APPENDIX (F).

Letter from Mr. Anthony St. Jno. Baker to Lord Castlereagh, November 28, 1815.

(No. 37.)

WASHINGTON, November 28, 1815. MY LORD, I had the honour to receive on the 19th instant by the Messenger Williams, who arrived at New York in the Chesterfield Packet Boat, Earl Bathurst's Dispatches Nos. 7, 8, 9, 10 and their Enclosures, together with the Ratification of the Commercial Convention signed at London on the 5th of last July.

I lost no time in requesting an Interview with the American Secretary of State which took place yesterday, at which in compliance with the Instructions contained in Earl Bathurst's No. 8, I proceeded to point out the necessity which existed under the present circumstances of the world, of restricting the intercourse of all Ships and Vessels, British as well as foreign, with the exception only of those belonging to the East India Company, with the Island of St. Helena, and the impossibility therefore of complying with that part of the third Article of the Commercial Convention lately signed between the two Countries, by which that Island is made one of the ports of refreshment for the vessels of the United States bound to the East Indies or China. I then acquainted Mr. Monroe that I had received the Prince Regent's Ratification of the Commercial Convention, and had been empowered to proceed to the Exchange, but had been commanded in making this notification, at the same time to communicate to the Government of the United States an explicit declaration as to the intentions of His Majesty's Government with respect to the prohibition of all intercourse with the Island of St. Helena, while it should remain the residence of Napoleon Buonaparte. I remarked that the present stage of the transaction, before the Treaty had been sent to the Senate, was peculiarly appropriate for making this communication, and delivered to him a Note, a copy of which is inclosed, notifying my readiness to exchange the Ratification, and transmitting the Declaration which I had been commanded to make, stating that I had kept these papers until the day which he had appointed for the interview, in order that their delivery might be accompanied with the above declaration.

Mr. Monroe received these Notes, and after reading them attentively, observed that they would be laid before the Senate with the Treaty, and that the President would determine whether any previous communication to me respecting them was necessary. He said very little on the subject, and did not appear to consider the alteration to be of very material importance, although to be regretted, as depriving the vessels of the United States of one convenient port of refreshment.

I availed myself of this opportunity to mention, as a topic connected with the Commercial Treaty, the Order in Council equal

izing the duties in England on certain goods imported and 1395 exported in British and American Vessels, and pointed out the

want of reciprocity which existed in this Country, no corresponding measure having been adopted by the Executive of the United States. Mr. Monroe was disposed at first to assign as a reason for this, that the Order in Council referred to had never been officially communicated either to Mr. Adams or himself, but afterwards added that the Powers which the President possessed on the subject, derived from the Act repealing the discriminating duties, passed at the close of the last Session of Congress, could only be exercised towards another Nation in the event of an equalization on its part of the duties on Tonnage as well as goods, the former of which were not mentioned in the Order in Council. He observed however, that Congress was on the point of assembling, and that as a consequence of the Ratification of the Treaty, the duties both on Tonnage and Goods would be equalized in the two Countries. I endeavoured to impress upon Mr. Monroe the justice of the claim which it might be expected would be made for a remission of the Extra duties levied in the United States on British goods, subsequently to the date on which the Order in Council went into operation in England with respect to American cargoes.

I next proceeded to fulfil the instructions on the subject of the fisheries contained in the Dispatch No. 10, by recapitulating to Mr. Monroe what had passed between us on that point during the summer, recalling to his memory the note which he had addressed to me respecting the conduct of His Majesty's brig Jaseur, and my reply, and informing him that the language which I had held had been approved of by His Majesty's Government. In order to make the communication as clear and distinct as possible, I then read to him the two concluding paragraphs of Earl Bathurst's dispatch.

In reply Mr. Monroe made very few remarks, but they tended to show that his opinion respecting the claims of the United States in consequence of the peculiar character attributed by them to the Treaty of 1783, remained unshaken. He expressed a desire of availing himself of the first convenient opportunity to converse further on the topic, but gave me to understand that Mr. Adams had been directed to negotiate in London an arrangement between the two Countries respecting the forces to be maintained on the Lakes, the intercourse on the frontier, and other subjects connected with the North American Provinces, amongst which this claim of the United States might be included.

During this interview after acquainting him with the steps taken by His Majesty's Government towards the execution of the Articles of the Treaty of Ghent relating to boundary, I requested to know whether any similar measures had been adopted by the United States. He informed me that two Commissioners, Mr. Holmes of Massachusetts and General Peter B. Porter of New York, had been already appointed, and that a third would be named in a few days. I have, &c.

ANTHONY ST. JNO. BAKER.

To the Right Honble. Viscount CASTLEREAGH, K. C.,

&c. &c. &c.

'APPENDIX (G).

Answer of Great Britain to the Statement of the United States as to Statutes and Regulations to which objection is taken.

Great Britain submits that the Statement of the United States is not in compliance with the directions of the Tribunal given on the 19th July, 1910.

It gives no exposition of the grounds of objection to the various enactments referred to in the schedules, and, indeed, the statement at the end of paragraph 4 that it is not to be inferred that the United States would refuse to subject American fishermen to such regulations if it were offered an opportunity of having a voice in them, seems to imply that the United States considers the regulations therein referred to as being in themselves reasonable.

It is respectfully submitted that, in the absence of any specific grounds of objection, these regulations must be taken to be reasonable. Great Britain further submits that all these regulations are in themselves reasonable, and respectfully invites the Tribunal, in the event of its answer to Question 1 being in favour of Great Britain, to embody in the Award a statement to this effect.

In the absence of all specific grounds of complaint, it is impossible for Great Britain to do more than to state generally that all such regulations are reasonable and proper.

Great Britain submits that no ground has been laid for the request put forward in paragraph 3 of the Statement, that some of these provisions should be referred to a commission of expert specialists. The same considerations apply with regard to the enactments referred to in paragraph 6 of the Statement of the United States. August 2, 1910.

2311

Memorandum submitted on behalf of the United States, showing the recognised necessity and uniform practice in 1818 of express stipulation in order to exercise authority over Aliens enjoying Treaty Rights of Commerce, Trade, Residence, &c.

TREATIES OF THE UNITED STATES.

(References are to the official publication of the United States, "Treaties and Conventions," edition 1873).

Netherlands, 1782 (p. 610).

Article IX. "It is further agreed and concluded that it shall be wholly free for all merchants, commanders of ships, and other subjects and inhabitants of the contracting parties, in every place subjected to the jurisdiction of the two Powers respectively, to manage themselves their own business; and moreover, as to the use of interpreters or brokers, as also in relation to the loading or unloading of their vessels, and everything which has relation there to, they shall be, on one side and on the other, considered and treated upon the footing of natural subjects, or, at least, upon an equality with the most favored nation."

Prussia, 1785 (pp. 707, 708).

Article II. "The subjects of His Majesty the King of Prussia may frequent all the coasts and countries of the United States of America, and reside and trade there in all sorts of produce, manufactures, and merchandize; and shall pay within the said United States no other or greater duties, charges, or fees whatsoever, than the most favoured nations are or shall be obliged to pay: and they shall enjoy all the rights, privileges, and exemptions in navigation and commerce which the most favoured nation does or shall enjoy; submitting themselves nevertheless to the laws and usages there established, and to which are submitted the citizens of the United States, and the citizens and subjects of the most favoured nations."

Article III. "In like manner the citizens of the United States of America may frequent all the coasts and countries of His Majesty the King of Prussia, and reside and trade there in all sorts of produce, manufactures, and merchandize; and shall pay in the dominions of his said Majesty, no other or greater duty, charges, or fees whatsoever than the most favoured nation is or shall be obliged to pay: and they shall enjoy all the rights, privileges, and exemptions in navigation and commerce which the most favored nation does or shall enjoy; submitting themselves nevertheless to the laws and

usages there established, and to which are submitted the subjects of His Majesty the King of Prussia, and the subjects and citizens of the most favoured nations."

Prussia, 1799 (p. 716).

Article II. "The subjects of His Majesty the King of Prussia may frequent all the coasts and countries of the United States of America, and reside and trade there in all sorts of produce, manufactures, and merchandize, and shall pay there no other or greater duties, charges, or fees whatsoever than the most favoured nations are or shall be obliged to pay. They shall also enjoy in navigation and commerce all the rights, privileges, and exemptions which the most favoured nation does or shall enjoy, submitting themselves, nevertheless, to the established laws and usages to which are submitted the citizens of the United States and the most favoured nations."

Article III." In like manner, the citizens of the United States of America may frequent all the coasts and countries of His Majesty the King of Prussia, and reside and trade there in all sorts of produce, manufactures, and merchandize, and shall pay, in the dominions of his said Majesty, no other or greater duties, charges, or fees whatsoever than the most favoured nation is or shall be obliged to pay; and they shall enjoy all the rights, privileges, and exemptions in navigation and commerce which the most favoured nation does or shall enjoy, submitting themselves, nevertheless, to the established laws and usages to which are submitted the subjects of His Majesty the King of Prussia and the subjects and citizens of the most favoured nations."

Great Britain, 1815 (p. 344).

Article I. "There shall be between the territories of the United States of America, and all the territories of His Britannick Majesty in Europe, a reciprocal liberty of commerce. The inhabitants of the two countries, respectively, shall have liberty freely and securely to come with their ships and cargoes to all such places, ports, and rivers, in the territories aforesaid, to which other foreigners are permitted to come, to enter into the same, and to remain and reside in any parts of the said territories, respectively; also to hire and occupy houses and warehouses for the purposes of their commerce; and generally, the merchants and traders of each nation, respectively shall enjoy the most complete protection and security for their commerce, but subject always to the laws and statutes of the two countries, respectively."

1397

Sweden and Norway, 1816 (pp. 809–810).

Article I. "There shall be between all the territories under the dominion of the United States of America, and of His Majesty the King of Sweden and Norway, a reciprocal liberty of commerce. The inhabitants of either of the two countries shall have liberty, with all security for their persons, vessels, and cargoes, to come freely to all ports, places, and rivers within the territories of the other, into which the vessels of the most favored nations are permitted to enter. They can there remain and reside in any part whatsoever of the said

92909°-VOL 12-13-6