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cially at this time, which has been long sustained and acted on by it, and which has been heretofore strongly supported by the national feeling, or, more properly speaking, prejudice; for we cannot believe that the interest of the nation is in favour of it, more especially if the project which we proposed should be adopted, or correspondent regulations entered into to produce the same effect by friendly co-operation between the two governments. We are therefore of opinion, if the negotiation had contemplated an arrangement of this point alone, that it would be proper to close the business amicably on the ground on which it is thus placed, rather than to break off abruptly, and take an unfriendly attitude, from which no advantage could possibly arise in any one respect, and much injury might, and most probably would, for a time at least, even to this very interest. How much stronger, then, is the obligation to proceed, when the other objects of the negotiation are taken also into view, all of which it is highly interesting to arrange, and several of which, of the first consequence, it is, as we believe, in our power to arrange. We are aware that our instructions impose on us the necessity of providing satisfactorily for this great interest, as one of the conditions on which a treaty shall be formed. But it does not appear, that the fair object of that instruction will not be satisfied by the arrangement thus made. The prohibition, not to conclude a treaty otherwise than on the condition adverted to, is fairly to be understood as applicable to a refusal on the part of this government to arrange the business on just principles, and an adherence by it to its former improper and offensive conduct, which it is well known is not the case. Impelled by these considerations and motives, we shall go forward in the negotiation, and use our best efforts to place the other points on the most advantageous footing that may be practicable. We are the more confirmed in this resolution from the consideration, that we shall be able to do it without exposing our government or country to any, the slightest inconvenience. It is known to the British commissioners, that in proceeding under existing circumstances, we shall do it on our own responsibility; a responsibility, however, which we undertake in full confidence that our conduct and the motives of it will be approved.

We shall meet the British commissioners to-morrow to proceed in the negotiation, which we are persuaded it will not require any considerable length of time to conclude. All the other topicks have been heretofore brought into view and discussed, but without any intention in that stage, on either side, to push a definitive settlement of them. So much, however, has been said on each by the British commissioners, as to enable us, as we presume, to form a tolerably correct estimate of what may be obtained on several, especially those of the greatest importance. In respect to the trade with enemies' colonies, they have repeatedly told us, that on condition we would land the cargoes in the United States, store them for a month, and change the ship, they would agree that the trade might be free afterwards in the productions of those colonies to other countries, including the parent country of the colony. We have refused to comply with the condition in respect to the storing of the 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, rest on the ground of the most favoured nation only. Something we think may also be done in favour of an intercourse with the British provinces to the north of us. But our claim to an indemnity has been much discouraged, though we have never ceased to press it with great zeal. shall continue to use our best endeavours to place all these great concerns on the most just and advantageous ground in our power, and shall hasten to communicate to you the result with the greatest possible despatch, as soon as the business is concluded.

We

We have been cautious not to compromit ourselves with respect to the law, which was passed the last session of the Congress, prohibiting the importation of certain British manufactures in the United States, after the 15th of this month, either with this government or individuals. We think it our duty, however, to observe, that our opi

nion of the propriety of suspending that law remains unchanged, as it was communicated to you in our letter of September the 11th. Indeed the uniform conciliating disposition of this government has strengthened us in that opinion.

Of the state of the war on the continent, the gazettes which accompany this, will give you all the information which we possess. Of the ultimate views of Prussia, under existing circumstances, we know nothing. So far she has followed the example and participated the fortune of Austria, as exhibited in the last campaign, and so far has Austria imitated hers of the same epoch, by viewing with an apparent indifference events which menace the overthrow of both.

We have the honour to be, with great respect, &c. JAMES MONROE, WM. PINKNEY.

James Madison, Secretary of State.

Holland House, Nov. 8, 1806.

His majesty's commissioners and plenipotentiaries have the honour to represent to the commissioners and plenipotentiaries of the United States:

That the project of an article on the subject of impressing seamen, together with the reasonings, by which the commissioners of the United States have urged the expediency of an arrangement on that subject, has been laid before his majesty's government, and has been considered with the same friendly and conciliatory disposition, which has marked every step of the negotiation.

That his majesty's government has not felt itself prepared to disclaim, or derogate from, a right which has ever been uniformly and generally maintained, and in the exercise of which the security of the British navy may be essentially involved; more especially in a conjuncture when his majesty is engaged in wars, which enforce the necessity of the most vigilant attention to the preservation and supply of the naval force of his kingdom.

That his majesty's government, actuated by an earnest desire to remove every cause of dissatisfaction, has directed his majesty's commissioners to give to Mr. Monroe

VOL. VI.

42

and Mr. Pinkney the most positive assurances that instructions have been given, and shall be repeated and -enforced, for the observance of the greatest caution in the impressing of British seamen; and that the strictest care shall be taken to preserve the citizens of the United States from any molestation or injury; and that immediate and prompt redress shall be afforded upon any representation of injury sustained by them.

That the commissioners of the United States well know, that no recent causes of complaint have occurred, and that no probable inconvenience can result from the postponement of an article subject to so many difficulties. Still that his majesty's commissioners are instructed to entertain the discussion of any plan that can be devised to secure the interests of both states, without any injury to rights to which they are respectively attached.

That in the mean time the desire of promoting a right conclusion of the proposed treaty, and of drawing closer the ties of connection between the two countries, induces his majesty's commissioners to express their readiness to proceed to the completion of the other articles, in the confident hope, that the result cannot fail to cultivate and confirm the good understanding happily subsisting between the high contracting parties, and still farther to augment the mutual prosperity of his majesty's subjects and of the citizens of the United States,

VASSAL HOLLAND.
AUCKLAND.

PROJECT.

In order to prevent the vessels of either party from becoming a sanctuary at sea for deserters, from the vessels of the other party, it is expressly stipulated by the high contracting parties,that they will respectively enact laws, whereby it shall be made penal for the commanders or masters of the ves

COUNTER PROJECT. WHEREAS when the one nation is at war, and the other at peace, it is not lawful for the belligerent to impress or carry off from on board the vessels of the neutral, seafaring persons, who are the native subjects of the neutral, or others who are not the subjects of the belligerent; and whereas, from

sels of either of the parties, who may happen to be in the ports of some third power, or in the ports of one of the parties, with the vessels of the other party, to receive on board and carry to sea [knowing them to be such] the sailors, belonging to, and deserting from such vessels. It is further agreed, whenever the vessels, having on board the sailors who may have so deserted in a neutral port, shall arrive at any port of the party to which they belong, that such party shall cause such deserters to be delivered up, on proper application supported by lawful evidence, to the agent or consul of the other party, who may be duly authorized by his government to act in such cases.

the similarity of the language and appearance, it may be difficult to distinguish the subjects of the two states, the high contracting parties agree, that for the greater security of the subjects of the neutral, they will enact such laws respectively, as shall subject to heavy penalties the commanders of the belligerent ships, who shall impress or carry off the native subjects of the neutral, or others not being the subjects of the belligerent, from on board the neutral vessels, on any pretence whatsoever. And they further agree to enact laws respectively, making it highly penal in the subjects of the neutral to grant any certificates of the birth and country of seafaring persons, without due evidence and proof of the same.

TRIPLICATE.

No. 7.

London, December 27, 1806.

SIR, We have the pleasure to acquaint you that we have this day agreed with the British commissioners to conclude a treaty on all the points which had formed the object of our negotiation, and on terms which we trust our government will approve. It will require only a few days To reduce it to form. When that is done we shall transmit it to you by a special messenger. We hasten to communicate to you this interesting intelligence, for the infor

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