Page images
PDF
EPUB

tracting parties, to the officers, mariners, or other persons, being part of the crews of the vessels of the respective nations, who shall desert from the same; but that on the contrary, all such deserters shall be delivered up on demand, to the commanders of the vessels from which they shall 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 exhibition of the shipping paper or contract, or authenticated copies thereof, or by other satisfactory evidence, that the deserters so demanded were actually part of the crews of the vessels in question.

2. With a view to the more effectual execution of this article, the commanders of the vessels from which such desertions shall take place, and the consuls and vice-consuls of his Britannick majesty and of the United States, respectively, may cause to be arrested all persons who shall desert from the vessels of the respective nations as aforesaid. And for this purpose, the said commanders, consuls, and vice-consuls, shall apply to the courts, judges, and officers competent, and shall demand the said deserters in writing, and adduce proof of their desertion as aforesaid; and on this demand and satisfactory proof, the delivery shall be made. And there shall be given all necessary aid to the said commanders, consuls and viceconsuls, for the search, scizure, and arrest of the said deserters, who, if it be requested, shall be detained and kept in prison, at. the expense of those who demand them as aforesaid, until they can be put on board their own or other vessels of their nation, or be otherwise sent back to their own country: Provided, That if this be not done within three months from the day of their arrest, such deserters shall be set at liberty, and not be again arrested for the same cause.

3. It is further agreed, that no refuge or protection shall be afforded by either of the contracting parties to any non-commissioned officer or soldier 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 non-commissioned officers and 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.

4. It is however understood that nothing in these stipulations shall be construed to empower the civil, military, or naval officers of either of the contracting parties forcibly to enter into the territory, forts, posts, or vessels of the other party, or to use violence to the persons of the commanders or other officers of the forts, posts, or vessels of the other party, with a view to compel the delivery of such persons as shall desert as aforesaid.

The Secretary of the Treasury to the President.

THE Secretary of the Treasury respectfully submits the following observations, in obedience to the direction of the President of the United States.

The project of a treaty proposed by the ministry of his Britannick majesty for the reciprocal delivery of deserters from the land and naval service, does not sufficiently provide against the impressment of American seamen, and is therefore deemed inadmissible. The ideas of the Secretary of the Treasury on this subject are stated in the counter project hereto subjoined, and will be found to be essentially the same as those of the Secretary of State.

The Secretary of the Treasury fully concurs in opinion with the Secretary of State, respecting the reply proper to be given to the notes of Mr. Liston, dated 2d and 4th February last, demanding the restitution of several American vessels captured by British cruisers and rescued by the crews of said vessels.

All which is respectfully submitted, by
OLIVER WOLCOTT,
Secretary of the Treasury.

Treasury Department, April 14, 1800.

[blocks in formation]

Additional Articles proposed to be added to the Treaty of Amity, Commerce and Navigation, concluded at London, on the 19th Day of November 1794, and to form a part of said Treaty.

1. Ir is agreed that no refuge or protection shall be afforded to the officers, mariners, or other persons, being part of the crews of the vessels of the respective nations, who shall hereafter desert from the same; but that on the contrary, all such deserters shall be delivered up on demand, to the commanders of the vessels from which they shall 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 within two years after the time of desertion, by an exhibition of the shipping paper, or contract, or authenticated copies thereof, or by other satisfactory evidence, that the deserters so demanded were actually part of the crews of the vessels in question.

2. With a view to the more effectual execution of the foregoing article, the commanders of the vessels from which such desertions shall take place, and the consuls and vice-consuls of his Britannick majesty and the United States, respectively, may cause to be arrested all persons who shall desert from the vessels of the respective nations as aforesaid; and for this purpose the said commanders, consuls, and vice-consuls, shall apply to the courts, judges, and officers competent, and shall demand the said deserters in writing, and adduce proofs of their desertion as aforesaid; and on such demand and satisfactory proof as aforesaid, the delivery shall be made. 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, if it be requested, shall be kept and detained in the prisons of the country, at the expense of those who demand them as aforesaid, until they can be put on board their own or other vessels of their nation, or be otherwise sent back to their own country: Provided, That if this be not done within three months from the day of their arrest, such deserters shall be set at liberty, and not be again arrested for the same cause.

3. It is further agreed that no refuge or protection shall be afforded by either of the contracting parties, to any person who shall hereafter desert from the military land service of the other; but that, on the contrary, the most effectual measures shall be taken, in like manner and on like conditions as with respect to sailors, to apprehend any such deserters from the land service, and to deliver them to the commanding officers of the military posts, forts or garrisons, from which they shall have deserted, or to the consuls or vice-consuls on either side, or to such other persons as may be duly authorized to demand their restitution.

4. It is however understood that nothing in the foregoing stipulations shall be construed to empower the civil or any other officers, of either party, forcibly to enter the forts, posts, or any other place within or under the jurisdiction of the other party; nor to empower the naval commanders or other officers, of either party, forcibly to enter any publick or private vessel of the other party, on the high seas, with a view to compel the delivery of any person whatever on the contrary, it is expressly declared to be the understanding of the contracting parties, that the mutual restitutions of persons claimed as deserters shall only be made by the free and voluntary consent of the military officers employed in the land service, or the commanders of the publick or private ships or vessels of the two parties, or in pursuance of the decisions of the courts, judges, or other competent civil officers of the two nations, in all cases arising within their respective jurisdictions. OLIVER WOLCOTT.

April 14, 1800.

THE Secretary of War respectfully submits the following observations, in obedience to the direction of the President of the United States.

The Secretary very much doubts the soundness of the principle upon which a refusal to deliver up merchant vessels captured by a belligerent power, is founded. It ap pears to the Secretary, considering the question upon general ground, that merchant vessels belonging to a neu

tral nation, seized by a belligerent power on the high sea, for violating the laws of neutrality, cannot, agreeably to the law of nations, be rightfully retaken by a vessel of the neutral power, nor, if retaken and brought into a port of the neutral nation, rightfully withheld by that nation from the captors. It results from this principle, that a vessel or its cargo being prize or no prize cannot be rightfully determined in other tribunals than those of the nation exercising the right of capture, the right to try in the appropriate courts of the country of the captors following the right to capture.

It may be asked, is the right which a belligerent power acquires to the property of its enemy seized in a neutral vessel full and perfect? To this it may be answered, that the right thus acquired is full and perfect as relative to exempting it from capture by any neutral vessel. For, if the merchant vessel which contains the property, may, after its being seized or possessed by the belligerent power, use force to recover it, so may every other merchant vessel belonging to the neutral nation. Further, if the crews of the neutral vessels may recapture, it would seem that our vessels of war could also recapture, the contrary whereof is to be collected from the statute which authorizes recaptures of our vessels taken by the French. But the state of neutrality does not permit a neutral power to espouse, in any manner whatever, either side, or to prefer one to the other belligerent party. It is the indispensable duty of neutrals "Bello se non interponant." To recapture the property of either from the other, is a clear meddling in the war, and direct violation of every principle of neutrality.

If the property in a neutral vessel was enemy's property or contraband of war, the belligerent vessel, having once made prize of it, has a clear right to it, of which the crew of the neutral vessel cannot divest her by recapture. To the Secretary it appears a sound position, that neutral nations ought to regard the parties at war as lawful proprietors of all that they take from each other; consequently, it cannot be right for the citizens of a neutral nation to interfere to rescue from one of the belligerent powers property which he had taken belonging to the other. A neutral vessel loads with enemy goods at a known

« PreviousContinue »