AMERICAN

"I must observe to you, however, that either another proviso, or a clear understanding to the same effect, or at least an understanding that the question is open for future settlement, will be proper, in order to supersede pretensions which the British government may otherwise found on their possession of the island of Grand Menan, and the silence of the instrument with respect to it. This island is of considerable extent, is clearly within the general limits of the United States as fixed by the treaty of peace, and is understood not to be within the exception made by the treaty, of islands appurtenant to Nova Scotia, since all such islands must be either west, east, or north of the coast of that province, and within six leagues thereof; whereas the island of Grand Menan is nearly due south of the nearest part of the coast, and is either in the whole or with the exception of a mere point, beyond the distance of six leagues. No just title can therefore be alleged on the British side, and care would have been taken to guard against a pretended one by a clause to that effect, if the facts of British settlement, and the exercise of British jurisdiction had been known at the time. now transmitted will sufficiently explain the subject, and The documents enable you to annex a proper clause to the convention. One of these documents will give you a view at the same time of a late case, in which an American vessel, bringing plaster of paris from Nova Scotia to the United States, was condemned. In strictness of law the condemnation may have been not objectionable, but considering the continuance of the trade for a length of time, and the official sanction added to the usage, the case makes a very strong appeal to the equity and liberality of the British government. The dependence of the British settlements in that quarter on supplies from the United States, more essential to them than plaster is to us, suggests other considerations not unworthy of attention. These, however, will be brought most advantageously into view in one of the branches of the joint negotiation."

Extract of a Letter from Mr. Madison to Mr. Monroe. May 22, 1807.

"In my letter of March 18 to the joint commission, it was signified that, in a conventional arrangement on the subject of boundaries, it would be inconsistent with the views of the President, to open any part of Louisiana to a British trade with the Indians. From the evident solicitude of the British government on this point, it is highly probable that the determination of the President will be a bar to any adjustment of that part of the differences between the two countries; nor is it very probable, considering the jealousy and want of information on the British side, that, independently of that obstacle, the adjustment would at this time be concluded. That you may not, however, be without any information which might contribute to its accuracy, or put you on your guard against propositions militating against any of our just pretensions, I transmit herewith copies of a communication from the governour of New York, and of another from the governour of Vermont. With respect to the last it may be sufficient merely to save the right of correcting the alleged errour at a future day. With respect to the subject of the former, it may be proper either to leave that also open to future discussion, or rather to provide for a joint examination and report relative to the islands and channels in the St. Lawrence, &c. The most obvious and convenient demarcation would seem to be the channel best fitted for navigation. But as a more equal division of the islands might possibly be made without losing sight of a sufficient channel for common use, and as military positions may be involved in the case, it may be most safe and satisfactory to both parties, to proceed on more thorough and impartial information than is now possessed by either. I address these communications to our ordinary minister at London, merely because the subject has not been formally transferred to the joint commissioners. They will of course be for the use of the latter, if this branch of the negotiation should remain in their hands."

Extract of a Letter from Mr. Monroe to Mr. Madison. London, March 18, 1804.

"I SHALL pay all the attention to the instructions contained in your letter of the 5th of January, which is due to their great importance. As soon as I am sufficiently possessed of the subject, I shall ask a conference with lord Hawkesbury, to propose to his government a convention between the two nations for the adjustment of the points, and on the principles of the project you have sent me. I hope to be able to commence the business in a week or ten days, and flatter myself that the negotiation will be productive of real advantage to the United States. Should it even not succeed in all its objects, the attempt must nevertheless be considered as a very satisfactory proof of a strong desire in our government to preserve, on just ground, the friendship of this country, and is likely, by the explanations to which it may lead alone, to have that tendency. I am, however, far from thinking it improbable, that a suitable convention may be formed especially on some of the points that are deemed interesting."

Extract of a Letter from Mr. Monroe to Mr. Madison. London, April 15, 1804.

"Soon after my last, I requested an interview with lord Hawkesbury, which took place on the 2d instant, in which I informed him that I had received your instructions to propose to his government the regulation by convention of certain points, which I was persuaded both countries would find their advantage in placing on explicit and equitable ground. I stated to his lordship the concerns it was desired thus to regulate, in which I complied strictly with your views, and assured him that the object of the President was, to fix the friendship of the two nations on the most solid basis by removing every cause, which had a tendency in their intercourse or other relations, especially in time of war, to disturb it. In the conversation I entered into detail on every point, in which I was met by his lordship with an apparent candour, the sincerity of

which I had no reason to doubt, which manifested a disposition equally strong in favour of the professed, and indeed real object of the proposed negotiation. He requested me in the conclusion to furnish him a project, which he promised to submit to his cabinet, and to communicate to me the result of its deliberations on it as soon as he could. I have since sent him a project, but too recently to admit my obtaining an answer to it. I am inclined to think, from what passed in the conference, that some advantage may be fairly expected from the negotiation. His lordship did not bind himself to any thing it is true; he even went so far as to express a wish that the principles of our treaty of 1794 might be adopted in the present convention, where they applied; and an expectation, that if the accommodation which had been given in certain cases to the northern powers should be stipulated in our favour, that we should accord fully what they had yielded in return. Although I was very desirous to do justice to the moderate and friendly views of our government on the occasion, yet I did not fail to give him to understand that I could not accede to his idea in either case. I shall endeavour to bring the business to a conclusion and apprize you of the result as soon as possible, when I shall also communicate fully and in detail an account of what passes between us in the course of the transaction."

I am, with great respect, &c.

JAMES MONROE.

Extract of a Letter from Mr. Monroe to Mr. Madison. London, August 7, 1804.

“I RECEIVED a note from lord Harrow by on the 3d instant, requesting me to call on him at his office the next day, which I did. His lordship asked me, in what light was our treaty viewed by our government. I replied that it had been ratified with the exception of the fifth article, as I had informed him on a former occasion. He observed that he meant the treaty of 1794, which by one of its stipulations was to expire two years after the signature of preliminary articles for concluding the then existing war between Great Britain and France. He wished to know, whether we considered the treaty as actually expired. I

said, that I did presume there could be but one opinion on that point in respect to the commercial part of the treaty, which was, that it had expired: that the first ten articles were made permanent; that other articles had been executed, but that then, being limited to a definite period which had passed, must be considered as expiring with it. He said it seemed to him doubtful, whether the stipulation of the treaty had been satisfied by what had occurred since the peace that a fair construction cf it might possibly require an interval of two years peace after the war, which had not taken place in point of form, much less so in fact, for the state of things which existed between the countries through that period was far from being a peaceable one. I informed his lordship, that the distinction had never occurred to us, though certainly it would receive from our government all the consideration which it merited, especially if it was relied on, on his part. After some further conversation, he seemed to admit that the construction he had suggested of the stipulation referred to was rather a forced one; that by the more obvious import of the article the commercial part of the treaty must be considered as having expired. What then, says he, is the subsisting relation between the two countries? Are we in the state we were at the close of the American war? By what rule is our intercourse to be governed respecting tonnage, imposts and the like? I said, that the law in each country, as I presumed, regulated these points. He replied, that the subject was nevertheless under some embarrassment here. He asked, how far it would be agreeable to our government to stipulate, that the treaty of 1794 should remain in force until two years should expire after conclusion of the present war? I told his lordship, that I had no power to agree to such a proposal; that the President, animated by a sincere desire to cherish and perpetuate the friendly relations subsisting between the two countries, had been disposed to postpone the regulation of their general commercial system, till the period should arrive, when each party, enjoying the blessings of peace, might find itself at liberty to pay the subject the attention it merited; that he wished those regulations to be founded in the permanent interests, justly and liberally viewed, of both countries; that he sought for the present only to remove certain topicks which produced irritation in the intercourse, such as the