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navigation or trade, to any other Nation, the Subjects or Citizens of the other Party shall fully participate therein.

XXIV. 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 co-operation of other Powers for the final and complete abolition of a trade so repugnant to the principles of justice and humanity.

XXV. And it is further agreed, that nothing herein contained shall contravene or affect the due execution of any Treaty or Treaties now actually subsisting between either of the High Contracting Parties and any other Power or Powers.

XXVI. 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 10 years, 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.+

Alterations proposed by the President of The United States.

*ART. XXVI. Period to be 5 years.

+ Add to Treaty :

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ARTICLE. 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.

ARTICLE. 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. Madison, of the 12th of April, 1804 †, of which a Copy is also hereunto annexed, or otherwise contrary to the known and established rules of the Law of Nations; and the said Merchants and others having further 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.

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In faith whereof We, the Undersigned Plenipotentiaries, on the part of His Majesty the King of the United Kingdom of Great Britain and Ireland, and the Commissioners Extraordinary and Plenipotentiaries on the part of the United States of America, have signed this present Treaty, and have caused to be affixed thereto the Seal of our Arms. Done at London this 31st day of December, 1806. (L.S.) VASSALL HOLLAND. (L.S.) JAS. MONROE. (L.S.) AUCKLAND. (L.S.) WM. PINKNEY.

(Enclosure B.)-Messrs. Monroe and Pinkney to Lords Holland and Auckland.

London, 20th August, 1806. THE Undersigned, Commissioners Extraordinary and Plenipotentiary of the United States of America, think it necessary to give to Lord Holland and Lord 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 Condemnations 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 that 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 in which they were engaged were direct or continuous between the Colonies of His Majesty's Enemies and some Port in Europe.

Although it is certain 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 formerly settled in its favour, the Undersigned believe it to be unnecessary to bring that point into view, with any reference to the Cases now under consideration. It is sufficient to state, that at the date of these Seizures the Merchants of The United States did explicitly understand, and were 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 circumstances 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 show more precisely the nature and effect of the Communication to which the Undersigned allude.

The publick 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 ViceAdmiralty 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 Great 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 imported 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 recognised 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 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 the landing the goods and paying the Duties in the Neutral Country breaks the continuity of the voyage, and is such an importation as legalizes 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 inconveniences 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 should 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, referred to in his Grace's Letter, and already above quoted.

Upon the receipt of this Communication, Mr. King transmitted it to his Government in a Letter, 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, thus unequivocally adopted by His Majesty's Government, and communicated as an act to be respected and confided in, through the American Minister, to the Government of The United States, and finally to their Citizens, and to Europe, through the medium of a publication expected and authorized, cannot in any fair construction be viewed as anything short of a formal declaration on the part of Great Britain,-that the landing of the Cargo and the payment of the Duties in the Neutral Country would be considered as

legalizing the circuitous trade, even between a Belligerent and its own Colonies.

The practice during the late and the two first years of the present War was in perfect conformity with this Document, and by that conformity increased its authority, and furnished an additional justification, if any had been required, for a dependance upon the doctrine which it announced.

In the summer of 1805, however, when a large amount of American property was afloat, undeniably entitled to the protection of the above Rule, and committed to the High Seas under an implicit reliance upon a strict adherence to it, the Rule was suddenly abandoned, and British Cruizers fell upon this trade, thus sanctioned by the express admission, as well as by the acquiescence of their Government; and these Captures are understood to have received the highest judicial sanction.

The Undersigned have no desire to dwell upon this subject. They are convinced that the liberal and equitable sentiments which distinguish His Majesty's Government, render unnecessary the farther explanation of which it is susceptible. Referring to 2 Notes from the Undersigned, Mr. Monroe to Lord Mulgrave, of the 23rd of September, 1805, and to Mr. Fox, of the 25th of February, 1806,-the Undersigned have only to declare their sincere conviction, that His Majesty's Government will not fail to see in the facts which they have had the honour to state, an irresistible call upon it to repair the injurious effects of these Seizures. As to the few Cases of this Class now depending before the Lords Commissioners of Appeal, or in other Prize Courts of His Majesty, the Undersigned feel assured that measures will be taken to cause them to be favourably disposed of, and that suitable reparation will moreover be secured to the Parties injured, for the loss and damage they have sustained. The Undersigned have the honour to transmit herewith a List of all the Cases of this Class, in which are distinguished such as are still judicially depending.

The next Class of these Cases (of which Lists and Estimates will hereafter be furnished) comprehends Captures during the existing War, contrary to the tenour of a Letter of the 5th of January, 1804, from Sir Evan Nepean to Mr. Hammond*, on the subject of the Blockade


* Sir Evan Nepean to George Hammond, Esq.

Admiralty Office, 5th January, 1804. HAVING Communicated to the Lords of the Admiralty Lord Hawkesbury's Letter of the 23rd Ultimo, inclosing the Copy of a Despatch which his Lordship had received from Mr. Thornton, His Majesty's Chargé d'Affaires in America, on the subject of the Blockade of the Islands of Martinique and Guadaloupe, together with the Report of the Advocate-General thereupon, I have their Lordships' commands to acquaint you, for his Lordship's information, that they have sent orders to Com

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