American Note No. 6, in answer to British Note No. 6. Ghent, November 10, 1814. The undersigned have the honour to acknowledge the receipt of the note addressed to them by His Britannic Majesty's Plenipotentiaries, on the 31st ultimo.

The undersigned had considered an interchange of the project of a treaty as the course best calculated to exclude useless and desultory discussion, to confine the attention of both parties to the precise object to be adjusted between the two nations, and to hasten the conclusion of the peace so desirable to both. Finding, in the note of the British plenipotentiaries of the [21st] ultimo, a mere reference to the points proposed by them in the first conference, with the offer of assuming the basis of uti possidetis, on which the undersigned had in substance already declined to treat; they did not consider it as the project of a treaty presented in compliance with their request. They proposed, in their note of the 24th ultimo, that the exchange of the two projects should be made at the same time. And it is not without some surprise, that the undersigned observe, in the note to which they now have the honour of replying, that the British plenipotentiaries consider their note as containing the project of a treaty, to which the undersigned are supposed to be pledged to return a counter-project.

Believing that where both parties are sincerely desirous of bringing a negotiation to a happy termination, the advantage of giving or of receiving the first draft is not of a magnitude to be made a subject of controversy, and convinced that their government is too sincerely desirous of that auspicious result to approve of its being delayed for a moment upon any question of etiquette, the undersigned have the honour to enclose herewith the project of a treaty, accompanied with some observations upon several of the articles, which may more fully elucidate their object in proposing them.

The British plenipotentiaries stated, in their last note, that they had no other propositions to offer, nor other demands to make, than those contained in their note of the 21st ultimo, which, with the reference to their former declaration respecting the fisheries, contains only two propositions, viz: that of fixing the boundary from the Lake of the Woods to the Mississippi; and that of adopting, with respect to the other boundaries, the basis of uti possidetis. *[In answer to the declaration made by the British plenipotentiaries respecting the fisheries, the undersigned, referring to what passed in the conference of the 9th August, can only state that they are not authorized to bring into discussion any of the rights or liberties which the United States have heretofore enjoyed in relation

* Paragraph drawn by Mr. Clay, and inserted at his proposal,

thereto. From their nature, and from the peculiar character of the treaty of 1783, by which they were recognised, no further stipulation has been deemed necessary by the government of the United States, to entitle them to the full enjoyment of all of them.] The undersigned have aready, in their last note, explicitly declined treating on the basis of uti possidetis. They cannot agree to any other principle than that of mutual restoration of territory, and have accordingly prepared an article founded on that basis. They are willing even to extend the same principle to the other objects in dispute between the two nations; and in proposing all the other articles included in this project, they wish to be distinctly understood, that they are ready to sign a treaty, placing the two countries, in respect to all the subjects of difference between them, in the same state they were in at the commencement of the present war; reserving to each party all its rights, and leaving whatever may remain of controversy between them, for future and pacific negotiation.

The British plenipotentiaries having, in their note of the 4th of September, communicated the disposition of their government to receive favourably a proposition which should acknowledge the boundary from the Lake of the Woods to the Mississippi, or to discuss any other line of boundary which might be submitted for consideration, the undersigned answered, that as soon as the proposition of Indian boundary should be disposed of, they would have no objection, with the explanation given by the British plenipotentiaries, to discuss the subject.

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The government of the United States had, prior to the acquisition of Louisiana, been disposed to agree to the boundary, from the Lake of the Woods to the Mississippi, from a wish not only to arrange that subject, but also to settle, in a definitive manner, the differences respecting the boundary and islands in the Bay of Passamaquoddy and its assent to the proposed stipulation of that boundary was refused on account of the acquisition of Louisiana, the boundaries of which might have been affected by it. The undersigned cannot agree to fix the boundaries in that quarter, unless that of Louisiana be also provided for in the arrangement. They accordingly submit for consideration the article on that subject which appears to have been agreed on between the British and American commissioners in the project of convention of the year

1807.

In respect to the intended review of the other boundaries between the British and American territories, with the view to prevent future uncertainty and dispute, the undersigned propose the reference of the whole subject to commissioners: and they present accordingly five articles, drawn on the principles formerly adopted by the two powers for settling the question respecting the river St. Croix.

The article already agreed on, respecting the Indian pacification, is included in the project of the undersigned. In conformity with

their former suggestion, they offer another, intended to restrain the hostilities, and to prevent the employment, of the savages in war, and one reciprocally granting a general amnesty.

The only other subjects which have been presented by the undersigned as suitable for discussion, were those respecting seamen, blockade, and indemnities.

Keeping in view the declaration made by lord Castlereagh, in his note of the 29th of August, 1812, to Mr. Russell, and in his letter of the 4th November, 1813, to Mr. Monroe, the undersigned propose only a temporary article, intended, without affecting the rights or pretensions of either country, to attempt to accomplish, by means less liable to vexation, the object for which impressment has hitherto been thought necessary by Great Britain. The proposed agreement being purely conditional, and limited in duration, each party will be bound only so far, and so long, as the other shall fulfil its conditions; and at the end of the term fixed for the duration of the article, or whenever either party may fail to perform his engagement, the rights of both will be as valid and entire as they were before the agreement.

The article respecting blockades is believed to be in perfect conformity with the principles of the law of nations, as acknowledged by both nations. The definition is borrowed from the treaty of 1801, between Great Britain and Russia, and the residue of the article from the unratified treaty of 1806, between Great Britain and the United States.

That relating to indemnities, consists of two parts: the first for irregular seizures, captures, and condemnations of American property, contrary to the established laws and usages of nations, previous to the commencement of the war; and the second for similar irregularities committed during the war, and contrary to the known and established usages of war, between civilized nations. The cases of the first apply exclusively to claims of the citizens of the United States, because, the causes of such claims were then confined, by the relative situation of the parties, to one side. It is presumed, that the British government will itself be sensible of the justice of making indemnity for injuries committed by its officers, in violation of principles avowed and recognised by itself; particularly in the letter from lord Hawkesbury to Mr. King, of 11th April, 1801, and in that from Mr. Merry to Mr. Madison, of 12th April, 1804; and that the same justice will be admitted, in cases where the territorial jurisdiction of the United States was violated, and where the injury was occasioned by the retrospective effects of the British Orders in Council, of June, 1803, as to the return from the contraband voyages, and of the Orders in Council of January 7, 1807.

With regard to the Orders in Council, of November, 1807, and of April, 1809, the undersigned will observe, that these having been issued solely on the ground of retaliation against France, and their object having altogether ceased, it is just to indemnify the

citizens of the United States for losses experienced by the effect of measures intended to operate against the enemy of Great Britain, and which fell almost exclusively on a country, which was no party to the war. The United States have never ceased, and at this time continue to demand, from France, indemnity for the losses they have experienced by the effect of the decrees of her government, in violation of the law of nations.

The cases of the second part of this article apply equally to both the belligerent parties. They have been, during the war, subjects of crimination on both sides. The American government can give no stronger and more signal proof of its disapprobation of every departure, under colour of its authority, from the established usages of legitimate warfare between civilized nations, than by the offer of mutual reparation.

The article fixing a limitation for captures at sea, does not seem to require any comment.

The undersigned present their entire project in this specific form, with the full expectation of receiving from the British plenipotentiaries their explicit answer respecting all the articles embraced in it, and a project also reduced to specific propositions, and embracing all the objects which they intend to bring forward. The undersigned renew to the British plenipotentiaries the assurance of their high consideration.

To the Plenipotentiaries of His Britannic

JOHN QUINCY ADAMS,
J. A. BAYARD,
HENRY CLAY,

JONATHAN RUSSELL,
ALBERT GALLATIN.

Majesty, &c. &c. &c. Ghent,

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Copy of a project of a treaty of peace submitted by the American to the British Plenipotentiaries at Ghent, on the 10th day of Nov. 1814.

Treaty of Peace and Amity between his Britannic Majesty and the United States of America.

His Britannic Majesty and the United States of America desirous of terminating the war which has unhappily subsisted between the two countries, and of restoring, upon principles of perfect reciprocity, peace, friendship, and good understanding, between them, have for that purpose, appointed their respective plenipotentiaries, that is to say His Britannic Majesty on his part has appointed the right honourable James Lord Gambier, admiral of the White Squadron of his Majesty's fleet, Henry Goulburn, Esquire, a member of the Imperial Parliament and under Secretary of State, and William Adams, Esq. Doctor of Civil Laws; and the President of the Unit

ed States, by and with the advice and consent of the Senate thereof, has appointed John Quincy Adams, James A. Bayard, Henry Clay, Jonathan Russell, and Albert Gallatin, citizens of the United States, who, after a reciprocal communication of their respective full powers, have agreed upon the following articles:

ARTICLE I. There shall be a firm and universal peace between his Britannic Majesty and the United States, and between their respective countries, territories, cities, towns, and people of every degree, without exception of persons or places. All hostilities both by sea and land shall immediately cease. All prisoners on both sides shall be set at liberty. All territory, places, and possessions, without exception, taken by either party from 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 artillery or other public property, or any slaves or other private property; and all archives, records, deeds, and papers, either of a public nature or belonging to private persons, which, in the course of the war, may have fallen into the hands of the officers of either party, shall be forthwith restored and delivered to the proper authorities and persons, to whom they respectively belong.

ARTICLE II. Immediately after the respective ratifications of this treaty, orders shall be sent to the armies, squadrons, officers, subjects, and citizens of the two powers, to cease from all hostilities. And to prevent all causes of complaint which might arise on account of the prizes which may be taken at sea after the signing of this treaty, it is reciprocally agreed that the vessels and effects which may be taken in the Channel and in the North Seas af. ter the space of from that of the signature hereof, shall be restored on each side: that the term shall be from the Channel and the North Seas to the Canary Islands, inclusively, whether in the ocean or the Mediterranean: of- from the said Canary Islands to the equinoctial line or equator, and of in all other parts of the world, without exception.

ARTICLE III. Whereas that portion of the boundary between the dominions of his Britannic Majesty in North America, and those of the United States, from the mouth of the river St. Croix, (as the said mouth was ascertained by the commissioners appointed for that purpose,) to the bay of Fundy, has not yet been regulated and determined; and, whereas, the respective rights and claims of his Britannic Majesty and of the United States, to the several islands in the bay of Passamaquoddy, and to the island of Grand Menan, have never been finally adjusted and determined, the said islands being claimed on the part of the United States as lying within twenty leagues of their shores, and south of a line drawn due east from the mouth of the river St. Croix; and on the part of his Britannic Ma. jesty, as having been, at or before the former treaty of peace, between the two boundaries within the limits of the province of Nova Scotia In order, therefore, finally to decide these several ques