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munications, are generally kept uppermost-which, certainly, constitutes a real excellence in the art of Diplomatic Writing.
The official papers embraced within the scope of this division of the work are multifarious and extensive; and hence the difficulty of bringing the selection within any reasonable compass. But enough it is believed has been embodied, not only to aid the Diplomatist in his labours, but to throw considerable light on the course of our negotiations; disclosing in most instances the hinge, or turning point, on which the success of the mission or the business in treaty, has depended.
In these specimens of diplomatic writing, leading topics only are chosen; as for instance our early negotiations at the court of Versailles, which gave birth to the two important treaties of 1778, followed by interesting negotiations at other European courts, in an acknowledgment of independence—the first treaties concluded with Holland, with Sweden, and with Prussia-the Peace of 1783-Ceremony on the Reception of Foreign Ministers, by the Revolutionary Congress-Audiences of Leave, &c. -Proclamation of Neutrality, in 1793-Abortive Negotiations, with the French Directory-Purchase of Louisiana-most of the Questions that grew out of the depredations on Neutrals— the Right of Search-Blockades-Neutral Rights-Contraband -Orders in Council-French Decrees-War of 1812-Fisheries-Colonial Trade-Slave Trade-The Floridas-Boundaries -Impressment-Claims on Sweden, Denmark, France, Naples -South American Affairs-Miscellaneous Minor Questions, respecting Hayti, Sandwich Islands, Liberia, China, &c.
The body of matter, which is herewith presented, forms a brief Outline of our Diplomatic Annals, and is the result of an examination of several hundred volumes, on subjects within the scope and plan of this work.-The work will be found,
it is hoped, valuable and important, as an epitome of the principles which have governed the United States, in their negotiations with Foreign Powers, in Peace and in War, on the Great Questions of Diplomatic and International Law.
The General Index will, of course, be found useful. It furnishes the titles of all the treaties, conventions, &c., with their dates and ratifications; and, generally, the fact of their being in force, obsolete, or annulled. This Index, with a DIGEST of the articles of each instrument, will afford at a glance a synopsis of every stipulation in regular succession.
The main design of these volumes is that of the Editor, left principally to himself, to decide on the choice of appropriate materials, touching subjects, if not among the most difficult, certainly rank among the most important, profound, and exalted in the whole range of human jurisprudence. The Editor, however, aware that if there be any merit in his compilation, it must mainly depend on the faithfulness, with which he has copied the public instruments, it contains, as well on the correctness of the authorities, cited on the Law of Nations, and the accuracy of the Notes he has appended to various parts of his work. An examination of the "list of Books referred to " at the close of the Prefatory matter may enable the reader to form some idea of the extent of research, and investigation, he has made, in the prosecution of his undertaking.*
*Note. The collections of treaties in Europe, already prepared and printed, are exceedingly numerous and voluminous. An intelligent British writer on the subject, states that an entire collection of general treaties, must consist of the following books; 1st. Leibnitz's Codex, in 1693, 2dly, The Corps Diplomatique, with its Supplement, in 1739; consisting of twenty volumes in folio, to which is annexed a copious index of matters; 3dly, St. Priest's Histoire de Traites de Paix du xvii. Siccle, depuis la Paix de Vervins jusqu'a celle de Nimegue, 1725, 2 vol. in folio; and 4thly, of
The compiler is, in part, indebted for the completion of the plan of his undertaking (and for which his best thanks are due)
the Negociations Secretes, touchant la Paix de Munster et d' Osnaburg, 1725, 4 vol. in folio. These ample collections begin with the establishment of the Amphictyons; 1496 years before the birth of Christ, and end with the pacification of Geneva in 1738 :
†This celebrated assembly received its name, as well as institutions, from Amphictyon, an Athenian King; who, observing that the separate interests and dissensions which prevailed among the Grecian republics, exposed them to the invasions of their more powerful neighbours, wisely exhorted them to unite, by deputies, in one common body, which might in times of danger, concert the best measures for their mutual safety, and prevent by its salutary influence, the ill effects of private animosities and disjointed counsels. As he was a pious as well as political Prince, he put the temple of Delphi, and the sacred Territory, under the care and protection of the Amphictyonic tribunal, wisely thinking, that the public defence and public religion should be matters of a general concern to the Grecians, however divided on subjects of less importance.
Acrisius who reigned several years after at Argos, is reported to have increased the privileges, and regulated the laws, of the Amphictyons: and is for that reason esteemed by some a second founder.
The assembly met in the spring and autumn of every year, either at Delphi or Thermopyle and every city amongst the people who composed it, chose two members, the one called the Hieromnemon, and the other the Pylagoras to represent it. The former was elected by lot, and had the honor to be president of the council in his turn, to gather the voices, pronounce the decree, and administer at the sacrifices, which were made either in the name of all the Greeks, or the particular city by which he was deputed. The latter was chosen by vote,and was properly the orator of the deputation; he delivered the opinion of his state, defended it against any accusation, and took care of its interest upon all occasions. As soon as these deputies arrived at the place where the Amphictyons were convened, they offered up a sacrifice to the tutelar deity, at Delphi to Apollo, at Thermopyla to Ceres. Then they repaired to the assembly; but before they were admitted to take their seats, the following oath was tendered to them, which being the most ancient treaty, or agreement, on record, that is to be met with in the annals of time, we shall here insert
Μηδεμίαν πόλιν τῶν ̓Αμφικτυονίδων ἀνάστατον ποιησειν, μήδ ̓ ὑδάτων, ναματιαίων ἔιρξειν, μήτ' ἐν πολέμῳ, μήτ' ἐν εἰρήνῃ· ἐὰν δέ τις ταῦτα παραβῆ, στρατεύσειν ἐπὶ τᾶτον, καὶ τὰς πόλεις ἀναστήσειν· καὶ ἐάν τις ἢ συλᾷ τὰ τῇ Θες, ἢ συνίδῃ τι ἢ βελεύσῃ τι κατὰ τῶν ἐν τῷ ‘Ἱερῷ, τιμωρήσειν καὶ ποδὶ καὶ χειρί, κα φωνῇ, καὶ πάσῃ δυνάμει ̓́Ει τις τάδε παραβαίνοι, ἥ πόλις, ἤ ἰδίωσης, ἤ ἔθνΘ, ἐναγὴς ἔστω τῇ ̓ΑπόλλωνΘ, καὶ τῆς ̓Αρτέμιδῶ, καὶ Λητᾶς, καὶ ̓Αθηνᾶς Προναίας· καὶ μηδὲ γῆν καρπὺς φέρειν, μήτε γυναῖκας τέκνα τίκτειν γονεῦσιν ἐοικότα, ἀλλὰ τέρατα, μηδὲ βοσκήματα κατὰ φύσιν γονὰς ποιεῖσθαι· ἧτταν δὲ αὐτοις εἶναι πολέμε, καὶ διχῶν, καὶ ἀγορᾶν· καὶ ἐξώλεις εἶναι καὶ αὐτὸς, καὶ οἰκίας, καὶ γένΘ τὸ ἐκείνων· καὶ μήποτε ὁσίως θύσαιεν τῷ ̓Απόλλωνι, μηδὲ τῇ ̓Αρτέμιδι, μηδὲ τῇ Λητῖι, μήδ' 'Αθηνᾷ Προναίᾳ, μηδὲ δέξαιτο αὐτοῖς τὰ ἱερά.
"Never to destroy an Amphictyonic city, nor to obstruct their running waters in peace or war; and if any one transgress, in this respect, to make war upon him and "destroy his cities. And if any one should pillage the property of the god, or be an
to the courtesy of the present Secretary of State, as well as of his predecessor in office, who have permitted him to have access to
we learn further, that the first collection of public Conventions, which comprehend the interests of the European nations, was published at Hanover, in 1693, by the illustrious Leibnitz, in two folio volumes, under the title of CodexJuris Gent.Dip. From the same source, we also learn, that the first treaty ever published by authority in Great Britain, was the treaty with Spain in 1604, which was conducted by Sir Robert Cecil, the first Lord Salisbury. No treaty was printed without authority, during any preceding period. The treaties of Charles I. were published by authority. Cromwell made many treaties, because he was anxious like John IV, of Portugal, to procure the recognition of other Powers; but, it is doubtful whether he lived to publish them. The reign of Charles II. was fruitful in treaties, which were printed by authority, often singly, and sometimes collectively. The four treaties of Breda, were published by the King's special command, in 1667. A collection comprehending seventeen treaties, beginning with the Commercial Treaty with Spain, in 1667, and ending with the Algerine treaty in 1682, was printed by direction of Lord Sunderland, the secretary of state, in March 1684-5. It was in King William's councils, that it was first determined to print authoritatively the Public Conventions of Great Britain with other Powers. It was owing to that determination, that the reign of Queen Anne saw the publication of Rymer's Fœdera. The first volume, commencing with the documents of 1201, was printed in 1704; the 20th vol., ending with the papers of 1654, was given to the world in 1735.
In 1772, two volumes of treaties were published, in London, beginning with the alliance of 1679, and ending with the declarations of 1771, which concluded the British dispute about the Falkland Islands. A supplemental volume was added in 1781, comprehending public papers from 1495 to 1734, some of greater and some of less value. These treaties were republished in 1785, arranged in chronological order. Since the above general collections have been published, among the most celebrated and useful, of our time, are those of Martens, from 1761 to 1819, and those of De Koch, augmented and continued by F. Schoell, to the Treaties of Paris, in 1815.
"accomplice or adviser of any thing against the treasures in the temple, to punish him "with foot, hand, voice and all my might.
"If any one violate this oath, whether it be a city, an individual or a people, "let them be accursed of Apollo, Diana, Latona, and Minerva the provident; let not "their soil bring forth its fruits, nor their wives bear children like their parents but "monsters; nor their cattle produce according to their kind; let them be losers in war, ❝in court, and in market; let them be destroyed-they, their houses and their race; "may they never perform a pure sacrifice to Apollo, to Diana, to Latona, nor to "Minerva the provident, nor their offerings be accepted by them."
the Library of that Department, to which he found it necessary to make constant and almost daily reference. At the same time, his acknowledgments are also due to most of the Foreign Ministers, at Washington, who cheerfully consented to permit him to examine the contents of their private collections, in order to facilitate the execution of his work.
In conclusion, in committing this book of treaties into the hands of an enlightened community of his fellow citizens, the Editor will only remark, that his main object will be fully accomplished, if he has succeeded in promoting the public convenience, or in diminishing the labours of the Diplomatist. In either case he will be gratified for the pains he has taken, and for the time he has spent, in preparing it for publication.
CITY OF WASHINGTON,
February the 4th, 1834.