Draft of article to be inserted immediately after article 2d of the American project.* All prisoners of war taken on either side, as well by land as by sea, shall be restored as soon as practicable, after the ratifications of this treaty shall have been exchanged, on their paying the debts which they may have contracted during their captivity. The two contracting parties respectively engage to discharge, in specie, the advances which may have been made by the other, for the sustenance and maintenance of such prisoners. American No. 7, in reply to British No. 7. GHENT, 30th Nov. 1814. The undersigned have had the honour to receive the note of the British plenipotentiaries of the 26th instant, together with their marginal alterations and suggestions, on the several articles of the project of a treaty of peace, proposed by the undersigned The undersigned consent that the day of the exchange of ratifications be substituted to that of the signature of the treaty, as the time for the cessation of hostilities, and for regulating the periods after which prizes at sea shall be restored: it being understood that measures shall be adopted for a speedy exchange of ratifications, and that the periods in the second article shall be fixed in a manner corresponding with this alteration. The undersigned will also agree to the new article respecting prisoners, and to the mode of reference proposed by the British plenipotentiaries in the third, fourth, fifth, sixth, and seventh articles, instead of that which had been proposed by the undersigned. But, in order to prevent delay, they will suggest that a time be fixed, within which the commissioners shall make their decisions and reports. The undersigned will decline insisting upon the 10th, 12th, and 14th articles, and upon so much of the 13th article as relates to indemnities for losses and damages sustained subsequent to the commencement of the present war. They wish to discuss the cases of vessels and property, in port when war was declared or known; and have the honour to enclose a copy of the provision made in that respect by the United States. They will also waive the residue of that (the 13th) article, and the 11th article, it being understood that the rights of both powers on the subject of seamen, and the claims of the citizens and subjects of the two contracting parties, to indemnities for losses and damages sustained prior to the commencement of the war, shall not be affected, or impaired, by the omission in the treaty of any specific provision with respect to those two subjects. * Proposed by the British ministers, In forbearing to insist upon the discussion of subjects deeply involving interests important to their country, and upon which the undersigned view the proposals offered by them for consideration as founded on principles the most moderate and conciliatory, they give the strongest evidence of the anxious wish of their government that the negotiation should be brought to a happy issue. Sincerely participating in the desire expressed by the British plenipotentiaries, of endeavouring to reconcile the pretensions of both governments on the few subjects remaining for discussion, the undersigned have also assented to most of the alterations, proposed by the British plenipotentiaries, to those parts of the project which they have not entirely rejected. To some of these alterations the undersigned are compelled by their duty to object. They have already stated, and now repeat, that, whilst requiring of Great Britain no sacrifice whatever, the government of the United States has not authorized the undersigned to agree to any stipulation involving any cession of the territory, or the dereliction of any of the essential rights of the people of the United States. The objections of the undersigned are to one of the alterations suggested by the British plenipotentiaries in the first article; to some parts of the preamble of the third article; and to the eighth article ;] and they have also some other verbal alterations to suggest. They request a conference, at such time and place as may suit the British plenipotentiaries, for the purpose of discussing those points, and of agreeing on the places and times left in blank in several of the articles. The undersigned renew to the British plenipotentiaries the assurance of their high consideration. To the Plenipotentiaries of his Britannic JOHN QUINCY ADAMS, HENRY CLAY, JONATHAN RUSSELL, majesty, &c. &c. &e. Extract of a law of the United States passed July 6th, 1812. "Sec. 6. And be it further enacted, That the President of the United States be, and he is hereby, authorized, to give, at any time, within six months after the passage of this act, passports for the safe transportation of any ship or other property belonging to British subjects, and which is now within the limits of the United States." British Note No. 8. The undersigned have the honour to acknowledge the receipt of the note addressed to them by the American plenipotentiaries, and in compliance with their request for a conference, shall be happy to receive them at the Chartreux to-morrow at 12 o'clock. The undersigned request the American plenipotentiaries to accept the assurance of their high consideration. GAMBIER, HENRY GOULBURN, GHENT, Nov. 30th, 1814. Protocol of a conference, held the 1st December, 1814, at Ghent. At a conference held this day, the American plenipotentiaries proposed the following alterations in their project, as amended by the British plenipotentiaries. 1. In article 1st, strike out the alteration consisting of the words "belonging to, and taken by," and preserve the original reading, viz. "taken by either party from the other." This alteration was objected to by the British plenipotentiaries, and after some discussion, reserved by them for the consideration of their government. 2. Transpose alteration consisting of the words "originally captured in the said forts or places, and which shall remain therein upon the exchange of the ratifications of this treaty," after the words "public property." Agreed to by the British plenipotentiaries. 3. Article 2d. The term to be fifteen days in the Channel, in the North Seas, in all parts of the Atlantic ocean to the equinoctial line or equator, and in all parts of the Mediterranean. Two months in the Atlantic ocean, to the latitude of the Cape of Good Hope, and three months in all other parts of the world. In lieu of this alteration, the British plenipotentiaries proposed the following, viz. "That all vessels and effects which may be taken after the space of twelve days from the period of the exchange of the said ratifications, upon all parts of the coasts of North America, from the latitude of 23 deg. north, to the latitude of 47 deg. north and as far eastward in the Atlantic ocean as the 65 deg. of west longitude from the meridian of Greenwich, shall be restored on each side. That the term shall be thirty days in all other parts of the Atlantic ocean, as far eastward as the entrance of the British Channel, and southward as far as the equinoctial line or equator, and the same time for the Gulf of Mexico and all parts of the West Indies. Forty days for the British Channel and the North Seas. The same time for all parts of the Mediterranean, and one hundred and fifty days for all other parts of the world, without exception." Which was reserved by the American plenipotentiaries for consideration. 4. Article 3d. After the words "all islands within twenty leagues of," insert "any part of" and substitute "points" for "point," after the words "to be drawn due east from the." Agreed to by the British plenipotenitaries. 5. Article 3d. Strike out the words "whereas claims have been made by the government of the United States to certain islands in the Bay of Fundy," and insert, "whereas the severals islands in the Bay of Passamaquoddy, which is part of the Bay of Fundy, and the island of Grand Menan, in the said Bay of Fundy, are claimed by the United States, as being comprehended within the aforesaid boundaries." Agreed to by the British plenipotentiaries. 6. Article 7th. In the alteration, consisting of the words "or of the sovereign or state so referred to as in many of the preceding articles contained," substitute "any" to 66 many. Not insisted on; the British plenipotentiaries consenting to substitute the words "the four next" for the marginal words " many of the." 7. Articles 3, 4, 5, and 6. Provide that the decisions of the commissioners shall be made within a limited time. Objected to by the British plenipotentiaries. 8. Article 8th. Substitute, after the words "to the westward of the said lake so far as," the words " their said respective territories," instead of the words "the territories of the United States." Agreed to by the British plenipotentiaries. [9. Article 8th. Strike out from the words "and it is further agreed," to the end. Reserved by the British plenipotentiaries for the consideration of their government. 10. The American plenipotentiaries also proposed the following amendment to Article 8th, viz. “The inhabitants of the United States shall continue to enjoy the liberty to take, dry, and cure fish, in places within the exclusive jurisdiction of Great Britain, as secured by the former treaty of peace; and the navigation of the river Mississippi, within the exclusive jurisdiction of the United States, shall remain free and open to the subjects of Great Britain, in the manner secured by the said treaty; and it is further agréed, that the subjects of his Britannic majesty shall at all times have access, from such place as may be selected for that purpose, in his Britannic majesty's aforesaid territories, west, and within three hundred miles of the Lake of the Woods, in the aforesaid territories of the United States, to the river Mississippi, in order to enjoy the benefit of the navigation of that river, with their goods, effects, and merchandise, whose importation into the said States shall not be entirely prohibited, on the payment of the same duties as would be payable on the importation of the same into the Atlantic ports of the said States, and on conforming with the usual custom-house regulations." This amendment was left with the British plenipotentiaries for consideration. The American plenipotentiaries also intimated their willingness to omit Article 8th altogether, if that course should appear more advisable to the British plenipotentiaries.] The American plenipotentiaries further proposed, in conformity with their note of November 30th, indemnifications for ships detained in British ports on the breaking out of the war, and afterwards condemned; which was resisted by the British plenipotentiaries. After much discussion on this point, the conference was adjourned. Protocol of Conference on December 10th, 1814.-Ghent. The Protocol of the preceding conference, held on the 1st instant, was settled. The British plenipotentiaries stated that their government could not consent to omit the words in article 1st, "belonging to either party and taken by the other," unless some modification should be introduced, either by excepting from mutual restitution all those territories which are made by any articles of the treaty the subject of reference to commissioners, or by excepting the Passamaquoddy Islands alone. Received by the American plenipotentiaries for consideration. [The British plenipotentiaries then stated, that with respect to the 8th article, their government offered, in lieu of the American proposals, to retain the amended article as far as the words "Stony Mountains," and to insert the following stipulation: "His Britannic majesty agrees to enter into negotiation with the United States of America respecting the terms, conditions, and regulations, under which the inhabitants of the said United States shall have the liberty of taking fish on certain parts of the coast of Newfoundland, and other his Britannic majesty's dominions in North America, and of drying and curing fish in the unsettled bays, harbours, and creeks, of Nova Scotia, Magdalen Islands, and Labrador, as stipulated in the latter part of the 3d article of the treaty of 1783, in consideration of a fair equivalent, to be agreed upon between his majesty and the said United States, and granted by the said United States for such liberty aforesaid. "The United States of America agree to enter into negotiation with his Britannic majesty respecting the terms, conditions, and regulations, under which the navigation of the river Mississippi, from its source to the ocean, as stipulated in the 8th article of the treaty of 1783, shall remain free and open to the subjects of Great Britain, in consideration of a fair equivalent, to be agreed upon be tween his majesty and the United States, and granted by his majesty."] Received by the American plenipotiaries for consideration. In the 7th article the British plenipotentiaries proposed, after the words "all grants of land made previous to," to omit the words |