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IN THH ?tc4>.vn ?TO?* ?r TUB IK)C*?OCCVm? HIT DAYM AVB I
\V no I ' W All (>, ON fit C M A TllitiU N NT. '
iijfflVi Mi of Siibierlf>t!rt+~fytce Dollar* |>tr annum. pay*
?; nfiip iii ndvuni*?..X<? pupor to be tli>continuc<l, but ftt
tlientn i<?n oniieTUlitirrii until all WTMumwi arepakl.
?V 1 1 1<< not ion of t lie Ya\ iji*', until ull Mre*mrr? arepakl.
.,|?/| crtlnmenf not cxceed i?? fRurteeti Itim, iwiertcd .
' the rtrst time for ecvcnty?llVo eenu, utkl forty cent* for
, f.K'U atibwqucnt ImcrtUm VjmmI In the miih' proportion |
y? for a Itrnvr nmntrtr of IWM. v . >
;fJL iU'.'.l fi... l ? 1 4l~MufcU.UA JJ.... . 1 ? "
8TA.T?PAPB1W.,<
; Trnnnmittfd by (he President to tkeffennte with
thr Convention of Commerce btiwcen the Uni *
? tM Stiitv* arid fireut-ltritain.
fixirart ofa JftUcr from Mex?W. Clav rnvl flilhtln totlie
Roc', of. tuato, dated jtotwlnp, May 18 181ft ',
Having. had reason to bclie.ve, tliat the Jlri
rrovernment Itnil abstained from answering
ti'C i Mm inn mention 6f the joint commission at
Cil.viif, of tm -^frrr ddy.of December, 1814.
until they received official information of the
^ American rntificfltinnoi' the Treaty of Peace,
Two thought it. advisable, goon after the event
was know* <o tiff, to repair to tills cltr, in order
flint we might ascertain the dinponition of this
. government it to tho commercial intercourse
ketweeu the two counties.
'?* Hliortlv nftcrbur arrival here wo were invited
by- lord t.asflereagh to an Interview with him. ?
A minute of the suhtfnncc of tne conversation
which took place on tliat occasion* as drawn up
-and agreed toby the parties, is enclosed. We
communicated to Mr. Goulburn, the next dav,
>jJoiir answer upon the throe subjects to which the
Conversation related.
& In the interview with T.ord Castlerengh, ho
ljnd dated, that four or five days might ho nr.
;lpssary on their part, to prepare for the pro
tiOhcd conversation. ? Nearly force weeks hav
p;c elnpKed without honring'further on tho sub
fci t. we took what appeared to iih, a fit occasion
to intimate our intention of leaving London.
'A few days after, we received an invitation from
;|he vice president of the board of trade, Air.
jRobimwm, to call at his oflice on the 1 1th instant,
?We nccordin?ly attended, and were received
by him nnd Messrs. (toulhuru nnd Adams, two
?f the Hritinh commissioners, who had negoci
pM the treaty of (Jhent. "
,-i They opened the. convention by adverting
t'> what had led to this interview, and professed
.{themvelvoR to be ready to receive any proposi
tions we inijtht choose to make. We otMf/y^j
that in the tieatios which America had hereto*
fore made, particularly with this country, res
isting commc ivinl intercourse, there were Kobe
Wflllv comprised too subjects, one, which res
pected commercial regulations, applicable, to a
date of p-V? ?? r*h*etbor,
.vliich renin- 1 a the nghfa and duties of the par
vies j one being at war, and the other remaining
i at peace. Accordingly, our government hod
instructed ns to bring forwanfboth .tliose sub
jects. Aa to tho commercial iritercourae, .without
o* thin time going into details, or minor points,
which it tnijjht bo npccssaty in the progress of
the nc-jfociution, to adjust, we would contejtt
ourselves in this unofficial conversation* with
pouching on the most important topics, wilich
it seemed to undesirable to discuss and arrange.
Tkeso were, tliat the two countries should res
pective! v be placed on the footing of the nation
Who most fnvored i that in the trade betweep
^America and the Ilritish European dominions,
ell. discriminating duties, on tonnage and oil
Merchandize, cither- imjiorfed or exported,
l.hould be abolished j tjiatdhe trade between
America and the llritish West-Indies, should
be regtilafcd and placed, oti some more permanent
biisip than the occasional acU of the colonial
authorities | that tjio nature and kind of irfter
course between America and the adjoining Jlri
. fish provinces, should lie defiued and provided
fori and that the trade with the llrltlsli India
pru*e#sionA, should ho Opened to America on'
lilici ;il ],i im ij.lcM. ?'* j(>
In. regard to tho discriminating duties, we
remarked (lint a pronation to abolish them, llrat
came from (? rent -Uiilain, and a provision to
flint effect, was inserted in the unratified treaty
of U:oO. Congress, had taken up the matter
nt their h?sf session, and passed an act, which
we explained. We thought it desiraide that
they should bo abolished, in order to prevent
t.m?e ctdljsionsi nnd tjtat system of commercial
Mfirhins in wlmli (lie two countries would pro*
Inbly he involved by an adherence to thoij.?
A- an exmople, we mentioned the great exfin
d'ify, to which, as we undorsbKMl, the article
of rot ton v. ;ih liable, by the JJritish lawp. when
impiiiied in foreign vessel*, nnd which, if per
si>ted in, v.ooid certainly lie met by somucoun
fervailing re^hifioiis.
( rc?M?eet ff> lie trade to llritish. India, we
o'nerved, that we !i;id no e'loivnlent to oflfcr for
it : tl.r.t i( wns for Oiekt-lhitain fo consitlcr*
whether a conimerre, roiitfietim' as it "few
mod entirely in the e\rhani(c of our *pe$l|yfor
India produce, un?4 not of a nature to dexerve
the mod libei nl encouragement ? but, that we
had rather enter info no sfipuhition on the sub?
jecf, 4han be rcifricted to a direct intercourse,
n< had been proved bv the unratified treaty,
both on the outward audrcturii vovaae, .
On the other subject, ,0m rig|,(a and dutien of
1^,^'S ?')?e bring Atf'war, and the other in
a condition of pe?c^>fe proeeedeil to remark,
that whiUt the proHfiect of a Ionic KMropean
jieace appeared to tkinU to wa* the caw When
t io tuwty of Uhent *a? e^nduded, it wes less
leiporbint to provide foi quenfiona arising undey
tins head, lltit It w*i impoitible to abut oiif
e ves to tho demond rations every wlipre making
nl a new war, whi^lj, if it p'iov'M assume a inrt
ritime character, mi^ht ajraib menace the bar*
monv and goml understanginu between the tWO"
cdunti'iOi# It wot do?lrablef were fore, to anti
J ' \ ' , V; ? ? **?
cipatc 8c provide for tlie evil. The flret and
moet important point wan that of impressment.
Great llritain had always professed a willing
nm to receive and consider any < proposition
which America should bo disposed to make on
that subject. It perhaps would be unprofitable
at this tune to go into a discussion of the right,
as to which wo would merely remark, that it
was impossible that there could be a stronger
conviction on the part of Great llritain, thai it
was^ with her. than there was on the part of A
merica, that it was on her hide.? it was belter
to look to some practical arrangement, by which
without- concession- of right by either party the
mischiefs complained of on both shies might be
prevented. To this end the attention of our
; uovcrninent hat been turned. Wo believed that
Great-Britain had never heretofore contended
that tho American4 government was boufUl to
prohibit tlte merchants of the United Htates from
employing foreign seamen, any more than it
was round to forbid their ship)>ing contraband
Article))* America, was however, now willing
to tnife upon horeelt* such an obligation, and
to exclude British seamen from her merchant
service; and we believed such' an exclusion
might be as effectually executed as our revenue
laws. Ilere wo called their attention to the
act which Congress had pawed on that subject,
ami to the message of tho President to that bo
dy towards t,he close of its last session, upon
tho supposition, that if the exclusion of Britilh
sevnen should be absolute and' entire, there
woittd no longer ox'iHt any ground for the claim
of impressment, and of courso no objection to
it* abandonment. We stated that besides the
motive which existed witji our government of
hoarding against collision with Groat-Britain,
another powerful one operated, that of encou
raging our native seamen, nnd of not being
obliged to rely on tho uuccrtnin supply of fo
reigner*. '^'o this system as a substitute for that
of impressment, it did not appear to us that
Great-Britain could object, unless it was thought
to Ih> impracticable in its execution. We had
no doubt ourselves, that even admitting that
there might be, as in cases of smuggling, occa
sional instances of evasion of the system of ex
clusion, it would nevertheless he upon tho whole
much more favorable in its result to Great
Uritain. This system would apply to, and ope
rate upon, every American .'vessel j whilst that
of impressment reached only the cases of those
vessels with which it accidentally came in con
tact. We were aware of the difficulties whldi
had heretofore opposed a satisfactory arrange
ment on thia subject. Still it was one of suclt
vital importance, so tending to bring thetwH
countries into collision, that it was impossible
it should receive a consideration too euriwstanu
too anxioui. - , v ?
% The next point which it seemed to us import
ant to settle, was the trade of America wijji
the colonists of the enemies of Great-Britain.?
Towards the end of the last European war,
questions growing out of that trade hail been
terminated by the conquest of tliOHe colonies by
Great-Britain, but many of them havinc been
restored at the peace, the disputes which here
tofore existed might again arise, 'lite former
arrangements on this subject might, with some
modifications, serve as a basis.
Wo then stated, that we did not intend, in
this preliminary and unofficial conversation, to
discuss the other points belonging to this branch
of tho subject. A definition of blockades wus
desirable hud could not, it seemed, be attend
ed with much difficulty, as we believed that
there was no real difference between the two
countries with respect to the abstract principle.
Hut we apprehended that the dispute* which
mj^ht hereafter take plnce on that subject, would
arita almost exclusively from questions of fact,
w.hich no previous definition could prevent.
As in tlio event of war, Great-Britain might
desire to know the disposition of our government
on the subject of privateers and prize*, we would
only now sav, that the.principle which might be
adopted w)tn respect to Great-llritain, whether
of admission or exclusion, must equnlly and
impartially apply to all the parties to the war.
These wtreill tho topics noticed by us, and
we enforced and illustrated them by various
other observations.
The Hritish gentlemen, professing not to have
expected those points t<? In* brought forwnrd
which applied to ft belligerent state Of one of the
parties, expressed a wish to know whether, in
our view, the two subject* were inseparable,
and whether w o could not come to an agree*
incut on (hose topics, which were probably less
difficult to be adjusted, leaving other* for further
consideration and future arrangement ? We
replied, that heretofore they had always aeen
blended together by our government and that
we Intended to bring them all for consideration t
that at present, however, wo only ore (tented
them for consideration ? as it would oe prema
ture at this time to make any of them a sow*
?iwi? awl that whether a treaty, omitting some
of them, would be acceptable,' must depend on
its Mperal tenor, and upon the extent and im
portance of the sutycct* which might be com*
prehended jn the arrangement.
Their proceeded to remark, that some of the
subjects had been always found to involve ex
treme difficulty, .particularly that of impress
ment i thaiureat-Hritaio was certainly prepared
at all times, to recelvo and to consider any pro
position that America might be disposed to make
In relation to it) but one of tho gentlemen re?
marked, that from the deep interest which was
.felt by Orcat-Ilritaln In it, she must view with
great jealousy, by which he said he meant vigi
lance, any such proposition? that tb* enquiry
which their had juat made as to our willingness to
separate the two subjecfo, proceeded from a wish
to ascertain whether it were likely that any
practical rpsult could be speedily obtained, if
they entered upon the negotiation at this time.
On the subject of discriminating duties men*
tloncd by uw, thcjr gait!' their government would
receive favorably the prb)>o?inou for a mutual
abolition of thbih. Am to the trade with India,
their government was not at All disposed to shut
us out (Vo^n it.? In regard to tiio trade to- the
WesMgVdies, considering the difficulties which
had heretofore presented themselves in placing
it, by treaty, >upon a footing satisfactory to both
l*artics, they feared it would not now "bo prac
ticable to enter into any stipulation respecting
it, which should ? meet the views of tnetwo
countries.
Tlie interview terminated by their Mating,
that they would report to the cabinet the sub
stance of what' had passed between us, and by
their plcdgjhg thmnselves to do nit in their
power to' 'afford uh nn early answer.
On the 16th instant, having boon ngafh invi
ted by the vice-president of tlie heard of trade
to call it hi* office, we accordingly attended,
anil wm received by tlie same gentlemen. ?
They staled that they lind reported to (lie cabi
net iyhty liad passed at ?lie Innt interview, and
were bow prepared to give us an answer on the
several topics to which tlie conversation related.
In doing this, they would observe tlie order
which had been marked out by iih.
1st*, On the commercial intercourse between
the two countricH, they were authorised to state,
that their government was ready to treat with
Us dn the footing of the most favored nation $ ?
and were also willing to enter into any arrange
ment by which all tlwcriminnting duties on im
portations and tonnage should be mutually done
away. They we're willing to admit us to the
enjoyment of the trade with British India, un
plugged bv the restriction on the outward voy
age contained in the unratified treaty, hut (mist
still twist on that contained in (he treaty of 1794,
op the return voyage. Considering that we had
candidly stated, that wc had no equivalent to
offerJ Qtcept what was to be found in the trade
itself, they would expect fur this concession, n
Spjrit of accommodation on our side, in other
parts of tifa' commercial arrangement, the fur
trade, or sOmc other.
'Hie trade with the British West Indies, they
stated, had always been a subject of great diffi
culty* and their government was not prepared
? y change in that colonial policy, to
li*d?o long adhered $ but they would
!- "Wild not form any obstacle to
with their North
were ttidy to re
psltions we might
a desire to plaice it
related" to ^
es should be at
was not necessa
been always attend
Still they were wit
ty, and with candor, to
proposition! we might
With regard to blockades, they could not think
it nccesoffry in enter into any treaty definition
of them, oa toe questions which might hereafter
arise on that aubject (according lo our own
statement) woul(l relate rather to the fact, than
to tlie principle, on which the two governments
socmen to agree. Indeed, they thought that
sueha definition might tend to weaken, as im
plying u doubt of the correctness of the prin
Iclwe. - ??? '??&*"> V&W'
'In relation to the trade with enemies, besides
the intrinsic difficulty Of the question, as here*
tofore experienced in all attempts to trrange it,
there was another, Arising out of their want of
information, as to whether France had adopted
any, and what, system of colonial policy* stneo
(lie restoration of the .colonies. It nifght be,
that she had opened their trade to foreign na
tion* in peace as in war, in which cane the ques
tions that had heretofore existed could not (>c a*
gitat?d again. -
Improssmenthwl, they continued, of all this
class of subjects, been found most difficult to ar
range. They were aware Itow important it was
considered in both countries, and how, in both,
it touched public sensibility. As heretofore,
they were' now ready to rccelve and consider
au v proposition our government might make re*
snccting it. And oven without utiy treaty stip
ulation, their goveriinient was now anxiously
engaged In devising means to prevent tic abus
cs of which we complain. If the law which
we had mentioned, at the last interview, should
lie elVectual in its object, it would doubtless do
away a great motive with them for impressment.
Still they were bound to consider, with the most
vigilant attention, any pro|>ositioii for the aban
donment of what they must consider a l ight es
sential to thoir safety. 'Hint law did not, how
ever, as they understood, settle the oucAtion.
who were to be considered as Mritisn subjects, a
question on which the two countries might not
be able to come to understanding.
With regard to our ideas respecting priva
teers and thoir prizes, they were certainly fair
and unexceptionable.
As they had hinted at some accommodation
in the fur trade, or in other parts of the com
mercial arrangement, for their supposed conces
sion respecting the India trade, we thought the
occasion suitable fur stating that we were posi
tively instructed not to consent to the renewal
of tho trade between lit itiah subjects and th?
Indians within our territories. We stated that
the disposition of our government on this sub
feet did not proceed from commercial, but poli
tical considerations, 'they did not insist upon
it, nor seem to think, that the determination of'
our government would pvevont an arrangement
of the Canada trade; One of them inquired,
whether we expected, in like manner, to be ex*
eluded from the trade with the Indians in their
t?rrit0rjes ? To which we replied, certainly.
? " ? W* ' y,V,
?? , We explained the Uw for the exclusion of fo
reign seamen from our servlce/and mentioned
(luit thtf naturalisation of (teamen would lie al
most altogether prevented, in future by the ne
cecity of a continued residence of five year*.
W'6 stated t tliat we were authorised to enter ip
to stipulations that' would* forbid tlte employ
men* of such Biimh teamen at* might, under
our law*, be hereafter naturalized, but that we
could not <to it with respect to those who1 were
already naturalized* We bad; thought, that m
to them, nn exception might be maue, permit
ting, on both hides, the voluntary employment
of Huch seamen, natives of one country, as might
hnvo huretofore been naturali'/.cd under the
taw m of the other country. We added, that
the number of Hritish seamen already na
turalized, which could constitute, a? it ap|>eared
to uh, the only difliculty in an arrangement,
wan very inconsiderable. Dr. Adams concur
red in the opinion, thut they were not many,
We made some furthur explanations* aiid ft
?in 1 1 v told them that, considering tliQ disposi
tions which we had been happy to meet with in
them, we would now say, thut we would enter
fpon the negotiation, ichcrving to ourselves,
However, the right, as ouj powers were several,
ns well as joinU to withdraw from it, if circum
stances should make it eligible to do mo, and to
leave to Mr. Adams, v/hoin we daily expected,
to conclude it.
The interview closed, by their undertaking
to provide themselves immediately with the ne
cessary powers to proceed ill the negotiation ;
and by an (insurance, that they would continue
to do all in their power to bring it to a speedy
and successful issue.
Extract of a minute of a conversation which
took- place at fsml Cattlereag/i'*, between hit
Lordship and wtfessrs. Clay and Oallatint A
pril 10, 1 K 1(1.
" Lord Oastlercagh then called tho attention
of the American commissioners tu a communi
cation made by them at (iheut relativo to their
Kwer to treat on t]ie commercial intercourse
tween the two countries. He sniil, before ho
gave an answer to that communication, ho should
l>e glad. if it were agreeable to the Ameiicuu
commissioner*, t'.at there should he an unoflici
al conversation between them ami the British
commissioners, who negotiated the treaty of
peace, together with Mr. Hobiuson, whom he
would associate with them for that purpose, to
uncertain if it were likely, that some general
principles could be agreed upon to form the ba
sis of a treaty of commerce. He should prefer,
that this conversation, like that which he under
stood had taken place in the former negotiation
between Lords Holland & Auklatttf, and Messri.
Monroe and Plnknev, should be free from offi
cial forms, and thought such a course best calcu
lated to ascertain if it were likely that the two
government* could come to any practical result
oh thie interesting, subject*
' ? It war obwrttd ty one of tlie American
commissioners, that |t|ch ? conversation would
be On terms of inequality, the American com
missioners beingr invested with powers, and the
other gentlemen having none y unless it was un
derstood, not only that it should be considered
as entirely unofficial, but that the same gentle
men should afterwards be commissiunedto con
cludes treaty, If it were thought that one could
be formed. 1?qrd Castlerfeagh remarked ift re
ply, that such was ccrtaiiuj his indention. ?
" The conversation ended in ait understand
ing that the American commissioners would con
sul t together upon the Ihr^ copies mentioned
by Lord Castler^agh, AjMfcommunicate on tho
following JUy <Oir. Ooulbwrn the result of
their delUw$tions." '
'Che. American Plenipotentiaries to the Secreta
ry of Mat*.
1. ON DON, JULY A, 181.1.
Sir? We have the honor to transmit a con
vention for regulating the commercial inter
course between the United States and ("treat
Britain, which we concluded this day with the
Uritiah plenipotentiaries.
Messrs. Clay and Oi^lstin's despatch of tho
18th May last, has Informed yon of the prelimi
nary steps taken by them on 'that subject.' Mr.
Adams arrived in London on tho fttftn of May,
(ind on the 3th of June, wo were invited by
Messrs, Hobinson, Ooulburn and Adams, to
meet them on the 7th. At this conference after
a mutusl exhibition of <Hir powers, and omne ge
neral observations, we delivered to them our
project of a commercial convention, a copy of
which, (marked 1) is herewith enclosed. They
Rromised to take it into immediate eonsidera
on | Slid on the 0th, informed us that they
would prepare and transmit to us a contra projeh
Believing that there was no prospect of an
immediate arrangement on the. subject of sea
men, and knowing that without it imtreatv, de
fining tho rights'turi duties of belligerents and
neutrals wart admissable, we excluded all tliat
related to ths.t branch of the subject from our
project and confined it to otyccts purely com
mercial.
We took the 3d article of the treaty of 1794,
respecting the intercourse with Cftnada, as the
basts of the corresponding article, emitting, ac
cording to our im?trticlfons, whatever related to
the Indian trade, fn drawing the other articles
we wett principally guided by the unratified
treaty of i 80(1, by the Tust rue lions giveti in rela
tion to it by the secretary of state, In his des
patch of May CO, 1807, and by the act of con
gress of Ad of March last, for aoolivhinx all dis
criminating duties. From the previous explicit,
declaration of the British plempotenfifltieti, wo
deemed it useless to offer tiny article on the sub
ject of the intercourse with 'tho Wont -India isl
ands) and only inserted a clause, to prevent the
application to that Intercourse of the provisi
on* contemplated by the convention.