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nour to transmit with this despatch. In transmitting to you this paper, it is our duty to observe that we do not consider ourselves a party to it, or as having given it in any the slightest degree our sanction. The incident which produced the
paper was unexpected on our part, and without entering into its merits, we used our best exertions to diminish its effect in relation to the objects of our negotiation. The British commissioners brought the incident into view, and made it the subject of discussion in the manner above stated, as they did the part which it became their
government to take in the depending negotiation in consequence of it. We therefore thought, not only that we were at liberty, but that it was imperiously our duty, to use our best exertions to make the paper which they proposed to present to us, in reference to the decree of France, as little injurious as possible, and even to urge that decree as a strong reason why Great Britain should be more explicit and satisfactory in her definition of neutral rights, as well for the purpose of vindicating herself against the strong denunciation it contained, as to enable our government to urge with more force with the government of France its objections to the decree. We were glad to find that these remarks were not altogether without effect, as will appear by the paper referred to, especially the definition it gives of a blockade, which is tolerably correct.
You will observe, that the commerce between the United States and the British colonies, which bound them to the east and north, has not been regulated by this treaty. The British commissioners refused to agree to any arrangement of it, in consequence of our declining to admit their Canada and Hudson Bay traders into Louisiana. It has occur, red to us, that it might be advantageous to the United States, and consistent with the views of our government, to comprise both these objects, under suitable regulations, in a separate convention, especially if they can be made instrumental to a satisfactory establishment of our boundaries. We have reason to think, that in the form of a new act, in connection with these other objects, it would be more agreeable to this government to settle the question of boundary, according to the views of the President and Senate, than by ratifying the convention already entered into, with the exception of the 5th article. The British commissioners have expressed their willingness to pro
ceed in the business, for the purpose of arranging all these
OF AMITY, COMMERCE AND NAVIGATION, BETWEEN HIS BRI
TANNICK MAJESTY AND THE UNITED STATES OF AMERICA.
His Britannick majesty and the United States of America, being equally desirous to promote and perpetuate the good understanding and friendship which happily subsist between the subjects of the united kingdom and the citizens of the United States, and for that purpose to regulate the commerce and navigation between their respective countries, territories and people, on the basis of recipro. city and mutual convenience, bave respectively named their plenipotentiaries, and have given to them full powers 10 make and conclude a treaty of amity, navigation and commerce, that is to say, his Britannick majesty has named for his plenipotentiaries, Henry Richard Vassall lord Holland, one of his majesty's privy council, and lord keeper of his inajesty's privy seal, and William lord Auckland, one of his majesty's privy council, and president of the committee of council for all matters of trade and foreign
plantations : and the President of the United States, by and with the advice of the Senate thereof, hath appointed for their plenipotentiaries, James Monroe and William Pinkney, commissioners extraordinary and plenipotentiaries; who, after having exchanged their respective full powers, have agreed on the following articles.
ARTICLE 1. There shall be a firm, inviolable and universal peace, and a true and sincere friendship between his Britannick majesty, his heirs and successors, and the United States of America, and between their respective countries, territories, cities, towns and people, of every degree, without exception of persons or places.
ART. II. It is agreed that the several articles of the treaty of amity, commerce, and navigation, between his majesty and the United States, made at London, on the 19th day of November, 1794, which have not expired, nor as yet had their full operation and effect, shall be confirmed in their best' form, and in their full tenour; and that the contracting parties will also, from time to time, enter into friendly explanations on the subject of the said articles, for the purpose of removing all such doubts as may arise, or have arisen as to the true import of the same, as well as for the purpose of rendering the said articles more conformable to their mutual wishes and convenience.
ART. 111. His majesty agrees that the vessels bolonging to the United States of America, and sailing direct from the ports of the said states, shall be admitted and hospitably received in all the seaports and barbours of the British dominions in the East Indies; and that the citizens of the said United States may freely carry on a trade between the said territories and the said United States, in all articles of which the importation or exportation respectively, to or from the said territories, shall not be entirely prohibited. Provided, only, that it shall not be lawful for them, in any time of war between the British government and any other power or state whatever, to export from the said territories, without the special permission of the British government there, any military stores, or naval stores or rice. The citizens of the United States shall pay for their vessels, when admitted into the said ports, no other or higher tonnage than shall be payable on British vessels
, when admitted into the ports of the United States. And they shall pay no higher or other duties or charges on the
importation or exportation of the cargoes of the said vessels, than shall be payable on the same articles when imported or exported in British vessels. But it is expressly agreed, that the vessels of the United States shall not carry any of the articles, exported by them from the said British territories, to any port or place, except to some port or place in America, where the same shall be unladen, and such regulations shall be adopted by both parties, as shall from time to time be found necessary to enforce the due and faithful observance of this stipulation.
It is also understood, that the permission granted by this article, is not to extend to allow the vessels of the United States to carry on any part of the coasting trade of the said British territories; but the vessels going with their original cargoes or part thereof, from one port of discharge to another, are not to be considered as carrying on the coasting trade. Neither is this article to be construed to allow the citizens of the said states to settle or reside within the said territories, or to go into the interior parts thereof, without the permission of the British government established there ; and if any transgressions should be attempted against the regulations of the British government in this respect, the observance of the same shall and may be enforced against the citizens of America, in the same manner as against British subjects or others transgressing the same rule. And the citizens of the United States, whenever they arrive in any port or harbour in the said territories, or if they should be permitted in manner aforesaid to go to any other place therein, shall always be subject to the laws, government, and jurisdiction of whatever nature, established in such harbour, port, or place, according as the same may be. The citizens of the United States may also touch for refreshment at the island of St. Helena, but subject in all respects to such regulations as the British government may from time to time establish there.
ART. IV. There shall be, between all the dominions of his majesty in Europe, and the territories of the United States, a reciprocal and perfect liberty of commerce and pavigation. The people and inhabitants of the two countries respectively shall have liberty, freely and securely, and without hindrance and molestation, to come with their ships and cargoes to the lands, countries, cities, ports,
places, and rivers, within the dominions and territories aforesaid, to enter into the same, to resort there, and to remain and reside there, without any limitation of time; also to hire and possess houses, and warehouses, for the purposes of their commerce; and generally, the merchants and traders on each side shall enjoy the most complete protection and security for their commerce, but subject always, as to what respects this article, to the laws and statutes of the two countries respectively.
Art. v. It is agreed that no other or higher duties shall be paid by the ships or merchandise of the one party in the ports of the other, than such as are paid by the like vessels or merchandise of all other nations. Nor sball any other or higher duty be imposed in one country on the importation of any articles, the growth, produce, or manufacture of the other, than are or shall be payable on the importation of the like articles, being of the growth, produce, or manufacture of any other foreign country.
Nor shall any prohibition be imposed on the exportation or importation of any articles to or from the territories of the two parties respectively, which shall not equally extend to all other nations. But the British government reserves to itself the right of imposing on American vessels entering into the British ports in Europe, a tonnage duty equal to that which shall at any time be payable by British vessels in the ports of America ; and the government of the United States reserves to itself a right of imposing on British vessels entering into the ports of the United States, a tonnage duty equal to that which shall at any time be payable by American vessels in the British ports in Europe.
It is agreed, that in the trade of the two countries with each other, the same duties of exportation and importation on all goods and merchandise, and also the same draw backs and bounties, shall be paid and allowed in either country, whether such importation or exportation shall be in British or American vessels.
Art. vi. The high contracting partics not having been able to arrange at present by treaty, any cominercial intercourse between the territories of the United States and his majesty's islands and ports in the West Indics, agree that until that subject shall be regulated in a satisfactory