Relations with Great Britain. other: Provided always, That nothing contained in this article shall be understood to apply to any seamen, being natural born subjects of His Britannic Majesty, or natural born citizens of the United States, who have been naturalized by the respective laws of either Power previous to the signature of the present convention. 2. The high contracting parties engage to deliver, each to the other, within eighteen months from the ratification of the present convention, a list, as far as it may be found practicable to obtain it, containing the names and description of the seamen falling within the said exception, specifying the places of their birth, and the date of their becoming naturalized. And it is further agreed that no person, whose name shall not be included in the said lists, shall be deemed to fall within the said exceptions. 3. It is however agreed that, if one of the high contracting parties shall, at any time during the continuance of this convention, think fit to notify to the other that it does not insist upon the exclusion of its natural born subjects, or natural born citizens, from the public or private marine of the other party, it shall be competent to the said other party, notwithstanding the engagement set forth in the first article of this convention, no longer to exclude the said subjects or citizens: Provided always, That, whenever the Power which has made the said notification shali recall the same, its recall shall be immediately communicated to the other contracting party; and, on receipt of such communication, the Power receiving the same shall forthwith make it known, in the most public and official manner, and shall use its utmost endeavors to restrain the said subjects or citizens of the other party from further serving in its public or private marine, and shall enforce the exclusion of such of the said subjects or citizens of the other Power as may then be in its service, as if no such stipulations as are contained in the preceding part of this article had been agreed to. ten years, and they reserve to themselves to concert as to its renewal, at such convenient period, previous to its expiration, as may insure to their respective subjects or citizens, as aforesaid, the uninterrupted benefit which they expect from its provisions: Provided always, That either Power may, if it deem it expedient, upon giving six months' previous notice to the other, wholly abrogate and annul the present treaty. 6. It is agreed that nothing contained in the preceding articles shall be understood to impair or affect the rights and principles on which the high contracting parties have heretofore acted in respect to any of the matters to which these stipulations refer, except so far as the same shall have been modified, restrained, or suspended by the said articles. And whenever the present convention shall cease to be in operation, either by the expiration of the term for which it is enacted, without any renewal of the same, or by the abrogation thereof by either of the contracting parties, as herein before provided, or (which God forbid) by any war between the high contracting parties, each of the said high contracting parties shall stand, with respect to the other, as to its said rights and principles, as if no such convention had ever been made. ARTICLE D. (a.) Whenever one of the high contracting parties shall be at war, any vessel of the other party, sailing for a port or place belonging to an enemy of the party at war, without knowing that the same is blockaded, may be turned away from such port or place; but she shall not be detained on account of such blockade, unless, after such notice, she shall again attempt to enter. And, in order to determine what characterizes a blockade, it is agreed that that denomination shall apply only to a port where there is, by the disposition of the Power which blockades it with a naval force, stationary or sufficiently near, an evident danger in entering. 4. It is agreed by the high contracting parties, (b.) In order to regulate what is in future to that, during the continuance of the present con- be deemed contraband of war, it is agreed that vention, neither Power shall impress or forcibly under the said denomination shall be comprised withdraw, or cause to be impressed or forcibly all arms and implements serving for the purwithdrawn, any person or persons from the ves- poses of war, by land or by sea, such as cannon, sels of the other party, when met upon the high mortars, muskets, pistols, and other fire-arms, seas, or upon the narrow seas, on any plea or pre- petards, bombs, grenades, carcasses, saucisses, text whatsoever: Provided always, That noth- rockets, carriages for cannon, firelocks, musketing contained in this article shall be construed to rests, bandoliers, gunpowder, saltpetre, match, impair or affect the rights of either Power to im- balls and bullets, helmets or head-pieces, cuiraspress or forcibly withdraw, or cause to be im-ses, swords, pikes, halberts, lances, javelins, sadpressed or forcibly withdrawn, its natural born subjects or natural born citizens, not falling within the exceptions mentioned in the preceding articles, from any vessel being within its ports, or within its ordinary maritime jurisdiction, as acknowledged by the law of nations: And also provided, That nothing herein contained shall be construed to impair or affect the established right of search, as authorized in time of war by the law of nations. 5. The high contracting parties have agreed to extend the duration of the present treaty to dles, bridles, and other horse furniture, holsters, pouches, belts, and generally all other implements of war; as, also, timber for shipbuilding, tar, or rosin, copper in sheets, sails, hemp, and cordage, and generally whatever may serve directly to the equipment of vessels, unwrought iron and planks only excepted; and all the above articles are hereby declared to be just objects of confiscation, whenever they are attempted to be carried to an enemy. (c.) In all cases of unfounded detention, or other contravention of the regulations stipulated Relations with Great Britain. by the present treaty, the owners of the vessel and cargo detained shall be allowed damages proportioned to the loss occasioned thereby, together with the costs and charges of the trial. All proper measures shall be taken to prevent delays in deciding the cases of ships or cargoes so brought in for adjudication, and in payment or recovery of any indemnification adjudged or agreed to be paid to the masters or owners of such ships or cargoes. And whenever sentence shall be pronounced against any vessel thus captured or detained, or against her cargo, or any part thereof, a duly authenticated copy of all the proceedings in the cause, and of the said sentence, shall, if required, be delivered without delay, to the commanders of the said vessels, or to the owner thereof, or to the agent of either, on payment of all legal fees and demands for the same. The commanders of ships-of-war and priva teers of the belligerent party shall, in the searching of the merchant ships of the other party, conduct themselves according to the acknowl. edged principles and rules of the law of nations, and as favorably, moreover, as towards the most friendly Power that may remain neuter. The said commanders, their officers, and crews, shall forbear doing any damage to the subjects or citizens of the other party, or committing any outrage against them; and if they act to the contrary they shall be punished, and shall also make satisfaction and reparation for all damages, and the interest thereof, of whatever nature the said damages may be. (d.) The ships-of-war and privateers of the two nations, as well as their prizes, shall be treated in their respective ports as those of the most favored nation. It shall not be lawful for any Power or State at war with either of the high contracting parties, or the subjects or citizens of such Power or State, to fit out or arm ships-of-war, or privateers, in the ports of the other of the high contracting parties, nor to sell what they may take as prize from the ships or vessels of the high contracting party with whom such Power or State may be at war, in the ports of the other, nor in any other manner to exchange the same; nor shall they be allowed to purchase more provisions than shall be necessary for their going to the nearest port of that Power or State to which they belong. shall have assisted in saving their persons, vessels, (f.) If at any time a rupture should take place MEMORANDUM E. Upon the subject of these articles numbered from a to k, which were brought forward by the American Plenipotentiaries, and annexed to the protocol of the third conference, the British Plenpotentiaries stated that, although they were not instructed to bring auy of these topics before the conferences on the part of Great Britain, and although they considered it by no means necessary that the two countries should now come to any conventional arrangement relating to them, they were, nevertheless, ready to agree to the annexed articles (a, b, c, d, e, f,) which embraced all the points upon which, in their judgment, it was expedient that the two countries should enter into positive stipulations. Slaves. ARTICLE. Whereas it was agreed by the first article of the Treaty of Ghent, that "all territory, places, and possessions whatsoever, taken by either party from the other during the war, or which may be taken after the signing of this treaty, excepting only the islands hereinafter mentioned, shall be restored without delay, and without causing any destruction, or carrying away any of the artillery or other public property, originally captured in the said forts or places, which shall remain therein upon the exchange of the ratifications of this treaty, or any slaves or other private property:" And whereas, under the aforesaid article, the United States claim for their citizens, and as their private property, the restitution of, or full compensation for, all slaves who, (e.) In the event of a shipwreck happening to at the date of the exchange of the ratifications of any vessel or vessels belonging to either of the the said treaty, were in any territory, places, or high contracting parties, or their subjects and possessions whatsoever, directed by the said treaty citizens, on the coasts of the other, every assist- to be restored to the United States, but then still ance shall he given for the protection of the un-occupied by the British forces, whether such fortunate persons, and for the preservation of the ship, cargo, and all effects which may be saved, either from on board the ship, or in any other manner whatever; and the same shall not be concealed, nor detained, nor damaged, under any pretext whatever. On the contrary, the same shall be preserved and restored to them, upon a suitable recompense being given to those who slaves were, at the date aforesaid, on shore or on Relations with Great Britain. the high contracting parties do hereby agree to refer the said difference to some friendly Sovereign or State, to be named for that purpose; and the high contracting parties further engage to consider the decision of such friendly Sovereign or State to be final and conclusive on all the matters referred. No. 10. Amendment to boundary line, proposed by American Plenipotentiaries at the eighth conference. In lieu of the latter part of the article insert: "And it is agreed that any such country as may be claimed by either party on the Northwest coast of America, or on the continent of America westward of the Stony mountains, shall, together with its harbors, bays, and creeks, and the navigation of all rivers within the same, be free and open, for the term of ten years from the date of the signature of this treaty, to the vessels, citizens, and subjects of the two Powers; it being well understood that this agreement is not to be construed to the prejudice of any claim which either of the two high contracting parties may have to any part of the last-mentioned country; nor shall it be taken to affect the claims of any other Power or State to any part of the said country-the only object of the two high contracting parties. in that respect, being to prevent disputes and differences among themselves." No. 11. article upon that subject, unless the American Plenipotentiaries were prepared at the same time to accede to articles which should put the intercourse between Bermuda and the United States, as well as between Nova Scotia and New Bruns wick and the United States, upon the footing contemplated in the article originally offered by the British Government with respect to Bermuda, and in that respecting Nova Scotia and New Brunswick, brought forward at a former conference by the British Plenipotentiaries. The American Plenipotentiaries declared that their instructions did not authorize them to sign the West India article as proposed by the British Plenipotentiaries, but agreed to take the whole question ad referendum to their Governments. It was agreed to meet on Friday, the 20th instant. ALBERT GALLATIN, FREDERICK J. ROBINSON, F. It is agreed that the vessels of the United States shall have liberty to import from* [any of the ports of the United States to which any foreign vessels are permitted to come, to] any of the ports of His Britannic Majesty's dominions in the West Indies, which shall be open to the vessels of any other foreign Power or State, tobacco, Protocol of the eighth conference between the Amer-pitch, tar, turpentine, staves, headings, shingles, ican and British Plenipotentiaries, held at • Whitehall, on the 19th of October, 1818. Present: Mr. Gallatin, Mr. Rush, Mr. Robinson, Mr. Goulburn. The protocols of the two preceding conferences were agreed to and signed. The several articles upon the fisheries; the boundary; the territory westward of the Stony mountains; the captured slaves; and the renewal of the existing commercial convention, were agreed to. The American Plenipotentiaries expressed their regret that the rejection of several of the amendments which they had offered to the projet on impressment, and which they deemed essential, compelled them to decline acceding to that projet. The great alterations made by the British Plenipotentiaries to the articles proposed by the American Plenipotentiaries on maritime rights, also induced the latter to think that, although a season of peace appeared the most favorable time for arranging such subjects, it would be inexpedient to discuss them any further, more especially as it had never been the intention of the American Plenipotentiaries to adopt or propose any articles upon maritime subjects, without an adjustment of that on impressment. The British Plenipotentiaries brought forward an article, as annexed, (F,) upon the subject of the direct intercourse between the West Indies and the United States of America; but they stated that they could not consent to sign any 15th CoN. 2d SESS,-50 of all sorts, except salted provisions of any dehorses, mules, poultry, live stock, and provisions scription, whether meat, fish, or butter, such articles being of the growth, produce, or manufacture of the United States; and the said vessels shall also have liberty to import, in the same manner, any other articles of the growth, produce, or manufacture of the United States, the impor tation of which into the above-mentioned ports shall not be entirely prohibited from every other foreign country or place. The vessels of the United States shall likewise have liberty to export from any of the aforesaid ports of His Britannic Majesty's dominions in the West Indies, to any of the aforesaid ports of the United States, rum, molasses, and salt, being of the growth, produce, or manufacture of any of His Britannic Majesty's above-mentioned dominions in the West Indies; and the said vessels shall also have liberty to export, in the same manner, any other articles of the said growth, produce, or manufacture, the exportation of which in foreign vessels from the said ports to any other foreign country or place shall not be entirely prohibited. British vessels shall, in the same manner, have liberty to import from any of the aforesaid ports of His Britannic Majesty's dominions to any of the ports of the United States, rum, molasses, and salt, being of the growth, produce, or manufacture The words within the brackets were not inserted, as is supposed by an accidental omission in the copy handed in by the British Plenipotentiaries. Relations with Great Britain. of His Britannic Majesty's above-mentioned do-ed from any of His Majesty's dominions: Prominions in the West Indies; and British vessels vided, That in such case such similar articles shall also have liberty to import, in the same shall be of the growth, produce, or manufacture manner, any other article of the said growth, of His Majesty's possessions. The same duties produce, or manufacture, the exportation of which shall be paid, and the same bounties shall be alfrom the said dominions of His Britannic Majesty lowed on the exportation of any articles which to the United States shall be allowed as aforesaid may, by virtue of this article, be exported either in vessels of the United States. from the said ports of His Britannic Majesty's dominions in the West Indies to the United States, as from the United States to the abovementioned ports, whether such exportation shall be in vessels of the United States or in British vessels. British vessels shall likewise have liberty to export from any of the aforesaid ports of the United States to any of the aforesaid ports of His Britannic Majesty's dominions in the West Indies, tobacco, pitch, tar, turpentine, staves, headings, shingles, horses, mules, poultry, live stock, and provisions of all sorts, except salted provisions of any description, whether meat, fish, or butter, such articles being of the growth, produce, or manufacture of the United States; and the said vessels shall also have liberty to export, in the same manner, every other article, being the growth produce, or manufacture of the United States, the importation of which into the British ports from the said United States shall be allowed in vessels of the United States. The vessels of either of the two parties, employed in the trade provided for by this article, shall be admitted in the ports of the other, as above mentioned, without paying any other or higher duties or charges than those payable in the same ports by the vessels of such other party; and they shall have liberty, respectively, to touch, during the same voyage, at one or more of the above-mentioned ports of the other party, for the purpose of disposing of their inward and of taking on board their outward cargoes. No other or higher duties shall be paid on the importation into the United States of any of the articles which may be imported therein, by virtue of this article, when imported in British vessels, than when imported in vessels of the United States; nor when imported directly from the above-mentioned ports of His Britannic Majesty's dominions, than when imported in a circuitous manner. And no other or higher duties shall be paid on the importation into any of the abovementioned ports of His Britannic Majesty's dominions of any of the articles which may be imported therein by virtue of this article, when imported in vessels of the United States, than when imported in British vessels; nor when imported directly from the United States, than when imported in a circuitous manner. It is agreed, moreover, that no other or higher duties shall be charged upon any of the above-mentioned articles, being of the growth, produce, or manufacture of the two countries, respectively, when imported by virtue of this article, on the one hand, into the said ports of His Britannic Majesty's dominions, or into the ports of the United States, on the other, than may be charged on similar articles when imported from any other foreign country; but His Britannic Majesty reserves to himself the right to impose higher duties upon all articles so allowed to be imported into the said British ports from the United States, than are, or may be, chargeable upon all similar articles, when import No. 12. Protocol of the ninth conference between the American and British Plenipotentiaries, held at Whitehall, on the 20th of October, 1818. Present: Mr. Gallatin, Mr. Rush, Mr. Robinson, Mr. Goulburn. The protocol of the preceding conference was agreed to and signed. The Plenipotentiaries then proceeded to sign the convention. ALBERT GALLATIN, FREDERICK J. ROBINSON, Mr. Rush to the Secretary of State. LONDON, October 27, 1818. SIR: I had the honor to write you a few lines on the 19th instant, and immediately forwarded them in triplicate to the Consul at Liverpool, to be sent off by the earliest ships, to say that we had on that day agreed to sign a treaty with the British Plenipotentiaries on the points which I enumerated. It was signed on the 20th. The joint despatch from Mr. Gallatin and myself. bearing date on the same day, giving an account of the whole progress of the negotiation, was, together with the convention itself and all the accompanying documents, forwarded from hence to Liverpool on the 24th. After consulting with Mr. Gallatin, I did not feel at liberty to employ a special messenger to be the bearer of the convention, trusting to the ordinary opportunities by our merchant vessels, which are so constant, and in general so safe. I accompanied the packet with a special letter to Mr. Maury, apprizing him of the importance of committing it to hands that were trustworthy, and with directions that it should be delivered to the postmaster at New York, or wherever else the ship may arrive, without any delay. It will thus, I hope, reach Washington with all expedition and safety. On the side of the British Plenipotentiaries a special secretary was employed for the business of this negotiation. On ours Mr. Smith has acted; a circumstance which is alluded to only that I may add how unremitting has been his attention, and how useful his services. Mr. Gallatin set out on his return to Paris on the morning of the 22d. Duplicates of the convention, the despatch, and all the other papers, will be transmitted at the earliest moment that they can be copied. Relations with Great Britain. Both these proposals, at the time when they were offered, or shortly afterwards, had been rejected, with an intimation from Lord Castlereagh to Mr. Rush, in the latter instance, that the objections of the British Cabinet against them would be presented in writing. After what is said in your despatch of the 28thernment, warranted by his former instructions of of July, to the joint mission, respecting Judge legislative measures for excluding British seamen Wallace's decree, on the 29th of August, 1817, at from the naval and merchant service of the UniHalifax, in the cases of the captured fishing ves- ted States, on condition of a formal stipulation sels, it is proper I should state that I have been on the part of Great Britain that the impressment informed by Mr. Slade, in a note of the 14th of of men from the vessels of the United States shall this month, that no appeal has been entered by henceforth cease. the captors from the sentences of restitution; and that, the time having now gone by allowed by the practice of the admiralty for entering appeals, none can be entered. He adds, that as the owners of the vessels were obliged to give bail at Halifax to answer the appeals, it is possible that thay may also have been made to place counter- Afterwards, however, on the 14th of August, security in the hands of the bail; in which case, he expressed his willingness that the subject the bail may refuse to part with such security, should be taken up in the proposed negotiation of without a desertion from the appellate court here a commercial treaty, and avowed, as an opinion that is, a decree that the appeals had not been of his own, upon which he had, indeed, not conprosecuted, and that the original sentence should sulted with his colleagues in the Cabinet, that be carried into effect. But as such a decree these proposals might, with certain modifications, would be attended with expense, he does not ad- which he thought very important to Great Bri vise it for the present. In the event of its becom-tain, and of little moment to the essential object ing necessary to the owners, they should be informed that they cannot have the benefit of it until office copies of the decrees of restitution at Halifax are first forwarded. Mr. Slade is the proctor whom I employed contingently to give attention to these cases, as mentioned in my despatch of the 21st of March. of the United States, be rendered acceptable. These were: 1. That the treaty containing the stipulation should be limited to a duration of ten or twelve years, with liberty to each party to be absolved from its stipulations on a notice of three or six months. 2. That the British boarding officer, entering American ships at sea for a purpose justified under the laws of nations, should have the liberty of calling for a list of the crew, and, if he saw a man whom he knew or suspected of being an Englishman, he should, without taking the man, have the privilege of making a record or procès verbal of the fact, to be presented to the consideration of the American Government. From the instructions of the 28th of July, I infer that Government contemplated becoming instrumental to the solema argument of the great question of right under the treaty of 1783, only in the event of no article respecting the fisheries being agreed upon. As one has been signed, I design to take no further steps on this head, should the convention be ratified, without further instructions from the Department. I mention this, perceiving from the newspapers that there have been fresh captures of our fishing vessels during the last season, followed by sentences of condemnation, from which appeals on the part of the claimants may, I take it for granted, be antici-a pated. With very great respect, &c. RICHARD RUSH. Mr. Adams to Messrs. Gallatin and Rush. DEPARTMENT OF STATE, Washington, November 2, 1818. GENTLEMEN: From the despatches which, since I last had the honor of writing to you, have been received at this Department, from Mr. Rush, dated the 24th and 26th of June and the 15th of August, it appears that there are two subjects likely to be brought under consideration in your conferences with the British Plenipotentiaries, which were not contemplated by the President at the time when your former instructions were prepared-impressment and the slave trade. Impressment. In the notes, Nos. 1 and 2, delivered by Mr. Rush to Lord Castlereagh, the first on the 18th of April, and the second on the 20th of June, both the offers had been made to the British Gov These suggestions have received the fullest and most deliberate consideration of the President, with the earnest disposition on his part to view them in the most favorable light. He welcomes them, especially, as the first indications of consciousness in the British Cabinet that the permanency of peace between the two countries is utterly incompatible with the resumption of the practice of impressing men from our vessels on the high seas-a conviction so profoundly impressed upon his own mind, that he scarcely thinks any discouragement could justify a remission of our efforts to remove this inevitable cause of future collisions, so long as the practice hitherto persevered in shall continue to exist. It is readily agreed that the treaty to contain the stipulation shall be limited in duration to eight, ten, or twelve years; but that either party should have the liberty of putting an end to the whole treaty by a notice of three or six months, would seem to place the whole commercial relations between the two countries upon too precarious a foundation. Some of the stipulations proposed in your negotiation are, in their nature, intended to be permanent, even in the event of a war; others would require legislative regulations to protect interests which would be deeply affected by the sudden termination of the treaty. The President, nevertheless, authorizes you to |