nour to leave with him at their late interview, is in the spirit of that understanding, and is besides so entirely free from objection, that no motive is likely to exist against the adoption of it. There is another subject, to which the undersigned have the orders of the president to invite the attention of his majesty's government, as affecting materially, and giving a new and unexpected character to the proposed Treaty. They allude to the written Declaration relative to the French Decree of the 21st of Nov. last, by which his majesty's plenipotentiaries accompanied their signature of the Treaty; a Declaration, which, in its actual form, creates unnecessary embarrassments in the way of an acceptance of the treaty by the United States.-The undersigned persuade themselves, that as this proceeding, to which no sanction was given on their part, imposed on the United States no new obligation, and could only be intended to declare that, in signing or ratifying the Treaty, it was understood by G. Britain that nothing contained in it would be a bar to any measure which, if no such treaty had been signed, would be lawful as a measure of retaliation against her enemy, and as the occasion which produced it does not now appear to exist as then supposed, it will not be thought that any thing is sacrificed by withdrawing it as unnecessary.--The undersigned, &c.

an informal understanding should be sub- future adjustment, as compleatly as if nostituted, as in its practical effect would re-treaty had been made; and it will occur move the vexation complained of, it might to Mr. Canning, that the project of an Arperhaps be yet possible to conduct the ticle on this point, which they had the honegotiation to a result which would not be unacceptable to the respective governments; and in pursuance of this suggestion the British commissioners presented to the undersigned on the 8th of Nov. last, the official Note, of which a copy is herewith enclosed. The undersigned transmitted to their government, for its consideration, a copy of this Note, together with a statement of the circumstances connected with it, and, without giving it their sanction, agreed in the mean time to concur with the British commissioners, as they were invited to do, in an effort to adjust the stipulations of a Treaty upon the remaining objects of their mission, and to leave the effect of what should be adjusted to their government. It appears that the president of the United States considers this collateral proceeding upon a concern of such paramount importance, as unsuitable to the nature of it, as well in the mode as in its terms. In this opinion the president does but continue to respect the considerations which heretofore induced him to believe that an arrangement upon this point ought to stipulate with precision against the practice in question, and that the manner of it would properly be that which should be chosen for the arrangement of the other points of discussion; and in the Instructions which, in conformity with that opinion, he has now given to the undersigned, he does but manifest his reliance upon the spirit of justice and amity, which he is assured his majesty's government will bring to the renewed consideration of a subject so interesting to the rights and feelings of a friendly nation, for such an adjustment of this, as well as of every other question belonging to the relations of the two countries, as shall confirm their dispositions to mutual kindness, and promote the happiness and prosperity of both.-The subject of Compensation will perhaps be sufficiently explained by the inclosed copies of two Notes from the undersigned to lord Holland and lord Auckland and to lord Howick.-It will appear from the last of these Notes, that this subject, for which the projected Treaty did not provide, was not to be affected by it; but on the contrary, that the rights of the United States and the Claims of their citizens were understood to be reserved for

JAMES MONROE, WILLIAM PINKNEY. (First Inclosure referred to in No 1.)— Copy of the TREATY OF AMITY, COMMERCE, AND NAVIGATION, between his majesty and the United States of America, concluded and signed on the 31st Dec. 1806, by the right hon. Henry Rd. Vassal lord Holland, one of his majesty's privy council and lord keeper of his majesty's privy seal, and Wm. lord Auckland one of his majesty's privy council, and president of the committee of council for all matters of trade and foreign plantations, plenipotentiaries on the part of his Britannick majesty; and James Monroe and Wm. Pinkney, commissioners extraordinary and ministers plenipotentiary on the part of the United States.

His Britannic majesty, and the United States of America, being equally desirous

Art. V. It is agreed, that no other or higher Duties shall be paid by the ships or merchandize of the one party in the ports of the other, than such as are paid by the like vessels or merchandize of all other nations. Nor shall any other or higher duty be imposed in one country on the im

cle to be construed to allow the citizens of the said States to settle or reside within the said territories, or to go into the interior parts thereof, without the permission of the British government established there; and if any transgressions should be attempted against the Regulations of the British government in this respect, the ob-portation of any articles, the growth, proservance of the same shall and may be enforced against the citizens of America in the same manner as against British subjects or others transgressing the same rule. And the citizens of the United States, whenever they arrive at any port or harbour in the said territories, or if they should be permitted in manner aforesaid, to go to any other place therein, shall always be subject to the laws, government, and jurisdiction, of whatever nature, established in such harbour, port, or place, according as the same may be. The citizens of the United States, may also touch for refreshment at the Island of Saint Helena, (5) but subject in all respects to such Regulations as the British government may from time to time establish there.

Art. 4. There shall be between all the dominions of his majesty in Europe and the territories of the United States, a reciprocal and perfect liberty of commerce and navigation. The people and inhabitants of the two countries respectively shall have liberty freely and exclusively, and without hindrance and molestation, to come with their ships and cargoes to the lands, countries, cities, ports, places, and rivers within the dominions and territories aforesaid, to enter into the same, to resort there, and to remain and reside there without any limitation of time; also to hire and possess houses and warehouses for the purpose of their commerce; and generally, the merchants and traders on each side shall enjoy the most compleat protection and security for their commerce, but subject always as to what respects this Article, to the laws and statutes of the two countries respectively. (6).

(5) After the words St. Helena,' insert or at such other places as may be in the possession of Great Britain in the African or Asiatic seas.'-(6) At the end of the Article addAnd it is further agreed, that if any other trade in and with the said British territories in the East Indies than is hereby authorized, or any other or greater rights or advantages in respect thereof shall be granted or permitted to the citizens or subjects of

duce, or manufacture of the other, than are or shall be payable on the importation of the like articles, being of the growth, produce, or manufacture of any other foreign country.(7)—Nor shall any prohibition be imposed on the exportation or importation of any articles to or from the territories of the two parties respectively, which shall not equally extend to all other nations. But the British government reserves to itself the right of imposing on American vessels entering into British ports in Europe a tonnage duty equal to that which shall at any time be payable by British vessels in the ports of America; and the government of the United States reserves to itself a right of imposing on British vessels entering into the ports of the United States, a tonnage duty equal to that which shall at any time be payable by American vessels in the British ports in Europe. It is agreed, that in the trade of the two countries with each other," the same duties of exportation and importation on all goods and merchandize, and also the same drawbacks and bounties, shall be paid and allowed in either country, whether such importation or exportation shall be made in British or American vessels.

Art. 6. The high contracting parties not having been able to arrange at present, by treaty, any Commercial Intercourse between the territories of the United States and his majesty's islands and ports in the West-Indies, agree that, until that subject shall be regulated in a satisfactory manner, each of the parties shall remain in the complete possession of its rights, in respect to such an inter

trial.

tracting parties respectively to appoint detained shall be allowed damages proporconsuls for the protection of Trade, to re- tioned to the loss occasioned thereby, toside in the dominion and territories afore-gether with the costs and charges of the said; and the said consuls shall enjoy those liberties and rights which belong to them by reason of their function; but before any consul shall act as such,, he shall be in the usual forms approved and admitted by the party to whom he is sent: And it is hereby declared to be lawful and proper, that in case of illegal or improper conduct towards the laws or government, a consul may either be punished according to law, if the laws will reach the case, or be dismissed, or even sent back, the offended government assigning to the other the reasons for the same. -Either of the parties may except from the residence of consuls, such particular places as such party shall judge proper to be excepted (8).

Art. 9. In order to regulate what is in future to be esteemed contraband of war, it is agreed that under the said denomination shall be comprized all arms and implements serving for the purposes of war by land or by sea, such as cannon, musquets, mortars, petards, bombs, grenadoes, carcasses, carriages for cannon, musquet rests, bandoliers, gunpowder, match, saltpetre, ball, pikes, swords, head pieces, cuirasses, halberts, lances, javelins, horsefurniture, holsters, belts, and generally all other implements of war; as also timber for ship building, copper in sheets, sail cloth, hemp, and cordage, and in general (with the exception of unwrought iron and fir planks; and also with the exception of tar and pitch (14), when not going to a port of naval equipment, in which case they shall be entitled to pre-emption) whatever may serve directly to the equipment of vessels; and all the above articles are hereby declared to be just objects of confiscation, whenever they are attempted to be carried to an enemy; but no vessel shall be detained on pretence of carrying contraband of war, unless some of the above-mentioned articles not excepted, are found on board of the said vessel at the time it is searched.

Art. 9. It is agreed, that in all cases where Vessels shall be captured or detained [on just suspicion of having on board enemy's property, or of carrying to the enemy any of the articles which are contraband of war (9)] or for [other (10)] lawful cause, the said vessel shall be brought to the nearest or most convenient port; [and if any property of an enemy should be found on board such vessel (11)] that part only which [belongs to the enemy or (12)] is [otherwise (13)] confiscable, shall be made prize, and the vessel, unless by law subject to condemnation, shall Art. 10. Whereas in consideration of be at liberty to proceed with the remain- the distance, and other circumstances incider of the cargo, without any impediment. dent to the situation of the high contracting And it is agreed, that all proper measures parties, it may frequently happen that vesshall be taken to prevent delay in decid- sels may sail for a port or place belonging ing the cases of ships and cargoes so to an enemy, without knowing that the brought in for adjudication, and in the same is either besieged, blockaded, or inpayment or recovery of any indemnifica-vested, it is agreed, that every vessel so tion adjudged or agreed to be paid to the circumstanced, may be turned away from masters or owners of such ships. It is such port or place, but she shall not be dealso agreed, that in all cases of unfound-tained, nor her cargo, if not contraband, be ed detention, or other contravention of the Regulations stipulated by the present Treaty, the owners of the vessel and cargo so

(8) Propose to strike out the last Paragraph.-(9) Omit the words on just suspicion of having on board enemy's property, or of carrying to the enemy any of the articles which are contraband of war.'-(10) Omit the word other, and substitute any.'-(11) Omit the words if any property of an enemy should be found on board such vessel.'-(12) Omit the words belongs to the enemy, or.' (13) Omit the word 'otherwise.'

confiscated, unless after such notice she shall again attempt to enter; but she shall be permitted to go to any other port or place she may think proper; nor shall any vessel or goods of either party, that may have entered into such port or place before the same was besieged, blockaded, or invested by the other, and be found therein after the reduction or surrender of such place, be liable to confiscation, but shall be restored to the owners or proprietors

(14) After the words tar and pitch,' add turpentine and rosin.'