and the several provisions stipulated by this Article shall have full force and effect only during the continuance of the present Treaty. Art. 13. With respect to the Searching of Merchant Ships, the commanders of ships of war and privateers shall conduct themselves [as favourably as the course of the war then existing may possibly permit towards the most friendly power that may remain neuter (23,)] observing as much as possible the acknowledged principles and rules of the law of nations. And for the better security of the respective subjects and citizens of the contracting parties, and to prevent their suffering injuries by the men of war or privateers of either party, all commanders of ships of war and privateers, and all others the said subjects and citizens, shall forbear doing any damage to those of the other party, or committing any outrage against them; and if they act to the contrary, they shall be punished, and shall also be bound in their persons and estates to make satisfaction and reparation for all damages, and the interest thereof, of whatever nature the said damages may be.--For this cause, all commanders of privateers, before they receive their commissions, shall hereafter be compelled to give, before a competent judge, sufficient security, by at least two respectable sureties, who have no interest in the said privateer, each of whom, together with the said commander, shall be jointly and severally bound in the sum of 2000l. sterling; or, if such ship be provided with above 150 seamen, or soldiers, in the sum of 4000. sterling, to satisfy all damages and injuries, which the said privateers, or officers, or men, or any of them, may do or commit during their cruize, contrary to the tenour of this Treaty, or to the Laws and Instructions for regulating their conduct; and further, that in all cases of aggressions, the said commissions shall be revoked and annulled. It is also agreed, that whenever a Judge of a court of Admiralty of either of the parties shall pronounce sentence against any vessel or goods or property belonging to the subjects or citizens of the other party, a formal and duly authenticated copy of all the proceedings in the cause, and of the said sentence, shall, if required, be delivered to the commander of the said vessel, without the smallest delay, he paying all legal fees and demands for the same. Art. 14. It is further agreed, that both the said contracting parties shall not only refuse to receive any pirates into any of their ports, havens, or towns, or permit any of their inhabitants to receive, protect, harbour, conceal or assist them in any manner, but will bring to condign punish (23) Propose to introduce, as the first Paragraph of the Article, the following, If the ships of either of the parties shall be met with, sailing either along the coasts or on the high scas, by any private armed vessel of the other party, such armed vessel shall, for avoiding all disorder in visiting and examining the same, remain out of cannon shot, unless the state of the sea or placement all such inhabitants as shall be guilty of meeting render a nearer approach necessary; and shall in no case compel or require such vessel to send her boat or her papers or any person from on board to the belligerent vessel, but the belligerent vessel may send her own boat and may enter her to the number of 2 or 3 men only, who may, in an orderly manner, make the necessary enquiries concerning the vessel and her cargo: And it is agreed, that effectual provision shall be made for punishing violations of any part of this stipulation. Omit the words as favourably as the course of the war then existing may possibly permit towards the most friendly power that may remain neuter,' and insert according to the acknowledged principles and rules of the laws of nations, and as favourably, moreover, as the course of the war then existing may possibly permit towards the most friendly power that may remain neuter.' of such acts or offences.-And all their ships, with the goods or merchandizes taken by them, and brought into the ports of either of the said parties, shall be seized as far as they can be discovered, and shall be restored to the owners, or the factors or agents duly deputed, and authorized in writing by them, (proper evidence being shewn in the court of admiralty, for proving the property) even in case such effects should have passed into other hands by sale, if it be proved that the buyers knew, or had good reason to believe, or suspect that they had been piratically taken. Art. 15. It is likewise agreed, that the subjects and citizens of the two nations, shall not do any acts of hostility or violence against each other, nor accept commissions or instructions so to act from any foreign prince or state, enemies to the other party, nor shall the enemies of one of the parties be permitted to invite or endeavour to enlist in the military service any of the subjects or citizens of the other party; and the laws against all such offences and aggressions shall be punctually executed and if any subject or citizen of the said parties respectively shall accept any foreign commission, or letters of marque, for arming any vessel to act as a privateer against the other party, it is hereby declared to be lawful for the said party to treat and punish the said subject or citizen, having such commission or letter of marque, as a pirate. Art. 16. It is expressly stipulated that neither of the said contracting parties will order or authorize any acts of reprizal against the other on complaints of injuries and damages until the said party shall first have presented to the other a statement thereof, verified by competent proof and evidence, and demanded justice and satisfaction, and the same shall either have been refused or unreasonably delayed. be bond fide necessary to her being refitted; nor shall she be obliged to pay any duties whatever, except on such articles as she may be permitted to sell for the purpose aforesaid. Art. 18. It shall not be lawful for any foreign privateers (not being subjects or citizens of either of the said parties) who have commissions from any power or state in enmity with either nation, to arm their ships in the ports of either of the said parties, nor to sell what they have taken, nor in any other manner to exchange the same; nor shall they be allowed to purchase more provisions than shall be necessary for their going to the nearest port of that prince or state from whom they obtained their commissions. Art. 19. It shall be lawful for the ships of war and privateers, belonging to the said parties respectively, to carry whithersoever they please the ships and goods taken from their enemies, without being obliged to pay any fees to the officers of the admiralty, or to any judges whatever; nor shall the said prizes, when they arrive at and enter the ports of the said parties, be detained or seized; nor shall the searchers, or other officers of those places, of preventing the carrying of any part of Art. 17. [The ships of war of each of the contracting parties shall at all times be hospitably received in the ports of the other, their officers and crews paying due respect to the laws and government of the country (24).] The officers shall be treat-visit such prizes (except for the purpose ed with that respect which is due to the commissions which they bear; and if any insult should be offered to them by any of the inhabitants, all offenders in this respect shall be punished as disturbers of the peace and amity between the two countries. And both contracting parties agree, that in case any vessel of the one should, by stress of weather, danger from enemies, or other misfortunes, be reduced to the necessity of seeking shelter in any of the ports of the other, into which such vessel could not in ordinary cases claim to be admitted, she shall, on manifesting that necessity to the satisfaction of the government of the place, be hospitably received, and permitted to refit, and to purchase at the market price such necessaries as she may stand in need of, conformably to such Orders and Regulations as the government of the place, having respect to the circumstances of each case, shall prescribe. She shall not be allowed to break bulk or unload her cargo, unless the same shall prize upon the subjects or citizens of either of the said parties, but if forced by stress of weather or the dangers of the sea to enter them, particular care shall be taken to hasten their departure, and to cause them to retire as soon as possible. Nothing in this Treaty contained shall however be construed to operate contrary to the former and existing public treaties with other sovereigns or states: but the two parties agree, that while they conti nue in amity, neither of them will in future make any treaty that shall be inconsistent with this or the preceding articles. (24) Substitute the following: The ships of war and privateers of the two nations, as well as their prizes, shall be treated-Neither of the said parties shall permit in their respective ports as those of the nation most favoured.?. the ships or goods belonging to the subjects or citizens of the other to be taken within cannon-shot of the coast, nor within the jurisdiction described in Art. 12. so long as the provisions in the said Article shall be in force, by ships of war or others having commissions from any prince, republic, or state whatever. But in case it should so happen, the party whose territorial rights shall thus have been violated shall use his utmost endeavours to obtain from the offending party full and ample satisfaction for the vessel or vessels so taken, whether the same be vessels of war or merchant vessels (25). Art. 20. If at any time a rupture should take place (which God forbid) between his majesty and the United States, the merchants and others of each of the two nations, residing in the dominions of the other, shall have the privilege of remaining and continuing their trade, so long as they do it peaceably, and commit no offence against the laws; and in case their conduct should render them suspected, and the respective governments should think proper to order them to remove, the term of 12 months from the publication of the order shall be allowed them for the purpose to remove them with their families, effects, and property; but this favour shall not be extended to those who shall act contrary to the established laws: and for greater certainty, it is declared, that such rupture shall not be deemed to exist while negotiations for.accommodating differences shall be depending, nor until the respective ambassadors or ministers, if such there shall be, shall be recalled or sent home on account of such differences, and not on account of personal misconduct, according to the nature and degree of which both parties retain their rights, either to request the recall or immediately to send home the ambassador or minister of the other, and that without prejudice to their mutual friendship and good-understanding. Art. 21. It is further agreed, that his majesty and the United States, on mutual Regulations by them respectively, or by their respective ministers or officers authorised to make the same, will deliver up to justice all persons who, being charged with murder or forgery, committed within the jurisdiction of either, shall seek an asylum within any of the countries of the other; provided that this shall only be done on such evidence of criminality, (25) The two last Paragraphs to be struck out. as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the offence had there been committed. The expence of such apprehension and delivery shall be borne and defrayed by those who make the requisition, and receive the fugitive. Art. 22. In the event of a shipwreck happening in a place belonging to one or other of the high contracting parties, not only every assistance shall be given to the unfortunate persons, and no violence done to them, but also the effects which they shall have thrown out of the ship into the sea shall not be concealed or detained nor damaged under any pretext whatever; on the contrary the above mentioned effects and merchandize shall be preserved and restored to them, upon a suitable recompence being given to those who shall have assisted in saving their persons, vessels, and effects. Art. 23. And it being the intention of the high contracting parties that the people of their respective dominions shall continue to be on the footing of the most favoured nation, it is agreed that, in case either party shall hereafter grant any additional advantages, in navigation or trade, to any other nation, the subjects or citizens of the other party shall fully participate herein (26). Art. 24. The high contracting parties engage to communicate to each other, without delay, all such laws as have been or shall be hereafter enacted by their respective legislatures, as also all measures which shall have been taken for the Abolition or Limitation of the African Slave Trade; and they further agree to use their best endeavours to procure the cooperation of other powers for the final and complete Abolition of a Trade so repugnant to the principles of justice and humanity. Art. 25. And it is further agreed, that nothing herein contained, shall contravene or affect the due execution of any treaty (26) To stand thus: It is agreed, that in case either party shall hereafter grant any additional advantages in navigation or trade to any other nation, the subjects or citizens of the other party shall fully participate therein freely, where it is freely granted to such other nation, or on yielding the same compensation when the grant is conditional.' or treaties now actually subsisting between either of the high contracting parties and any other power or powers. Art. 26. This Treaty, when the same shall have been ratified by his majesty, and by the president of the United States, with the advice of their senate, and their respective ratifications mutually exchanged, shall be binding and obligatory on his majesty and on the said states for ten years (27), from the date of the exchange of the said ratification, and shall be reciprocally executed and observed with punctuality, and the most sincere regard to good faith. (27) Period to be five years.→→→→ Articles proposed.--No person whatever shall, upon the high seas, and without the jurisdiction of either party, be demanded or taken out of any ship or vessel belonging to citizens or subjects of one of the other parties, by the public or private armed ships belonging to or in the service of the other, unless such person be at the time in the military service of an enemy of such other party.-Art. 2. Complaints having been made by divers merchants and other citizens of the United States, that during the war in which his majesty is engaged, they have sustained loss and damage by reason of the irregular and illegal captures and condemnations of their vessels and other property, under colour or authority of commissions from his majesty, contrary to the tenour of a communication from lord Hawkesbury to Mr. King, of the 11th of April 1801, of which a copy is annexed to this treaty, or contrary to the tenour of a Letter from Mr. Merry to Mr. Maddison, of the 12th of April 1801, of which a copy is also hereto annexed, or otherwise contrary to the known and established rules of the law of nations; and the said merchants and others having farther complained, that full and complete redress for the said losses and damages has not been, and cannot be, for various causes, had and obtained in the ordinary course of judicial proceedings, his majesty agrees that he will, without delay, cause the most effectual measures to be taken in concert with the United States, for an impartial examination of the said complaints, and that he will cause full and complete reparation to be made thereupon to the parties entitled, as justice and equity, and the nature of the respective cases, shall appear to require. (Second Inclosure referred to in No. 1.) -To the right hon. lord Holland and lord Auckland: dated London, Aug. 20th, 1806. The undersigned, commissioners extraordinary and plenipotentiary of the United States of America, think it necessary to give to lords Holland and Auckland, the commissioners extraordinary and plenipotentiary of his majesty, a brief explanation in writing of the claims which they have already had the honour to mention to their lordships in a recent conference, of sundry American citizens, for suitable Compensation for loss and damages sustained in the course of the present war, by reason of irregular or illegal captures or condemna tions of their vessels and other property, and at the same time to call the attention of their lordships to the situation of certain Prize Causes arising out of some of these captures now depending in the tribunals of this country.-The undersigned are happy in having it in their power to state, that, according to the information they have been able to obtain, such of these Claims as relate to captures, which, from causes peculiar to themselves, have excited in America a more than ordinary degree of sensibility, are not so considerable in number as at first was supposed.— The complaints of this description, to which the undersigned would particularly invite the attention of their lordships, have been produced by seizures as prize, made in direct violation of rules of maritime practice previously declared by his majesty's government to the government of the United States, and in no degree revoked or affected by any arrangement between them, or even by any notification, they were about to be abandoned. Of these seizures, the most important, and in every view the most interesting, were made in the year 1805, and in the early part of the year 1806, of the ships and merchandize of American citizens, upon the pretension, that the voyages on which they were engaged were direct or continuous between the colonies of his majesty's enemies and some port in Europe. Although it is cerEurope.-Although tain that the government of the United States had never admitted that illegality can be imputed to such a trade, even when confessedly continuous or direct, and had concluded that the question had been otherwise formally settled in its favour, the undersigned believe it to be unnecessary to bring that point into view, with any reference to the cases now un the mere touching in the neutral country to take fresh clearances may properly be considered as a fraudulent evasion, and is in effect the direct trade; but the high court of admiralty has expressly decided, (and I see no reason to expect that the court of appeal will vary the rule), that landing the goods and paying the duties in the neutral country breaks the conti tation as legalises the trade, although the goods be-reshipped in the same vessel, and on account of the same neutral proprietors, and to be forwarded for sale to the mother country or the colony." An Extract from this Report, containing the foregoing passage, was transmitted by the duke of Portland; in a letter of the 30th of March 1801, to the lords commissioners of the admiralty. His grace's letter concludes thus: In order, therefore, to put a stop to the inconveniencies arising from these erroneous sentences of the vice admiralty courts, I have the honour to signify to your lordships the king's pleasure, that a communication of the doctrine laid down in the said report shall be immediately made by your lordships to the several judges presiding in them, setting forth what is held to be the law upon the subject by the superior tribunals, for their guidance and direction."-On the 11th of April 1801, lord Hawkesbury communicated to Mr. King, for the information of the government of the United States, a copy of the above letter of the duke of Portland, which is stated by his lordship to have been written by his majesty's command, in consequence of Mr. King's representation of the preceding month, together with a copy of the extract from the report of the king's advocate, der consideration. It is sufficient to state, that at the date of these seizures the merchants of the United States did explicitly understand, and justified in a confident belief, founded not only upon antecedent practice, but upon a formal communication, in the year 1807, to the American minister in London from his majesty's principal secretary of state for the department of foreign affairs, that the cir-nuity of the voyage, and is such an imporcumstances by which these voyages were accompanied, had been and were distinctly admitted by the British government and by British courts of prize, to break their continuity, and render them unquestionably lawful. The following detail will shew more precisely the nature and effect of the communication to which the undersigned allude. The public and private armed ships of this country having seized American vessels bound from the United States to the Spanish West Indies, on the pretext that their cargoes consisted of articles of the growth of Spain when at war with Great Britain, and the vice admiralty court of Nassau having condemned the cargo of one of these vessels upon that pretext, Mr. King in a note to lord Hawkesbury of the 13th March 1801, remonstrated against these acts as palpable abuses. The subject of this remonstrance was immediately referred to the king's advocate, whose report of the 16th March 1801, after declaring that the sentence of the vice admiralty court was erroneous, concludes with the following exposition of the law as understood in G. Britain, relative to the commerce of neutrals with belligerents and their colonies: "It is now distinctly understood, and has been repeatedly so decided by the high court of appeal, that the produce of the colonies of the enemy may be im-referred to in his grace's letter, and alported by a neutral into his own country, and may be re-exported from thence even to the mother country of such colony; and in like manner the produce and manufactures of the mother country may in this circuitous mode legally find their way to the colonies. The direct trade, however, between the mother country and its colonies have not, I apprehend, been recognized as legal, either by his majesty's government or by his tribunals.-What is a direct trade or what amounts to an intermediate importation into the neutral country may sometimes be a question of some difficulty. A general definition of either, applicable to all cases, cannot well be laid down. The question must depend upon the particular circumstances of each case. Perhaps ready above quoted. Upon the receipt of this communication Mr. King transmitted it to his government in a letter (of which a copy is annexed) containing the following observations: "I take the liberty of suggesting the expediency of publishing these copies in our newspapers, as the most expeditious means of communicating the same to the cruizing ships and privateers in the American seas. Having intimated this suggestion to lord Hawkesbury before he prepared and sent me his answer, there can be no exceptions here against such a publication." The publication was directed and took place accordingly.-The undersigned are persuaded that lord Holland and lord Auckland will at once perceive that the Report of the king's advocate, |