Relations with Great Britain.

land, and have the honor to enclose to their Lordships a copy of the act of Congress which they requested in their interview yesterday,

From Lord Holland and Lord Auckland.

DOWNING STREET, Sept. 4, 1806. GENTLEMEN: We have received a copy (sent by you, at our request,) of the "act of Congress to prohibit, from and after the 15th of next November, the importation into the territories of the United States of a very large description of goods, wares, and merchandise, from any port or place situated in Great Britain or Ireland."

On a full consideration of that act, we think it our duty to express our earnest hope and expectation that some means may be found to suspend the execution of a measure so opposite in its temper and tendency to the disposition and views with which our pending negotiation has been commenced and is carrying on.

will be happy to meet you and Mr. Pinkney tomorrow at the Foreign Office, at half-past eleven o'clock. I have the honor to be, dear sir, &c. JOHN ALLEN.

JAMES MONROE, Esq., &c.

The American Ministers to Lord Holland. SEPTEMBER 10, 1806. The undersigned Ministers Extraordinary and Plenipotentiary of the United States of America, present their compliments to Lord Holland and Lord Auckland, and have the honor to inform them that they will hasten to transmit to their Government their Lordships' note of the fourth instant, the receipt of which has already been acknowledged.

The undersigned consider it their duty to assure Lord Holland and Lord Auckland, that nothing is more remote from the views of their Government than to oppose any obstacle to a fair and satisfactory conclusion of the present negotiation. They are persuaded, if all the circumstances which have occurred between the two Governments since the commencement of the

That measure, unless suspended, will take effect, if not before our discussions can be closed, at least before it is possible that their result can be known in the United States; and would obviously lead to the necessity of proposing to Par-present war are taken impartially into consideraliament similar steps on the part of this country, by which mutual irritation would be excited, and fresh impediments created in the way of such a final adjustment as, we trust, is mutually desired.

To Lord Holland and Lord Auckland.

SEPT. 4, 1806. Ten o'clock, P. M. Mr. Monroe and Mr. Pinkney present their compliments to Lord Holland and Lord Auckland, and have the honor to request an interview with their Lordships, at as early a moment as shall suit their convenience, on the subject of their note of this day, which they have just received. In the meantime, the delay suggested, in the postscript of their Lordships' note, of the sailing orders of the North American mail, will be extremely agreeable to Mr. Monroe and Mr. Pinkney.

From Mr. Allen, Secretary of Lord Holland.

HOLLAND HOUSE, Friday, Sept. 5. DEAR SIR: Lord Holland, understanding by your and Mr. Pinkney's note of yesterday, that you are desirous to have some conversation with him before the sailing of the American packet,

tion, that not the slightest doubt can remain on that point. It is certain that the act of Congress to which their Lordships have objected is attributable to other causes of a very imperious nature, and that it furnishes no sufficient reason to call in question the sincerity with which the United States have uniformly sought to preserve the most friendly relations with Great Britain. The undersigned are, however, far from being desirous to look back to incidents, a review of which can serve only to produce regret. It is more important, and therefore more agreeable, to look forward, and to provide, by suitable arrangements, against the like in future.

The undersigned flatter themselves that nothing will occur on either side to excite irritation or to create new obstacles in the way of an adjustment, which it is confidently believed the interest of both countries requires. They indulge the hope that the present negotiation, which has been entered into by both Governments with a sincere desire to adjust all subsisting differences and to place their navigation and commerce on a basis of reciprocal advantage, will succeed in all its objects. The undersigned will not fail to promote that desirable result by all the means in their power. They will be happy in communicating to their Government a copy of their Lordships' note of the 4th instant, to do justice to the friendly disposition which their Lordships have brought into the negotiation; and, in the meantime, the undersigned will always be prepared to promote, by their joint labors, with the greatest possible despatch, and on fair conditions, a satisfactory conclusion of it.

The undersigned request Lord Holland and Lord Auckland to accept the assurance of their high consideration.

JAMES MONROE,
WILLIAM PINKNEY.

ART. 1. No person whatever shall, on the high seas, and without the jurisdiction of either party, be demanded or taken out of any ship or vessel belonging to citizens or subjects of one of the parties, by the public or private armed ships belonging to or in the service of the other, unless such person be at the time in the military service of an enemy of such other party.

the country, at the request and expense of the said Consuls or Vice-Consuls, until they shall have found an opportunity of sending them back or removing them as aforesaid. But if they be not sent back or removed within three months from the day of their arrest, they shall be set at liberty, and shall not be again arrested for the same canse.

From Lord Auckland to Mr. Monroe.
OFFICE FOR TRADE,
WHITEHALL, Sept. 12, 1806.
MY DEAR SIR: Lord Holland and I have re-

No person, being a subject or citizen of one of the parties, and resorting to or residing in the dominions of the other, shall in any case be compelled to serve on board any vessel, whether pub-ceived your note of September 10, in answer to lic or private, belonging to such other party; and all citizens or subjects whatever of the respective parties at this time compulsively serving on board the vessels of the other shall be forth with liberated, and enabled, by an adequate recompense, to return

to their own country.

In all questions which may arise within the dominions of either Power, respecting the national character of any person who claims to be a citizen or subject of the other Power, due credit shall be given to such public documents as his Government may have granted for his protection; and where such documents may have been lost, destroyed, or by casualty not obtained, and any person claims to be a citizen or subject of either party,

such other evidence of said claim shall be received and admitted, as would be satisfactory in a court of judicature. The high contracting parties engage that due care shall be taken that such documents shall be granted in their respective ports to such persons only as are justly entitled to them, and by suitable officers who shall be specially designated for the purpose.

ART. 2. It is agreed that no refuge or protection shall be afforded by either party to the mariners, sailors, or other persons not found to be its own citizens or subjects, who shall desert from a vessel of the other party, of the crew whereof the deserter made a part; but, on the contrary, all such deserters shall be delivered up, on demand, to the commanders of the vessels from which they shall have deserted, or to the commanding officers of the ships of war of the respective nations, or to such other persons as may be duly authorized to make requisition in that behalf, provided that proof be made within two years from the time of desertion, by an exhibition of the ship's papers, or authenticated copies thereof, and by satisfactory evidence of the identity of the person, that the deserters so demanded were actually part of the crew of the vessels in question.

And for the more effectual execution of this article, adequate provision shall be made for causing to be arrested, on the application of the respective Consuls or Vice-Consuls to the competent authorities, all deserters, duly proved to be such, in order that they may be sent back to the commanders of the vessels to which they belonged, or removed out of the country. And all due aid and assistance shall be given in searching for as well as in seizing and arresting the said deserters, who shall even be detained and kept in the prisons of

ours of the 4th instant. The unhappy consideration which at present occupies Lord Holland has prevented him from meeting me since I returned from Dropmore; but I have received several letters from him, in which he expresses great anxiety that you should be informed by me that we are not neglecting the joint object which we all have in view.

If you and Mr. Pinkney (to whom I send a duplicate of this note) could conveniently come to Downing street at eleven o'clock next Wedneday morning, [September the 17th,] I shall then be able to state provisionally (in Lord Holland's absence) many particulars which may deserve your consideration and advance our next offiI am, my dear sir, most sincerely yours, AUCKLAND.

cial discussion.

To Lord Auckland.

PORTLAND PLACE, September 14, 1806. MY LORD: I have had the pleasure to receive your letter of the 12th, and shall, with Mr. Pinkney, not fail to meet your Lordship at Downing street on Wednesday next, at eleven o'clock in the morning. We will receive there any communications which your Lordship will be so good as to make on the interesting subjects which engage our joint attention, not doubting that every interview will contribute to advance the business to its desired conclusion. We are aware that Lord Holland's domestic distress and duties will deprive us of the pleasure of seeing him for the present, and hope that your Lordship will prevent that circumstance giving him the least anxiety. I beg your Lordship to present, &c., and to be assured of the great consideration and esteem with which I have the honor, &c.

JAMES MONROE.

No. 6.

Messrs. Monroe and Pinkney to Mr. Madison. LONDON, November 11, 1806. SIR: We flattered ourselves, at the date of our last despatch, which was of September 11th, that we should have been able to have concluded a treaty with the British Commissioners, and to have transmitted it to you before this, on the interesting topics which are embraced by our instructions, and on terms that would be approved by our Government. The disposition which had

Relations with Great Britain.

Relations with Great Britain.

their complaints, which might be done without a relinquishment of their claim. This interview terminated in the appointment of another to take place on the 7th, when it was agreed that the subject should be definitively disposed of, and, in the interim, that each party should revolve it in mind. to see if it might be possible to suggest some plan which should prove equally satisfactory to both.

place on the 5th instant. On the preceding day we received a note from the British Commisioners, with a report from a law officer of the Crown, which seemed to be communicated to prepare us for what they had to announce more formally the next day. The report of the Crown officer had been made in answer to an inquiry from them, on what ground Great Britain claimed a right to take by force her seamen from on board the merchant vessels of other Powers on the high seas. We met on the 7th, according to appointment The report justified the pretension by stating that and, having repeated what we had said before of the King had a right, by his prerogative, to re- their counter-project, which we deemed altoquire the service of all his seafaring subjects gether inadmissible, and having also stated that against the enemy, and to seize them by force we could adopt none which did not allow out wherever found, not being within the territorial ships to protect their crews, or suggest any ac limits of another Power; that as the high seas commodation other than what we had already were extra-territorial, the merchant vessels of proposed as an inducement to their Government other Powers navigating on them were not ad- to admit the principle, and it appearing that no mitted to possess such a jurisdiction as to protect change had taken place in their instructions, we British subjects from the exercise of the King's came at length to the main question, (that which prerogative over them. We were desired to con- had, in truth, been the great object of the meetsider the communication as a private one, at least ing,) what was next to be done under existing in that stage. At our meeting the next day, the circumstances? Should the negotiation cease? British Commissioners stated explicitly, but in a The British Commissioners expressed an earnest very conciliating manner, that it was not in their desire that it should not. We had repeatedly power to adopt an article in the spirit of our pro- stated, that unless this interest was provided for ject; that the Board of Admiralty had been con- in a satisfactory manner, it would be useless to sulted on the subject, as had also been the Crown touch the other points, since a continuance of the officers in Doctors' Commons, who united all, same abuses on their part would render of no efwithout exception, in the opinion that the right fect any arrangement, however eligible, which ♦ of their Government, in the case in question, was might be made of them. They intimated that well founded, and ought not to be relinquished; their Government gave at present no cause of ofthey added that, under such circumstances, the fence to the United States by impressments, and relinquishment of it was a measure which the that we might be satisfied it would continue to Government could not adopt, without taking on pursue the same policy; that it might be better itself a responsibility which no ministry would that neither party should abandon its rights, be willing to meet, however pressing the emer- and that each should endeavor to act, in respect gency might be. They presented to us at the to the injuries complained of by the other, in same time a counter-project, which they intimated such a manner as to prevent future complaints. they did in obedience to instructions from their They thought that, with such a disposition on Government. It was proposed by this that laws both sides, seconded by a correspondent exershould be passed by the parties, respectively, tion, which they assured us existed, and would whereby it should be made penal for the com- be made on their part, it was likely that the manders of British vessels to impress American interest of each country would be placed on a citizens on board American vessels on the high footing equally secure for temporary purposes, seas, and for the officers of the United States to and much more so in respect to a permanent good grant certificates of citizenship to British subjects. understanding, than it could be for either, by a The negotiation betng thus brought, as it were, treaty, which should even stipulate for it the b to an issue on this very important point, the dis-ject which it sought. We desired them to comcussion of the whole subject was necessarily resumed at considerable length, and with great earnestness. We maintained, with all the force in our power, the right of our Government, on the principle and to the extent we had done before, and denied as strenuously the pretension advanced by Great Britain; their counter-project we declared was utterly inadmissible, as its adoption, so far from securing the just rights of the United States, and remedying the evils of which they complained, would prove an abandonment of their rights, and a sanction, in a considerable degree at least, to future injuries. The British Commissioners, after supporting with great force, but with candor, the claim of their Government, assured us that it was willing to do anything in its power to satisfy the United States on the ground of

municate to us, by note, the ideas which they had thus expressed, which they readily undertook by proceeding to give a sketch of them at the time, and evidently throwing a disposition to make it as acceptable to us as they could do consistently with the principles of their Government. We adjourned to meet again on the 12th instant, without having come to any positive decision as to the part which it became us to take in the delicate conjuncture in which we were placed. We did not fail, however, in showing our regret that no suitable provision had been made for the rey important question which had been so long under consideration, to express our sincere desire to pursue that course in respect to the other objects of the negotiation which our duty, under existing circumstances, would permit, and which might

Relations with Great Britain.

be most likely to promote a good understanding between the two countries.

arise in any one respect, and much injury might, and most probably would, for a time at least, even On the 9th instant we received from the British to this very interest. How much stronger, then, Commissioners the note which they had promised is the obligation to proceed, when the other obus in the last interview, which we have found to jects of the negotiation are taken also into view, correspond in all respects with what we have been all of which it is highly interesting to arrange, taught to expect. We have also weighed, with and several of which, of the first importance, it is, due consideration, the great question which is as we believe, in our power to arrange? We are propounded by it, and are decidedly of opinion aware that our instructions impose on us the nethat it is our duty to proceed to the other objects cessity of providing satisfactorily for this great of the negotiation, leaving that of impressment interest, as one of the conditions on which a on the ground on which it will be placed by this treaty shall be formed; but it does not appear that note, and our acting on it. Many strong reasons the fair object of that instruction will not be satisfavor this course, while none occur to us of any fied by the arrangement thus made. The proweight against it. When we take into view all hibition not to conclude a treaty, otherwise than that has passed on this subject, we are far from on the condition adverted to, is fairly to be underconsidering the note of the British Commission- stood as applicable to a refusal, on the part of this ers as a mere circumstance of form. We per- Government, to arrange the business on just prinsuade ourselves, that by accepting the invitation ciples, and an adherence by it to its former imwhich it gives, and proceeding in the negotiation, proper and offensive conduct, which it is well we shall place the business almost, if not alto-known is not the case. Impelled by these congether, on as good a footing as we should have siderations and motives, we shall go forward in done by treaty, had the project which we offered the negotiation, and use our best efforts to place them been adopted. The time at which this note the other points on the most advantageous footing was presented to us, and the circumstances under that may be practicable. We are the more conwhich it was presented, being when the negotia- firmed in this resolution from the consideration tion was absolutely at a stand on this very ques- that we shall be able to do it without exposing tion, and we had informed the British Commis-our Government or country to any the slightest sioners that we could do nothing if it was not inconvenience. It is known to the British Comprovided for, give the act a peculiar degree of missioners that in proceeding, under existing solemnity and obligation. It was sent to us as a circumstances, we shall do it on our own responpublic paper, and intended that we should so con- sibility; a responsibility, however, which we unsider it, and with the knowledge and approbation dertake in full confidence that our conduct and of the Cabinet. It ought, therefore, to be held as the motives of it will be approved. obligatory on the Government, in its just import, We shall meet the British Commissioners toas if the substance had been stipulated in a treaty, morrow to proceed in the negotiation, which we It is just, also, to give it a liberal construction in are persuaded it will not require any considerafavor of the United States, in considering that it ble length of time to conclude. All the other is the act of the British Government. In that topics have been heretofore brought into view view it merits attention; that everything is ex- and discussed, but without any intention in that pressed in it that could be desired, except the re- stage, on either side, to push a definitive settlelinquishment of the principle; that in speaking of ment of them. So much, however, has been said impressments, the exercise of that act on the high on each by the British Commissioners, as to enseas is not mentioned, an omission which we able us, as we presume, to form a tolerably correct know to have been intentional. From a full view estimate of what may be obtained on several, of all these circumstances, we think it fair to infer especially those of the greatest importance. In that this Government intends to conform its con- respect to the trade with enemies' colonies, they duct in future to the just claims of the United have repeatedly told us, that on condition we States on this great interest, while, by particular would land the cargoes in the United States, motives of policy, it deems it improper to relin-store them for a month, and change the ship, they quish a claim, especially at this time, which has would agree that the trade might be free afterbeen long sustained and acted on by it, and which wards in the productions of those colonies to other has been heretofore strongly supported by the countries, including the parent country of the national feeling, or more properly speaking, pre-colony. We have refused to comply with the judice: for we cannot believe that the interest of the nation is in favor of it, more especially if the project which we proposed should be adopted, or correspondent regulatioas entered into, to produce the same effect, by friendly co-operation between he two Goveruments. We are, therefore, of >pinion, if the negotiation had contemplated an trrangement of this point alone, that it would be roper to close the business amicably, on the round on which it is thus placed, rather than to reak it off abruptly, and take an unfriendly attiude, from which no advantage could possibly

condition in respect to the storing of goods for a month, and changing the ship. Some arrangement more advantageous to us than their proposition will, we have no doubt, be obtained. The question of blockade, and others connected with it, may, we think, be satisfactorily arranged. They will agree also to acknowledge our jurisdiction to the extent of a league from our coast; we have claimed that acknowledgment to the extent of three leagues. The trade with India they will put on the footing it held under the Treaty of 1794. That with the West Indies must, we fear,