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or treaties now actually subsisting between (Second Inclosure referred to in No. 1.) either of the high contracting parties and -To the right hon. lord Holland and any other power or powers.

lord Auckland: dated London, Aug. Art. 26. This® Treaty, when the same 20th, 1806. shall have been ratified by his majesty, The undersigned, commissioners extraand by the president of the United States, ordinary and plenipotentiary of the United with the advice of their senate, and their States of America, think it necessary to respective ratifications mutually exchang-give to lords Holland and Auckland, the ed, shall be binding and obligatory on commissioners extraordinary and plenipohis majesty and on the said states for ten tentiary of his majesty, a brief explanation years (27), from the date of the exchange in writing of the claims which they have of the said ratification, and shall be 'reci- already had the honour to mention to their procally executed and observed with punc- lordships in a recent conference, of sundry tuality, and the most sincere regard to American citizens, for suitable Compensagood faith.

tion for loss and damages sustained in the course of the present war, by reason of

irregular or illegal captures or condemna (27) Period to be five years.

tions of their vessels and other property, Articles proposed.--No person whatever and at the same time to call the attenshall, upon the high seas, and without the tion of their lordships to the situation of jurisdiction of either party, be demanded certain Prize Causes arising out of some of or taken out of any ship or vessel belong- these captures now depending in the triing to citizens or subjects of one of the bunals of this country. The undersigned other parties, by the public or private are happy in having it in their power to armed ships belonging to or in the service state, that, according to the information of the other, unless such person be at the they have been able to obtain, such of time in the military service of an enemy these Claims as relate to captures, which, of such other party.--Art. 2. Complaints from causes peculiar to themselves, have having been made by divers merchants excited in America a more than ordinary and other citizens of the United States, that degree of sensibility, are not so considerduring the war in which his majesty is en

able in number as at first was supposed. gaged, they have sustained loss and damage The complaints of this description, to which by reason of the irregular and illegal cap- the undersigned would particularly invite tures and condemnations of their vessels the attention of their lordships, have been and other property, under colour or au- produced by seizures as prize, made in thority of commissions from his majesty, direct violation of rules of maritime praccontrary to the tenour of a communication tice previously declared by his majesty's from lord Hawkesbury to Mr. King, of government to the government of the the 11th of April 1801, of which a copy United States, and in no degree revoked or is annexed to this treaty, or contrary to affected by any arrangement between the tenour of a Letter from Mr. Merry to them, or even by any notification, they Mr. Maddison, of the 12th of April 1801, were about to be abandoned. Of these of which a copy is also hereto annexed, seizures, the most important, and in every or otherwise contrary to the known and view the most interesting, were made in established rules of the law of nations; and the year 1805, and in the early part of the the said merchants and others having far- year 1806, of the ships and merchandize of ther complained, that full and complete American citizens, upon the pretension, redress for the said losses and damages has that the voyages on which they were ennot been, and cannot be, for various causes, gaged were direct or continuous between had and obtained in the ordinary course of the colonies of his majesty's enemies and judicial proceedings, his majesty agrees some port in Europe.-Although it is certhat he will, without delay, cause the most tain that the government of the United effectual measures to be taken in concert States had never admitted that illegality with the United States, for an impartial can be imputed to such a trade, even when examination of the said complaints, and confessedly continuous or direct, and had that he will cause full and complete repa- concluded that the question had been ration to be made thereupon to the parties otherwise formally settled in its favour, entitled, as justice and equity, and the the undersigned believe it to be unnenature of the respective cases, shall appear cessary to bring that point into view, to require.

with any

reference to the cases now un

der consideration. It is sufficient to state, the mere touching in the neutral country that at the date of these seizures the mer. to take fresh clearances may properly be chants of the United States did expli- considered as a fraudulent evasion, and is citly understand, and justified in a con- in effect the direct trade; but the high fident belief, founded not only upon ante- court of admiralty has expressly decided, cedent practice, but upon a formal com- ' (and I see no reason to expect that the munication, in the year 1807, to the Ame- court of appeal will vary the rule), that rican minister in London from his ma- | landing the goods and paying the duties jesty's priacipal secretary of state for the in the neutral country breaks the contidepartment of foreign affairs, that the cir- nuity of the voyage, and is such an impor. cumstances by which these voyages were tation as legalises the trade, although the accompanied, had been and were distinctly goods be-reshipped in the same vessel

, and admitted by the British government and by on account of the same neutral proprietors, British courts of prize, to break their con- and to be forwarded for sale to the motinuity, and render them unquestionably ther country or the colony.” An Extract lawful.-The following detail will shew from this Report, containing the foregoing more precisely the nature and effect of passage, was transmitted by the duke of the communication to which the under- | Portland; in a letter of the 30th of March signed allude.-- The public and private 1801, to the lords commissioners of the adarmed ships of this country having seized miralty. His grace's letter concludes American vessels bound from the United thus :" In order, therefore, to put a stop to. States to the Spanish West Indies, on the the inconveniencies arising from these erpretext that their cargoes consisted of roneous sentences of the vice admiralty articles of the growth of Spain when at courts, I have the honour to signify to war with Great Britain, and the vice ad- your lordships the king's pleasure, that a miralty court of Nassau having condemned communication of the doctrine laid down in the cargo of one of these vessels upon that the said report shall be immediately made pretext, Mr. King in a note to lord Hawkes- by your lordships to the several judges prebury of the 13th March 1801, remon- siding in them, setting forth what is held to strated against these acts as palpable be the law upon the subject by the supeabuses. The subject of this remonstrance rior tribunals, for their guidance and direcwas immediately referred to the king's ad- tion."-On the 11th of April 1801, lord vocate, whose report of the 16th March Hawkesbury communicated to Mr. King, 1801, after declaring that the sentence of for the information of the government of the viceadmiralty court was erroneous,con- the United States, a copy of the above letcludes with the following esposition of the ter of the duke of Portland, which is stated law as understood in G. Britain, relative to by his lordship to have been written by his the commerce of neutrals with belligerents majesty's command, in consequence of and their colonies: “It is now distinctly un- Mr. King's representation of the preceding derstood, and has been repeatedlyso decided month, together with a copy of the extract by the high conrt of appeal, that the produce from the report of the king's advocate, of the colonies of the enemy may be im- referred to in his grace's letter, and alported by a neutral into his own country, ready above quoted. Upon the receipt of and may be re-exported from thence even this communication Mr. King transmitted to the mother country of such colony; and it to his government in a letter (of which in like manner the produce and manufac- a copy is annexed) containing the followtures of the mother country may in this cir- ing observations: « I take the liberty of cuitous mode legally find their way to the suggesting the expediency of publishing colonies. The direct trade, however, be- | these copies in our newspapers, as the most tween the mother country and its colonies expeditious means of communicating the have not, I apprehend, been recognized as same to the cruizing ships and privateers legal, either by his majesty's government or in the American seas. Having intimated by his tribunals.-- What is a direct trade this suggestion to lord Hawkesbury before or what amounts to an intermediate im- he prepared and sent me his answer, there portation into the neutral country may can be no exceptions here against such a sometimes be a question of some difficulty publication.” The publication was directA general definition of either, applicable ed and took place accordingly. The unto all cases, cannot well be laid down. dersigned are persuaded that lord Holland The question must depend upon the parti- and lord Auckland will at once perceive cular circumstances of each case. Perhaps that the Report of the king's advocate, thus unequivocally adopted by his majes- | are still judicially depending. The next ty's government, and communicated as an class of these cases (of which lists and esact to be respected and confided in, through timates will hereafter be furnished) comthe American minister, to the government prehends captures during the existing war, of the United States, and finally to their contrary to the tenor of a letter of the 5th of citizens, and to Europe through the me- Jan. 1804, from sir Evan Nepean to Mr. dium of a publication expected and au- Hammond, on the subject of the Blockade thorized, cannot in any fair construction of Martinique and Guadaloupe, of which be viewed as any thing short of a formal a copy was enclosed in a letter of the 12th declaration on the part of Great Britain; of April 1804, from Mr. Merry to Mr. that the landing of the cargo and the pay- Maddison, of both of which letters copies ment of the duties in the neutral country are herewith transmitted.—The citizens of would be considered as legalizing the cir- the United States complain that they have cuitous trade, even between a belligerent suffered severely by captures, in violation and its own colonies. The practice during of the rules laid down with so much fairthe late and the two first years of the pre- ness and precision in this communication, sent war was in perfect conformity with and that, where condemnations have not this document, and by that conformity en- followed, compensation equivalent to the creased its authority, and furnished an ad- actual loss have not been and cannot be ditional justification, if any had been re-procured in the ordinary course by any quired, for a dependance upon the doctrine exertions on their part. The pretext for which it announced. In the summer of some of these captures has been the breach 1805, however, when a large amount of of an alleged blockade of Martinique or American property was afloat, undeniably Guadaloupe; for others, the breach of an entitled to the protection of the above imaginary blockade of Curraçoa ; and for rule, and committed to the high seas, un- others, the breach of an equally imaginary der an implicit reliance upon a strict ad blockade of other ports and places. In herence to it; the rule was suddenly all of these cases either the actual investabandoned, and British cruizers fell upon ment of the particular port was wanting, this trade, thus sanctioned by the express or the vessel seized for an imputed crimiadmission, as well as by the acquiescence nal destination to it, had not been warned of their government; and these captures as required. The just extent of these are understood to have received the highest claims the undersigned are not able to judicial sanction.—The undersigned have state, but they presume it cannot be conno desire to dwell upon this subject. They siderable.--The only remaining claims are convinced that the liberal and equi- which are reducible to any precise class, table sentiments which distinguish his ma- are those which relate to captures within jesty's government render unnecessary the territorial jurisdiction of the United the farther explanation of which it is sus- States. Of these, as well as of some ceptible. Referring to two notes from the others of a miscellaneous nature, which undersigned, Mr. Monroe to lord Mul- the undersigned have not at present the grave, of the 23d of Sept. 1805, and to Mr. means of prescribing distinctly to lord Fox, of the 25th of Feb. 1806, the under-Holland and lord Auckland, lists shall signed have only to declare their sincere hereafter be prepared and laid before their conviction that his majesty's government lordships accompanied by suitable explawill not fail to see in the facts which they nations. The undersigned, &c. JAMES have had the honour to state, an irresistible Monroe, William PINCKNEY. call upon it to repair the injurious effects (Letter referred to in second Inclosure of these seizures. As to the few cases of of No. 1.)--To the Secretary of State this class now depending before the lords of the United States. Dated Washingcommissioners of appeal, or in other prize ton, April 12th, 1804. courts of his majesty, the undersigned Sir; Mr. Thornton not having failed to feel assured that measures will be taken transmit to his majesty's government an to cause them to be favourably disposed account of the Representation which you of, and that suitable reparation will more- were pleased to address to him under date over be secured to the parties injured, for of 27 Oct. last year, respecting the blockthe loss and damage they have sustained. ade of the islands of Martinique and GuaThe undersigned have the honour to trans- daloupe, it is with great satisfaction, sir, mit herewith a list of all the cases of this that I have just received his majesty's class, in which are distivguished such as commands signified to me by his principal secretary of state for foreign affairs, under an article on the subject of impressing seadate of the 6th Jan. last, to communicate men, together with the reasonings by to you the instructions which have in which the commissioners of the United consequence of your representation been States have urged the expediency of an sent to commodore Hood and to the judges engagement on that subject, has been conof the vice admiralty courts in the West sidered with the same friendly and conciIndies.- I have accordingly the honour to liatory disposition, which has marked transmit to you, sir, the inclosed copy of every step of the negotiation :—That his a letter from sir Evan Nepean, secretary majesty's government has not felt itself to the board of admiralty, to Mr. Ham- prepared to disclaim or derogate from a mond, his majesty's under secretary of right which has been uniformly and genestate for foreign affairs, specifying the na- rally maintained, and in the exercise of ture of the instructions which have been which the security of the British navy may given.-His majesty's government doubt be essentially involved; more especially not that the promptitude which has been in a conjuncture when his majesty is en-, manifested in redressing the grievance gaged in wars which enforce the necescomplained of by the government of the sity of the most vigilant attention to the United States, will be considered by the preservation and supply of the naval force latter as an additional evidence of his ma- of his kingdom :—That his majesty's gojesty's constant and sincere desire to re- vernment, actuated by an earnest desire to move any ground of misunderstanding remove every cause of dissatisfaction, has that could have a tendency to interrupt directed his majesty's commissioners to the harmony which so happily subsists be- give to Mr. Monroe and Mr. Pinckney tween his goveșnment and that of the the most positive assurances that instrucUnited States. I have &c. Ant. MERRY. tions have been given and shall be repeat(Letter referred to in second Inclosure ed and enforced for the observance of the

of No. 1. and in the preceding Letter.) greatest caution in the impressing of BriTo George Hammond esq. Dated tish seamen; and that the strictest care

Admiralty Office, 5th Jan. 1804. shall be taken to preserve citizens of the Sir; Having communicated to the lords United States from any molestation or of the admiranty ford Hawkesbury's let- injury; and that immediate and prompt ter of the 23d ultimo, inclosing the copy redress shall be afforded upon any repreof a dispatch which his lordship had re- sentation of injury sustained by them :ceived from Mr. Thornton his majesty's That the commissioners of the United, chargé d'affaires in America, on the sub- States well know that no recent cases of ject of the blockade of the islands of Mar- complaint have occurred, and that no protinique and Guadaloupe, together with the bable inconvenience can result from the report of the advocate general thereupon; postponement of an article subjected to so I have their lordships commands to ac- many difficulties. Still that his majesty's quaint you, for his lordship’s information, commissioners are instructed to entertain that they have sent orders to commodore the discussion of any plan that can be deHood not to consider any blockade of vised to secure the interests of both states those islands as existing, unless in respect without any injury to rights to which they of particular ports which may be actually are respectively attached :—That in the invested, and then not to capture vessels mean time the desire of promoting a right bound to such ports unless they shall pre- conclusion of the proposed treaty, and of viously have been warned not to enter drawing closer the ties of connection bethem, and that they have also sent the tween the two countries, induces his manecessary

directions on the subject to the jesty's commissioners to express their judges of the vice admiralty courts in the readiness to proceed to the completion of West Indies and America. I am &c. the other articles, in the confident hope,

Evan NÊPEAN. that the result cannot fail to cultivate and (Third Inclosurse referred to in No. 1.) confirm the good understanding happily

To James Monroe esq. and Wm. subsisting between the high contracting Pinckney esq. Dated Holland House, parties; and still further to augment the Nov. 8th, 1806.

mutual prosperity of his majesty's subHis majesty's commissioners and pleni-jects, and of the citizens of the United potentiaries have the honour to represent States. Vassall HOLLAND. AUCKLAND. to the commissioners and plenipotentiaries (Fourth Inclosure referred to in No. 1.) Af the United States. That the project of -To L.Visc. Howick. March 14,1807.

[594 My lord ; In conformity with the inti- and Auckland to Mr. Seoretary Canmation which your lordship was so good ning, dated July 28th, 1807. as to make to us at a late interview, rela- Sir; We have received the honour of tive to certain claims and prize causes, your Letter with its several Inclosures, which had been brought into discussion in and are desirous to give the fullest inforthe course of the late negotiation, between mation in our power respecting any part his majesty's commissioners and those of of our late negotiation with the commisthe United States; we have the honour sioners of the United States. We have to transmit to your lordship, the copy of a accordingly applied our attention to that note to lord Holland and lord Auckland, passage of the Note delivered to you by in which those claims and prize causes are Mr. Monroe and Mr. Pinkney, which fully explained. It is proper to add, states that “soon after the suspension of that at the time of the signature of the the negociations, it was suggested by his Treaty, it was distinctly understood be- majesty's commissioners, that if the topic tween the commissioners on both sides, relative to Impressment should be exthat this subject was not to be affected by pressly reserved for future conventional it, but was to remain completely open for arrangement; and a pledge given to the future adjustment. We have it upon the United States for resuming the considerastatement contained in that note, and the tion of it at a convenient season, with that documents to which it refers, in perfect view; and that, if, in the mean time, confidence that it will be viewed by your such an informal understanding should be lordship with the interest which belongs substituted, as in its practical effect would to it, and that every thing which is suita- remove the vexation complained of, it ble to the high and honourable character might perhaps be yet possible to conduct of his majesty's government, and the just the negotiation to a result which would claims of the United States will be done, not be unacceptable to the respective gowith relation to it, as promptly as circum- vernments. And in pursuance of this stances will permit. We have &c. suggestion, the British commissioners

JAMES MONROE. Wm. Pinkney. I presented their official note of the sth day No. 2.—Letter from Mr. Secretary of Nov. last.”—It appears to us, that'the

Canning to Lords Holland and Auck- several parts of this statement taken with land. Dated Foreign Office, July the context, have all the accuracy and ho25th, 1807.

nourable and right meaning which we exMy lords; I have the honour to inclose perienced in the whole negotiation.-to your lordships, the copies of a note When the American commissioners speak which I have received from Mr. Monroe of“ such an informal understanding to be and Mr. Pinkney, and of the several do- substituted, as would in its practical effect cuments that accompanied it ; I'submit remove the vexation complained of,” they these papers to the consideration of your do not mean, and certainly his majesty's lordships, for the purpose of calling your commissioners never meant, that there attention to that passage of the note which should be a forbearance or suspension or refers to a suggestion on the part of his discontinuance of the practice and exermajesty's commissioners, on the impress-cise of the Impressment of British seamen. ment of seamen from on board of Ameri- On the contrary, they proceed to say that can ships. It is extremely desirable that “ pursuant to the suggestion of the British his majesty's government should have the commissioners, the ofhcial note of the 8th fullest information on this important point; of Nov. was presented.” To that Note and I have to request, that your lordships we beg leave to refer.—We considered that will be pleased to state to me, whether Note, and still consider it as pledging his the representation contained in this part majesty's government to give instructions of the note of the American commissioners to British cruizers, “to be very cautious be accurate; and whether your lordships in the exercise of the right of impressing signified any such acquiescence as is there British seamen, to take the strictest care described in the implied “ informal under- to preserve the citizens of the United standing, respecting the forbearance to be States from molestation or injury, and to observed by the British cruizers, in regard redress any grievances which might be to the practice of impressment of seamen sustained by them.”—When the negotiaon board of American vessels."

tion proceeded after our delivery of that I have, &c. George CANNING. Note, we thought, and still think, that the No. III. Letter from lords Holland treaty which we signed (omitting the Vol. X.

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