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mus; and according to the concurrent testimony of eight or nine masters of American vessels which had sailed in company with her from the Havanna, was loaded with Spanish property.
These circumstances affording a suficient cause of suspicion, she was ordered for Bermuda ; but the master, by the use of bribery and intoxication, succeeded in inducing the prize master and crew to permit her to be carried into the port of Baltimore,
It is unnecessary to employ arguments to prove that these irregularities are an infringement of the law of na. tions. The tenour of the instructions given by the President to the vessels of war of the United States, involves an acknowledgment of the right of the king's ships to search and detain such American vessels as are suspected of being loaded with enemies' property, or with contraband of war destined for an enemy's port. It remains that I should add, that I have now received express orders from his majesty, to claim as an act of justice (which is expected from the candour of the federal government, and the good understanding which subsists between the two countries) that the vessels, of which the masters and supercargoes have thus illegally repossessed themselves, be delivered up to me, together with the British seamen and the deserters who have assisted in rescuing them out of the hands of the prize masters, that they may be sent to some one of his majesty's colonies, to be there dealt with ac, cording to law.
Philadelphia, Feb. 2, 1800.
R. Liston presents his respects to colonel Pickering, Secretary of State.
I have the honour, sir, of enclosing a duplicate of my letter of the 18th December, to vice admiral sir Hyde Parker, soliciting the discharge of certain American sea. men said to be detained on board of his squadron on the Jamaica station; and I flatter myself it will have the desired effect, although it be not accompanied by copies of the documents attesting their citizenship. I cannot, however, omit this opportunity of calling to your remembrance what I have frequently stated in conversation, that while the papers called protections are granted with a fraudulent intention, or without a proper examination of facts, by inferior magistrates or notaries publick in the United States, and while they can easily be procured by such natural born subjects of his majesty as choose to abandon bis service in the hour of danger, it is not to be expected that any regard will be paid to them by the commanders of British ships of war. And I beg leave once more to urge you to take into consideration as the only means of drying up every source of complaint and irritation upon this head—the proposal I had the honour of making two years ago (in the name of his majesty's government) for the reciprocal restitution of deserters.
Philadelphia, Feb. 4, 1800.
1. WHEREAS, by the 28th article of the treaty of amity, Commerce, and navigation, concluded at London on the 19th day of November, 1794, between his Britannick niajesty and the United States, it was agreed, in order to facilitate intercourse, and obviate difficulties, that other articles should be proposed and added to the treaty above mentioned, which articles, from want of time and other circumstances, could not then be perfected, and that the said parties should from time to time regularly treat of and concerning such articles, and should sincerely endeavour so to form them as that they might conduce to mutual convenience, and tend to promote mutual satisfaction and friendship; and that the said articles, after having been duly ratified, should be added to and make a part of the above mentioned treaty:
2. And whereas, it will greatly conduce to the maintenance and improvement of that friendship and harmony now subsisting between the contracting parties, that measures should be taken by mutual consent for the giving up of deserters on each side :
3. Therefore, the parties have with this view appointed their respective ministers to meet, negotiate, and conclude on this subject; that is to say, his Britannick majesty, Robert Liston, Esq. his majesty's envoy extraordinary and minister plenipotentiary to the United States of America ; and the United States,
4. Who, having communicated to each other their respective full powers, have agreed on the following article
to be added to the above mentioned treaty and to form a part thereof:
ADDITIONAL ARTICLE. 5. It is agreed that no refuge or protection shall be afforded, in the territories or vessels of either of the contracting parties, to the captains, officers, mariners, sailors, or other persons, being part of the crews of the vessels of the respective nations, who shall have deserted from the said vessels; but that on the contrary, all such deserters shall be delivered up, on demand, to the commanders of the vessels from which they have deserted, or to the commanding officers of the ships of war of the respective nations, or such other persons as may be duly authorized to make requisition in that behalf, provided that proof be made by an exhibition of the register of the vessel or ship's roll, or authenticated copies of the same, or by other satisfactory evidence, that the deserters so demanded were actually part of the crew of the vessels in question.
6. With a view to the more effectual execution of this article, the consuls and vice-consuls of his Britannick majesty and of the United States may cause to be arrested all persons who have deserted from the vessels of the respective nations as aforesaid, in order to send them back to the commanders of the said vessels, or to remove them out of the country. For which purpose the said consuls and viceconsuls shall apply to the courts, judges, and officers competent, and shall demand the said deserters in writing, proving as aforesaid that they were part of the said crews, and on this demand so proved the delivery shall not be refused; and there shall be given all aid and assistance to the said consuls and vice consuls for the search, seizure, and arrest of the said deserters, who shall even be detained and kept in the prisons of the country, at their request and expense, until they shall have found an opportunity of sending them back or removing them as aforesaid. But if they be not so sent back or removed within three months from the day of their arrest, they shall be set at liberty, and shall not again be arrested for the same cause.
7. It is however understood that this stipulation is not to extend to authorize either of the parties to demand the delivery of any sailors, subjects, or citizens, belonging to the other party, who have been employed on board the vessels of either of the respective nations, and who have in time of war or threatened hostility voluntarily entered into the service of their own sovereign or nation, or. have been compelled to enter therein, according to the laws and practice prevailing in the two countries respectively.
8. It is further agreed, that no refuge or protection shall be afforded by either of the contracting parties to any soldiers who may desert from the military service of the other, but that, on the contrary, the most effectual measures shall be taken, in like manner as with respect to sailors, to apprehend any such soldiers, and to deliver them to the commanding officers of the military posts, forts or garrisons, from which they have deserted, or to the consuls or vice-consuls on either side, or to such other person as may be duly authorized to demand their restitution.
9. It is however understood that no stipulation in this additional article shall be construed to empower the civil or military officers of either of the contracting parties forcibly to enter into the publick ships of war, or into the forts, garrisons, or posts of the other party, or to use violence to the persons of the land or sea officers of the respective nations with a view to compel the delivery of such persons as may have deserted from the naval or military service of either party as aforesaid.
The Secretary of State lo Mr. Liston. Department of
State, Philadelphia, May 3, 1800. SIR,-In reference to your letter of the 20 February last, I soon after took occasion to intimate to you what appeared to be the President's way of thinking on the subject. I have now the honour to state to you, that while, by the law of nations, the right of a belligerent power to capture and detain the merchant vessels of neutrals, on just suspicion of having on board enemy's property, or of carrying to such enemy any of the articles which are contraband of war, is unquestionable, no precedent is recollected, nor does any reason occur which should require
the neutral to exert its power in aid of the right of the belligerent nation in such captures and detentions. It is conceived that after warning its citizens or subjects of the legal consequences of carrying enemy's property or contraband goods, nothing can be demanded of the sovereign of the neutral nation, but to remain passive. If, however, in the present case, the British captors of the brigantine Experience, Hewit, master, the ship Lucy, James Conolly, master, and the brigantine Fair Columbia, Edward Casey, master, have any right to the possession of those American vessels, or their cargoes, in consequence of their capture and detention, but which you state to have been rescued by their masters from the captors, and carried into ports of the United States, the question is of a nature cognizable before the tribunals of justice, which are opened to hear the captor's complaints, and the proper officer will execute their decrees.
You suggest that these rescues are an infringement of the law of nations. Permit me to assure you that any arguments which you shall offer to that point will receive a just attention.
With regard to the British seamen and deserters who have assisted in the rescues, with great truth I am authorized to assure you, that the government have no desire to retain them: but besides that the many months elapsed since those events, and the consequent dispersion of the men, would probably render their delivery impracticable, it is not known to be authorized hy any law. This has brought into view your project of stipulations for the mutual delivery of deserters, whether scamen or soldiers : and I have now the honour to enclose a counter project, by which you will see the objections which have occurred to your propositions. The President has been pleased to direct and empower me to negotiate with you on this subject, and it will afford him great pleasure if we can make a satisfactory arrangement. I have the honour to be, &c. &c.
TIMOTHY PICKERING. Robert Liston, Esq.
1. It is agreed that no refuge or protection shall be afforded in the territories or vessels of either of the con