No person, being a subject or citizen of one of the parties, and resorting to or residing in the dominions of the other, shall in any case be compelled to serve on board any vessel, whether publick or private, belonging to such other party; aud all citizens or subjects whatever of the respective parties, at this time compulsively serving on board the vessels of the other, shall be forthwith liberated, and enabled by an adequate recompense to return to their own country.

In all questions which may arise within the dominions of either power, respecting the national character of any person who claims to be a citizen or subject of the other power, due credit shall be given to such publick document as his government may have granted for his protection. And where such documents may have been lost, destroyed, or by casualty not obtained, and any person claims to be a citizen or subject of either party, such other evidence of said claim shall be received and admitted, as would be satisfactory in a court of judicature. The high contracting parties engage, that due care shall be taken that such documents shall be granted in their respective ports to such persons only as are justly entitled to them, and by suitable officers who shall be specially designated for the purpose.

ARTICLE II.

It is agreed, that no refuge or protection shall be afforded by either party to the mariners, sailors, or other persons, not found to be its own citizens or subjects, who shall desert from a vessel of the other party, of the crew whereof the deserter made a part; but 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 to such other persons as may be duly authorized to make requisition in that behalf, provided that proof be made within two years from the time of desertion by an exhibition of the ship's papers, or au

thenticated copies thereof, and by satisfactory evidence of the identity of the person that the deserters so demanded were actually part of the crew of the vessels in question.

And for the more effectual execution of this article, adequate provision shall be made for causing to be arrested, on the application of the respective consuls or viceconsuls to the competent authorities, all deserters, duly proved to be such, in order that they may be sent back to the commanders of the vessels to which they belonged, or removed out of the country. And all due aid and assistance shall be given in searching for as well as in seizing and arresting the said deserters, who shall even be detained and kept in the prisons of the country at the request and expense of the said consuls or vice-consuls, until they shall have found an opportunity of sending them back or removing them as aforesaid. But if they be not sent back or removed within three months from the day of their arrest, they shall be set at liberty and shall not be again arrested for the same cause.

GEORGE, R.

[COPY.]

GEORGE the third, by the grace of God of the united kingdom of Great Britain and Ireland, king, defender of the faith, duke of Brunswick and Lunenburgh, arch-treasurer, and prince elector of the holy Roman empire, &c. &c.

To all and singular to whom these presents shall come,

GREETING:

Whereas for the better treating of and arranging certain subjects now in discussion between us and our good friends the United States of America, the President of the United States, with the consent and by the authority of the senate and house of representatives of the said United States, has nominated, constituted and appointed James Monroe, Esq. and William Pinkney, Esq. commissioners extraordinary, to conduct the said discussion on behalf of the said United

States: and we, reposing especial trust and confidence in the wisdom, loyalty, diligence and circumspection of our right trusty and well beloved counsellor Henry Richard Lord Holland, and our right trusty and well beloved counsellor William Lord Auckland, have nominated, constituted and appointed, and by these presents do nominate, constitute and appoint them our true, certain and undoubted commissioners, procurators and plenipotentiaries, giving to them all and all manner of faculty, power and authority, together with general as well as with special orders (so as the general do not derogate from the special, nor on the contrary) for us and in our name, to meet, confer, treat and conclude with the said James Monroe and William Pinkney, being duly furnished with sufficient powers on the part of our said good friends the United States of America, of and concerning all such matters and things as may be requisite and necessary for accomplishing and completing the several ends and purposes herein before adverted to, and of and concerning all such matters and things as may tend to the mutual interests and advantage of our subjects or dominions and of those of our said good friends, and to the promoting and maintaining a mutual friendship, good understanding and intercourse between our subjects or dominions, and those of our said good friends, and for us, and in our name to sign all such article or articles, or other instruments whatsoever, as may be agreed upon between the said plenipotentiaries, and mutually to deliver and receive the same in exchange; and to do and perform all such other acts, matters and things, as may be any wise proper and conducive to the purposes above adverted to, in as full and ample manner, and with the like validity and effect, as we ourself, if we were present, could do and perform the same, engaging and promising on our royal word, that we will accept, ratify and confirm all such acts, matters and things as shall be so transacted and concluded by our aforesaid commissioners, procurators and plenipotentiaries, and that we will never suffer any person to violate the same in the whole or in * VOL. III. 6

part to act contrary thereto. In testimony and confirmation of all which, we have caused our great seal of our united kingdom of Great Britain and Ireland to be affixed to these presents, signed with our royal hand. Given at our court at St. James's the twentieth day of August, in the year of our Lord one thousand eight hundred and six, and of our reign the forty-sixth.

No. 6.

SIR,

LONDON, NOV. 11, 1806.

WE flattered ourselves at the date of our last despatch, which was of September 11th, that we should have been able to have concluded a treaty with the British commissioners, and to have transmitted it to you before this, on all the interesting topicks which are embraced by our instructions, and on terms that would be approved by our government. The disposition which had been shewn by the members of the cabinet, with most of whom we had had conversations on the subject, and the sentiments which had been expressed in our conferences by the plenipotentiaries who had been appointed to meet us, independent of other considerations of a favourable character, had inspired us with great confidence in such a result. We regret, however, to be now under the necessity of stating to you, that although every topick has been frequently taken into consideration and discussed, and there is good cause to believe that a satisfactory arrangement may be obtained of many of the great points, and an admissible one of the inferiour, that nevertheless nothing has been concluded on any point, and an insurmountable difficulty has occurred on one which is deservedly considered of the first importance to our country.

The opportunity by which we propose to forward this communication is so pressing as to time, that we fear we shall not be able to give you all the details which have attended the negotiation since the 11th of September. We shall, however, endeavour to comprise in it every circum

stance which may be necessary to convey a just idea of its present state and probable result.

You were apprized by our last of the delay to which we had been previously exposed by the indisposition of Mr. Fox. It happened unfortunately that the same cause subjected us afterwards to much interruption in the prosecution of the business, which was finally suspended altogether, for several weeks, by his death. We add, however, with pleasure, that we experienced no delay on account of Mr. Fox's indisposition, which did not appear to us, in consideration of all circumstances, to be natural and reasonable; that the business was resumed by the British commissioners as soon after his death, and interment, as a suitable respect for his memory would permit; and that it has been pursued by them since in a manner to evince an evident desire on their part to bring it to a speedy conclusion.

Our attention was naturally drawn, from the commencement of the negotiation, to its principal objects, the impressment of our seamen, and the trade with enemies' colonies, the former of which presented the most serious difficulties with this government. As we knew that the tranquillity of our country, if not its peace, was essentially connected with a suitable provision for this great interest, it seemed useless to proceed to those of minor consideration, till it should be satisfactorily disposed of. Hence the greater portion of our time and labour has been bestowed in our several conferences on this latter topick. We have said every thing that we could in support of our claim, that the flag should protect he crew, which we have contended was founded in unquestionable right, whose enjoyment it was indispensable to secure by an unqualified and positive stipulation in its favour. We have also proposed in a spirit of accommodation every suitable expedient that we could devise, consistent with that principle, to obviate the inconveniences which it was urged on the other side were likely to result from its admission. But all our efforts have so far proved ineffectual. The right was de