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and Son, Mr. Austin, and Mr. Van Ness. Here we were detained by contrary winds until the 17th. Sailed, and after a tedious passage arrived at St. Andrews on the 22nd. There we exchanged our Commissions, were sworn, and appoiuted a Secretary. The mode we adopted was as follows: Colonel Barclay named 2 Gentlemen, to wit, a Mr. Blake, of New York, and his Son, Anthony Barclay; from these two, Mr. Van Ness and myself selected Mr. A. Barclay. Then Mr. Van Ness and myself each named one, to wit, Mr. Parris, of Maine, and a Mr. Orne, of New Hampshire. Colonel Barclay selected Mr. Orne. It was then agreed that the British Secretary should be attached to our Commission, and the American to the other. Both Secretaries are young Gentlemen of about equal standing.
The Agents appeared, and offered their Credentials. Mr. Chipman's authority was contained in a Letter of Instructions from Lord Bathurst: but he shewed no Appointment or Commission. Of course, I entered my objection on the Journal, but consented to proceed in the preliminary arrangements, on his promise to procure better evidence of his Appointment before the next Meeting. We received the Claims of the 2 Governments from their respective Agents, and adjourned to the 28th of May next, to meet at Boston. I should have preferred an earlier Adjournment, but Mr. Chipman is infirm, and could not travel in the Winter, The Hon. James Monroe.
(B.)—Mr. Holmes 10 Mr. Rush, Acting Secretary of State. DEAR SIR,
Alfred, D. M. 26th June, 1817. The Commissioners, on the 13th Instant, adjourned to meet at Boston, on the 25th September next. This Adjournment was after the Agents had introduced their evidence and made their arguments, that the Agents might bave time to reply. The Survey taken, under the Treaty of 1794, having been admitted in this case, and all the evidence necessary being produced, it was hoped that the subject would not have been delayed so long. But the Agents reluctantly consented to so early a day as the 25th September. This placed me in an embarrassing situation. This business must be finished before I take my seat in Congress. I still think, however, there is sufficient time to come to some result before the Session of Congress. Mr. Austin is very able, and has been very industrious. If the Gentlemen reply to each other, in September, and should require a further time to rejoin, it may press the business into the Winter. I am satisfied, that all that will be necessary, may be said in time to finish before the Session of Congress. I wish to finish, if possible, so as not to disappoint the Government, or my Constituents. Did I not believe that justice might be done the subject in that time, I would not urge the Agent to make
haste, let the consequence be what it might to myself. But I believe that the subject is not attended with much perplexity, and that it might be as well understood aster a month's further examination as in
Wbat the probability is of the Commissioners agreeing to any thing, it is impossible to divine at present. If we do agree, the sooner the People on the Frontiers know it, the better. If we do not, it will be im. portant that the Government should be soon advertised of it, that they may adopt ulterior measures. If, in any Communication with Mr. Austin, you should think it expedient to intimate that as much expedition as the nature of the case will admit, will be very agreeable to me personally, (if this be consistent with the feelings of the Government,) you will very much oblige me. My difficulty is upon the ground that I cannot take my seat in Congress while this business is pending. Upon this point there can, I apprehend, be little or no doubt.
My Constituents would, I have reason to think, be much disappointed, were 1 obliged to resign my seat. But even then, if my duty to the Government could not be otherwise performed, I should, perhaps, not hesitate.
I am, &c. The Hon. Richard Rush.
(C.)-Mr. Holmes to Mr. Rush, Acting Secretary of State. (Extracts.)
Alfred, 27th August, 1817. IF, upon consultation in September, we agree, no further argument would be necessary. If, which is not improbable, we should not agree, we might, having heard enough for ourselves, permit the Agents to rejoin afterwards, they judging that further argument might be necessary before the ultimate Tribunal ; or, if the Treaty does not admit other evidence or argument than what should be contained in the Report to go before the Friendly Sovereign, might not some arrangement be made between the 2 Governments in this particular ? I cannot myself see, that the Sovereign who is ultimately to decide, has any thing to do with the arguments of the Agents. If, however, he is to decide on the Report, or Reports, including the arguments, &c., then probably after-arguments might be received, so that no delay might be created after the Commissioners were satisfied for themselves.
Should the President feel disposed to authorize and instruct the American Commissioner to require the American Agent to be prepared to close his argument by a given day, if the nature of the subject would admit of it, I have no apprehension but the whole might be finished with the utmost ease. If His Britannic Majesty is equally solicitous to bring this subject to a close, his Minister at Washington
would probably not be unwilling to urge to Colonel Barclay and Mr. Chipman the importance of despatch.
I assure you, Sir, that I am not hurrying this subject unreasonably: within the time I am willing to give them, the Agents will have written more than 2,000 pages in Evidence and Arguments. Can this simple subject possibly require more? The Hon. Richard Rush.
(D.)-Mr. Holmes to Mr. Adams, Secretary of State. Dear Sir,
Boston, 2nd October, 1817. The Agents have been heard in reply to each other's arguments, delivered on the 28th of May, &c. and they ask a further hearing. The Argument and Documents already make more than 2,000 pages, folio. There is no prospect that the Commissioners will agree.
Colonel Barclay says he has heard enough, but is unwilling to take the responsibility of refusing the Agents a further hearing. I must leave the Commission on the 1st of December, to take my seat in Congress. Now what is to be done ? All the evidence is received, and the subject has been literally exhausted. I have told the Agents that, being satisfied that enough has been said, and that further delay would require my resignation, I am bound to call on my colleague to come to a decision ; and in case he is disposed to hear the Agents further, after he has expressly stated that he has heard enough, I shall be obliged to consider him as a refusing, declining, or omitting to act," and that I must make up a separate Report to that effect. This I shall be obliged to do, unless the President shall think that course improper. Do write immediately. I have not yet received an Answer to my last.
J regret that the Agents urge a further hearing. If Mr. Austin and Mr. Chipman should be directed by the President and Mr. Bagot not to insist on it, the difficulty would be removed.
I am, &c. The Hon. J. Q. Adams.
(E.)-Mr. Holmes to Mr. Adams. Dear Sir,
Alfred, 14th October, 1817. Since stating to you the perplexities attending our progress relative to proceedings under the IVth Article of the Treaty of Ghent, we have proceeded amicably, and been able to come to a Decision. As soon as Duplicates are properly engrossed, we shall send them. We meet for this purpose at New York, on the 24th November.
The Decision, though not perhaps so favorable to the United States as it ought to be, yet it is, I trust, better than to disagree, and such as comports with the honor as well as interest of The United States.
I am, &c. The Hon. J. Q. Adams.
(F.)—Mr. Holmes to Mr. Adams. Dear Sir,
New York, 24th November, 1817. HAVING this day completed the Decision, as Commissioner under the IVth Article of the Treaty of Ghent, and adjourned without day, I have the honor to resign the office, and to be your most obedient and very humble Servant. The Hon. J. Q. Adams.
(G.)-Mr. Holmes to Mr. Adams. Dear Sir,
New York, 24th November, 1817. I have the honor to enclose you the Decision of the Commissioners appointed in conformity to the IVth Article of the Treaty of Ghent. If it is not so favorable to The United States as it should be, yet I believe it is a Decision honorable to the Government, and such as I trust will be satisfactory to the People. Believe me, &c. The Hon. J. Q. Adams.
(H.)-Decision of the British and American Commissioners.
New York, 24th November, 1817. [See Vol. 1817,–18. Page 199.]
LETTER from the Secretary of the Treasury, transmitting
the Annual Statement of the District Tonnage of The United States, on the 31st December, 1816.
Treasury Department, 15th January, 1818. I have the honor to transmit the Annual Statement of the District Tonnage of The United States, on the 31st of December, 1816, with a Letter from the Register of the Treasury, explanatory of the same.
I have the honor to be, &c. The Honorable the Speaker of the
WM. H. CRAWFORD. House of Representatives.
The Register of the Treasury to the Secretary of the Treasury. Sir, Treasury Department, Register's Office, 14th January, 1818.
I have the honor to transmit the Anoual Statement, to the 31st of December, 1816, of the District Tonnage of the United States.
The Registered Tonnage as corrected at this Office, for the year, 1816, is stated at
The Enrolled and Licensed Tonnage is stated at
800,759 63 522,164 84 49,294 01
The Tonnage on which Duties were collected during the year 1816, amounted as follows:
Registered Tonnage, paying duty on each voyage... 865,219 57
Enrolled and licensed Tonnage employed in the Coasting Trade, paying an annual Duty .....
414,594 47 Fishing Vessels the same ...
Tons... 1,327,961 49 Note.— Duties were also paid on Tonnage
owned by Citizens of The United States,
Total Amount of Tonnage, on which Duties were collected
Tons. 1,340,203 38
The Registered Tonnage, being corrected for the year, 1816, according to the mode prescribed for the government of the Collectors of the several Districts, as stated in the Communication made to Congress the 27th February, 1802, and in conformity with the intimation contained in the Register's Letter of the 7th December, 1811, may be considered nearly the true amount of that description of Tonnage :viz: .....
800,759 63 The Enrolled and Licensed Tonnage is stated at the amount upon which the annual duty was collected in 1816, on that description of Tonnage, and may be considered as nearly the true amount..
414,594 47 Fishing Vessels, the same
The District Tonnage of The United States is stated
Tons 1,263,501 55
Of the Enrolled and Licensed Tonnage, amounting as above stated to 522,164 84 tons, there was employed in the whale fishery, 1,168 tops.
I beg leave to subjoin a Statement (marked A.) of the Tonnage for the year, 1816, compared with the amount thereof as exhibited in the