belonging, found therein on the exchange of the Ratifications, and that, therefore, as some limitation must have been contemplated in the case of private as well as public property, the restriction attached, by the words immediately preceding, to the latter, was likewise applicable to the former. I regret to find that, by the view taken of this part of the Ist Article, the Government of The United States claim the Negroes, originally American, on board of the British Ships of War which happened to be within the limits of The United States at the time of the exchange of the Ratifications, as I do not conceive that it can be satisfactorily shown that this construction is sanctioned by the words of the Article; and I have no hesitation in stating my belief, founded on the best means of information, that, at the time the Article was framed, it was meant that the prohibition against carrying away Slaves and private property should be taken in connexion with the restoration of Territory, Places, and Possessions; and that if it had been supposed by His Majesty's Plenipotentiaries, at Ghent, that the words were susceptible of the construction now given to them, and that a Claim would be founded upon them for the delivering up of Persons who had sought refuge during the War on board of British Ships, their insertion would have been decidedly objected to, and others proposed. Not being, however, in possession of any Instructions from my Government upon this subject, the only steps which it is in my power to take in relation to it, is to transmit to England, and to the Naval Commander-in-Chief on this Station, Copies of your Letter; and I have no doubt that the reasoning contained in it will, in the most perfect spirit of amity, be duly and considerately examined, with the sincere desire to give that interpretation to the Article in question, which may be most consonant to justice and to its true and fair meaning. I have the honor to be, &c. The Hon. James Monroe. ANTHONY ST. JOHN BAKER. (B.)-COMMUNICATIONS from the American Commissioners in Chesapeake Bay. -1815. SIR, (1.)-Commissioner Graham to the Secretary of State. City of Washington, 28th February, 1815. I now enclose a Copy of the Correspondence between the Commissioners, appointed, on the part of The United States, to receive and make the necessary Arrangements, respecting the public and private property in possession of the British Forces within the Chesapeake Bay, to be given up, under the Ist Article of the Treaty of Peace be tween The United States and Great Britain, and Captain John Calvelle, commanding the British Forces in the Chesapeake Bay. In pursuance of the Arrangements therein made, Colonel Bayly has remained to take an Inventory of the Property and Slaves, and to endeavour to ascertain, as far as practicable, to whom they belong. The Hon. James Monroe. I have the honor to be, &c. GEORGE GRAHAM. (Enclosure 1.)-The American Commissioners to Captain Clavelle. Schooner Adeline, Chesapeake Bay, SIR, 23d February, 1815. THE Undersigned, Commissioners appointed on the part of The United States, to receive and make all necessary Arrangements concerning the Property which may be in the possession of the Forces of His Britannic Majesty in the Chesapeake, or on the Shores or Islands thereof, and which is to be delivered up and restored, agreeably to the Ist Article of the Treaty of Peace and Amity between The United States and His Britannic Majesty, concluded and signed at Ghent, on the 24th day of December, 1814, have the honor to inform you, that having exhibited to you their Powers, they are now ready to proceed to execute the trust reposed in them; and they take this occasion to observe, that under the Stipulations of the Ist Article of the said Treaty, all Slaves, and other private property, which may now be in possession of the Forces of His Britannic Majesty within the Chesapeake, are claimed, to be delivered up forthwith, and that all such as may have been removed since the 17th instant, the day on which the exchange of the Ratifications of the Treaty took place, are claimed, to be restored with all convenient despatch. We have the honor to be, &c. Captain John Clavelle, Commander of THO. M. BAYLY. His Britannic Majesty's Forces in the Chesapeake. (Enclosure 2.)-Captain Clavelle to the American Commissioners. His Majesty's Ship Orlando, in the Patuxent, 23d February, 1815. GENTLEMEN, 1 HAVE just had the honor of receiving your Communication of this day's date, stating that you are appointed, on the part of The United States, to receive and make all necessary Arrangements concerning the Property which may be in possession of the Forces of His Britannic Majesty in the Chesapeake, or on the Shores or Islands thereof, agreeably to the Ist Article of the Treaty of Peace between His Britannic Majesty and The United States; and in reply I beg to [1816-17.] T state, that I understand the Ist Article of the Treaty, relative to private and public property, thus, viz.:-all Territory, Places, and Possessions whatsoever, taken from either Party by the other during the War, or which may have been taken after the signing this Treaty, excepting only the Islands hereafter mentioned, shall be restored without delay, and without causing any destruction or carrying away any of the Artillery, or other Public Stores-or any Slaves, or other private property originally captured in the said Forts or Places, and which shall remain therein upon the exchange of the Ratifications of this Treaty. As none of the Slaves now in Tangier were captured there, I cannot feel myself at liberty to deliver them up,-far less can I give up those now serving on board His Britannic Majesty's Ships, as by entering into the Service they made themselves free men. I shall, however, give directions that the whole of those on board the different Ships, of every description, shall be discharged into this Ship, until I receive Instructions from Rear-Admiral Cockburn, to whom I shall immediately dispatch a Vessel. I have the honour to be, &c. Messrs. Bayly, Graham, and Skinner. JOHN CLAVELLE. (Enclosure 3.)- The American Commissioners to Captain Clavelle. Schooner Adeline, in the Chesapeake Bay, 23rd February, 1815. SIR, We have the honor to acknowledge the receipt of your Reply to our Communication of this date, and regret to find that you do not feel yourself at liberty to deliver up all Slaves and other private property of the Citizens of The United States, which came under your control, previously or subsequently to the date of the exchange of the Ratifications of the Treaty concluded by the Commissioners on the part of The United States and Great Britain, and still remaining within the Chesapeake, or on the Shores or Islands thereof. As, however, you have put a construction upon the Ist Article of the Treaty, which, in our estimation, the terms of it do not warrant, and difficulties have arisen in the execution of our trust which were not anticipated, it becomes our duty to ask your co-operation in taking, for the mutual satisfaction of our respective Governments, an Inventory of all Slaves and other private property within the Waters of the Chesapeake, or on the Shores or Islands thereof, and now in the possession of His Britannic Majesty's Forces, that the difference of construction placed upon the Ist Article of said Treaty may be satisfactorily adjusted, and its Stipulations executed in good faith. We are further satisfied you will perceive the propriety of furnishing us, for the information of the proper Authorities, as far as the means in your power may render it practicable, with an Account of all Slaves and other private property of Citizens of The United States, which may have been removed from the Chesapeake, or any of the Shores or Islands thereof, since the date of the Ratification of the Treaty; and in like manner with an Account of all Artillery or other public property, if any, which was, on the date of the Ratification of the said Treaty, or which may still remain, within the Forts or Places where the same was originally captured. We have the honor to be, &c. Captain John Clavelle. THO. M. BAYLY. (Enclosure 4.)-Captain Clavelle to the American Commissioners. His Britannic Majesty's Ship Orlando, GENTLEMEN, In the Patuxent, 24th February, 1815. In reply to your Communication of yesterday's date, which I had the honour of receiving last evening, I beg to state that I do conceive the terms of the Ist Article of the Treaty of Peace between His Britannic Majesty and The United States, does admit of the construction I put on it yesterday, in my Note to you, and not at all applicable to the Slaves now on Tangier Island, or those on board His Britannic Majesty's Ships under my command, now in the Chesapeake, they not having been captured "there." But in order that every thing may be perfectly understood, and properly arranged hereafter, I shall be most happy to meet your wishes for the mutual satisfaction of our respective Governments, by ascertaining and taking an Inventory of all Slaves and other private property of the Citizens of The United States, within the Waters of the Chesapeake, or on the Shores or Islands thereof, and now in the possession of His Britannic Majesty's Forces. I further state, for your information, that no Slaves or other private property has been removed from the Chesapeake, or any of the Shores or Islands thereof, since the exchange of the Ratification of the Treaty; nor has any Artillery or other public property. As soon as the weather is fine, I shall proceed to Tangier for the purpose of assisting you in taking an Inventory of the Slaves, which I certainly cannot think of giving up, until I receive Instructions on that head, conceiving they do not come within the limits of the 1st ArI have the honour to be, &c. ticle of the Treaty. SIR, JOHN CLAVELLE. (2.)-Commissioner Bayly to the Secretary of State. Accomack, 18th April, 1815. YESTERDAY Captain Clavelle, with the Orlando and Madagascar Frigates, and Schooner Bream, sailed from near Tangier Harbour for Bermuda. I enclose to you Copies of my last Letter to him and his Reply, upon the subject of the Slaves and other property, public and private, which ought not to have been carried away. The Hon. James Monroe. SIR, I have the honor to be, &c. THO. M. BAYLY. (Enclosure 1.)--Commissioner Bayly to Captain Clavelle. Accomack, 13th April, 1815. I AM informed that you intend To-morrow to leave the Chesapeake Bay, with the Ships under your command, and I wish to know your determination respecting the restoration of the Slaves and other property, public and private, which was captured from The United States and Citizens thereof during the late War, and which were in the Waters of the Chesapeake and Islands thereof, on the day the Ratification of the Treaty of Peace and Amity between The United States and Great Britain was exchanged. You have informed me of your visit to Mr. Baker, Chargé d'Affaires of His Britannic Majesty at Washington, and that you have received from Rear-Admiral Cockburn his Instructions; I may, therefore, expect your final determination, and I hope that your construction of the Ist Article of this Treaty of Amity is such that the Slaves and other property contemplated by it will not be carried away. Capt. Clavelle. SIR, I have the honor to be, &c. THO. M. BAYLY. (Enclosure 2.)- Captain Clavelle to Commissioner Bayly. In the Chesapeake, 15th April, 1815. In reply to your Communication of the 13th Instant, I beg to state that my determination is not to restore any Slaves, private or public property, captured before the exchange of the Ratification of the Treaty of Peace between His Britannic Majesty and The United States, agreeably to my Instructions from Rear-Admiral Cockburn on that head. T. M. Bayly, Esq. I have the honour to be, &c. JOHN CLAVELLE (C.)—COMMUNICATIONS from the American Agents sent to Cumberland Island.--1815. Thomas M. Newell, Captain of Sea-Fencibles, and Thomas Spalding, Esq. to Brigadier-General Floyd. SIR, Sapelo Island, 16th March, 1815. We left Darien on Sunday, the 5th Instant, and arrived at Dungeness at 4 o'clock on Monday. As we observed British Troops embark |