sult, could be speedily obtained, if they entered || principle, on which the two governments seemed upon the negotiation at this time.

On the subject of discriminating duties mentioned by us, they said their government would receive favorably the proposition for a mutual abolition of them. As to the trade with India, their government was not at all disposed to shut us out from it.-In regard to the trade to the West Indies, considering the difficulties which had heretofore presented themselves in placing it, by treaty, upon a footing satisfactory to both parties, they feared it would not now be practicable to enter into any stipulation respecting it, which should meet the views of the two countries.

On the 16th instant, having been again invited by the vice-president of the board of trade to call at his office, we accordingly attended, and were received by the same gentlemen. They stated that they had reported to the cabinet what had passed at the last enterview, and were now prepared to give us an answer on the several topics to which the conversation related. In doing this, they would observe the order which had been marked out by us.

to agree. Indeed, they thought that such a definition might tend to weaken, as implying a doubt of the correctness of the principle.

In relation to the trade with enemies' colonies besides the intrinsic difficuly of the question, as heretofore experienced in all attempts to arrange it, there was another, arising out of their want of information, as to whether France had adopted any, and what, system of colonial policy, since the restoration of her colonies. It might be, that she had opened their trade to foreign nations in peace as in war, in which case the questions that had heretofore existed could not be agitated again.

it.

The enterview terminated by their stating, that Impressment had, they continued, of all this they would report to the cabinet the substance of class of subjects, been found most difficult to what had passed between us, and by their pledg-arrange. They were aware how important it was ing themselves to do all in their power to afford considered in both countries and how, in both it us an early answer. touched public sensibility. As heretofore they were now ready to receive and consider any proposition our government might make respecting And even without any treaty stipulation, their government was now anxiously engaged in devising means to prevent the abuses of which we complain. If the law which we had mentioned, at the last enterwiew, should be effectual in its object, it would doubtless do away a great motive with them for impressment. Still they were bound to consider, wtih the most vigilant attention, any proposition for the abandonment of what they must consider a right essential to their safety. That law did not, however, as they understood, settle the question, who where to be considered as British subjects, a question on which the two countries might not be able to come to an understanding.

With regard to our ideas respecting privateers and prizes, they were certainly fair and unexcep tionable.

1st. On the commercial intercourse between the two countries they were authorised to state, that their government was ready to treat with us on the footing of the most favored nation; and were also willing to enter into any arrangement by which all discriminating duties on importations and tonnage should be mutually done away. They were willing to admit us to the enjoyment of the trade with British India, unclogged by the restriction on the outward voyage contained in the unratified treaty; but must still insist on that As they had hinted at some accommodation contained in treaty of 1794 on the return voyage.in the fur trade, or other parts of the commerConsidering that we had candidly stated, that we cial arrangement, for their supposed concession had no equivalent to offer, except what was to be respecting the India trade, we thought the ocfound in the trade itself, they would expect for casion suitable for stating, that we were positivethis concession, a spirit of accommodattion only instructed not to consent to the renewal of the our side, in other parts of the commercial arrangement, the fur trade, or some other.

The trade with the British West-Indies, they stated, had always been a subject of great difficulty, and their government was not prepared to make any change in that colonial policy, to which they had so long adhered; but they would hope that this would not form any obstacle to the negotiation.

trade between British subjects and the Indians within our territories. We stated, that the disposition of our government on this subject did not proceed from commercial, but political considerations. They did not insist upon it, nor seem to think that the determination of our government would prevent an arrangement of the Canada trade. One of them inquired, whether we expected, in like manner, to be excluded from the trade with the Indians in their territories? To which we replied, cer

With respect to the trade with their N. Ame. rican possessions, they were ready to receive and discuss any propositions we might have to offer,tainly. with an anxious desire to place it on a footing mutually satisfactory.

We explained the law for the exclusion of foreign seamen from our service, and mention: ed that the naturalization of seamen would be 2dly. On those subjects which related to a state in which one of the parties should be at almost altogether prevented in future by the war, and the other in peace, it was not necessary necessity of a continued residence of five years. to disguise that they had been always attended We stated that we were authorized to enter inwith great difficulties. Still they were willing, into stipulations that would forbid the employa spirit of amity, and with candour, to receive and ment of such British seamen as might, under to dicuss any propositions we might offer. on laws, he hereafter naturalized, but that we With regard to blockades they could not think could not do it with respect to those who were We had thought, that as it necessary to enter into any treaty definition of already naturalized. them, as the questions which might hereafter a- to them, an exception might be made, permitrise on that subject (according to our own state-ting, on both sides, the voluntary employment ment) would relate rather to the fact, than to the of such seamen, natives of one country, ag

24

THE NATIONAL REGISTER.

might have heretofore been naturalized under the laws of the other country. We added, that the number of British seamen already naturalized, which could constitute, as it appeared to us, the only difficulty in an arrangement, was very inconsiderable. Doctor Adams concurred in opinion, that they were not many.

We made some further explanations and finally told them that, considering the dispositions which we had been happy to meet with in them we would now say, that we would enter upon the negotiation, reserving to ourselves, however, the right, as our powers were several, as well as joint, to withdraw from it, if circumstances should make it eligible to do so, and to leave to Mr. Adams, whom we daily expected, to conclude it. The interview closed, by their undertaking to provide themselves immediately with the necessary powers to proceed in the negotiation; and by an assurance, 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 lord Castlereagh's, between his lordship and Messrs. Clay and Gallatin, April

16, 1815.

LONDON, 3d JULY, 1815.

Sir, We have the honour to transmit a convention for regulating the commercial inter course between the United States and Great Britain, which we concluded this day with the British plenipotentiaries.

Messrs. Clay and Gallatin's despatch of the 18th May last, has informed you of the preliMr. Adams arrived in London on the 25th of minary steps taken by them on that subject. May, and on the 5th of June we were invited by Messrs Robinson, Goulburn, and Adams, to meet them on the 7th. At this conference after a mutual exhibition of our powers, and some general observations, we delivered to them our projet of a commercial convention, a copy of which, (marked 1,) is herewith enclosed. They promised to take it into imme. diate consideration; and on the 9th, informed us that they would prepare and transmit to us a contre projet.

Believing that there was no prospect of an immediate arrangement on the subject of seamen, and knowing that without it no treaty, deneutrals was admissable, we excluded all that fining the rights and duties of belligerents and related to that branch of the subject from our projet, and confined it to objects purely commercial.

"Lord Castlereagh then called the attention We took the 3d article of the treaty of 1794, of the American commissioners to a communication made by then at Ghent relative to their pow-respecting the intercourse with Canada, as the er to treat on the commercial intercourse between basis of the corresponding article, omitting, according to our instructions, whatever related the two countries. He said. before he gave an answer to that communication, he should be glad to the Indian trade. In drawing the other arif it were agreeable to the American commission-ticles, we were principally guided by the unratified treaty of 1806, by the instructions given ers, that there should be an unofficial conversation between them and the British commission- in relation to it by the secretary of state, in his despatch of May 20th, 1807, and by the act of ers, who negotiated the treaty of peace, together with Mr. Robinson, whom he would associate || congress, of 3d March last, for abolishing all with them for that purpose, to ascertain if it discriminating duties. From the previous exwere likely, that some general principles could plicit declarations of the British plenipotentiabe agreed upon to form the basis of a treaty of ries, we deemed it useless to offer any article on the subject of the intercourse with the He should prefer, that this conversation, like that which he understood had taken West-India islands, and only inserted a clause, place in the former negotiation between lords to prevent the application to that intercourse Holland and Aukland, and Messrs. Munroe and of the provisions contemplated by the convenPinkney, should be free from official forms, and tion. thought such a course best calculated to ascertain if it were likely that the two governments could come to any practical, result on this interesing subject.

commerce.

"It was observed by one of the American commissioners, that such a conversation would be on terms of inequality, the American commissioners being invested with powers, and the other gentlemen having none; unless it was understood, not only that it should be considered as entirely unofficial, but that the same gentlemen should afterwards be commissioned to conclude a treaty, if it were thought that one could be formed. Lord Castlereagh remarked in reply, that such was certainly his intention.

On the 16th the British plenipotentiaries addressed to us a note, enclosing their contre projet, (marked 2;) and on the 17th we transmitted qur answer (marked 3.) The whole subject was discussed at large in conferences held on the 19th and 21st. The British plenipotentiaries, in a note of the 20th, (marked 4,) stated the substance of their answer to ours of the 17th." In the conference of the 21st, we delivered the additional clause to the 2d article of the contre projet, (marked 5,) and afterwards on the same day, we transmitted our note (marked 6.)

It will be perceived by these notes that we had come to an understanding as to the intercourse between the United States and the Brit

"The conversation ended in an understand-ish territories in Europe, and that we disagreed ing that the American commissioners would consult together upon the three topics mentioned by Lord Castlereah, and communicate the following day to Mr. Goulburn the result of them deliberations."

on three points; the intercourse with Canada; placing, generally, both countries on the footing of the most favoured nations; and the intercourse with the British East Indies.

On the first point the British plenipotentiaries persisted in refusing to admit that the citi zens of the United States should have the right

The American Pienipotentiaries to the Se- to take their produce down the river St, Law

cretary of State,

rence to Montreal, and down the river Cham

years, and we offered, as an alternative, an arrangement for the sole purpose of abolishing the discriminating duties, in conformity with the act of Congress of the last session.

bly (or Sorel) to the St. Lawrence. And without that permission the article was, useless to us, and unequal in its practical operation. The provision that the importation of our produce into Canada should not be prohibited, unless In a note of the 26th, (marked 9,) the British the prohibition extended generally to all simi- plenipotentiaries informed us that they found lar articles, afforded us no security; as no simi- it necessary to refer our last proposals to their "lar articles are imported into Canada from any government, and by their note of the 29th inst. other foreign country; whilst the corresponding (marked 10,) they accepted our offer of a conprovision, respecting the importation into the vention embracing the East-India article, and United States, through Canada, of the produce limited to four years, to be calculated from the and manufactures of Great Britain, effectually || date of its signature. We replied to this in a prevented us from prohibiting such an impor note dated 30th June, and (marked 11,) and on tation; since this could not be done without ex- the same day arranged, in a conference, the tending the prohibition to the importation of details of the convention. all similar articles, either of British or othe foreign growth or manufacture, in the Atlan tic ports of the United States.

We beg leave to add that the same restriction which confines our vessels to the principal ports of India is, except in special cases, imposed, by the act of parliament, on British subjects; and that, besides the discrimination

The article for placing respectively the two countries on the footing of the most favoured || nation, limited, as was insisted on by the Brit-in the export duty from England, the differ ish plenipotentiaries, to the intercourse between the United States and the European territories of Great Britain, was unnecessary; since, all that appeared desirable on that subject was se cured by the second article: and a provision of that nature, unless offering some obvious advantage, was deemed embarrassing, on account of the difficulties attached to its execution.

With this view of the two subjects, and finding that to arrange them in a satisfactory man. ner was impracticable, we proposed in our note of the 21st to omit altogether the articles relating to them.

ence on the import duty on the article of cotton, had, by a late act of parliament, been increased to two pence sterling per pound in favor of every species imported in British vessels, and even of Brazil cotton, imported in Portuguese vessels.

We have the honor to be, respectively, sir,
your obedient servants,
(Signed)

JOHN QUINCY ADAMS.
HENRY CLAY.
ALBERT GALLATIN.

The hon. James Monroe,
Secretary of State, Washington.
(1)

Projet of the American Commissioners.

ARTICLE I.

On the subject of the intercourse with India, the British plenipotentiaries, contrary to the impression made in the unofficial conversation on Messrs. Clay and Gallatin, had insisted on our official conferences, that our admission to that trade was, on the part of Great Britain, a These shall be between the territories of the concession altogether gratuitous; and for which United States and all the dominions of his Briparticularly as to the privilege of indirect out tannic majesty in Europe, a reciprocal and perward voyages, she ultimately expected an fect liberty of commerce and navigation. The equivalent. Whilst we strenuously contended people and inhabitants of the two countries resthat an equivalent was found in the trade itself, || pectively shall have liberty, freely and securely, which was highly beneficial to India, or, at all and without hindrance and molestation, to come events, considering the nature of the commer- with their ships and cargoes to the lands, councial intercourse generally between the two tries, cities, ports, places and rivers, within the countries, in the other provisions of the con- territories and dominions aforesaid, to enter into vention. On the same ground we urged our the same, to resort there and to remain and reside claim to be placed in India on the same foot-there, without any limitation of time; also, to hire ing, at least, as the most favored nations. To which was replied that they made a distinction between nations which had possessions there and those which had none. The refusal not be ing altogether explicit, we renewed our propo-commerce, but subject always, as to what ressal to that effect in our note.

The British plenipotentiaries, in a note of the 23d, (marked 7,) acceded to our proposal to omit the 3d and 5th articles, and refusing that on the subject of India, offered to omit the article altogether and to sign a convention embracing only the provisions respecting the in tercourse between the United States and the British territories in Europe.

and possess houses and warehouses, for the purposes of their commerce: and generally the merchants and traders on each side, shall enjoy the most complete protection and security for their

pects this article, to the laws and statutes of the two countries respectively.

ARTICLE II.

No other or higher duties shall be imposed on the importation in the United States, of any arti cles, the growth, produce, or manufacture of the dominions of his Britannic majesty in Europe; of any articles, the growth, produce, or manufacture of the United States, than are or shall be payable This proposal we rejected in our note of the on the like articles being of the growth, produce, 24th, (marked 8.) But in order to meet if prac-or manufacture of any other foreign country. Nor ticable, the views of the British government, and to avoid making any distinction between the East India trade and the other branches of commercial intercourse, we proposed to limit the duration of the whole convention to four"

shall any higher duties or charges be imposed, in either of the two countries, on the exportation of any articles to the United States, or to his Britannic majesty's dominions in Europe respectively, than such as are payable on the exportation

of the like articles to every other foreign country. Nor shall any prohibition be imposed on the exportation or importation of any articles, the growth, produce, or manufacture of the United States, or of his Britannic majesty's dominions in Europe, to, or from the said States, or the said dominions, which shall not equally extend to all other nations. No other, or higher duties, or charges shall be imposed in any of the ports of the United States, on British vessels, (such only excepted as may be bound from or to British possessions, to which vessels of the United States are not permanently admitted,) than shall be payable, in the said ports, by vessels of the United|ers, transgressing the same rule. And the citi States, nor in the ports of any of his Britannic majesty's dominions in Europe, on the vessels of the United States, than are or shall be payable in the said ports by British vessels. The same duties of exportation and importation, and also, the same drawbacks and bounties shall be respec- || tively paid and allowed, in either country, on all articles, the produce, growth, or manufacture of the United States, or of his Britannic majesty's dominions in Europe, whether such exportation or importation be in vessels of the United States, or in British vessels.

ARTICLE III.

original cargoes, or part thereof, or of completing their return cargoes, are not to be considered as carrying on the coasting trade. Neither is this article to be construed to allow the citizens of the United States. to settle or reside within the said territories, or to go into the interior parts thereof, without the permission of the British government established there; and if any transgressions should be attempted against the regula tions of the British government in this respect, the observance of the same shall and may be enforced against the citizens of America, in the same manner as against British subjects, or othzens of the United States, whenever they arrive in any port or harbor in the said territories, or if they should be permitted, in manner aforesaid, to go to any other place therein, shall always be subject to the laws, government, and jurisdiction of whatsoever nature, established in such harbor, port, or place, according as the same may be. The vessels of the United States may also touch for refreshment at the Island of St. Helena, or at such other ports or places as may be in the pos session of Great Britain, in the African or Indian Seas, but subject, in all respects, to such regulations as the British government may, from time to time, establish there.

ARTICLE IV.

His Britannic majesty agrees, that the vessels of the United States shall be admitted, and hospitably received, in all the sea ports and harbors The navigation of all the lakes, rivers, and waof the British dominions in the East Indies, and ter communications, the middle of which is a that the citizens of said states may freely carry on boundary between the United States and his Bria trade with the said territories, in all articles of tanic majesty's dominions on the continent of which the importation or exportation respectively North America, shall, at all times, be free to the to or from the said territories shall not be entire-citizens of the United States, and to his majesty's ly prohibited: Provided only, that it shall not be subjects. The said citizens and subjects may lawful for them, in any time of war between the freely carry on trade and commerce with each British government and any other power or state other, and for that purpose pass and repass by land whatever, to export from said territories, without or inland navigation, into the respective territo. the special permission of the British governmentries of the two parties, on the said continent: and there, any military or naval stores, or rice.

no higher or other tolls, or rates of ferriage, than The citizens of the United States shall pay for what are, or shall be, payabl by natives, shall their vessels, when admitted into the said ports, || be demanded on either side. All goods and merno other or higher duty or charge, than shall be chandise, whose importation into the United payable on British vessels in the ports of the Uni-States shall not be wholly prohibited, may freely, ted States. And they shall pay no higher or other for the purposes of the commerce above mentiondutics or charges on the importation or exporta-ed, be carried into the same, in the manner aforetion of the cargoes of said vessels, than shall be raid, by his majesty's subjects, and such goods payable on the same articles, when imported or and merchandise shall be subject to no higher, or exported in British vessels. But it is expressly other duties than would be payable by citizens of agreed, that the vessels of the United States shall the United States on the importation of the same not carry any of the articles exported by them in American vessels into the Atlantic ports of the from the said British territories, to any port or said United States; and in like manner, all goods place except to some port or place in America, and merchandise, whose importation into his mawhere the same shall be unladen; or to some port jesty's said territories in America shall not be enor place, or ports or places in China, or in the tirely prohibited, may freely, for the purposes of Indian Seas, whence the said vessels shall proceed the commerce above mentioned, be carried into as aforesaid, to some port or place in America, the same, in the manner aforesaid, by the citizens and there unlade the whole of the articles export- of the United States; and such goods and merchaned, in the manner above mentioned, from the dise shall be subject to no higher, or other duties aforesaid British territories. And such regula-than would be payable by his majesty's subjects, tions shall be adopted by both parties as shall, on the importation of the same from Europe, into from time to time, be found necessary to enforce the said territories. All goods, not prohibited, the due and faithful observance of this stipula. to be exported from the said territories respectivetion. It is also understood, that the permissionly, may, in like manner, be carried out of the granted by this article, is not to extend to allow the vessels of the United States to carry on any part of the coasting trade of the said British territories without the special permission of the British government there: but the vessels going from one port to another of the said territories, for the sole purposes either of discharging their

same by the two parties. No duty of importation or exportation, shall be levied by either party, on peltries or furs, which may be brought, in the manner aforesaid, by land or inland navigation, from the said territories of one party into the said territories of the other party.

ARTICLE V.

It shall be free for each of the two contracting parties respectively, to appoint consuls for the protection of trade; and agents for the protection of seamen, to reside in the dominions and territories of the other party; and the said consuls and agents shall enjoy their liberties and rights which belong to them by reason of their functions. But before any consul or agent aforesaid, shall act as such, he shall be, in the usual form, approved and admitted by the party to whom he is sent; and it is hereby declared to be lawful and proper that in case of illegal or improper conduct towards the laws or government, a consul or agent aforesaid, may either be punished according to law, if the laws will reach the case, or be dismissed, or even sent back, the offended government assigning to the other the reasons for the same.

jet which wholly omitted the concession in ques. tion-But his majesty's government, anxious to renew the commercial relations of the two countries, in the true spirit of peace and harmony, has autho rized the undersigned to offer a separate article by which the indirect voyage from the United States to the British East-Indies will be permitted without equivalent, for the space of two years, in the confident hope, that during that period the American government will be enabled to propose, such an equivalent as may induce Great Britain to make that permission commensurate with the general duration of the treaty.

The undersigned will he happy to have the honour of seeing the American plenipotentiaries on any day which may suit their convenience, and request them to accept the assurance of their high consideration,

F. J. ROBINSON, HENRY GOULBURN, WILLIAM ADAMS. ARTICLE I.

There shall be between all the territories of his Britannic majesty in Europe, and the territories of the United States of America, a reciprocal liberty of commerce. The inhabitants of the two countries respectively shall have liberty fully and securely to come with their ships and cargoes to all such places, ports, and rivers in the territories aforesaid, to which other foreigners are permitted to come; to enter into the same, and to remain and reside in any part of the said territories respectively, also to hire and occupy warehouses for the purpose of their commerce, and generally the merchants and traders of each nation respectively shall enjoy the most complete protection & security for their commerce, but subject always to the laws and statutes of the two countries respectively.

ARTICLE II.

Board of Trade, June 16, 1815. The undersigned have the honour to transmit to the plenipotentiaries of the United States, a contre projet for the arrangement of the commercial! No other or higher duties shall be imposed on intercourse between the two countries. The Ame- the importation into the territories of his Britan rican plenipotentiaries will observe, that the arnic majesty in Europe, of any articles the growth, ticle respecting the British East-Indies, is not pro- produce, or manufacture of the United States, and posed to be included in the body of the treaty, but no other or higher duties shall be imposed on the in a separate article, and more limited in point of importation into the United States of any articles duration than would be suitable to the arrange- the growth, produce, or manufacture of his Briments of the treaty itself, The undersigned, ne- tannic majesty's territories in Europe, than are or vertheless, flatter themselves that the American shall be payable on the like articles being the plenipotentiaries will see in the proposed article growth, produce, or manufacture of any other fofor the East-India intercourse, a proof of the liberal reign country; nor shall any other or higher duties and conciliatory disposition with which the Bri- or charges be imposed in either of the two countish government is disposed to act upon the sub-tries on the exportation of any articles to his Briject.

tanniç majesty's territories in Europe, or to the UIt will be recollected that at one of the unofficial nited States, respectively, than such as are payaconferences, and subsequently, at the first official ble on the exportation of the like articles to any conference held with the American plenipotentia- other foreign country: nor shall any prohibiries, the undersigned stated by order of their tion be imposed upon the exportation or importagovernment, that if the power of going from the tion of any articles the growth, produce, or manuUnited States to the British dominions in the East- facture of his Britannic majesty's territories in EuIndies by an indirect course were conceded, Great rope, or of the U. States, to or from the said terBritain must be considered as entitled to some ritories of his Britannic majesty in Europe, or to equivalent for the concession, and that the furor from the said United States, which shall not etrade was pointed out by the undersigned, as capable of furnishing that equivalent.

The American plenipotentiaries having stated that their instructions did not permit them to grant by stipulation any commercial intercourse between his majesty's subjects and the Indians residing within the acknowledged boundaries of the United States, and not having suggested any other means of finding an equivalent, the undersigned would have been fully justified in tendering a contre pro

qually extend to all other nations.

No other or higher duties or charges shall be imposed in the ports of any of his Britannic majesty's territories in Europe, on the vessels of the United States, than shall be payable on British vessels, nor in any of the ports of the United States on British vessels, than those payable in the same ports by vessels of the United States.

ARTICLE III.

The nav gation of all lakes, rivers, and water