Europe or elsewhere, by citizens of the United States, with enemies' colonies beyond the Cape of Good Hope."

ARTICLE XII.

Omit the last paragraph.

And the following words in the first paragraph, "except for the purpose hereafter mentioned,"

ARTICLE XIII.

In the first paragraph of the article, omit the words "as favourably as the course of the war then existing may possibly permit towards the most friendly power that may remain neuter," &c. and the words "as possible," so as to make it read thus," according to the acknowledged principles and rules of the law of nations, and as favourably, moreover, as the course of the war then existing may possibly permit towards the most friendly power that may remain neuter."

ARTICLE XVII.

To be struck out, and the following inserted:

The ships of war and privateers of the two nations, as well as their prizes, shall be treated in their respective ports as those of the nation most favoured.

ARTICLE XIX.

The two last paragraphs to be struck out.

ARTICLE XXIII.

To stand thus: "It is agreed that in case either party shall hereafter grant any additional advantage in navigation or trade to any other nation, the subjects or citizens of the other party shall fully participate therein freely, where it is freely granted to such other nation, or yielding the same compensation where the grant is conditional."

ARTICLE XXVI.

Period to be five years.

INDEMNITY ARTICLE.

Complaints having been made by divers merchants and others, citizens of the United States, that during the war

in which his majesty is engaged, they have sustained loss and damage by reason of the irregular or illegal captures or condemnations of their vessels and other property, under colour of authority, or commissions from his majesty, contrary to the tenour of a communication from lord Hawkesbury to Mr. King, of the 11th April, 1801, of which a copy is annexed to this treaty, or contrary to the tenour of a letter from Mr. Merry to Mr. Madison, of the 12th April, 1801, of which also a copy is hereto annexed, or otherwise contrary to the known and established rules of the law of nations; and the said merchants and others having further complained that full and complete redress for the said losses and damages has not been, and cannot be, for various causes, had and obtained, in the ordinary course of judicial proceedings; his majesty agrees that he will, without delay, cause the most effectual measures to be taken in concert with the United States, for an impartial examination of the said complaints; and that he will cause full and complete reparation to be made thereupon to the parties entitled, as justice and equity, and the nature of the respective cases shall appear to require.

SIR,

LONDON, OCT. 22, 1807.

We have the honour to transmit enclosed a duplicate of our joint letter to you by doctor Bullus, together with a copy of the project of alterations to which it refers, and which could not be prepared in time to be sent with the original. We also enclose a printed copy of the act of parliament, relative to an intercourse by sea between the United States and the British North American colonies, of which a manuscript copy has already been transmitted.

Since the departure of doctor Bullus, communications have taken place between Mr. Canning and ourselves, with which it is proper that you should be made acquainted.

On the 15th instant we received from Mr. Canning a note requesting a conference on the following Saturday, (the

17th,) accompanied by a note, of which a copy is enclosed, explanatory of the purpose for which the conference was desired. Our reply was merely that we should wait on him at the time proposed. Mr. Canning opened this conference by observing that, before he stated the view which his government had taken of the subject to which his note alluded, he had to request, if we saw no objection to it, an explanation of that part of our official note of the 24th of July, which, speaking of the written declaration of the British commissioners of the 31st of December last, suggests an opinion that the occasion which produced it "does not now appear to exist as then supposed." He then read the concluding paragraphs of the declaration, and observed that it was with a view to the reservation contained in them, that his inquiry, which we might be assured had the most friendly motive, was made. We replied by stating with exactness the real foundation of the opinion in question, which, as he seemed to wish it, we promised to repeat in a note to be sent to him without delay. A copy of the note afterwards delivered to him in pursuance of this engagement, being among the enclosures, we beg leave to refer to it for the substance of what was stated by us upon this point in conversation.

Mr. Canning closed this interview by saying, that he feared it would be necessary to postpone what he had farther to communicate, until another opportunity, and requested us to meet him again on Monday the 19th. Supposing that he was not in town on Sunday, and that nothing would be gained by sending in our promised note, before the time appointed for our adjourned conference, we took the note with us, and delivered it ourselves on Monday. Mr. Canning appeared to be satisfied with the explanation, to which we thought it our duty strictly to confine ourselves; but he did not seem to be prepared to proceed with the conference, and intimated that he would be glad to meet us again for that purpose, on the Thursday or Friday following, and would give us notice which of these days would be most convenient.

A proclamation, relative to the searching of the national and merchant vessels of neutral powers for British seamen, having appeared in the London gazette, on the 17th, with which the newspapers already forwarded and now sent will make you acquainted, we thought this a suitable occasion, of which it was incumbent on us to take advantage, for leading to an explanation of that proceeding. We began by expressing a hope that this paper was not intended to shut the door against negotiation and concession, on the subject of impressment, on board the merchant vessels of the United States, upon which Mr. Canning already knew the opinion and feeling of our government. Mr. Canning replied, that the proclamation was not intended to have that effect, that it was simply a statement of the principles and practice, upon the points to which it relates, which the British government understood to be warranted by publick law, and long established usage; that such a statement did not exclude the idea of amicable discussion and adjustment with a power which favoured a different doctrine, and sought for the introduction of a different practice; that as it did no more than declare with truth and precision the past and actual state of their rules upon these interesting points, no more was done by it to shut the door against negotiation and arrangement with the United States, than would have been done without it by the mere operation of the rules themselves, of which it was declaratory; that while in this view it could have no inconvenient effect, it was manifestly useful, and imperiously required in another; that it was indispensably necessary for the information of their naval commanders, especially upon distant stations, who, after what had lately happened, would, without some such guide, be at a loss to know how to regulate their conduct, and would thus be exposed to the perpetual hazard either of falling short of their duty or of exceeding it, in matters of the highest moment; that it was so far from being meant to wear an unfriendly appearance, or to increase the difficulties in the way of a good

understanding with our country, that it was believed by his majesty's government to exhibit their disposition to conciliation in a way not to be mistaken, and to facilitate the establishment of such an understanding; that the proclamation had been prepared nearly three months ago, but had not been published until it was ascertained that the subject of it could not be affected by any negotiation of which the result could soon be known; that the effect of Mr. Rose's mission, whatever might be hoped, could not appear for some months, and that in the mean time it seemed to be proper, that without changing the state of things to the prejudice of either party, their navy should not be left to conjecture their duty on subjects of such delicacy and importance, upon which so much had occurred to produce misconception and irritation; that it was impossible to consider in connection his (Mr. Canning's) first note to Mr. Monroe, upon the receipt of intelligence of the affair of the Leopard and Chesapeake, the promptitude with which the king's government had disavowed an intention of asserting a claim to search national ships for deserters, the explicit prohibition of such a practice in the proclamation, at a time when it was very generally maintained by the press, and notoriously countenanced by publick opinion, as lawful, expedient and essential, and the mission which was about to proceed to the United States, without being persuaded that, in the transaction in question, the views of government were of the most friendly character.

These explanations were followed by others of a less satisfactory description. He said in the progress of the conversation, that he ought not to leave us under the impression, that there was any prospect that the government of Great Britain could recede from its declared pretensions relative to searching on the high seas the merchant ships of neutral nations for British seamen; that the present state of the world, and the nature and mode of that hostility which France was now waging against this country, of which the great instrument was avowed to be the systematic exclusion of the trade, productions, and manu