28 THE NATIONAL REGISTER. It is hereby declared, that either of the contracting parties may except from the residence of consuls, such particular places as such party shall judge proper to be so excepted. ARTICLE V. communications, the middle of which is, or may be the boundary between his Britannic majesty's territories on the continent of North America, and the U. States shall with the exceptions hereinafter mentioned, at all times be free to his majesty's It being the intention of the contracting parsubjects and the citizens of the U. States. The inhabitants of his Britannic majesty's territories ties that the inhabitants of his Britannic Majesin North America, and the citizens and subjectsty's territories in Europe, and the inhabitants of of the United States may freely carry on trade and the United States shall, in respect to commerce commerce by land or inland navigation as afore-between the said territories, be placed on the said, with goods and merchandize the growth, footing of the most favored nations; it is agreed that in case either of the contracting parties shall produce, or manufacture of the British territories hereafter grant any additional advantage in com in Europe or North America, or of the Uuited from States, respectively, within the territories of the || merce or navigation to any European nation, as two parties respectively, on the said continent to the importation or exportation, to or (the countries within the limits of the Hudson's such other European nation and his Britannic Bay Company only excepted) and no other or Majesty's territories in Europe, or to or from such European nation, and the territories of the higher duties or tolls or rates of ferriage or portage, than what are or shall be payable United States, the citizens and subjects of the by natives respectively, shall be taken or de- other contracting party shall likewise enjoy the same freely, where it has been freely granted to manded on either side. All goods or merchandize whose importation into the United States such other European nation; and where condishall not be wholly prohibited, may fully, for tionally granted, on the same terms and conditions on which such advantage shall have been granted, the purposes of commerce above mentioned, be or on terms and conditions which may be aftercarried into the said United States, in the manner aforesaid, by his Britannic Majesty's sub-wards agreed upon, as equivalent thereto, by the jects, and the said goods and merchandize shall contracting parties. be subject to no higher or other duties, than would be payable by citizens of the United His Britannic majesty agrees, that the res States on the importation of the same in American vessels into the Atlantic ports of the United sels of the United States shall be admitted, and States. And in like manner, all goods and mer-hospitably received at the principal settlements chandize, the growth, produce, or manufacture of the United States, whose importation into his majesty's territories in America, shall not be entirely prohibited, may fully, for the purposes of the commerce above mentioned, be carried into the same by land, or by means of such lakes, rivers, and water communications as above mentioned, by the citizens of the United States, and such goods and merchandize shall be subject to no other or higher duty than would be payable by his majesty's subjects on the importation of the same from Europe into the said territories. No duty shall be levied by either parties on peltries or furs, which may be brought in the manner aforesaid by land or inland navigation from the said territo-val stores, or rice. The citizens of the United ries of another, but tolls or rates of ferriage or portage may be demanded and taken in manner above mentioned on such peltries or furs. It is hereby declared, that nothing in this article contained, as to the navigation of rivers. lakes, or water communication, shall extend to give a right of navigation upon or within the same in those parts where the middle is not the boundary between his Britannic majesty's territories and the United States of America. ARTICLE IV. It shall be free for each of the two contracting parties to appoint consuls for the protection of trade, to reside in the dominions and territories of the other party. But before any consul shall act as such, he shall in the usual form be approved and admitted by the government to which he is sent; and it is hereby declared, that in case of illegal or improper conduct towards the laws or government of the country to which he is sent, such consul may either be punished according to law, if the laws will reach the case, or be sent back, the offended government assigning to the other the reasons for the same. First separate Article. of the British dominions in the East Indies, vide licit: Calcutta, Madras, Bombay, and Prince of Wales' Island, and that the citizens of the said U. States may fully carry on trade between the said principal settlements and the said United States, in all articles of which the importation and exportation respectively, to and from the said territories shall not be entirely prohibited; provided only, that it shall not be lawful for them in any time of war be tween the British government and any power or state whatever, to export from the said territories, without the special permission of the British government, any military stores, or na States shall pay for their vessels when admitted, no other, or higher duty or charge, than shall be payable on the vessels of the most favored European nations. And they shall pay no other or higher duties or charges on the importation or exportation of the cargoes of the said vessels, than shall be payable on the same articles when imported or exported in the vessels of the most favored European nation. But it is expressly agreed, that the vessels of the United States shall not carry any articles from the said principal settlements to any port or place, except to some port or place; in the United States of America, where the same shall be unladen. It is also understood, that the permission low the vessels of the United states to carry on granted by this article, is not to extend to alany of the coasting trade of the said British territories, but the vessels of the United States having in the first instance proceeded to one of the said principal settlements of the British do minions in the East-Indies, and then going with their original cargoes, or part thereof, from one of the said principal settlements to another, shall not be considered as carrying on the coasting trade. The vessels of the United States, may also touch for refreshment; but not for commerce, in the course of their voyage to or from the British territories in India, at the Cape of Good Hope, the Island of St. Helena, or such other places as may be in the possession of Great Britain in the African or Indian Seas. It being well understood, that in all that regards this article, the citizens of the United States shall be subject, in all respects, to the laws and regulations of the British government from time to time established. Second separate Article. It is hereby agreed and declared, that the first separate article of the present treaty shall be limited in its duration to the period of two years from the date of the exchange of the ratification of the said treaty. (3) The answer of our Commissioners to the British contre projet, and note-accompanying it. The American to the British Plenipotentiaries. ARTICLE III. To reinstate, in substance, the article proposed on that subject by the undersigned, so that the commerce by land or inland navigation, sanctioned by the article be confined to that which may be carried on between the citizens of the United States and his Britannic Majesty's subjects; and so as not to preclude the ci tizens of the United States from carrying articles of the growth, produce or manufacture of the said states, down the river St. Lawrence, as far at least as Montreal, and down the waters of Lake Champlain, as far at least as the St. Lawrence. Or, if no satisfactory arrangement can at present be formed on this subject, to omit the article altogether. ARTICLE V. To place generally each nation on the footing of the most favored nation, without restricting that privilege as relates to the citizens of the United States to the commerce with his Britannic Majesty's territories in Europe. Second separate article to be omitted. The undersigned will have the honor to wait on his Britannic Majesty's plenipotentiaries on Monday 19th inst. at two o'clock at the Office for trade, when the undersigned hope they will be able to communicate to them, their final determination on the proposed alterations. The undersigned request his Britannic MaThe undersigned have the honor to acknow-jesty's plenipotentiaries to accept the assuranledge the receipt of the note of his Britannic ces of their distinguished consideration. majesty's plenipotentiaries of the 16th inst. JOHN QUINCY ADAMS. enclosing their contre projet for the arrange. HENRY CLAY. ment of the commercial intercourse between ALBERT GALLATIN. the two countries. Anxious to ascertain with as little delay as possible, whether there be any probability that such an arrangement can now be concluded as shall be satisfactory to both parties; the undersigned will not at this time enter into a discussion on the subject, and leaving minor points for subsequent consideration, will only propose the following alterations to the contre projet of his Britannic majesty's plenipotentiaries, vide licet. ARTICLE II 1st. To reinstate the clause in the projet of the undersigned, which provided that the same duties, drawbacks, and bounties, should be paid and allowed in either country, on the importation or exportation of articles, the produce or growth, or manufacture of his Britannic Majesty's territories in Europe, or of the United States, whether such importations or ex portations should be in British vessels or vessels of the United States. 2dly. To reinstate the clause in the projet of the undersigned, which excepted from the provision to equalize tonnage duties, British vessels bound to or from British possessions, to which vessels of the United States were not permanently admitted; or to introduce a new article, providing that neither the intercourse between the United States and his Britannic Majesty's possessions in the West Indies, nor that by sea between the said states and his Britannic Majesty's possessions in North America shall be affected by any article in the treaty, but that each party shall remain in the complete possession of its rights, in respect to such an intercourse. The right hon. F. J. Robinson, (4) The substance of the answer of the British Commissioners to the letter of our commissioners, of the 17th of June. The British to the American Plenipotentiaries. Board of Trade, June 20th, 1815. In compliance with the request of the American plenipotentiaries, the undersigned have the honor to communicate to them in writing. the substance of the observations which were made on the part of the British plenipotentiaries in the conference of yesterday, upon the different points referred to in the note of the American plenipotentiaries of the 17th instant. Upon the first point relating to a part of the second article of the contre projet of the undersigned, the British plenipotentiaries stated it to be the intention of their government to agree, not only to a mutual equalization of such duties as may be properly called tonnage duties, but also of all duties upon the importation of goods the growth, produce, or manufacture of the two countries respectively, whether imported in British or in American ships; they stated further, their readiness to accede to a similar and mutual equalization of bounties payable upon the above articles. Upon the subject of drawbacks, they represented that the clause as proposed by the American plenipotentiaries, appeared to give to the vessels of the United States which might be engaged in the general re exportation of American produce from this jesty's territories in Europe, of any articles, country to all other parts of the world, an ad- the growth, produce, or manufacture of the vantage equal to that enjoyed by British ships, United States, and the same drawbacks shall and that this privilege went beyond the general be allowed on the re exportation thereof, whethprinciple of an article which was confined to er such importation shall be in vessels of the the trade between the two countries respective-United States or in British vessels, and the ly. They expressed a wish to receive from the same duties shall be paid on the importation in American plenipotentiaries, a more precise ex- the United States of any articles, the growth. planation of their views upon this point. produce, or manufacture of his Britannic maUpon the second point referred to in the note || jesty's territories in Europe, and the same of the American plenipotentiaries, the under-drawbacks shall be allowed on the re-exportasigned expressed their readiness to agree to a tion thereof, whether such importation shall be clause, which should contain the latter alterna- in vessels of the United States or in British vestive suggested by the American plenipotentia- sels. The same duties shall be paid and the ries. same bounties allowed on the exportation of any articles, the growth, produce, or manufacture of the United States, to his Britannic majesty's territories in Europe, whether such exportation shall be in vessels of the United States or in British vessels, and the same duties shall be paid, and the same bounties allowed on the exportation of any articles, the growth, produce, or manufacture of his Britannic majesty's territories in Europe to the United States. whether such exportation shall be in vessels of the United States or in British vessels. Upon the third article relating to the intercourse between Canada and the United States, the undersigned disclaimed any intention of obtaining, by any interpretation of the words of the article, as they had proposed it, a right to an intercourse with the Indians residing within the acknowledged limits of the United States, which the American plenipotentiaries had already stated, that their instructions forbade them to concede. And they expressed their readiness to agree to the insertion of such words as would clear up any doubt which might exist upon the subject. As to the navigation of the river St. Lawrence as far as Montreal, and that of the waters flowing from Lake Champiain to that river, the undersigned stated themselves not to be authorized to stipulate the concession of that indul gence in the way proposed by the American plenipotentiaries. The undersigned likewise stated their objections to extending article five, beyond the intercourse between the United States and his Britannic majesty's dominions in Europe. In regard to the two separate articles of the contre projet, the undersigned stated that they had no authority to grant the first, unless accompanied by a limitation in point of time; and when the American plenipotentiaries proposed, as a substitute for that article, one which should give the United States the same privileges as the most favored European nations in their intercourse with the British possessions in that quarter, the undersigned, whilst they admitted that in some respects it stood upon different grounds from an article which should grant the indirect voyage to the East Indies, without any equivalent or limitation in point of time, did not feel themselves authorized to hold out any expectation that this new suggestion could be acceded to by Great Britain. The undersigned request the American plenipotentiaries to accept the assurances of their high consideration. F. J. ROBINSON. (5) (6) The American to the British Plenipotentiaries. Harley-street, June 21st, 1815. The undersigned have the honor to acknowledge the receipt of the note of the British plenipotentiaries, dated the 20th instant, communicating the substance of the observations which they had made in the conference of the 19th, upon the different points referred to in the note of the undersigned of the 17th instant. The views of the undersigned, with respect to the second article being precisely the same with those stated by the British plenipotentiaries, there will be no difficulty in framing a clause embracing the objects contemplated by both parties, and which shall be free from ambiguity. The explanation given by the British plenipotentiaries upon that part of the third article which the undersigned apprehended might be liable to a construction in reference to the Indian trade, not intended by either party, is perfectly satisfactory. But they regret that they cannot accede to the alterations proposed in other respects by the British plenipotentiaries to the article which had been offered by the undersigned, particularly as they affect the privilege of inland navigation by the river St. Lawrence and by the waters flowing from Lake Champlain, nor have they found it practicable to frame any article compatible with the different views entertained by the two parties respecting the intercourse between the United States and Canada. They therefore recur to the proposal made in their note of the 17th instant, to omit that article altogether, that proposal not having Additional clause proposed by our Commis-been noticed in the note of the British pleniposioners to the second article of the contre tentiaries of the 20th instant. projet. Second Sketch of Article for Equalizing Duties. The same duties shall be paid on the importations in the ports of any of his Britannic ma They make the same offer as to the 5th article of the contre projet. And thirdly, they hereby renew the proposal made verbally in the conference of the 19th instant, to substitute for the two separate articles, one placing the United States in their inter course with the British possesssions in India, ries the assurances of their high consideraon the footing of the most favoured European tion. nation. F. J ROBINSON. > (8) The undersigned request to be made ac quainted with the determination of the British plenipotentiaries on those three proposi- The American to the British Plenipoten tions. tiaries, Harley street, June 24th, 1815. The undersigned have the honor to acknowl edge the receipt of the note of the British plen. ipotentiaries of the 23d inst. expressing their assent to the proposal of omitting the 3d and 5th articles of the contre projet. To the proposal of omitting also altogether any article upon the subject of the East Indies, and of signing an arrangement, embracing all the provisions contained in the 2d article, the undersigned do not feel themselves authorized to accede. But The British to the American Plenipoten- they offer to sign a convention, embracing that tiaries, British vessels, and their cargoes, in the inter article entire, and the first separate article, the Board of Trade, June 23d, 1815. whole of which convention shall be limited to The undersigned have the honor to acknowlthe term of four years from the date of the exedge the receipt of the note of the American change of the ratifications, or they will agree plenipotentiaries of the 21st instant and are to a convention for the sole purpose of abolishhappy to find that no difficulty exists on eithering all discriminating duties on American and side to the second article.-Upon the subject of the third article, the undersigned regret to learn that the American plenipotentiaries have not found it practicable to frame any article compatible with the different views entertained by the two parties respecting the intercourse be tween Canada and the United States: And as the undersigned are equally unable to accede to the proposition made on the part of the United States respecting the navigation of waters lying exclusively within the territories of his Britannic majesty, they accede to the proposal of omitting the article altogether. They have also no objection to the omission of the fifth article. course between the United States and his Britannic majesty's territories in Europe, in the manner contemplated by the 2d article, and as explained and mutually agreed on in the conferences on that subject, omitting all the other provisions contained in the same article, and which had for object, to place the two countries respectively on the footing of the most favored nation. The undersigned request the British plenipotentiaries to accept the assurances of their distinguished consideration JOHN QUINCY ADAMS. The rt. hon. F. J. Robinson, (9) tiaries. In regard to the trade with the British East Indies, the undersigned are not authorized to substitute for the two separate articles which they had proposed, one which shall put the intercourse of the U. States in that quarter up on the footing of the most favoured European The British to the American Plenipotennation, inasmuch as it would have the practical effect of granting, in another shape, that which the undersigned are instructed to withhold, unless accompanied by a greater limita tion of time than they would think it expedient to apply to the other arrangements of the trea ty. If, however, the American plenipotentia ries adhere to their objection to the substance of the two separate articles as proposed on the part of Great Britain, the undersigned are rcady to omit altogether any article upon the subject of the East Indies. Board of Trade, June 26th, 1815. The undersigned have the honor to acknowledge the receipt of the note of the American plenipotentiaries of the 24th instant, in which they offer to sign a convention, embracing the second article entire, and the first separate article; the whole convention to be limited to the term of four years from the date of the exchange of the ratification, or to agree to a convention for the sole purpose of abolishing all discrimiThe undersigned are nevertheless disposed nating duties on American and British vessels to consider the arrangements of the second ar- and their cargoes, in the intercourse between ticle as agreed upon, or understood) to be of the United States and the British territories in sufficient importance to the mutual interests of Europe, omitting all the other provisions conGreat Britain and the United States, particu-tained in the same article, and which had for larly in the common object of securing a free object, to place the two countries respectively commercial intercourse between the two coun on the footing of the most favored nation. tries, to induce them readily to sign a treaty or As neither of these proposals were contemconvention for that single purpose, independ-plated in the instructions with which the unent of the other points to which the negociation dersigned were originally furnished, and which were framed with a view to a less limited ar has referred. The undersigned are happy upon this occa- rangement, they have felt themselves under the sion to renew to the American plenipotentia-necessity of referring the last note of the Ameri ( 10 ) intercourse between the United States and Great Britain. The British to the American Plenipoten-modifications any of the stipulations now agreed tiaries. Board of Trade, June 29th, 1815. In reference to the note which the undersignd had the honor to address to the American plenipotentiaries, on the 26th instant, they are now instructed to acquaint them that the British government is ready to agree to a convention for four years, (to be calculated from the date of its signature,) which shall contain the whole of the second article, as proposed by the undersigned, and as explained and mutually agreed upon in their several conferences, and also the first separate article, relating to the East Indies, as proposed on the part of Great Britain; the latter article also to be in force for four years from the same date. The undersigned, in making this communication to the American plenipotentiaries, feel it to be their duty to state, in the most explicit manner, that although in the earnest desire of promoting a good understanding between the two countries, the British government has, at the present time, forborne to insist on making in the body of the treaty any marked distinction between its concessions in regard to the East Indies, and its other concessions, for which a stipulated equivalent is obtained, yet that it still considers it. self as granting to the United States a privilege in regard to the East Indies, for which it is entitled to require an equivalent; and the undersigned must therefore be distinctly understood | as reserving to his majesty's government in any future negociations the clear right either of withholding this privilege altogether, after the expiration of four years, or of renewing the grant of it for such equivalents, or subject to such modifications as expediency may seem to require at the time of such future negocia tions. The undersigned request to have the honor of seeing the American plenipotentiaries on Friday next. the 30th instant, at 2 o'clock, at the Board of Trade, and avail themselves of this opportunity of again offering the assurances of their high consideration. F. J. ROBINSON. ( 11 ) The undersigned have already, in the con ferences which they had the honor to hold with the British plenipotentiaries, expressed their opinion that the proposed convention taken altogether, was founded on principle of reciprocity, was equally advantageous to both parties, and contained in itself a fair equivalent for every presumed concession made by either party. But both governments will undoubtedly have a clear right after the expiration of four years of refusing to renew or of subjecting to on which may appear to either party injurious, or requiring some further equivalent. same earnest desire of promoting a good understanding between the two countries which has been expressed on the part of Great Britain has induced the undersigned to agree to a con. vention more limited both as to its objects and duration than they had contemplated, with a hope that in the mean time its deficiencies may be supplied, and such other provisions may be and tend to strengthen the relations of amity adopted as will conduce to mutual convenience and friendship happily restored between the two countries. The the British plenipotentiaries this day, and feel JOHN QUINCY ADAMS. The rt. hon. F. J. Robinson, The urdersigned, his Britannic majesty's charge d'affaires in the United States, has the honor to acquaint the American Secretary of State, for the information of the President, that he has received his royal highness the Prince Regent's ratification, in the name, and on the behalf of his Majesty, of the commercial convention between the two countries, signed at London, on the 3d of last July, and that he has been authorized, and is ready, to proceed to the exchange, whenever the ratification on the part of the United States shall have taken place. In communicating this intelligence, the undersigned has received the Prince Regent's commands, at the same time, to transmit to the government of the United States the accompanying declaration, explanatory of the intentions of his Majesty's government, in so far as regards the intercourse of vessels belonging to the United States with the Island of St Helena; the existing circumstances of the world having rendered it necessary that that Island should for the present, be excepted from the of refreshment enumerated in the third ports The American to the British Plenipoten-article of the said convention. tiaries. The undersigned avails himself of this opporHarley street. June 30, 1815.tunity of requesting the American Secretary of The undersigned have had the honor to re- State to accept the assurance of his high conceive the note of the British plenipotentiaries, sideration. dated the 29th instant, and stating the terms on which their government is ready to agree to a convention. on the subject of the commercial (Signed) ANTHONY St. JNO. BAKER. [Here follows the Declaration annexed to the ratified Treaty, as published already.] |