prohibited. The British projet, adding the article of rum, denies those of cofi'ee and sugar, and allows only the exportation of other articles, not prohibited to be ex- ported to other foreign countries in foreign vessels; so that articles allowed to be exported to other foreign countries, in British vessels, would still be prohibited from exportation in vessels of the United States. These diflferences, so important in themselves, became still further ag- gravated by a comparison between the two articles fur regulating the in- tercourse between the United States and the British North American pro- vinces of Nova Scotia and New Brunswick, respectively connected with the West India trade article. The American proposal is, that the vessel? ■*»■•■; [71 M I i anar* in- of both nations should be allowed to export from the United States, into Nova Scotia and New Brunswick, the same articles, the importation of which should be allowable by the West India article, into the West Indies, in American vessels, and any other articles,' the importation of wh'ch from every other country, should not be prohibited; and that the vessels of both nations shoum have liberty to import from Nova Scotia and New Brunswick, into the United States, gypsum and grindstones, and any other article the growth, produce, or manufacture of those provinces ^ the impor- tation of which, into the United States, from every other foreign country, shall not be prohibited. The British proposal is, that the vessels of both nations should be al- lowed to export irom the United States, into Nova Scotia and New Bruns- wick, not only the same articles to be admitted by the direct trade to the West Indies, but the additional articles of scantling, planks, hoops, fruits, and seeds, with a specific enumeration of grain and bread stufis, instead of provisions. And that the vessels of both nations should be allowed to import from Nova Scotia and New Brunswick, into the United States, not only gyp- sum, grindstones, and any other articles, the growth, produce, or manu- facture o{the said provinces, but also any produce or manufacture of any part of his Britannic Majesty^s dominions, the importation of which, into the United States, shall not be entirely prohibited. To complete this review, we are to compare the proposals of the two parties, in relation to the trade between the United States and the island of Bermuda. The American proposal is, to include it in the West India trade article, and thereby place it on precisely the same footing as the West India islands. The British article, of 19th March, 1817, proposed that the vessels of both nations should be allowed to import, from the United States, into the island of Bermuda, not only the articles proposed by the British West In- dia article to be admissible in the West Indies, but hemp, flax, masts, yards, bowsprits, plank, timber, and lumber of any sort, bread stuiTs enu- merated, and grain of any sort, of the growth or production of the United States; and that they should be allowed to export, from Bermuda to the United States, any goods or commodities whatsoever, exportable by law from the British West Indies to any foreign country in Europe; and, also, su^ar, molasses, coffee, cocoa nuts, ginger, and pimento; and all goods of British growth, produce, or manufacture. The views of the British government, in these connected proposals, are elucidated by the right which, in the West India trade article, they insist upon reserving, to impose higher duties lipon all articles so iinportalile from the United States to the West Indies, than upon all similar articles, when imported from any of his Majesty's dominions, and being of the growth, produce, or manufacture, of his Majesty's possessions. And, by the statement of the British plenipotentiaries, at the eighth con- ference, as entered upon the protocol, that they could not sign any article concerning the direct trade between the United States and the West In- dies, unless with their proposed articles concerning the intercourse of the United States with Nova Scotia and New Brunswick, and with the island of Bermuda. No objection will, on our part, be made to the exception of the articles proposed bv the British projet to be excluded entirely from the trade, namely, salted provisions, of every description; although their probable \ Hi 94 c in I) ; J'. value is equal to one-third of the whole mass of the exports to the West Indies; but it cannot be disguised, that, if the three articles, taken togeth- er, would not, in their immediate operation, secure the carrying of the whole trade in British shipping, to the exclusion of that of tne United States, they would, at least, leave the ultimate operation entirely at the discretion of the British government, who, by proportioning the difference of duties unon the articles of our growth, produce, or manufacture, and upon the like articles, of the produce, growth, or manufacture of the Bri- tish dominions, to the experience of their own interest, may annul entirely the direct importations, and secure the conveyance of the whole to their own ships. They agreed, indeed, to stipulate thatthedutiesupon the direct, shall not be other or higher than upon theindirectimportations; but all the effect of this engagement is demolisheii by the right reserved of imposing higher du- ties onaracles of our growth, produce, or manufactures, tnan upon like ar- ticles of their own; for, as the indirect importations would be exclusively in British vessels, it must he expected that all articles imported from Bri> tish colonies would be received as British produce, without scrutiny with regard to their origin; and thus the produce or manufactures of the United States, imported, indirectly .through Halifax, St. John's, or Bermuda, would be received as of British produce or manufacture, and less imposed than the same articles importea directly from the United States. And the re- served right of aggravating the duty upon the direct importation being un- limited, might, at any time, at the pleasure of the British government, be made equivalent to a total prohibition; while, at the same time, our power of countervailing legislation would be locked up by the terms of the com- pact. With the convention of 20th October, all the documents transmitted by yon, relating to the negotiation, were submitted to the Senate. Those re- lating to the subject of this suspended article, were referred to the com- mittee of foreign relations of that body, by whom, towards the close of the session, a confidential report was made, a copy of which is herewith en- closed. The shortness of the time not having admitted of a discussion of the report, it was referred to this Department; and, as it is probable that, unless an amicable arrangement of the subject can be effected before the next winter, by negotiati iment, be )ur power the com- tiitted by rhose re- the com- ise of the ewith en- ;ussion of Eible that, efore the of the re- ;ting sys- referring ict of ad- ; British terms of IS as sup- icles, as d at the ons, and Eible, and articles, }ut with ies, shall lies; and growth, merican importa-^ tions from the United States, directly or indirectly, than on similar arti- cles imported from any foreign country, or from any of the British colo- niesithemselves. i^idraught of two articles, to this effect, and forming a compromise between the articles proposed by you at the third, and those offered by the British plenipotentiaries at the fifth and eighth conferences, is herewith enclosed, \Ve consent, by this proposal, to restrict the Hat of articles to be admitted in the trade, even as the British cabinet itself desires; but we adhere to the principle that, of this traffic, thus limited, our shipping shall have the chance of carrying its fair proportion, and shall stand upon equal terms of competition with the British. It is not intended that you should be confined to the letter of this draught. It may be modified in regard to the expression, as you think proper, and if desired by the British government, the two paa8aii;es included witliin brackets in the draught of the first article, may be omitted. But you will candidly state to Lord Castlereagh, that our ulti- mate object of participating in the navigation of this necessary trade, having been explicitly avowed, must be steadily pursued. That we deem it more for our interest to leave it on the footing of reciprocal mutual re- gulation, than to bind ourselves by any. compact, the result of which must be to disappoint us of that object. That we think the effect of the three articles, declared to be inseparable, by the British plenipotentiaries, would be to deprive us even of the portion of the carrying which we have alrea- dy secured by our existing laws, and which we believe we can further se- cure, and that it is far better, for the harmony of the two nations, to avoid an)' bargain, in which either party, after agreeing to it, shall have, by the experience of its effect, the sentiment of having been over-reached, brought home to its councils. We ask for no such engagement, on the part of Gre^t Britain. We have too much confidence in thewiedorA and liberality of her cabinet, to believe that they would wish to obtain puch an engage- ment from us. At every step of counteracting regulation that we have taken, or shall take, in this concern, we proceed with reluctance, because we are convinced it might be adjusted more to the mutual interest, and mutual understanding, by amicable arrangement, than by countervailing legislation. But, to whatever arrangement we may subscribe, we are con- vinced it Can answer no useful purpose, unless it shall prove to be founded on the reciprocity of real effects, instead of hinging upon that of words. Your power, heretofore given, is considered sufficient to authorize you to sign two additional articles, of the substance of those enclosed, with any person or persons duly authorized by the British government. If agreed to, they may be declared supplementary to those of the convention of the 20th of October, and to be of the same duration. They must, of course, be submitted to the sanction of the Senate for ratification here. I am, very respectfully, Sir, &c. .:r JOHN QUINCY ADAMS. ^_,\' ARTICLE 1. ' '■,.', .'■■.■/ The vessels of the United States and British vessels shall have liberty to import, from any of the ports of the United States to which any foreign vessels are permitted to come, into any of the followin,!;!; ports, namely, Kingston, Savannah Le Mar, Montcgo Bay, Santa Lucia, Antonio, Saint Ann, P'almouth, and Porta Maria in the' Island of Jamaica, San Joseph in the Island of Trinidad, Scarho- 96 C71 ] ^1 '/: a ' : rough in the Island of Tohago, Saint George in the Islai|d of Gre- nada, Kingston in the Island of Saint Vincent, Bridgetown in the Island of Barbadoes, Rosseau in the Island of Dominica, Saint John's in the Island of Antigua, Road Harbor in the Island of Tortola, the principal port of Turks Island, Nassau in the Island of New Providence, Pitt's Town in Crooked Island, and the principal port of the Island of Bermuda, tobacco, pitch, tar, turpen- tine, staves, headings, shingles, horses, mules, poultry, live stocky and provisions of all sorts, (except salted provisions of any descrip- tion, whether meat, fish, or butter,) such articles being the growth, produce, or manufacture of the United States, [and any other articles of the growth, produce, or manufacture of the United States, the importation of which, into the above-mentioned ports, shall not be entirely prohibited from every other foreign country, or place.] And the vessels of the United States and British vessels shall have li- berty to export, from any of the said ports of his Britanic Majesty's dominions, to any of the aforesaid ports of the United States, rum, molases, and salt, being of the growth, produce, or manufacture of any of the above-mentioned dominions, [and any other articles of the said growth, produce, or manufacture, the exportation of which, to any other foreign country, or place, shall not be entirely prohibited.] The vessels of either party, employed in the trade provided for by this article, shall be admitlied in the ports of the other, as above- mentioned, without paying any other, or higher duties, or charges, than those payable in the same ports, by the vessels of such other party; and they shall have liberty, respectively, to touch, during the same voyage, at one or more ofthe above-mentioned ports of the other party, for tlie purpose of disposing of their inward, and of taking on board their outward cargoes. No other or higher duties shall be paid, on the importation from the United States, into the above-mentioned ports of the British co- lonies, or from the said ports into the United States, of any of the articles importable, by virtue of this convention, when imported ia the vessels of either of the two nations, than when imported in the vessels of the other; nor when imported directly between the United States and the said ports, or vice versa; and when imported in a^ circuitous manner. No other or higher duties shall be charged upon any of the above-mentioned articles, when imported by virtue of this convention, into the United States, or into any of the ports afore- said, than may be charged on similar articles, when imported from any foreign country into the United States, or from any other coun- try or place whatsoever into the said ports. The sancie duties shall be paid, and the same bounties shall be allowed, on the exportation of an> articles which may, by virtue of this article, be exported from the said British ports, tu the United States, or from the United States tu tlie said ports, whether exported in vessels of the United States, or in British vessels. [713 a7 ARTICLE 2. 'r\'*tf» T\\Q vessels of the United States and British vessels sltall have liberty to export* from any of the ports of the United States to which any foreign vessels are permitted to come, to the ports of Halifax* in Mova Scotia, and of St. John's, in New Brunswick* and to any other port within the said provinces of Nova Scotia and New Brunswick, to which vessels of any other foreign nation shall he admitted, any ar- ticle, of the growth, produce, or manufacture, of the United States, which, by virtue of the preceding article, is importable from the United States into the British colonial ports therein named; and up- on the same terms, in regard to the payment of duties and charges; and (hey shall have liberty to import, from ^ny of ^e aforesaid ports within the provinces of Nova Scotia and New Brunswick, into any of the aforesaid ports of the United States, gypsum and grindstones, the produce or manufacture of the said provinces, and any other arti- cle of the said produce or manufacture, the exportation of which from the said provinces, and the importation of which into the United States, to or from any other foreign country, shall not be altogether ]M'oliibitcd. The vessels of either party, employed in this cradc, shall pay no other or higher duties or charges, than those of the other. The same duties of importation and of exportation shall be paid on the articles imported or exported, by virtue of this article, and the same bounties allowed on their exportation, whether in vessels of the Unit- ed States, or in British vessels. r coun- ihall be tion of d from United United Extract of a letter from Mr, Rush, Envoy, ^c. at London, to Mr, 4d- ams, Secretary of State, dated London, June 14, 1819. " I was honored, on the 8th instant, with your despatch, number seventeen, of the 7th of May. " On the 9th I addressed a note to Lord Castlereagh, to request an interview, that 1 might proceed to lay before this government, with- out losing any time, the determinations to which the President had come on the important subject of the commercial intercourse between the United States and the West Indies. His lordship appointed yes- teiHlay for me to wait npon him. ** I commenced with calling to mind the point at which the discus- sions had left off, upon this branch of the negotiation, last autumn, and gave a new assurance of the President's earnest desire to see this trade opened upon a footing of entire and liberal reciprocity, rather than stand any longer upon the conflict of arbitrary laws. In this spirit I was instructed to offer a projet, which had been carefully drawn up, upon the basis of a compromise between the pretensions of the two parties, and which, indeed, would be found to fall in so en- tirely with the propositions of Great Britain, in some respects, and to make such an approximation to them in others, that a hope was cherished of its proving acceptable. 13 9ff [71 3 ** That* in particular, it would bfi Tound to adopt the description of naval Htores, and of lumber, as articles to be exported frofh the Unit- ed States, upon which the British plenipotentiaries had themselves insisted — confining the former to pitch, tar, and turpentine; and the latter to staves, heading, and shingles; contrary to the more enlarged signification which it had been the desire of the American pleni]io- tentiaries to give to them. That it acquiesced, also, in the exclusion of all salted provisions, including the important article offish. That it, moreover, came wholly into the British views, in consenting to the exclusion of sugar and coffee, as articles to be imported into the Unit' ed States from the British West Indies, it being understood that the above traffic was to be open upon equal terms, in all respects, to Ame- rican and British vessels. ** In return for such sin accommodation to the colonial views of Great Britain, the projet asked, on the other hand, that the list of ar- ticles exportable from the United States to the West Indies, should be the same as to Bermuda, and to the British North American colo- nies; that the articles exportable to the United States should be con- fined to such as were of the growth, produce, or manufacture of the above islands or colonies; and that the same duties, and no more, should be payable on importations from the United States into the West Indies, whether the articles were brought directly or indirectly, as on similar articles imported into the West Indies from any foreign country or from any of the British colonies. ** With this outline of its contents, I handed a copy of the projet "which came enclosed in your despatch, to his Lordship. The discus- sions between the plenipotentiaries of the two governments having recently been so ample on the matters which it embraces, I thought that nothing was likely to be gained by my leaving room for the pos- sible hope that any of its essential provisions would be departed from. Accordingly, I deemed it best to say with candor, in the first instance, that, as it was offered, so was it to be taken; for that my present in- structions would admit of no deviations, unless on points verbal, or otherwise immaterial. I shall bear in mind that the parts within crotchets may be omitted. His h>rdship received it with an assur- ance that a full and candid consideration would be given to it. The pressure of parliamentary business might, he said, delay an attention to it for some weeks; but that, at as early a day as was practicable, it would be taken up. I replied that I believed that the great object 'would be attained on our side, if a decision were connmunicated to me in full time to be made known to the President before the next session of Congress. Should our propositions prove acceptable, I was empowered, I added, to make them supplementary to the con- vention of the twentieth of October, subject always to the ratification of the Senate. I here closed, having endeavored, in the course of my remarks, to convey to his lordship's mind, those general reasonings applicable to our propositions, which are unfolded in your despatch, and to which I shall again advert on future occasions, should it be- come necessary. The confidential report of the nineteenth of Feb- [71 ] m ruary, Ify^he Committee of Foreign Relations, in the Senate, was safely received, under cover of your despatch." *t .: '-■ itbe- Extrads of a letter from Mr. Rush ta the Secretary of State, dated * •" hoauos, September 17, IB19, ** Lord Castlcreagh cnmc to town on the I5th instant, and grant- ed me an interview yesterday on the business of the West India trade. Holding in his hands the proposals I had submitted, his Lordship premised, that ho thought it would perhaps be best for him to answer thrm in tlie same general way that the British articles, submitted through my predecessor, in 1817, had been answered; that is, not in any formal manner, but merely by a word of conversation with me. I said that I was sure that the form of the answer would make no difference; its transmission to my government, in whatever mode his Lordship might be pleased to convey it to me, would doubtless ef- fect every substantial purpose. In the answer there was no hesitation. Our proposals, he said, were not of a nature to form the basis of any agreement between the two countries. They would effect an entire subversion of the British colonial system. From this system they were not prepared to depart. Their colonics were, in many respects, burdensome, and even liable to involve the country in wars. Garrisons, and other es- tablishments, were constantly maintained in them, at a heavy charge: In return, it was just that they should be encumbered with regula- tions, the operation of wiiicli migiit help to meet, in part, the expen- ses which they created. The gi'eat principle of these regulations was known to be the reservation of an exclusive right to the benefit of all their trade; a principle, of which the free-port acts had, it was true, produced some relaxation; but, it had never been the intention of this government to do any thing more than offer to us a participa- tion in these acts. Some modifications of them would have been ac- quiesced in, suggested by local causes, and an anxious desire that our two countries might come to an understanding on this part of their intercourse. But, to breakdown the system, was no part of their plan. Our proposals, therefore, could not be accepted. Such were his remarks. I observed, that to break down the system was not our aim. All that we desired was, that the trade, as far as it was gone into at all, should be open to the vessels of botii nations upon precisely equal terms. If the system fell by such an arrangement, it was as an in- cident; and only showed how difficult it seemed to render its long continuance consistent with a proper measure of commercial justice towards us. So broad and unequivocal was his Lordship's refusal, that it seem- 100 [713 h^^i ed almont superfluous to ask him to be more particulnr; yet, per- ceiving in the a wish to be made acquainted rather more specifically 'with the objections, he said that he would not scruple to mention them, without, however, entering into details, for which he was not prepared, and which had been amply unfolded on both sides during the neg(>tiation this time twelve-month. The objections were three- fold. First, W«» asked an enumeration, by name, of all the ports in the West Indies that we desired should be open to our vessels. Se- condly, That the trade between the United States and the British co- lonies on the continent of America, and with Bermuda, should be confined within the same limits as that between the United States and the West India Islands direct; and, thirdly, we asked. That the duties on articles imported from the United States into the Islands, in American ships, should be no higher than on the same articles when imported in British ships, from the United States, or from any other country, without sayiuc/oret^n country. These three provi- sions, particularly theseconu and third, would form insurmuuntable obstacles to the conclusion of any convention which should purport to embrace them. I contented myself with replies as general. The communications from the joint mission, last year, as well as some separate ones from this legation, after it was over, will have informed the President how fiilly the views of our government, on the injustice of this system, in all its past effects upon us, have heretofore been stated. On this oc- casion I remarked, as to the first objection, that it was plain, tliat, if the ports were not specially named, the privilege of admission to them would, at any time, be revokable, whenever Great Britain thought fit to exclude from them any otiier foreign vessels. It would be, in short, a privilege with notliing positive or certain in its cha- racter. As to the sepond, I said, that, should an indirect trade hv opened with the Islands in any greater extent than the direct tradc^ nothing was mor^ clear, than that the greater part, or whole, would soon be made to ^ow in the channel of the former, to the manifest advantage of BHtish bottoms. On the third objection, I said that an explanatory femark or two was all that I should add, (it would be but repetition,) to what had often been urged before. That we should deny to Great Bt^ituin the common right of protecting the industry of a part of her own dominions, by laying discriminating duties in its favor, might be thought, at first blush, to wear an appearance not defensible; but, it would be found, on a moment*s examination, to be strictly so. The system, built up by Britain, must be looked at altogether. It was in itself so inverted and artificial, that principles, not disputed in the abstract, ceased to be just when applied to itiu Though one and all of these colonies were, indeed, of her dominion, yet were they made to stand, with respect to us, in the light of sepa- rate and independent countries. This wsoy the kcy-stonc of the co- lonial doctrine. Why should we not, in turn, adopt and apply it to Great Britain? If we stipulated not to impose, upon articles im- ported into the United States from the British West Indies, any [71 ] 101 higher duties than upon the same articles coming from any other fo- reign country, a similar provision by Great Britain, to ifnpoHP, on articles exported from the United States to her islands,no higher duties than oil the same articles when brought from any other/ordj^n country, would obviously bo one of but nominal reciprocity; since, after her own dominions on the continent of America* there was no other placo whence such exportations to her islands would ever be made. Thus it was tiiat this third provision, combined with the two others, became necessary to enable the United States, whilst prosecuting a trado with the British West Indies, to place their navigation upon a foot- ing, not of verbal merely, but of real equality. It was the latter alone that could lay the foundations of a compact between the two nations that could ever be satisfactory or lasting. His Lordship did not hold to such views, and the conversation was not prolonged. It is proper for me to add, that he requested it to bo understood, that, whilst our proposals were declined, it was alto- gether in a friendly spirit, and that no complaint would be made, as had frequently been intimated, at our resorting to any just and right- ful regulations of our own, which we might deem necessary to meet theirs, in relation to these islands. I rejoined, that I thought it pro- bable that some such regulations would, before long, in addition to those existing, be adopted. Having earnestly endeavored to fulfil all my instructions, in their full spirit of anxiety for a different result upon this subject; my duty appears now to have arrived at its close." il » Extract of a letter from Mr, Mams, Secretary of State, to JUr. Rusli, Envoy, ^c, at London, dated Department of State, Q7th May, 1820. ** I have the honor of transmitting herewith, a copy of the laws passed at the last Session of Congress, which closed on the 15th inst.; among which you will find one, page 116, entitled "An act supple- mentary to an act concerning navigation," which has an impor- tant bearing upon our commercial relations with Great Britain. ** The subject to which that act relates, has so recently, and so fully been discussed, between the two governments, that it may be superfluous, though it cannot be unseasonable, to assure the British Cabinet, as you are authorized to do, that it was adopted with a spi- rit, in no wise unfriendly to great Britain; and that, if at any timxi the disposition should be felt there, to meet this country by arrange- ments, founded on principles of reciprocity, it will be met, on the part of the United States, with an earnest wish to substitute a sys- tem of the most liberal intercourse, instead of that of counter prohi^ bitions, which this act has only rendered complete." * •-# ' «- ^Vi «*. -; J',-' I ' r » ■('* ^ < . M .-..♦* ' . --■■tJ" 4 •■Niv » x-v 4- t . r ,»■ (:| :■ ■ i \ in 2 108 f ■ .!|r LIST OF PAPERS. I.I Messrs. Gallatin and Rush to Mr. Adams, dated London, October SO, 1818. — Extracts. No. 1. Protocol first conference, 27th August. ^ f 29th August. 17th September. A.^ B. C. >>American. D. E F. British. »> American. 2. Do. second do. 8. Do. third do. Articles, fisheries. Do. boundary, Do. West Indies, "I Do. Nova Scotia, j Do. slaves. Explanatory memorandum, Frojet on impressment, Seven articles, maritime 1 ^' rights, marked a. to g. j Three articles, miscellane- \ „ ous, marked h. to k. J ^^ 4. Protocol fourth conference, 25th September. ^"^ «/?rpllet "'^'} A. Aa..ric.„. 5. Protocol fifth conference, 6th October. Article, fisheries, A.~| Do. boundary, B. ^ ... Do. Mississippi, C. v^"""* Do. Nova Scotia, D. j Do. slaves, E.J 6. Unofficial note and memorandum, 7th October, American. 7. Protocol 6tli conference, 9th October. Amendments to boundary ar- 1 tide, A. [-American. r ' Amendments to slaves article B.J 9. Unofficial note and memorandum, 12th October, American.^ 9. Protocol seventh conference, IStli October. t'itish counter jet. pro- Articles, fislieries. Do. boundary. New projet of impressment. Six articles, maritime rights 1 I] D.^ E. and miscellaneous, a. to g, Memorandum respecting do Slaves 10. Amendment to boundary article 11. Protocol eighth conference. West India article, F. 12. Protocol ninth conference. J British second coun- ter projet. ^, -■tiatiun« nd doc- 9 to the on the and cur- ls a sine I Islands, ;e of cn- Li'bors of ir fishcr- nsinitted ve rights brirtually han the of that )tion ap- liQcct the shores, by, any perma- J conven- Id not be le was to [ight lia- ii-teA for [the pro- li was to iThein- Ihe Bri- effect of those words being omitted, or of tite article being considered as ab- rogated, would be the necessity of insertiiig in the treaty of peace a new 9*'ticlc renewing the present one, and that after all that had passed, it would certainly be deemed expedient to do it, in whatever manner the condition was now expressed. Wc declared that we would not agree to any article on the subject, unless the words were pre- served, or in case they should enter on the protocol a declaration im- pairing their effect. It will, also, he perceived that wc insisted on the clause by which the United States renounce their right to the fisheries relinquished by tlic convention, that clause having been omitted in the first Bri- tish counter-projct. We insisted on it with the view, 1st: Of pre- venting any implication that the fisiierics secured to us were a new grant, and of placing the |)erinanerice of the rights secured, and of those renounced, precisely on the same tooting. 2d. Of its being ex- pressly stated that our renunciation extended only to the distance of three miles from the coasts. This last point was the more important, as, with the exception of the fishery in open boats, witiiin certain harbors, it appeared, from the ccMnmunications abovemcntioned, that the fishing ground on the whole coast of Nova Scotia is more than three miles from the shores; whilst, on tlie contrary, it is almost uni- versally close to the shore, on the coasts of Labrador. It is in that point of view, that the privilege of entering the ports for shelter is useful, and it is hoped, that, witli that provision, a cansidcrable por- tion of the actual fisheries on that coast (of Nova Scotia) will, not- withstanding the renunciation, be preserved. ^ 2. Boundary Line. This being definitively fixed at the 49th degree of north latitude, from the Lake of the Woods to the Stoney Mountains, it is unneces- sary to repeat the arguments which were urged on that subject. The attempt was again made to connect with it an article, securing to the British, access to the Mississippi, and the right to its navigation. We declared, and entered the declaration in the protocol, that we could not agree to the article, nor to any that would bring the Bri- tish in contact with that river. The British Plenipotentiaries having, by the protocol of the seventh conference, agreed to the omission of the article, that point is also definitively settled. And it may be ob* served, with reference to the treaty of 1783, that, if the United States have not secured to themselves the whole of the fisheries heretofore enjoyed within the jurisdiction of Great Britain, they have obtained the liberty of curing fish on a part of the southern coast of Newfound- land, and the abandonment of an inconvenient privilege within their own territory. 3. Columbia river. This subject was, during the whole negotiation, connected by the Bri- tish Plenipotentiaries with that of the boundary line. They appeared 14 106 [71] altogether unwilling to agree to this in any shape, unless some arrange- ment was made with respect to the country westward of the Stoney Mountains. This induced us to propose an extension of the boundary line, due west, to the Pacific Ocean. We did not assert that the Unit- ed States bad a perfect riglit to that country, but insisted that their claim was at least good against Great Britain. Tlie 49th degree of north latitude had, in pursuance of the treaty of Utrecht, been fixed, indefinitely, as the line between the northern British possessions, and those of France, including Louisiana, now a part of our territories. There was nw reason why, if the two countries extended their riaiins westward, the same line should not be continued to the Pacific Ocean. So far as discovery gave a claim, ours, to the whole country on the waters of the Columbia river, was indisputable. It had derived its name from that of the American ship, commanded by Captain Gray, who had first discovered and entered its mouth. It was first explor- ed, from its sources to the ocoan, by Lewis and Clarke, and before the British traders Irom Canada had reached any of its waters: for it was now ascertained, that the river Tucoiitclie Tesse, discovei'ed by McKenzie, and which he had mistaken for the Columbia, was not a branch of this river, but fell into the sound called ** tiie Gulph of Georgia. The settlement at the place called Astoria, was also the first permanent establishment made in that quarter. The British Plenipotentiaries asserted, that former voyages, and principally that of Captain Cook, gave to Great Britain the rights derived from dis- covery, and they alluded to purchases from the natives south of the river Columbia, which they alleged to have been made prior to the American Revolution. They did not make any formal proposition for a boundary, but intimated, that the river itself was the most con- venient that could be adopted, and that they would not agree to any that did not give them the harbor at the mouth of the river, in com- mon with the United States. We stated that we could not agree to this, but expressed our readiness and our wish to insert, in the boundary article, a proviso similar to what had been proposed on former occasions, and which would leave that subject open for ar- rangement hereafter. To this they would not consent, and offered the article annexed to the protocol of the fifth conference. We de- clared, that we preferred not signing any article for the boundary line, eastward of the Stoney M(»untains, to acrpiiescing in that ar- rangement. We did not know with precision what value our govern- ment set on the country to the westward of those mountains, but we were not authorized to enter into any agreement wliich would be tan- tamount to an abandonment of the claim to it. It was at last agreed, but, as we thought, with some reluctance on the part of the British Plenipotentiaries^ that the country on the northwest coast, claimed by either party, should, without prejudice to tlie claims of eitlier, and for a limited time, be opened for tlie purp(»ses of trade, to the inhabi- tants of both countries. The im|)ortaiiro which seems to have been attached to that subject by (jreat Britain, induces a belief that it will again be brought forward, at some future occasion, with a view to a definitive arrangement. [71] 107 4. Slaves. I'l After having referred to wliat had already passed on that subject, we. insisted that Lord Castiereagh, having, in his letter to Mr. Adams, of April 10th, 1816, declared that ** the British government would not resist the claim of the United States to indemnification for slaves, or private property belonging to their citizens, which could be proved to have been in places directed to be restored by the trea- ty of Ghent, at the date of the ratifications, and to have been after- wards removed;" and it being in proof, by the correspondence of Cap- tain Clavelle, and of Admiral Cockburn, that slaves had been remov- ed from Tangier Island, and from Cumberland Island, subsequent to the ratifications, the claim for indemnification, to that extent, had tliiis been already fully admitted by the British government. With respect to slaves, removed on ship board previous to the ratifications, and for which Lord Castlereagli denied that our claim to indemnity could, with Justice, extend; we urged, that such of our harbors and waters as were in the possession of the British, at the date of the ratifications, were strictly within the moaning of places to be restor- ed; that they were accordingly actually restored; and it necessarily followed, that, according to Lord Castlereagh's construction, the Bri- tish were hound not to have carried away any slaves, who were then on board British vessels, lying within any such harbors or waters. The British Plenipotentiaries offered as a substitute to the article we had proposed, one to refer the subject to a friendly sovereign. This we could not reject, as the proposal had originated with the United States, and was now unconnected with the questions respect- ing the boundary line, and the Columbia river. We proposed, that the Emperor of Russia should be designated, in the article, as the umpire. This was rejected, on tiie ground, that, if he should refuse to act, the agreement would become null, and that it would be inex- pedient, if at all practicable, to provide by the article for that con- tingency, so as to secure the object in view. It was added, that the sitverei^n could be fixed upon at a future day by the two governments, through Mr. Rush and Lord Castlereagli. 5. Commercial Interconrse» The subject of the intercourse with the West Indies was fully dis- cussed, and not thinking ourselves authorized to accede to the last proposals of the British Plenipotentiaries, which are annexed to the protocol of the 8th conference, an entry was made, that we had taken fliem, ad referendnnif to our government. The negotiation being kept open, in that respect, we agreed, in conformity with our in- structions, to an article, continuing in force, for ten years, the com- mercial convention of 1815. It was fully understood, on both sides, that if no agreement should be ultimately concluded, with respect to the colonial intercourse, no ground of complaint would arise on account of any restrictive measures whatever, that the United States might M 108 C 71 3 1 adopt on tliat su*\ject; and we stated, expressly, tiiat sucii measures would, in all probability, be extended to the intercourse with Ber- muda, and with the British niu'thern colonies; that, if the direct trade with the West Indies was not allowed, the United States would not be disposed to suffer it to be carried on through any other interme- diate Britis!* port. It appeared evident to us, both from our instructions and from the act of Congress, that a perfect reciprocity and equality must i)6 the basis, as well as a sine qua non^ of any arrangement of the intercourse with the West Indies. And we understood this basis to embrace the follow ing objects. 1. British vessels to be permitted to import from the British West Indies into the United States, and to export from the United States to the British West Indies, only such articles of the produce of the said West Indies, and of the United States, respectively, as American vessels should be permitted to export from, and to import into the British West Indies. 2. The duties on the vessels, and on the cargoes, to be recipiocally the same, whether the vessels were American or British. 3. The duties on the importation of American produce, into the British West Indies, not to be higher when the produce was import- ed directly from the United States, than when imported in a circui- tous manner; with a reciprocal condition for the importation of West India produce into the United States. 4. The intercourse in British vessels to be allowed only with such West India ports, as would be opened to the American ves.^els. 5. The British vessels, allowed to cai ry on that trade, to be only of the same description, with the American vessels admitted in the British West Indies. To that basis, as thus stated, the British plenipotentiaries acceded. But when the further details of the proposed arrangement were taken into consideration, several important points occurred which had not been contemplated in our instructions, and on which we were not BUiiiciently acquainted with the intentions of our government. The basis of reciprocity once established, was it proper to agree to a direct intercourse, limited on both sides, to certain articles of the produce, either of the United States, or of the West Indies? And if such limitation was admissible, to what extent? And, what arti- cles might we consent to except? If tlie direct intercourse was thus limited to certain articles, would an indirect intercourse be admissible, between the United States and Bermuda, Nova Scotia, New Brunswick, embracing articles of West India produce, or of the produce of the United States, destined for the West Indies, other than were admitted to be imported, or ex- ported in a direct manner? As the British government W'ould retain the power of laying duties on the produce of the United States, imported into the West Indies, and would not lay any on similar articles imported therein, from any pai't of the British dominions, ought we to assent, without any con- dition or exception^ to the clause annexed to the first article, formerly [71] 109 5ures Bor- trade Id not ermc- im the V [)e the course Lce tiie I West ates to te said lei'ican ito the locally ito the inport- circui- )f West th such s. be only 1 in the cceded. e taken lad not ere not o agree s of the And at arti- t would tes and of West ined foi* or ex- \g duties Indies, rom any Iny con- [ormerly i proposed by that government, and by which no higher duties should be laid, respectively, on the produce of either country, than on simi- lar articles imported from any other foreign country? We thought it safer to err on our own side of the question, and to ask fur more than, perhaps, under all circumstances, we expected to obtain, rather than to limit our demands to less than might be intend- ed by our government. The articles which we proposed at the third conference, were drawn with that view; and the British plenipoten- tiaries immediately stated, that they were inadmissible, and amount- ed to a much greater departure from the^ colonial policy of Great Britain than she was prepared to allow. They did not v ter into any abstract defence of that policy, but they strongly urged the im- possibility of breaking down, at once, a system still favoured by pub- lic opinion, and supported by various interests, >Vhich could not be disregarded. Tiie fish and lumber of the northern colonies; the salted provisions, and even the flour, of Ireland; the shipping interest, and that of non-residing West India planters, were all alluded to. Having once admitted the basis of perfect reciprocity with respect to the direct intercourse, they thought that the United States ought, for the present, to be satisfied with an arrangement which would admit a considerable number of articles to be carried directly, that they should not insist on the exclusion, in the inter- course with Halifax, St. Johns, and Bermuda, of those articles which might not be included in the list of those admitted in the direct inter- course with the West Indies; and that we ought not to object to the natural right of Great Britain to lay protecting duties in favor of the produce of her own possessions. We admitted that the last princi])le, as an abstract proposition, was unexceptionable, but observed, that the practical effect of the condition on whicTi they insisted, was altogether partial. Since they persevered in making a distinction between the intercourse with England, and that with her colonies, and even between that with her northern American colonies, and that with the West Indies, the United States must, in a commercial view, consider them as so many distinct countries. As no other foreign country could supply the West Indies with the articles which were the produce of the United States, a condition which would prevent Great Britain from laying higher duties on that produce, than on similar articles, the produce of other foreign countries, was nugatory, and to us, perfectly useless. There was, in that respect, no competition but with the produce of the British possessions. We found, in that condition, no compensa- tion for the restriction which it would impose on the United States, to lay no higher duties on the colonial produce of the British posses- sions, than on that of other countries. The propriety of limiting the number of articles to be carried directly, would in a great measure depend on the list which might be proposed. To extend it to other articles, in the circuitous intercourse through Halifax and Bermuda, would give to the British tlie exclusive carriage of tliose articles from those ports to the West Indiesi and vice versa., and be inconsistent y 110 [71] -with the avowed object of the United States, that of an equal parti- cipation in the navigation necessary for the transportation of the ar- ticles, of which their trade with the West Indies, as allowed by Great Britain, actually consisted. Yet we were disposed to pay due regard to the various considerations which had been presented by Great Britain, and to listen to any specific proposals she might be prepared to make. No part of the articles we had offered was, with the excep- tion of the basis of perfect reciprocity, to be considered as an ultima- tum. We would, however, say, that we could not assent to any arti- cle which did not admit on the one hand, naval stores, and the whole of our lumber, and on the other, salt, molasses, and. besides rum, a limited quantity of sugar and coffee, amongst the articles of the direct trade. With respect to duties, after having suggested witliont success that a maximum of those intended for the protection of the produce of the British dominions, might be agreed on, we stated tliat there were at Jeast two provisions which con Id not be objected to, viz: That the United States should remain at liberty to lay higher duties on the colonial produce of the Biitish possessions, than on that of those countries where we were, or might be received on better terms, than in the British West Indies; and that the condition which would pre- clude, generally, such higher duties beir)g laid, should not apply to the West India articles, not admitted to be exported directly there- from in American vessels to the United States. The result of several free conversations was, that, as it was alto- gether improbable that we could, at this time, come to a definitive ar- rangement, the British IMenipotentiaries should offer an article with the intention of its being referred to our [government. It will be perceived by this, that they admit the principle of reci- procity; that they make no exception with respect to the description of vessels; that, giving up the article formerly proposed for Turk's Island, they also admit that vessels employed in the trade may touch from one port to another, and that to the list of articles formerly pro- posed are added naval stores, shingles, and staves, and a more gene- ral description of provisions. They continue to except, altogether, on the one hand, sugar and coffee, and on the other salted fish and pro- visions, and every other species of lumber but shingles and staves. The only essential difference between this list of articles and that proposed for the intercourse with Bermuda and the northern colonies, consists, as far as relates to the produce of the United States, in the lumber not admitted in the direct intercourse; for salted fish and provisions are equally excluded from both: but it is proposed that not only sugar and coffee, but also ail articles of the produce or man- ufacture of any of the British dominions should be admitted, through that indirect channel, into the United States. We stated, when we received the article, that it ouglit to embrace only American products, and that the proposal was certainly inadmissible, so far as related to East India articles. With respect to the p(»rts they offer in tlie West Indies, they are the same with those proposed by us, with the exception of St. L713 111 Ghristoplier's» St. Lucia, Demarara, Esequibo* and Berbice. The three last, had been at first intended to be included, but were ulti- mately umittcd by the British Plenipotentiaries, for reasons, con- nected, as they said, with their engagements with Holland. We cannot state, what may be considered as an ultimatum in that proposal. We are, however, induced to believe, that they will per- severe in excluding sugar, and some species of lumber, from the di- rect, and salted fish and provisions from both the direct and indirect intercourse; that they will insist on having some articles admitted ia that indirect, which shall be excluded from the direct intercourse; and that they will be tenacious on being placed on the footing of the most favored nation. They will also certainly insist, that vessels from Great Britain may touch at any port in the United States, and take cargoes for the West Indies, of such articles as may be admitted in the direct trade. Without such provision, (which would be made reciprocal, although only nominally so,) it is supposed here, tiiat, considering our proximity, to admit our vessels to a participation on an equal footing, in tlie trade between the United States and the West Indies, would, in fact, give the latter the wliole navigation connected with that trade. It must, at the same time, be observed, that tlie ])roposal being intended for reference, and not for immediate discussion, the British Plenipotentiaries may have been cautious not to go too far. Upon the whole, we hope, that if our negotiation does not pave the way for a definitive arrangement, it will, at least, have served to make our government better acquainted with the dis- positions of this, and may afford some assistance with respect to the further proceedings which may be thought expedient. It having been ascertained, that the British government would not assent to any article on the subject of the intercourse by land, and inland navigation, with Canada, which would substantially differ from that already twice rejected, and that they would not even agree to a provision, securing to us the right of taking our produce, in our own boats or vessels, down the St. Lawrence, as far as Montreal, and down the river Chambly, as far as the river St. Lawrence; we thought it altogether unnecessary to make any proposal on that sub- ject, on which, indeed, we were not particularly instructed/' ey are of St. ... No. 1. Protocol of the first Conference, between the American and British Plen- ipotentiaries, held at fVhitehall, on the 2.7 th of August, 1818. Present — Mr. Gallatin,') . Mr. Rush, 'j American. Mr. Robinson, 1 n -x- • Mr. Goulburn, j ^••*'«''- The Plenipotentiaries presented and exchanged their respective full powers. 112 [71] It was agreed, that tlie discussions should be carried on by con- ference and protocol, with the insertion in the protocol of such writ- ten documents, as either party might deem necessary, for the purpove of recording their sentiments in detail. The British plenipotentiaries stated, that they were ready to pro- ceed at once to the signature of a treaty, renewing the commercial convention of 1815 as it stands; or that if the American Plenipoten-> tiaries should prefer to delay the signature of such a treaty of re- newal, till more progress should have been made in the discussion of the other topics which it is the objecl of the two governments to ar- range, no objection would be made to the adoption of that couise. But it was explicitly stated, by the British plenipotentiaries, that, with respect to all those other topics of discussion, whether purely commercial, or partaking more of a political character, they were instructed not to consent to any partial or separate consideration of them, nor to select any one, in particular, as an appendage to a re- newal of the existing commercial convention. The American plenipotentiaries acquiesced in the division of the subject, represented by the British plenipotentiaries to be essential, but stated it to be their desire not to sign the treaty of renewal for the present. It was, however, agreed, that the eventual signature of that instrument should not be made contingent upon a settlement of the other points, and both parties declined bringing forward any pro- posed modification of it. It was agreed to meet again on Saturday at two o'clock. ALBERT GALLATIN, RICHARD RUSH, FREDERICK JOHN ROBINSON. HENRY GOULBURN. ^ No. 2. Protocol of the second conference held between the American and British Pltnipotentiaries at IFhitehall, on the 29th of August, 1818. Present — Mr. Gallatin, Mr. Rush, Mr. Robinson, Mr. Goulburn. The Plenipotentiaries agreed upon, and signed the protocol of the preceding conference. Some general conversation then ensued upon some of the different topics of discussion. The American Plenipotentiaries stated, that, whenever the British Plenipotentiaries were prepared to submit their project on the Im- pressment Question, they (the American Plenipotentiaries,) would bring forward their proposition respecting the otlier maritime points; but that they did not intend to bring those topics before the confer- a c s e f] i c II I a f £71] 118 n by coii- such writ- lio purpoKe .dy to pro- Dinmcrcial 'lenipoten< aty of re- icussion of ints to ar- at cuui-se. ries, that, ler purely they were Icration of ;o to a re- ion of the essential » enewal for gnature of tlenient of d any pro- INSON. ml British 818. col of the ucd upon le British the Im- ,) would fie points; e confer- ^ enees at all, unless the impressment of seamen was to be discusse on the part of Great Britain. It was agreed that the next conference should take place on Sep- j?ember the 4th. ALBERT GALLATIN, lUCHAUU RUSH, • '- . FREDERICK JOHN ROBINSON, HENRY GOULBURN. No. 3. Protocol of the third conference held between the American and British Pknipoientiaries., at U hitehull, on the ITthdayoJ September, 1818. PRESENT — Mr. Gallatin, Mr. Rush, Mr. Robinson, Mr. Goulburn. The conference fixed fur the 4th instant, having been adjourned by mutual consent, it was held this day. The protocol of the preceding conference was agreed upon and signed. The American Plenipotentiaries, after some previous explanation of the nature of the propositions which they were about to make, sub- mitted the five annexed articles, (A, B, C, D,) upon the fisheries, the boundary line, the West India intercourse, that of Nova Scotia and New Brunswick, and the captured slaves; the tw o first articles they stated to be drawn as permanent, and they accompanied that respect- ing the fisheries with the annexed explanatory memorandum, (E.) The British Plenipotentiaries submitted the annexed projet of articles respecting the impressment of seamen, (F,) and they express- ed their conviction that a consideration of these articles would, under all the circumstances of difficulty with which the question is involv- ed, satisfy the American Plenipotentiaries of the sincere and earnest disposition of the British government, to go every practicable length in a joint effort to remove all existing causes of difference, and to connect the two countries in the firmest ties of harmony and good understanding. The American Plenipotentiaries declared, that they received the proposition entirely in the same spirit, and tllen brought forward the annexed articles, (G,) relating to other maritime points which at the former conference they had aniiounccd tiieir intention of producing. They also subniitted three other articles as annexed, res[iecting wrecks, &c, &c. (H.) It was agreed to meet on Fridav, the 25th instant. ALBERT GALLATIN, RICHARD RUSH, FREDERICK JOHN ROBINSON, 15 HENRY GOULBURN. il4 [71] ARTICLE A. Whereas, diflferences have arisen respecting tlie liberty claimed by the United States, for tbo inhabitants thereof, to tal(c, dry, and cure fish, nn certain coasts, bays, harbors, and rreoiis, of his Britannic Majesty's dominions in America: It is agreed, between the high contracting parties, that the iniiabitants of the said United States shall continue to enjoy, unmolested, forever, the liberty to take fish, of every kind, on that part of the southern coast of Newfoundland, which extends from Cape Ray to the Uamian Islands, and the west- ern and northern coast of Newfoundland, from the said Cape Ray to Quirpon Island, on the Magdalen Islands; and, also, on the coasts, bays, harbors, and creeks, trom Mount Joly, on the southern The inhabitants of the^two countries, respectively, shall have lib- erty freely to come witli their ships and cargoes to all such places, ports, and rivers, on the northwest coast of America, as belong to, or may be in the possession of either of the two high contracting par- ties, and shall be admitted and treated, with respect to their said ships and cargoes, and to trade, ^nerally, on the same terms, and in the same manner, as the inhabitants, vessels, and cargoes, of the country owning or having possession of such places, ports, or ri- vers. The navigation of the rivers that fall into the Pacific Ocean, and which may be intersected by the line of demarcation, aforesaid, shall, from the sources of such branches as may be thus intersected, to the ocean, remain free and open to the citizens of the United States, and to the subjects of Great Britain. But both parties reserve to themselves the power of regulating, each within their respective ter- ritories, the right to the navigation of the rivers that fall cither into the Gulf of Mexico or into Hudson's Bay. II lii ARTICLE G. i| It is agreed that vessels of the United States shall have liberty to import from any of the ports of the United States, to which any fo- reign vessels are |icrmittcd to come, into any of the following ports of His Britannic Majesty's dominions in the West Indies, and on the continent of South America, viz: the ports of Kingston, Savannah La Mar, Montego Bay, Santa Lucia, Antonio, Saint Ann, B'al- moutli, and Porto Muria, in the island of Jamaica; the port of San Joseph, in the island of Trinidad; the port of Scarborough, in the island of Tobago; the port of St. George, in the island of Grenada; the port of Kingston, in the island of St. Vincent; the port of Bridge- town, in the island of Barbadoes; the principal port of the island of St. Lucia; the port of Rosscau, in the island of Dominica; the port of St. John's, in the island of Antigua; the port of Basseterre, in the island of St. Christopher's; the purt of Road Harbor, in the island of Tortola; the principal port of Turk's Island; the port of Nassau, in the island of New Providence; the port of Pitt's Town, in Crook- ed Island; the principal port of the island of Bermuda; the principal port in the colony of Demarara, and the principal port in the colony of Berbice, tobacco, naval stores, live stock, and every species of provisions, and lumber, being of the growth, produce, or manufacture of the United States; and the said vessels shall also have liberty to import, in the same manner, every other article of the growth, pro- duce, or manufacture of the United States, the importation of which, into the abovemcntioned British islands and colonies, shall not be entirely prohibited from every other place whatever, if of the growth, produce, or manufacture of the United States, and from every other foreign country or place, if of the growth, produce, or manufacture of any other foreign country or place. The said vessels. f:-\ n 116 [71] coming directly from any of the at'oresnid purts of the United States, shall, likewise, have liberty to export from any of the aforesaid ports of His Britannic Majesty's dominions, to any of the aforrsaid ports of the United States, sugar, coffee molasses, and salt, being of the growth, produce, or manufacture, of any of the abovementioned British islands and colonies: And the said \essels shall also have li« berty to export, in the same manner, any other article of thu said growth, produce, or manufacture, the exportation of which, from the said British islands and cohmies, to every other fo- reign country or place, shall not be entirely prohibited: Provided, however, that the quantity of sugar and coffee, which may be thus exported, shall not, for each vessel, exceed the rate of five hundred vreigitt of both together, for eacli ton of the burthen of such vessel. Uritisli vessels shall, in the same manner, have liberty to import from any of the aforesaid ports of his Britannic Majesty's domin- ions, into any of the aforesaid ports of the United States, sugar, cof- fee, molasses, and salt, being of the growth, produce, or manufacture of the above mentioned British ishuids and colonies: and the said "vessels shall also have liberty to import, in the same mannei*, any other article of the said growth, produce, or manufacture, the export- ation of which, from the said islaiuls and colonies, to the United States, shall be allowed in vessels of the United States, and the impor- tation of which, into the said United States from every foreign country or place, shall not be entirely prohibited. Provided* however^ That the quantity of sugar and colfce, which may be thus imported, shall not exceed, for each vessel, the rate of five hundred weiglit of both together, for each ton of the burtlien of such vessel. The said ves- sels, coming directly from any of the aforesaid ports of his Britannic Majesty's dominions, shall likewise have liberty to export from any of the aforesaid ports of the United States, to any of the aforesaid Iiorts of his Britannic Majesty's dominions, tobacco, naval stores, ivc stock, and every species of provisions and lumber, being of the growth, produce, or manufacture of the United States; and the said vessels shall also have liberty to export, in the same manner, every other article, the growth, produce, or manufacture of the United States, the importation of whi( li, into the said British ports from the said United States, shall be allowed in vessels of the United States, and the exportation of whicli, from the said United States, to every foreign country or place, shall not be entirely prohibited. The vessels of either of the two parties, employed in the trade pro- vided for by this article, shall be admitted in the ports of the other party, as above mentioned, without paying any other or higher du- ties or charges than those payable in the same ports by the vessels of such other paity; and they shall have liberty, respectively, to touch, during the same voyage, at one or more of the ports above mentioned, of the other party, for the purpose of disposing of their inward, oi "f raking on board their outward cargoes. ^oothei' 01 higher duties shall he paid on the importation into the United States^ of any of the articles which may be imported ther£- H I Ic pro- otlier liei* du- kesscls |ely, to above their ito the I there- [71 3 417 in by virtue of this article, when imported in British vessels, than when imported in vessels of the United States, nor when imported directly from the above mentioned ports of his Britanni< M .ijesty's di>- miiiious, than when imported in a circuitous manner. Auti no other or higher duties shall be paid, on the importation into the above men- tinned ports of his Britannic Majesty's dominions, of any of the ar- ticles w'hicii may be imported therein by virtue of this artiile, when imported in vessels of the United States, than when imported in Bri- tish vessels, nor when imported directly from the United States, than when im|M)rtcd in a circuitous manner. The same duties shall be paid, and the same bounties shall be al- lowed on tlic exportation of any articles which may, by virtue of this article, be exported either from the above mentioned British islands anil colonies, to the United States, or from the said United States, to the said islands and colonies, whether such exportation shall be in vessels of the United States, or in British vessels. And the arti- cles tlius exported, shall, in the dominions of both parties, respective- ly, pay the same duties, and be allowed the same bounties, on the ex- portation thereof, as when exported to any other foreign country or place whatever. ARTICLE. British vessels shall have liberty to export from any of the ports of the United States, to which any foreign vessels are permitted to come, to tiie ports of Halifax, in His Britannic Majesty's province of Nova Scotia; to the Port of St. John's, in His Britannic Majes- ty's province of New Brunswick; and to any other port within the said provinces of Nova Scotia or New Brunswick, to which vessels of any other foreign nation shall be admitted, any article of the growth, produce, or manufacture, of the United States, the impor- tation of which, from the said United States into His Britannic Ma- jesty's dominions tn the West Indies, and on the continent of South America, shall be allowed in vessels of the United States, by virtue of the next preceding article of tliis treaty, and the exportation of which, from the United States to every other foreign country, or place, shall not be entirely prohibited; and vessels of the United States shall, in like manner, iiavc liberty to import from any of the aforesaid ports of the United States, into any of the aforesaid ports within the said provinces of Nova Scotia and New Brunswick, any of the arti- cles, the growth, produce, or manufacture of the said United States, the exportation of which, from the said United States to the said provinces, shall be allowed in British vessels, and the importation of winch into the said provinces, from every other foreign country, or place, shall not be entirely ])rohibited. British vessels shall also have liberty to import from any of the aforesaid ports, within the provinces of Nova Scotia and New Bruns- wick, into any of the aforesaid ports of the United States, gypsum and grindstones, the produce or manufacture of the said provinces, and tliey shall likewise liavc liberty to import in the same manner any other article of the growth^ produce, or manufacture ot tiio saijl i 118 [71] #' ■i1 provinces, the exportation of which from the said provinces to the United States,*shall be allowed in vessels of the United States, and the importation of which into the said United States from every other foreign country, shall not be altogether prohibited. \nd vessels of the United States shall have liberty to export from the said provin- ces to the said United States, gypsum and grindstones, the produce or manufacture uf the said provinces; and they shall likewise have liberty to export, in the same manner, any other article of the growth, produce, or manufacture of the said provinces, the exportation of -which to every other foreign country shall not be entirely prohibited. ' The vessels of either «)f the two parties employed in the trade pro- vided for by this article, shall be admitted in the ports of the other party, as above mentioned, without [laying any other cr higher du- ties or charges, than those payable in the same ports by the vessels of such other party. The same duties shall also be paid, respective- ly, in the dominions of both parties, on the importation and on the exportation of the articles which may be impoi'tf'd or exported by virtue of this article, and the same bounties shall also be allowed on the exportation thereof, whether such importation or exportation shall bu in vessels of the United States, or in British vessels. ARTICLE D. Whereas complaints have been made by divers inhabitants of the United States, that several slavis, their private property, were car- ried away from the United States contrary to the intentions of the Urst arti the said treaty to be restored to the United States, but then still occupied by the Bri- tisli forces, and who were afterwards removed or carried away by the said forces, whether such slaves, as aforesaid, were, at the date aforesaid, on shore, or on board any vessels lying in waters which, being within the territory or jurisdiction of tlie United States, were to be restored to them. And, lor tl»e purjmse of truly ascertaining the Dumber and value oCtlie said slaves, three commissioners shall be ap- pointed and authoiizcd t(» meet and art in manner following, that is to say; one shall be appointed by the l*resident of tiie United States, by and with the advice and consent of the Senate thereof, and one by his liritannic Majesty; and the said two commissioners shall agree on the ciioice 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 commissioners. The three commissioners, thus appointed, shall first meet at the city of Washington, but shall have power to adjourn from place to place, as th« y shall see cause. They shall have power to appoint a secretary, ami, before iirocccding to act, shall respectively take the following agre tioiii ofth same the c [71] 119 to the s, and r other isck of irovin- iroduce e have ;rowth, ition of liibited. de pro- \Q other her du- 1 vessels pcctive- i on the »rted by owed on lortation its of the verc car- is of the Ucnt, he- ccember, IVull com- laid com- ic diite of ny tcrri- .id treaty the Bri- way by the date •s which, ;es, were fining tlic ill he ap- ^, that is il States, Id one by .11 agree [mil each shall be IS. The [e city of ilace, as jcretary, [ollowing oath or aftirinatiun, in the presence of each other; which oath, or af- firmation, being duly taken and attested, shall be entered on the re- cord of their proceedings; that is to say: "1, A. B. one of the com- missioners appointed in pursuance of the article of the treaty of , between the United States of America and his Britan- nic Majesty, do solemnly swear, or ailirm, that 1 will diligently, im- partially, and carefully, examine, and, to the host of my Judgment, according to justice and equity, decide, all such complaints or appli- cations as, under the said article, shall be preferred to the said com- missioners.'' Two of the said commissioners shall constitute a board, provided they be those named by the respective governments; and vacancies, caused by death, or otherwise, shall be filled up in the manner of the original appointments; and the new commissioners shall take the same oath, or alBrmation, and do the same duties. Twelve months from the day on which the said commissioners shall form a board, are assigned for receiving complaints and applications; but they are, nevertheless, authorized, in any particular cases in which it shall appear to them reasonable and just to extend the said term for any term not exceeding six months after the expiration thereof. In examining the complaints and ajiplications preferred to them by the owners of slaves, or tlu'ir lawful atttirneys or repre- sentatives, the said commissioners are empowered and required, in pursuance of the true intent and meaning of this article, to examine, on oath or ailirmatinn, all such persons as shall come before them, touching the real number and value of the slaves allcc^i'd to have been carried away, as aforesaid; and, also, to receive iti evidence, accord- ing as they may think consistent with equity and justice, written de- positions, being duly authenticated, cither according to existing legal forms, or in such other manner as the said commissioners shall see cause to require or allow. The award of the said commissioners, or of any two of them, shall in all cases be final and conclusive, whether as to the number, the value, or the ownership of the slav( s carried away as aforesaid. And his Britannic Majesty undertakes lo cause the sum awarded to each and every owner, in lieu of his slave or slaves, as above described, to be paid without deduction, at such time or times, and at such place or places as shall be awarded by the said commissioners, and on condi- tion of such releases being given as they shall direct; provided that no such payments shall be iixcd to take place sooner than twelve months from the day of the exchange of the ratifications of this treaty. It is further agreed, that the said commissioners shall be respectively paid in sucii manner as shall be agreed between the two parties, such agreement to be settled at the time of the exchange of the ratifica- tions of this treaty. And all other expenses attending tlie execution of the commission, shall be defrayed jointly by (he two parties, the same being previously ascertained and allowed by the majority of the commissk^ners. Till ^ i*-^§'-- 4 120 [71] i E. Explaiiatory Memorandum. The American Plenipotentiaries presented, fur consideration, an article on the subject of certain fisheries. They stated, at the same time, that, as the United States considered the liberty of taking, drying, and curing fish, secured to them by the treaty of peace of 1783, as being unimpaired, and still in full force for the whole extent of the fisheries in question, whilst Great Britain considered that li- berty as having been abrogated by war; and as, by the article now proposed, the United States offered to desist from their claim to a certain portion of the said fisheries; that offer was made with the un- derstanding that the article now proposed, or any other on the same subject, which might be agreed on, should be considered as perma- nent, and, like one for fixing boundaries between the territories of the two parties, not to be abrogated by tite mere fact of a war between them; or that, if vacated by any event whatever, the rights of both parties should revive, and be in full force, as if such an article had nut been agreed to. F. His Majesty the King of the United Kingdom of Great Britain and Ireland, &c. &c. and the President of the United States of Ame- rica, being animated with an equal desire to remove, by amicable re- gulations, the inconveniences which have arisen from the dilliculty of discriminating between the subjects of the two powers, respectively, have determined to proceed, without prejudice to the rights of either power, to frame such conventional arrangements as may obviate the evils which might hereafter again result from the circumstances above stated, to the public service, the commerce, or the subjects of either of the contracting parties. In pursuance of so desirable an object, his said Majesty and the President of the United States have nomi- nated Plenipotentiaries, to discuss and sign a treaty to this effect. His Majesty the King of the United Kingdom of Great Britain and Ireland, has nominated the Right Hon. Frederick John Ro- binson, &c. &c. &c. and Henry Goulburn, Esq. &c. &c. &c.; and the President of the United States has nominated Albert Gallatin, Esq. &c. &c. &c. and Richard Rush, Esq. who, having exchanged their full powers, found in good and due form, have agreed upon the following articles: article 1. The high contracting parties engage and bind themselves to adopt, without delay, and in the manner that may best correspond with their respective laws, such measures as may be most effectual for ex- ■»*•-%' %' [TO 13i ation, an the same r takings peace of )le extent ;d that li- •tide now laim to a til the iin- the same IS pcrma- ■itories of tP between sof both I'ticle had it Britain !s of Ame- licable re- ilficulty of pcctiycly, s of either >bviate the nces above of either an object, lave nomi- effect. at Britain John Ro- :c.; and the xALLATIN, exchanged d upon the s to adopt, pond with iual for ex- cluding the natural born subjects of either party from serving in thd public or private marine of the other: Provided always, that nothing contained in this article shall be understood to apply to such natural born subjects of either power, as may have been naturalized by their respective laws, previous to the signature of the present treaty. And such measures, when adopted^ shall be immediately communicated to each party, respectively. ARflCLE 2. For the better ascertaining the number of persons on either s\A& that may fall within the exception contained in the preceding article, the high contracting parties engage to deliver, each to the other, with- in twelve months from the ratification of the present treaty, a list of all persons falling within the said exception, specifying the places of their birth, with the date of their becoming naturalized. And it is farther agreed, that none other than the persons whose names shall be included in the said lists, shall be deemed to fall within the said exception. ARflClE ^4 The high contracting parties, however, reserve to themselves th6 power to authorize and permit, by proclamation, tiieir respective subjects or citizens tn serve in the public or private marine of the other country. And it is hereby expressly understood, that, so long as such permission shall remain in force, it shall be competent for the government of the other power, notwithstanding the engagement set forth in the first article of this treaty, to admit the performance of the said service. Provided^ alruayst That, whenever the power so granting permission to the said subjects or citizens to serve in the marine of the other, shall withdraw the same, notification thereof shall forthwith be made to the other contracting party, and, on re- ceipt of such notification, the power receiving the same shall, forth- with, notify it in the most public and official manner, and shall use its utmost endeavors to restrain the said subjects of the other party from further serving in its public or private marine, and shall en- force the exclusion of such of the said subjects of the other power^ as may then be in its service, as if no such permission had been pro" mulgated. AUTICtfi 4. In consideration of the stipulations contained in the preceding articles, it is agreed, by the high contracting parties, that, during the continuance of the present treaty, neither power shall impress or forcibly withdraw, or cause to be impressed or forcibly withdrawn^ any person or persons from the vessels of the other power, when met upon the high seas, on any plea or pretext whatsoever. Provided al- ways. That nothing contained in this article shall be construed ta apply to the vessels of either power, which may be within the poii* 133 [71] or within the maritime jurisdiction of the other, and also provided that nothing herein contained shall be construed to impair or affect the established right of search, as authorized in time of war, by the law of nations. ARTICLE 5. The high contracting parties have agreed to extend the duration of the present treaty to ten years, and they reserve to themselves to concert, as to its renewal, at such convenient period, previous to its expiration, as may ensure to their respective subjects the uninter- rupted benefit which they expect from its provisions: Provided al- ways, that either Power may, if it deem it expedient, upon giving six months previous notice to the other, wholly abrogate and annul the present treaty. ARTICI.B 6. It is agreed that nothing contained in the preceding articles shall be understood to affect the rights and principles on which the high contracting parties have heretofore acted, in respect to any of the matters to which these stipulations refer, except so far as the same shall have been modified, restrained, or suspended, by the said articles. And, whenever the present treaty shall cease to be in ope- ration, either by the expiration of the term for which it is enacted, mrithuut any renewal of the same, or by the abrogation thereof, by either of the contracting parties, as hereinbefore provided, or (which God forbid) by any war between the high contracting parties; each of the said high contracting parties shall stand, with respect to the other, as to its said rights and principles, as if no such treaty had ever been made. ^} G.— (a.) Whenever one of the high contracting parties shall be at war, any vessel of the other party, sailing for a port, or place, belonging to an enemy of the first party, without knowing that the same is either he- sieged, blockaded, or invested, may be turned away from such port or place; but she shall not be detained, nor her cargo, if not contra- band, be confiscated, unless, after such notice, she shall again attempt to enter: but she shall be permitted to go to any other port or place she may think proper. No vessel, or cargo, shall he condemned for breach of a blockade, unless captured by one of the blockading ships; or unless she shall attempt to enter, after notice as aforesaid. Nor shall any vessel or goods of either party, that may have entered in- to such port or place, bet\)re the same was besieged, blockaded, or invested by the other, and be found therein, after the redaction or sur- render of such place, he liable to confiscation; but shall be restored [71 ] 123 ■») to the owaera, or proprietors thereof. And, in order to determine vrhat characterises a blockade, it is agreed that denomination shall apply to a port where there is, by the disposition of the power which blockades it, with ships stationary, or sufficiently near; an evident danger in entering. (6.) Whereas differences have heretofore arisen, concerning the trading with the colonies of Elis Britannic Majesty's enemies, and the in- structions given by Hi.4 Majesty to his cruizers, in regard thereto; it is agreed that, whenever His Britannic Majesty shall be at war, all articles, not being contraband of war, may be freely carried from the ports of the United States to the ports of any colony, not block- aded, belonging to His Majesty's enemies; provided, such goods as are not of the growth, produce, or manufacture, of the United States, shall previously have been entered and landed in the United States, and the ordinary duties, on such articles, so imported for home con- sumption, siiall have been paid, or secured to be paid, and tiie said goods, on re>exportation, shall, after the drawback, remain subject to a duty equivalent to not less than one per cent, ad valorem; and that the said goods and the vessels, conveying the same, shall, from the time of tiieir clearance from the port of the United States, be bona Jide the sole property of citizens of the United States; and, in like manner, that all articles, not being contraband of war, and being the growth or produce of the colonies of His Britannic Majesty's ene- mies, may be brought to the United States, and, after having been there landed, may be freely carried from thence to any foreign port, not blockaded; provided such goods shall previously have bee>i enter- ed and landed in the United States, and the ordinary duties on colo- nial articles so imported, for home consumption, shall have been paid, or secured to be paid; and that the said goods, except only ma- liogany and fustic, shall, on re-exportation, after the drawback, re* main subject to a duty equivalent to not less than two per cent, ad valorem; and provided that the said goods, and the vessels convey- ing the same, be bona Jide the sole property of citizens of the United States: Provided, always, that this article, or any thing contained there- in, shall not affect any question now, or hereafter, judicially pend- ing, touching the legality, or illegality, of a direct trade from Eu- rope, or other foreign countries, by citizens of the United States, with the colonies or possessions of His Britannic Majesty's enemies beyond the Cape of Good Hope, nor operate to the prejudice of any right belonging to either party; but that, after the expiration of the time limited for this treaty, the rights on both sides shall revive and be in full force. (c.) . In order to regulate what is in future to be esteemed contraband of war^ it is agreed, that, under the said denomination, shall be com- 134 [71] ftrised all arms and implements serving fur the purposes ot war, by and or by sea^ such as cannon, mortars, muskets, pistols, and other Are arms, petards, bombs, grenades, carcasses, saucisses, rockets, carriages for cannon, firelocks, musket rests, bandoliers, gunpowder, saltpetre, sulphur, matches, balls, and bullets, helmets, or head pie- ces, cuirasses, swords, pikes, halberts, lances, javelins, saddles, bri- dles, and other horse furniture, holsters, pouches, belts, and generally all other implements of war; excepting however, the quantity of tho said articles^which may be necessary for the defence of the ship, and of those who compose the crew; but all such articles are hereby de- clared to be just objects of confiscation, whenever they are attempted to be carried to an enemy. But no vessel shall be detained on pre- tence of carrying contraband of war, unless some of the abovemen- tioned articles are found on board of the said vessels at the time it is searched. >:i! (d.) In all cases where one of the high contracting parties shall be at war, the armed vessels belonging to such party shall not station them- selves, nor rove, or hover, nor stop, search, or disturb the vessels of the other party, or the unarmed vessels of other nations, within the chambers formed by head lands, or within five marine miles from the shore belonging to the other party, or from a right line from one head land to another* (e.) Whenever one of the high contracting parties shall be at war, and where vessels of the other pai'ty shall be captured or detained by the ships of war or privateers of the l)elligerant, for any lawful cause, the said vessels shall be brought to the nearest or most convenient port; and such part only of the articles on board, as are subject to condem- nation by the law of nations, shall be made prize; and the vessels, unless by that law also subject to condemnation, shall be at liberty to proceed with the remainder of the cargo, without any impediment. In all cases of unfounded detention, or other contravention of the regulations stipulated by the present treaty, the owners of the vessel and cargo so detained, shall be allowed damages proportioned to the loss occasioned thereby, together with the costs and charges of the trial. All proper measures shall be taken to prevent delay in de- ciding the cases of ships or cargoes so brought in for adjudication, and in the payment or recovery of any in*lemnification adjudged or agreed to be paid to the mastei's or owners of such ships or cargoes. And, whenever sentence shall be pronounced against any ve^ iel thus captured or detained, or against her cargo, or part thereof, the sen- tence or decree shall mention the reasons or motives on which the Bame shall have been founded, and a duly authenticated copy uf all the proceedings in the cause, and of the said sentence, shall, if re- clarcd their readiness to agree, with some amendments, which they submitted,(A.) to the projet proposed by the British Plenipotentiaries, under a full expectation that an arrangement, thus founded on mu- tual confidence, could not fail to have a happy effect, both as regard- ing its immediate object, and in confirming the amicable relations so happily subsisting between the two countries. It was agreed to meet again on Tuesday, the 6th of October. AliBERT GALLATIN, RICHARD RUSH, FREDERICK JOHN ROBINSON, HENRY GOULBURN. bidObe- the ves- to the me be in ie debts s of the c funds, fiscated. Tiding in risoners lilies, ef- lie right, lations, respect A. jSmendments proposed. All words between crotchets to be itruck out. 1. 2. settle 3. diiferences 4. employment by either of the two powers of the subjects or citi- zens of the other, in their public or private marine, and from tne prac- tice of impressment. His Majesty the King of the Unit- ed Kingdom of Great Britain and Ireland, &c. &c. &c. and [the Pre- sident of]* the United States of America, being animated with an equal desire to [remove,]^ by ami- cable regulations, the ^[inconve- niences] which have arisen from the ■*[difficulty of discriminating be- tween the subjects of the two pow- ers, respectively,] have determined to proceed, without prejudice to the rignts of either power, to frame such conventional arrangements as may obviate the evils which might here- after again result from the [circum- 128 5. cause* 6. [71 ] 1. respectively from serving in their public or private marine, the natural born subjects or citizens of the other party, 2. or citizens {3. shall 4. with their own consent 5. the 6. of either power 7. exchange of ratifications !'• 1. eighteen stances]* above stated, [to the pub- lic service, the commerce, or the subjects, of either of the contracting parties.]" In pursuance of so ile- sirnblc an object, his said Majesty and tlie President of the United States, have nominated Plenipoten- tiaries to discuss and sign a Treaty to this ('.fleet. His Majesty the King of the Unit ed Kinguom of Great Britain and Ireland, has nominated the Right Honorable Frederick John Robinson, &c. &c. &c. and Henry Goulburn, Esquire, &c. &c. &c.; and the Pre- sideat of the United States has no- minated Albert Gallatin, Esquire, &c. &c. &c. and Richard Rush, Es- ?[uire, who, having exchanged tiieir iill powers, found in good and due form, have agieed upon the follow ing articles: AKTICLE 1. The high contracting parties en- gage and oind themselves to adopt, without delay, and in the manner that may best correspond with their respective laws, such measurts as may be most effectual for excluding ^[the natural born subjects of either party from serving in the public or private marine of the other;] pro- vided, always, that nothing contain- ed in this article shall be understood to apply to such natural born sub- jects 2 of either power, as [may]^ have been naturalized * by * [their] respective laws, * previous to the ^[signature] of the present treaty. And such measures, when adopted, shall be immediately communicated to each party, respectively. ARTICLE 2. For the better ascertaining the number of persons, cvi either side, that may fall within the exception contained in the preceding article, the high contracting parties engage to deliver, each to the other, within [twelve]* months from the ratifica- the pub- , or the itracting )f so ile- Mujesty B United eninoten- a Treaty the Unit itain and the Right R4>bin9on, Goulbttvn, d the Pre- tcs has no- , Estjuire, Rush. Es- nged their )d and due the follow parties en- j9 to adopt, the manner i with their neasurts as excluding cts of either public or ther;] pro- ing contain- understood born sub- as [may]'' by « [their] rious to the sent treaty, len adopted, mmunicated ely. rtaining the either side, ,e exception ding article, rties engage other, within the ratifica- [71 ] 129 2. as far as it may be found prac- ticable to obtain it, of the seamen 3. no natural born subject or citi- zen of either power, whose name shall not 4. unless he shall produce proof of his having been duly naturalized prior to the exchange of ratifications of this treaty. 1. by law 2. or otherwise, either generally •r in special cases, is. or citizens 4. or citizens 5. on their return to port, from the voyages or service in which they may then be engaged, or sooner, if practicable, tion of the present treaty, a list * [of all persons] falling within the said exception, specifying the places of their birth, with the date ot their becoming naturalized. And it is further agreed, that '[none other than the persons whose names shnll] be included in the said lists, shili be deemed to fall within the said ex- ception.* ARTICLE S. The high contracting parties, how- ever, reserve to themselves the pow- er to authorize and permit,* by pro- clamation, ' their respective sub- jects or citizens to serve in the pub- lic or private marine of the other country. And it is hereby express- ly understood, that, so long as such permission shall remain in force, it shall be competent for the govern- ment of the other power, notwith- standing the engagement set forth in the first article of this treaty, to admit the performance of the said service: Provided, always, that, whenever the power so granting permission to the said subjects or citizens to serve in the marine of the other, shall withdraw the same, notification thereof shall forthwith be made to the other contracting party, and on receipt of such noti- fication, the power receiving the same shall forthwith notify it in the most public and official manner, and shall use its utmost endeavors to re- strain the said subjects ' of the other party from further serving in its public or private marine, and shall enforce the exclusion of such of the said subjects * of the other power, as may then be in its service, * as if no such permission had been pro- mulgated. 1'. 17 ARTICLE 4. *[In consideration of the stipula- tions contained in the preceding ar- 18* [71] C. or any where without the ordi- nary juriscflction of either of the two powers, as acknowledged by the law of nations, 3. impair or affect the right of either power, to withdraw its natu rat born subjects or citizens, not falling within the exception men- tioned in the preceding articles, from any vessel lying within its ports or within its ordinary maritime ju- risdiction, as acknowledged by the law of nations. 4. (a.) (a.) See 6th article, 2. 1. or citizens 1. impair, or 2. nor any of the belli«rerant or neutral rights of either party, as ac- knowledged bv the law of nations, ticleB,] it is agreed by the high con- tratting parties, that, during the continuance of the present treaty, neither power shall impress or forci- bly withdraw, or cause to be impress- ed or forcibly withdrawn, any person or persons, from the vessels of the other power, when met upon the high seas, • on any plea or pretext what- soever: Provided, always, that no- thing contained in this article shall be construed to ^ [apply to the ves* sels of either power which may be within the ports or within the mari- time jurisdiction of the other:] *[and also, provided, that nothing herein contained shall be construed to im- pair or affect the established right of search, as authonzed in time of war by the law of nations.] AKTICLE 5. The high contracting parties have agreed to extend the tmration of the present treaty to ten years, and they reserve to themselves to concert as to its renewal, at such convenient period, previous to its expiration, as may insure to their respective sub- jects ' the uninterrupted benefit which they expect from its provi- sions: Provided, always, that either power may, if it deem it expedient, upon giving six months' previous no- tice to the other, wholly abrogate and annul the present treaty. AUTICLE 6. It is agreci! that nothing contain- ed ill the preceding articles, shall be understood to ^ atlect the rights and principles on which the high con- tracting parties have heretofore act- ed in respect to any of the matters to which these stipulations refer,' except so far as the same shall have been modified, restrained, or sus- pended, by the said articles. And whenever the present treaty shall li :^ ai ej dr th TO t71] 181 cease to be in operation, either by the expiration of the term for whicn it 'i» eiKvcted, without any renewal ot the -lime, or by the abrogation thereof, by either of the contracting parties, as herein before provided, or (which God forbid,) by any war between the high contracting par- ties, each of the said high contract- ing parties shall stand, with respect to the other, as to its said rights and principles, as if no such treaty had ever been made. No. 5. Protocol of the fifth Conference held between the American and British FlenipotentianeSf at Whitehall, on the 6th of October. PuESENT — Mr. Gallatin^ Mr. Rush, Ml*. Robinson, Mr. Ooulburn. The protocol of the preceding conference was agreed upon and signed. The British plenipotentiaries gave in the five annexed articles, on the fisheries, the boundary, the Mississippi, the intercourse between Nova Scotia and the United States, and the captured slaves. (A, B; C, D,E.) It was agreed to meet again on the 9th instant. ALBERT GALLATIN, RICHARD RUSH, FRfclDERICR JOHN ROBINSON, HEiNRY GOULBURN. ARTICLE A. Contain - [shall be khts and th con- fore act- jmatters refer,* lall have or sus- . And Ity shall It is agreed that the inhabitants of the United States shall have liberty to take fish, of every kind, on that part of the western coast of Newfoundland which extends from Cape Ray to the Quinpon islands, and on that part of the southern and eastern coasts of Labrador whirh extends from Mount Joly to Huntingdon Island; and it is further agreed that the fishermen of the United States shall have liberty to dry and cure fish in any of the unsettled bays, harbors, and creeks, of the said south and east coasts of Labrador, so long as the same shall veniain unsettled; but^ as soon as the same, or any part of them, shall 183 [71] be settled, it shall not be lawful for the said fishermen to dry or cure fish, without a previouH agreement fur that purpose with the inhabi- tatils, proprietors, or possessors of the ground. And it is further agreed, that nothing contained in this article shall be construed to give to the inhabitants of the United States any liber- ty to take fish within the ri\ers of his Britannic Majesty's territo- ries, as above described; and it is agreed, on tlie part of the United States, that the fisherinrn of the United States resorting to the mouths of such rivers, shuli not obstruct the navigation thereof, nor wilfully injure nor destroy the fish within the same, either by setting nets across the mouths of surh rivers, or by any other means whatever. His Britannic Majesty further agrees, that the vessels of the Unit- States, bona fidt> engaged in such fishery, shall have liberty to enter the bays and liarbors of any of his Britannic Majesty's dominions in North America, for the purpose of shelter, or of rapairing damages therein, and of purchasing wood and obtaining water, and for no other purpose; and all vessels so resorting to the said bays and harbors, shall be under such restrictions as may be necessary to prevent their taking, drying, or curing fish therein. It is further well understood, that the liberty of taking, drying, and curing fish, granted in the preceding part of this article, shall not be construed to extend to any privilege of carrying on trade with any of his Britannic Majesty's subjects, residing within the limits hereinbefore assigned for the use of the fishermen of the United States, for any of the purposes aforesaid. And in order the more effectually to guard against snuggling, it shall not he lawful for the vessel) of the United States, engaged in the said fishery, to have on board any goods, wares, or merchandise, whatever, except such as ma} be necessary for the prosecution of the fisher}', or the support of the fishermen whilst engaged therein, or in the ptosecution of their vo}ages to and from the said fishing grounds. And any vessel of ihe United States which shall contravene this re- gtiliition may be seized, condemned, and confiscated, together with her cargo. ARTICLE B. * It is agreed that a line drawn from the most northwestern point of the Luke o( the Woods, along the forty-nintii parallel of latitude, or if the said point shall not be in the furt} ninth parallel of north luti* tudi^, then, that a line, drawn due north or south, as the case may be, until it shtill intersect the said parallel of nortli latitude, and from the point of such intersection, ifue west, along, and with, the said pa- rallel, siall be th line of demarcation between the territories of his Brita'i'tic Majesty and those of the United States, and that the said line ■iUiiil I'-trni tiie southern boundary of tlie sailaces, and which shall remain therein upon the exchange of the ratifications of this treaty, or any slaves or other private property:" And whereas doubts have arisen whether certain slaves, originally captured in certain forts and places, belonging to the United States, and re- moved therefrom, but remaining within the territories of the Unit- ed States, or on hoard the ships of his BritannicMajesty, lying with- in the harbors of the United States at the time of the exchange of the ratifications of the said treaty, are to extend under the above re- tted provisions of the said crcaty: The high contracting parties do [71] 185 hereby agree to refer the said doubts to some friendly sovereij^n or state, to be named for that purpose; and the high contracting parties engage to consider the decision of such friendly sovereign or state to be final and conclusive on all the matters so referred. id lercas ed in re- Uiiit- vvith- igc of c re- ies do No, 6. London, October 7th, 1818. ^ Mr. Gallatin and Mr. Rush present their compliments to Mr. Ro- binson and Mr. Goulburn, and beg leave to send them the enclosed paper, containing some remarks on the articles handed to them at the conference yesterday. They are to be considered as unofficial^ according to the intimation given yesterday, when they were pro- mised, and have been drawn up merely under the hope that, by pos- sessing the British Plenipotentiaries of some of the views of the Ame- riran IMenipoteiitiaries, before the next meeting or the 9thy the pro- gress of the negotiation may be accelerated. Observations, ^c, — Fisheries* The American Plenipotentiaries are not authorized by their in- structions to assent to any article on that subject, which shall not secure to the inhabitants of the United States the liberty of taking fish of every kind on the southern coast of Newfoundland, from Cape Ray to the Ramian Islands, and en the coasts, bays, harbors, and creeks, from iVtount Joly, on the southern coast of Labrador, to and through the Straits of Belle Isle; and thence, northwardly, indefinitely, along the coast: and, also, the liberty of drying and curing 6sh in any of the unsettled bays, harbois, and creeks, of Labrador, and of the southern coast of Newfoundland, as above descrihed; with the proviso respecting such of the said bays, harbors^ and creeks, as may be settled. The liberty of taking fish within rivers is not asked. A positive clause to except them is unnecessary, unless it be intended to compre- hend, under that name, waters which might, otherwise, be considered as bays or creeks. Whatever extent of fishing ground may be se- eur^d to American fishermen, the American Plenipotentiaries are not prepared to accept it on a tenure, or on conditions different from those on which the whole has heretofore been held. Their instructions did not anticipate that any new terms or restrictions would be annexed, as none were suggested in tlie proposals made by Mr. Bagot to the Ame- rican government. The clauses forbidding the spreading of nets, and •naking vessels liable to confiscation, in case any articles not wanted for carrying on tlie fishery should be found on hoard, are ,>f that «'e scriptioD) and would expose the fishermen tu endless vexations. 136 Mississippi, The American Plenipotentiaries are not authorized to agree to any condition that would brin|i^ the British in contact with the MiHsivSsippi. The right to the navigation of that river could only be derived from the treaty of 1783; and, if viewed as a matter of compromise, that right is much less valuable and important than the portion of the fish- eries which the United States would lose by the agreement, even on the terms proposed by them. Boundary. That portion of the article which relates to the country west of the Stoney Mountains, cannot be agreed to in its present shape. The American Picnipotentiftries cannot consent to throw in a common stncli that part only of the country to which the United States deny the claim of Great Britain, and which lies within the same latitudes as their own territories east of the Stone;' Mountains; thus, also, im- plying the exclusion of their citizens from the trade on the Northwest Coast of America, (north of 49°,) which they have enjoyed without interruption for a number of years> and as early as the British. Nor are they authorized to agree to expressions implying a renun- ciation of territorial sovereignty, although perfectly disposed not to insist on an extension of the line of demarcation to that country. They will propose either that the whole of the article relating to that subject, and immediately following the words, to the Stoney Mountains, should be omitted, inserting in lieu thereof a proviso similar to what had» on former occasions, been agreed to, viz: ** But nothing in the ** present article shall be construed to extend to the Noithwest " Coast of America, or to territories belonging to or claimed by ** either party on the continent of America westward of the Stoney Mountains.'* Or, that the proposed article should be amended in the manner stated in the enclosed copy. Slaves. The American Plenipotentiaries had hoped that this subject might have been arranged without a reference to a friendly power. If this cannot be done, they will agree to the reference; observing, however, that a change in the phraseology will be necessary, so as to bring the whole claim before the foreign sovereign. They are also authorized to agree that the Emperor of Russia should, by the article, be desig- nated as the umpire. [71] 187 se to any ssissippi. ved from lise, that r the fish- f even on 'est of the pe. The common ates deny latitudes , also, im- re- It tlie )ect, the orders of the General Government, it will be optional with tliem whether the cii'rks shall abstract, from the recmds of thirty years, those oi tiie iiatiiiaiizalion of ali«ns, which are interspersed among thorn, and transmit those abstracts to the government of the United States. But, Nupposing that every one of those Courts should comply "wltli )hc order, tiie lists must contain the names of all the British natural born subjects, (and for the years 179U to 1795, during which time no discrimination of birth-place was recorded, of all aliens,) wh(i have been naturalized for a period of thirty years, without p)»intiiigout those who were seamen, no specification of the profes- sion or calling of the parties ever having been required by law to be entered on the records. And those lists, although containing the names of many thousand persons, not seamen, would be defective, b> the total omission of the names of the minor children above men- tioitod, their names not having been directed, by law, to make part of the rec<»rd, and the burthen of the proof of their citizenship resting with tlmnKelves. The«e is b!it one other source of information from which the lists requind might be partially obtained. The collectors of customs have been required, by a law passed in 1796, to keep books, in which the names of seamen, citizens of tho United States, should, on their application, be entered. It is known that this law was never fully complied with, and that the returns are defective. But, even in the cases where the collectors have compli- ed with it, the registers must, necessarily, be incomplete, since no names were entered but on the application of the parties; besides which, the names of the native citizens were not, by the law, direct- ed to be distinguished from those of naturalized persons. From this statement of facts, it follows that, although partial lists may be compiled, which will contain the names of many naturalized British seamen,-those lists will still be very imperfect. If the con- dition now urged was complied with, the consequence would be, that aliens, naturalized prior to the treaty, who have become citizens of the United States on the faith of a public law, and arc, thereby, enti- tled to every political and civil right enjoyed by native citizens, (that of becoming President or Vice President of the United States only excepted) would, by a retrospective, and therefore unconstitutional ict, be deprived, not of a privilege merely political, but of the right of exercising the only profession they have, for the support of them- selves and their families. And minors, too, who have never known any other country but America, would be precluded f/om following the seas when they came to a proper age. The American Plenipotentiaries cannot assent to a condition in- volving such results. They are expressly bound, by their instruc- tions, whilst admitting, as a general principle, that neither govern- ment shall employ, in its public or private marine, the natural horn subjects or citizens of the other country, to except from its opera- tion all those who shall have been natui'alized prior to the treaty. That exception has been mutually assumed, as one of the foundations 143 [71 ] of the agreement; and the effect of the condition alluded to, would necessarily b<', that a portion only of the persons thus previouMJy na* turalizcd in the United States, would be embraced by theexcep Jon. The American Plenipotentiaries beg leave to add, that the condi- tion appears to them unnecessary. Accordiuje; to that which thejr propose, every British natural born subject, not included in the lists* and claiming to be employed as a seaman on board an American ves- sel, must adduce proofs of his having been naturalized prior to the exchange of ratifications, lie must produce either the original cer- titicaie of his naturalization, or an authentic copy, attested as such by the proper Court. If claiming as a minor, by virtue of his la- ther's naturalization, he must, in addition, produce legal proofs of the fact. In the rases for which the condition is intended to provide, proofs may always be given, similar to those which, in every case, would be admitted as conclusive by the laws of Great Britain, as well as by those of the L'nited States. Finally, the right reserved to either party of annulling the agree- ment at will, atftirds security in this case, as well as in all others. This reservation, which had not been contemplated by the Govern- ment of the United States, has been acceded to by their Plenipoten- tiaries, in order to remove every objection to the arrangement, and to avoid the necessity of entering into details respecting the measures necessary to carry it into effect. Great Britain being, thereby, ef- fectually secured against every risk, and holding in her own hands a complete remedy against deviations from the tt ems of the compact in all cases, no necessity appears to exist for an av'Iditioual security on this particular point. N3. 9* Protocol of the seventh Conference between the American and Britisk Plenipotentiaries^ held at fFhitehaU,on the I3th of October, 1818. Present — Mr. Gallatin, Mr. Rush, Mr. Robinson, Mr. Goulburn. The British plenipotentiaries acquiesced in the amendment pro- posed at the preceding conference by the American plenipotentiaries, in the article respecting captured slaves, except as far as related to the insertion, :n the article, of the name of any particular power. They biought forward new articles, (A, B, C, D, E,) respecting the fisheries, tiie boundary, impressment, and mealtime points, and accompaniid tlie aiticles D, w ith the annexed memorandum K. They agr-' i! !•: tlie omission of the articii* respecting the Mississippi. It was agreed to meet again on Motuiay, the 19th instant. ALBERT GALLATIN, RiCHAUn RUSH, FUEDKRICK JOHN ROBINSON, HENKY GOULBURN. , would umIv na« |uion. condU rli they lie listn, can \es- to tho rial rep- as such f his fa- root's of providr, ry case, tain, as le aji^ree- nthei'S. Govern- nipoten- >nt, and nt'asures reby, ef- hands a II pact in urity on British 818. snt pro- tiai'iesy ated to «er. iperting ts, and Tlicy »0N, [71] ARTICLE A. 148 Whereas differencps have arisen respectin)!^ the liberty claimed by tho United States fur the inhabitants thereof ti» take, dr^, and cure fish, on certain coasts, bays, liarb<»rs, and creeks, of his Britannic Majes- ty's dominions in America: It is agreed between the high contracting pat ties, that the itihabitants of the said United States shall have, for ever, in common with the subjects of his Britannic Majesty, the liber- ty to take fish of every kind on that part of i he southern coast of New- foundland which extends from Cape Ray, to the Hamian Islands, on the western and northern coast of .' ewfoundland, I'lom the said Capo Ray, to the Quinpon islands, on the shores of the Maji^dalen islands, and also on the coasts, bays, harhois, and creeks, fioui Mount Joiy, on the southern coast of Labrador, to and throuji^'h the streights of Bell Isle, and tlicnce, northwardly, indefinitely, along the coast, without prejudice, however, to any of the exclusive rights of the Hudson's Bay company; and that the American lisherinen shall also have liberty, forever, to dry and cure fish in any ot the unsettled bays, harboi-s. and creeks, of the southern part of the coast of Newfound- land, liereabove described, and of the coast of Labrador; but so soon as the same, ur any portion thereof, shall be settled, it shall nut be lawful for the said fishermen to dry or cure fish at such portion so settled, without previous agreement for such purpose with the inha- bitants, proprietors, or possessors of the ground. And the United States hereby renounce, for ever, any liberty heretofore enjoined op claimed by the inhabitants thereof, to take, dry, or cure fish on or within three marine miles of any of the coasts, bays, creeks, or har- bors, of his Britannic M^tjesty's dominions in America, not included within the above mentioned limits: Provided^ howevert That the American fishermen shall be admitted to enter such bay ; or harbors for the purpose of shelter, and of repairing damages therein, of pur- chasing wood, and obtaining water, and for no other purpose what- ever. But they, shall be under such restpictions as may be necessary to prevent their taking, drying, or curing fish therein, or in any other manner whatever abusing the privileges hereby reserved to them. ABTICLE B. It is agreed that a line, drawn from the most northwestern point of the Lake of the Woods, along the forty-ninth parallel of north lati- tude, or if the said point shall not he in the forty-ninth parallel oC north latitude, then, that a line, drawn from the said point, due north or south, as the case maybe, until the said line shall intersect the said parallel of north latitude, and from the point of such intersection, due west, along and with the said parallel, shall be the line of demarca- tion between the territories of his Britannic MajevSty and those of the United States; and that the said line shall form the southern boundary of the said territories of his Britannic Majesty, and the northern boundary of tlie territories of the United States, from the Lake of the Woods to the Stoney Mountaitis. But nothing in the pre- 144 [71] I) ' cedinj^ part of this article BhRll be construed to extend to the north- west coast of America, or to territories belorigiiija; to. or claimrd by, either party , on the continent of America westward of the Stnney M(»m- tains; and any such country as may be claimed by eiMier party, umt- 1%'ard of the Stoney Mountains, shall, together with its harbors, bays» and creeks, and the navigation of all rivers within the same, be free and open to the vessels, subjects, or citizens, uf the two povaers. res- pectively, for the purposes of trade and commerc. It being well understood that nothing contained in this article shall be taken to affect the claims of any other power or state to any part of the naid country, the only object of the two high contracting parties being to prevent disputes and differences between themselves. ARTICLE C. His Majesty the Ring of the United Kingdom of Great Britain, &c. tk,c. kc. and the United States of America, animated with an equal desire to prevent, bv conventional regulations, the recurrence of inconveniences, which have heretofore arisen from the employment of the natural born subjects of His Britannic Majesty in the public or private marine of the United States, and from the employment of the natural born citizens of the United States in the public or private marine of His Britannic Majesty, have nominated Plenipotentiaries to negotiate a convention for this desirable object. His Majesty the Ring of the United Ringdom of Great Britain and Ireland, fee. &c. &c. has nominated the Right Honorable Frede- rick John Robinson, &c. &c. &c. and Henry Goulburn, Esquire, &c, &c., and the President of the United States has nominated Albert Gallatin, Esquire, kc. kc. kc. and Richard Rush, Esquire, kc. kc, kc. who, having exchanged tlieirfull powers, found in good and due form, have agreed upon, and signed, the following articles: ARTICLE 1. The high contracting parties engage and bind themselves to adopt* respectively, without delay, the most effectual measures for excluding, respectively, from serving either in their public or private marine, the natural born subjects and the natural born citizens of the other party, that is to say: His Majesty the Ring of the United Ringdom of Great Britain and Ireland, for excluding the natural born citizens of the United States from serving either in the public or private marine of his dominions; and the United States, for excluding the natural born subjects of His Britannic Majesty from serving either in the public or private marine of the United States; and such measures, when adopted, shall be immediately communicated by each party to the other: Provided, always. That nDthiiig contained in this article shall be understood to apply to any seamen, being natural born subjects of His Britannic Majesty, or natural born citizens of the United States, who have been naturalized by the respective laws of either Power, previous to tlie signature of the present Convention. [711 145 e north- iiiiri) liy, y Mo>'t»- ty, vv«t- I'H, bays ', bo f'rpe ors. I'ps- ing well tuken to tilC HHld being to Britain, with an tcurrence [iloynient le public yment of ir private tentiaries t Britain le Fiede- [uire, &c. >d Albert Aic. &c. and due to adopt) (eluding, irine, the er ])artyy of Great s of the iiarine of ral born le public es, when to the icie shall bjerts of d States, Power, ARTICLE 2. The high contracting parties engage to deliver, each to the other, within eighteen months from the ratification of the pi'csent Conven- tion, a list, as far %s it may be found practicable to obtain it, con- taining the names and description of the seamen falling within the said exception, specifying the places of their birth, and the date of their becoming naturalized. And it is further agreed, that no person, whose name shall not be included in the said jists, shall be deemed to fall within the said exceptions. t> ARTICLE 3. It is, however, agreed, that, if one of the high contracting parties shall, Ptiiny time during the continuance of this Convention, think fit to no^fiy to the other that it does not insist upon the exclusion of its natural born subjects, or natural born citizens, from the public or private marine of the other party, it shall be competent to the said other party, notwithstanding the engagement .'et forth in the first article of this Convention, no longer to exclude the said subjects or citizens: Provided always, that, whenever the Power which has made the said notification shall recal the same, its recal shall be imme^ diately communicated to the other contracting party; and, on receipt of such communication, the Power receiving the same shall, forthwith, make it known, in the most public and official manner, and shall use its utmost endeavors to restrain the said subjects or citizens of the other party from further serving in its public or private marine, and shall enforce the exclusion of such of the said subjects or citizens of the other power as may then be in its service, as if no such stipula- tions as are contained in the preceding part of this article had been agreed to. ARTICLE 4. It is agreed by the high contracting parties, that, during the con- tinuance of the present Convention, neither power shall impress or forcibly withdraw, or cause to he impressed or forcibly withdrawn, any person or persons from the vessels of the other party, when met upon the high seas, or upon the narrow seas, on any plea or pretext whatsoever: Provided always, that nothing contained in this article shall be construed to impair or affect the rights of either power to impress, or forcibly withdraw, or cause to be impressed, or forcibly withdrawn, its natural born subjects or natural born citizens, not falling within the exceptions mentioned in the preceding articles, from any vessel being within its ports, or witliin its ordinary mari- time jurisdiction, as acknowledged by the law of nations; and also provided, that nothing herein contained shall be construed to impair or affect the established right of search, as authorized in time of war by the law of nations. 19 146 [71] A'^tTlCLB 5. The high contracting parties have agreed to extend the duration of the present treaty to ten years, and they reserve to themselves to con- ce t as to its renewal, at such convenient period^ previous to its ex- pi ation, as may ensure to their i*espective subjects or citizens, as aforesaid, the uninterrupted benefit which they expect from its jiro- visions: Provided, always, that either power may, if it deem it expe- dient, upon giving six months' previous notice to the other, wholly abrogate and annul the present treaty. ARTICLE 6. It is agrerd that nothing contained in the preceding articles shall be undtTstood to impair or affect tlie rights and principles on which the high contracting parties have lieretofore acted in respevi to any of the matters to which these stipulations refer, except so far as the same shall have been modified, restrained, or suspended, by the said articles. And whenever the jircsent convention shall cease to be in operation, either by the expiration of the term for which it is enacted, without any renewal of the same, or by the abrogation thereof by ei- ther of the contracting parties, as herein before provided, or (which God forbid) by any war between the high contracting parties, each of the said high contracting parties shall stand, with respect to the other, as to its said rights and principles, as if no such convention had ever been made. D. AUTICLE (a.) Whenever one of the high conti-acting parties shall be at war, any vessel of the otiier party, sailing for a port or place belonging to an enemy of the party at war. without knowing that the sanie is ! I blockaded, may be turned away from such port or place; but she { shall not be detained on account of such blockade, unless, after such notice, she shall again attempt to enter. And, in order to determine >vhat characterises a blockade, it is agreed tliat that denomination shall a|)|)ly only to a port where there is, by the disposition of the power which blockades it with a naval force, stationary or sutticient- !y near, an evident danger in entering. i; I ARTICLE (&.) I In order to regulate what is in future to be deemed contraband of I Mar, it is agreed that, under the said denomination shall be com- prised all arms aiid implements, serving for thepurp)ses of war, by ' land or by sea^ such as cannon, mortars, muskets, pistols, and other t II i [71 3 147 fire arms, petards^ bomb?) grenades, carcasses, saucissesi, rocket^, carriages tor cannon, firelocks, musket-rests, bandoliers, gunpow- der, saltpetre, niatcbballs, and bullets, helmets or bead pieces, cui- rasses, swords, pikes, balberts, lances, javelins, saddles, bridles, and other horse furniture, bolsters, pouches, belts, and, generally, all other implements of war; as, also, timber for shipbuilding, tar, or rosin, copper in sheets, sails, hemp, and cordage, and, generally, whatever may serve directly to the equipment of vessels, unwrought iron and planks only excepted; and all the above articles are hereby declared to be just objects of confiscation, whenever they are at- tempted to be carried to an enemy. In all cases of unfounded detention, or other contravention of the reg»Vest Indies and the United States of America; but they stated that they could not consent to sign any article upon that subject, unless the American Plenipotentiaries were prepared at the same time to accede to articles which should put the intercourse between Bermuda and the United States, as well as between Nova Scotia and New Bruns- wick and the United States, upon the footing contemplated in the article originally offered by the British Government, with respect to Bermuda; and in that respecting Nova Scotia and New Brunswick, brought forward at a former conference by the British Plenipoten- tiaries. The American Plenipotentiaries declared that their instructions did not authorize them to sign the West India article, as proposed by the British Plenipotentiaries, but agreed to take the whole question, ad referendum, to their Government. It was agreed to meet on Friday, the 20th instant. ALBERT GALLATIN, RICHARD RUSH, FREDERICK JOHN ROBINSON, HENRY GOULBURN. F. It is agreed that the vessels of the United States shall have liber- ty to import from *[any of the ports of the United States to which • The words within the l)r;ickets were not inserted, as is supposed by an accidental omission, in the copy lianded in by the British Plenipotentiaries. ^ S ' [71 ] 151 any foreign vessels are permitted to come, to] any of the ports of his Britannic Majesty's dominions in the West Indies, which shall be open to the vessels of any other foreign power or state, tobacco, pitch, tar, turpentine, staves, headings, shingles, horses, mules, poul- try, live stock, and provisions of all sorts, except salted provisions, of any description, whether meat, ii^h, or butter, such articles being of the growth, produce, or manufacture, of the United States; and the said vessels shall also have liberty to import, in the same manner, any other articles of the growth, produce, or manufacture, of the United States, the importation of which into the above-mentioned ports shall not be entirely prohibited from every other foreign coun- try or place. The vessels of the United States shall likewise have liberty to ex- port, from any of the aforesaid ports of his Britannic Majesty's do- minions in the West Indies, to any of the aforesaid ports of the United States, rum, molasses, and salt, being of the growth, produce, or mar^ifacturc, of any of his Britannic Majesty's abovementioned domi- nions in the West Indies; and the said vessels shall also have liberty to export, in the same manner, any other articles of the said growth, produce, or manufacture, the exportation of which, in foreign vessels, from the said ports, to any other foreign country, or place, shall not be entirely prohibited. Britisii vessels shall in the same manner have liberty to import from any of the aforesaid ports of his Britannic Majesty's dominions, to any of the ports of the United States, rum, molasses, and salt, be- ing of the growth, produce, or manufacture, of his Britannic Majesty's abuvcmentioned dominions in the West Indies; and British vessels shall also have liberty to import, in the same manner, any other arti- cle uf the said growth, ()roduce, or manufacture, the exportation of which from the said dominions of his Britannic Majesty to the Unit- ed States, shall be allowed, as aforesaid, in vessels of the United States. British vessels shall likewise have liberty to export, from any of the aforesaid ports of the United States, to any of the aforesaid ports of his Britannic Majesty's dominions in the West Indies, tobacco, pitcli, tar, turpentine, staves, headings, shingles, horses, mules, poultry, live stock, and provisions of all sorts, except salted provi- sions of Any description, whether meat, fish, or butter, such articles^ being of the growth, produce, or manufacture, of the United States; and the said vessels shall also have liberty to export in the same manner, every other article, being the growth, produce, or ma- nufacture, of the United States, the importation of which into the said British poi'ts, from the said United States, shall be allowed in ves- sels of the United States. The vessels of either of the two parties, employed in the trade provided for by this article, shall be admitted in the ports of the other, as above mentioned, without paying any other or higher du- ties, or charges, than those payable in the same ports by the vessels of such other party; and they shall have liberty, respectively, to touch, during the same voyage, at ono or more of the abovcincn- ccidental 152 f [71] ^^ *' tioned ports of the other party, for the purpose of disposing of their inward, and of taking on board their outward cargoes. No other or liigher duties shall be paid, on the importation into the United States, of any of the articles which may be imported therein, by virtue of this article, when imported in British vessels, than when imported in vessels of the United States; nor when imported directly from the above mentioned ports of His Britannic Majesty's domi- nions, than when imported in a circuitous manner. And no other or higiierduties shall be paid on the importation, into any of the above- mentioned ports of His Britannic Majesty's dominions, of any of the articles which may be imported therein, by virtue of this article, Avhen imported in vessels of the United States, than when imported in British vessels; nbr when imported directly from the United States, than when imported in a circuitous manner. It is agreed, moreover, that no other or higher duties shall be charged upon any of the above mentioned articles, being of the growth, produce, or manufacture, of the two countries, respectively, when imported by virtue of this article, on the one hand, into the said ports of His Britannic'^a- jcsty's Dominions, or into the ports of the United States, on the other, than may be charged on similar articles when imported from any otlier foreign country; but His Britannic Majesty reserves to himself the right to impose higher duties upon all articles so allowed to be imported into the said British ports from the United States, than are, or may be chargeable, upon all similar articles, when im- ported from any of His Majesty's dominions: Provided, that in such case, such similar articles shall be of the growth, produce, or manu- facture of His Majesty's possessions. The same duties shall bo paid, and the same bounties shall be allowed, on the exportation of any articles^ which may, by virtue of this article, be exported, ei- ther from the said ports of His Britannic Majesty's dominions, in the West Indies, to the United States, as from the United States to the above mentioned ports, whether such exportation shall be in ves- sels of the United States, or in British vessels ii No. 12. Protocol of the ninth Conference between the American and British Pie- nipotentianeSf held at Whitehall^ on the ZOth of October, 1818. Present—Mr. Gallatin, Mr. Hush, Mr. Robinson, Mr. Goulburn. The protocol of the preceding conference was agreed to and signed. The Plenipotentiaries tlien proceeded to sjgn the Convention. ALBERT GALLATIN, RICHARD RUSH, FREDERICK JOHN ROBINSON, HEiNRY GOULBURN. g of their n into the I therein, lan when ] directly 's domi- no other he abovc- my of the IS article, imported ;d States, noreover, the above lufacture, ue of this finic'Ma- 9, on the ftcd from iserves to ) allowed id States, when im- \i in such or manu- shall bo 'tation of Qfted, ei- nions, in States to le in ves- Itish Pie- 1818. f id signed. >n. NSON,