The undersigned having stated, at the first conference, the points upon which his majesty's government considered the discussions between the two countries as likely to turn, cannot better satisfy the request of the American plenipotentiaries, than by referring them to that conference for a statement of the points which, in the opinion of his majesty's government, yet remain to be adjusted.

With respect to the forcible seizure of mariners from on board merchant vessels, on the high seas, and the right of the king of Great Britain to the allegiance of all his native subjects, and with respect to the maritime rights of the British empire, the undersigned conceive, that after the pretensions asserted by the government of the United States, a more satisfactory proof of the conciliatory spirit of his majesty's government cannot be given, than by not requiring any stipulation on those subjects, which, though most important in themselves, no longer, in consequence of the maritime pacification of Europe, produce the same practical results.

On the subject of the fisheries, the undersigned expressed with so much frankness, at the conference already referred to, the views of their government, that they consider any further observations on that topick as unnecessary at the present time.

On the question of the boundary between the dominions of his majesty, and those of the United States, the undersigned are led to expect, from the discussion which this subject has already undergone, that the north-western boundary, from the lake of the Woods to the Mississippi (the intended arrangement of 1803,) will be admitted without objection.

In regard to other boundaries, the American plenipotentiaries, in their note of August 24, appeared in some measure to object to the propositions then made by the undersigned, as not being on the basis of uti possidetis. The undersigned are willing to treat on that basis, subject to such modifications as mutual convenience may be found to require; and they trust that the American plenipotentiaries will show, by their ready acceptance of this

basis, that they duly appreciate the moderation of his majesty's government, in so far consulting the honour and fair pretensions of the United States, as, in the relative situation of the two countries, to authorize such a proposition.

The undersigned avail themselves of this opportunity, to renew to the American plenipotentiaries the assurance of their high consideration.

GAMBIER,

HENRY GOULBURN,
WILLIAM ADAMS.

The American to the British Commissioners.

October 24, 1814.

Ghent,

THE undersigned have the honour to acknowledge the receipt of the note of the British plenipotentiaries of the

21st instant.

Amongst the general observations which the undersigned, in their note of August 24th, made on the proposi tions then brought forward on the part of the British government, they remarked that those propositions were founded neither on the basis of uti possidetis, nor on that of status ante bellum. But so far were they from suggesting the uti possidetis as the basis on which they were disposed to treat, that in the same note they expressly stated, that they had been instructed to conclude a peace, on the principle of both parties restoring whatever territory they might have taken. The undersigned also declared in that note, that they had no authority to cede any part of the territory of the United States, and that to no stipulation to that effect would they subscribe: and in the note of the 9th September, after having shown that the basis of uti possidetis, such as it was known to exist at the commencement of the negotiation, gave no claim to his Britannick majesty to cessions of territory.

founded upon the right of conquest, they added, that even if the chances of war should give to the British arms a momentary possession of other parts of the territory of the United States, such events would not alter their views, with regard to the terms of peace to which they would give their consent.

The undersigned can now only repeat those declarations, and decline treating upon the basis of uti possidetis, or upon any other principle involving a cession of any part of the territory of the United States, as they have uniformly stated, they can treat only upon the principle of a mutual restoration of whatever territory may have been taken by either party. From this principle they cannot recede, and the undersigned, after the repeated declarations of the British plenipotentiaries, that Great Britain had no view to the acquisition of territory in this negotiation, deem it necessary to add, that the utility of its continuance depends on their adherence to this principle.

The undersigned having declared, in their note of the 24th August, that although instructed and prepared to enter into an amicable discussion of all the points on which differences or uncertainty had existed, and which might hereafter tend to interrupt the harmony of the two countries, they would not make the conclusion of the peace at all depend upon a successful result of the discussion, and having since agreed to the preliminary article proposed by the British government, had believed that the negotiation, already so long protracted, could not be brought to an early conclusion otherwise than by the communication of a project, embracing all the other specifick propositions which Great Britain intended to offer. They repeat their request in that respect, and will have no objection to a simultaneous exchange of the projects of both parties. This course will bring fairly into discussion the other topicks embraced in the last note of the British plenipotentiaries, to which the undersigned have thought it unnecessary to advert at the present time.

The undersigned renew to the British plenipotentiaries the assurance of their high consideration.

JOHN QUINCY ADAMS,
JAS. A. BAYARD,

H. CLAY,

JONA. RUSSELL,

A. GALLATIN.

The American Commissioners to the Secretary of State. Ghent, October 31, 1814.

SIR, The detention of the Chauncey at Ostend, enables us to send you the enclosed note from the British plenipotentiaries, which we have just received.

We have the honour to be, &c.

JOHN QUINCY ADAMS,
JAS. A. BAYARD,

H. CLAY,

JONA. RUSSELL,

ALBERT GALLATIN,

The British to the American Ministers. Ghent, October 31, 1814.

THE undersigned have the honour to acknowledge the receipt of the note addressed to them by the American plenipotentiaries on the 24th instant, in which they object to the basis of uti possidetis proposed by the undersigned, as that on which they were willing to treat in regard to part of the boundaries between the dominions of his majesty and those of the United States.

The American plenipotentiaries, in their note of the 13th instant requested the undersigned to communicate to them the project of a treaty embracing all the points insisted on by Great Britain, engaging, on their part, to deliver, immediately after, a contre project, as to all the articles to which they might not agree, and as to all the subjects deemed material by the United States, and omitted in the project of the undersigned.

The undersigned were accordingly instructed to wave the question of etiquette, and the advantage that might result from receiving the first communication, and, confiding in the engagement of the American plenipotentiaries, communicated, in their note of the 21st inst. all the points upon which they were instructed to insist.

The American plenipotentiaries have objected to one essential part of the project thus communicated; but before the undersigned can enter into the discussion of this objection, they must require from t American plenipotentiaries, that, pursuant to their engagement, they will deliver a contre project, containing all their objections to the points submitted by the undersigned, together with a statement of such further points as the government of the United States consider to be material.

The undersigned are authorized to state, distinctly, that the article as to the pacification and rights of the Indian nations having been accepted, they have brought forward, in their note of the 21st inst. all the propositions which they have to offer. They have no further demands to make; no other stipulations on which they are instructed to insist; and they are empowered to sign a treaty of peace forthwith, in conformity with those stated in their former note.

The undersigned trust, therefore, that the American plenipotentiaries will no longer hesitate to bring forward, in the form of articles, or otherwise, as they may prefer, those specifick propositions upon which they are empowered to sign a treaty of peace between the two countries.