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thus unequivocally adopted by his majes- | are still judicially depending. The next ty's government, and communicated as an class of these cases (of which lists and esact to be respected and confided in, through timates will hereafter be furnished) comthe American minister, to the government prehends captures during the existing war, of the United States, and finally to their contrary to the tenor of a letter of the 5th of citizens, and to Europe through the me Jan. 1804, from sir Evan Nepean to Mr. dium of a publication expected and au- Hammond, on the subject of the Blockade thorized, cannot in any fair construction of Martinique and Guadaloupe, of which be viewed as any thing short of a formal a copy was enclosed in a letter of the 12th declaration on the part of Great Britain; of April 1804, from Mr. Merry to Mr. that the landing of the cargo and the pay- Maddison, of both of which letters copies ment of the duties in the neutral country are herewith transmitted.—The citizens of would be considered as legalizing the cir- the United States complain that they have cuitous trade, even between a belligerent suffered severely by captures, in violation and its own colonies. The practice during of the rules laid down with so much fairthe late and the two first years of the pre ness and precision in this communication, sent war was in perfect conformity with and that, where condemnations have not this document, and by that conformity en followed, compensation equivalent to the creased its authority, and furnished an ad- actual loss have not been and cannot be ditional justification, if any had been re-procured in the ordinary course by any quired, for a dependance upon the doctrine exertions on their part. The pretext for which it announced. In the summer of some of these captures has been the breach 1805, however, when a large amount of of an alleged blockade of Martinique or American property was afloat, undeniably Guadaloupe; for others, the breach of an entitled to the protection of the above imaginary blockade of Curraçoa ; and for rule, and committed to the high seas, un others, the breach of an equally imaginary der an implicit reliance upon a strict ad blockade of other ports and places. In herence to it; the rule was suddenly all of these cases either the actual investabandoned, and British cruizers fell upon ment of the particular port was wanting, this trade, thus sanctioned by the express or the vessel seized for an imputed crimiadmission, as well as by the acquiescence nal destination to it, had not been warned of their government; and these captures as required. The just extent of these are understood to have received the highest claims the undersigned are not able to judicial sanction.—The undersigned have state, but they presume it cannot be conno desire to dwell upon this subject. They siderable.--The only remaining claims are convinced that the liberal and equi- which are reducible to any precise class, table sentiments which distinguish his ma are those which relate to captures within jesty's government render unnecessary the territorial jurisdiction of the United the farther explanation of which it is sus States. Of these, as well as of some ceptible. Referring to two notes from the others of a miscellaneous nature, which undersigned, Mr. Monroe to lord Mul- the undersigned have not at present the grave, of the 23d of Sept. 1805, and to Mr. means of prescribing distinctly to lord Fox, of the 25th of Feb. 1806, the under-Holland and lord Auckland, lists shall signed have only to declare their sincere hereafter be prepared and laid before their conviction that his majesty's government lordships accompanied by suitable explawill not fail to see in the facts which they nations. The undersigned, &c. JAMES have had the honour to state, an irresistible Monroe, William PINCKNEY. call upon it to repair the injurious effects (Letter referred to in second Inclosure of these seizures. As to the few cases of of No. 1.)--To the Secretary of State this class now depending before the lords of the United States. Dated Washingcommissioners of appeal, or in other prize ton, April 12th, 1804. courts of his majesty, the undersigned Sir; Mr. Thornton not having failed to feel assured that measures will be taken transmit to his majesty's government an to cause them to be favourably disposed account of the Representation which you of, and that suitable reparation will more were pleased to address to him under date over be secured to the parties injured, for of 27 Oct. last year, respecting the blockthe loss and damage they have sustained. ade of the islands of Martinique and GuaThe undersigned have the honour to trans- daloupe, it is with great satisfaction, sir, mit herewith a list of all the cases of this that I have just received his majesty's class, in which are distivguished such as commands signified to me by his principal
secretary of state for foreign affairs, under an article on the subject of impressing seadate of the 6th Jan. last, to communicate men, together with the reasonings by to you the instructions which have in which the commissioners of the United consequence of your representation been States have urged the expediency of an sent to commodore Hood and to the judges engagement on that subject, has been conof the vice admiralty courts in the West sidered with the same friendly and conciIndies.- I have accordingly the honour to liatory disposition, which has marked transmit to you, sir, the inclosed copy of every step of the negotiation :—That his a letter from sir Evan Nepean, secretary majesty's government has not felt itself to the board of admiralty, to Mr. Ham- prepared to disclaim or derogate from a mond, his majesty's under secretary of right which has been uniformly and genestate for foreign affairs, specifying the na- rally maintained, and in the exercise of ture of the instructions which have been which the security of the British navy may given.-His majesty's government doubt be essentially involved; more especially not that the promptitude which has been in a conjuncture when his majesty is en-, manifested in redressing the grievance gaged in wars which enforce the necescomplained of by the government of the sity of the most vigilant attention to the United States, will be considered by the preservation and supply of the naval force latter as an additional evidence of his ma of his kingdom :—That his majesty's gojesty's constant and sincere desire to re vernment, actuated by an earnest desire to move any ground of misunderstanding remove every cause of dissatisfaction, has that could have a tendency to interrupt directed his majesty's commissioners to the harmony which so happily subsists be- give to Mr. Monroe and Mr. Pinckney tween his goveșnment and that of the the most positive assurances that instrucUnited States. I have &c. Ant. MERRY. tions have been given and shall be repeat(Letter referred to in second Inclosure ed and enforced for the observance of the
of No. 1. and in the preceding Letter.) greatest caution in the impressing of BriTo George Hammond esq. Dated tish seamen; and that the strictest care
Admiralty Office, 5th Jan. 1804. shall be taken to preserve citizens of the Sir; Having communicated to the lords United States from any molestation or of the admiranty ford Hawkesbury's let- injury; and that immediate and prompt ter of the 23d ultimo, inclosing the copy redress shall be afforded upon any repreof a dispatch which his lordship had re sentation of injury sustained by them :ceived from Mr. Thornton his majesty's That the commissioners of the United, chargé d'affaires in America, on the sub- States well know that no recent cases of ject of the blockade of the islands of Mar complaint have occurred, and that no protinique and Guadaloupe, together with the bable inconvenience can result from the report of the advocate general thereupon; postponement of an article subjected to so I have their lordships commands to ac many difficulties. Still that his majesty's quaint you, for his lordship’s information, commissioners are instructed to entertain that they have sent orders to commodore the discussion of any plan that can be deHood not to consider any blockade of vised to secure the interests of both states those islands as existing, unless in respect without any injury to rights to which they of particular ports which may be actually are respectively attached :—That in the invested, and then not to capture vessels mean time the desire of promoting a right bound to such ports unless they shall pre- conclusion of the proposed treaty, and of viously have been warned not to enter drawing closer the ties of connection bethem, and that they have also sent the tween the two countries, induces his manecessary
directions on the subject to the jesty's commissioners to express their judges of the vice admiralty courts in the readiness to proceed to the completion of West Indies and America. I am &c. the other articles, in the confident hope,
Evan NÊPEAN. that the result cannot fail to cultivate and (Third Inclosurse referred to in No. 1.) confirm the good understanding happily
To James Monroe esq. and Wm. subsisting between the high contracting Pinckney esq. Dated Holland House, parties; and still further to augment the Nov. 8th, 1806.
mutual prosperity of his majesty's subHis majesty's commissioners and pleni-jects, and of the citizens of the United potentiaries have the honour to represent States. Vassall HOLLAND. AUCKLAND. to the commissioners and plenipotentiaries (Fourth Inclosure referred to in No. 1.) Af the United States. That the project of -To L.Visc. Howick. March 14,1807.
[594 My lord ; In conformity with the inti and Auckland to Mr. Seoretary Canmation which your lordship was so good ning, dated July 28th, 1807. as to make to us at a late interview, rela Sir; We have received the honour of tive to certain claims and prize causes, your Letter with its several Inclosures, which had been brought into discussion in and are desirous to give the fullest inforthe course of the late negotiation, between mation in our power respecting any part his majesty's commissioners and those of of our late negotiation with the commisthe United States; we have the honour sioners of the United States. We have to transmit to your lordship, the copy of a accordingly applied our attention to that note to lord Holland and lord Auckland, passage of the Note delivered to you by in which those claims and prize causes are Mr. Monroe and Mr. Pinkney, which fully explained. It is proper to add, states that “soon after the suspension of that at the time of the signature of the the negociations, it was suggested by his Treaty, it was distinctly understood be- majesty's commissioners, that if the topic tween the commissioners on both sides, relative to Impressment should be exthat this subject was not to be affected by pressly reserved for future conventional it, but was to remain completely open for arrangement; and a pledge given to the future adjustment. We have it upon the United States for resuming the considerastatement contained in that note, and the tion of it at a convenient season, with that documents to which it refers, in perfect view; and that, if, in the mean time, confidence that it will be viewed by your such an informal understanding should be lordship with the interest which belongs substituted, as in its practical effect would to it, and that every thing which is suita remove the vexation complained of, it ble to the high and honourable character might perhaps be yet possible to conduct of his majesty's government, and the just the negotiation to a result which would claims of the United States will be done, not be unacceptable to the respective gowith relation to it, as promptly as circum- vernments. And in pursuance of this stances will permit. We have &c. suggestion, the British commissioners
JAMES MONROE. Wm. Pinkney. I presented their official note of the sth day No. 2.—Letter from Mr. Secretary of Nov. last.”—It appears to us, that'the
Canning to Lords Holland and Auck- several parts of this statement taken with land. Dated Foreign Office, July the context, have all the accuracy and ho25th, 1807.
nourable and right meaning which we exMy lords; I have the honour to inclose perienced in the whole negotiation.-to your lordships, the copies of a note When the American commissioners speak which I have received from Mr. Monroe of“ such an informal understanding to be and Mr. Pinkney, and of the several do- substituted, as would in its practical effect cuments that accompanied it ; I'submit remove the vexation complained of,” they these papers to the consideration of your do not mean, and certainly his majesty's lordships, for the purpose of calling your commissioners never meant, that there attention to that passage of the note which should be a forbearance or suspension or refers to a suggestion on the part of his discontinuance of the practice and exermajesty's commissioners, on the impress-cise of the Impressment of British seamen. ment of seamen from on board of Ameri- On the contrary, they proceed to say that can ships. It is extremely desirable that “ pursuant to the suggestion of the British his majesty's government should have the commissioners, the ofhcial note of the 8th fullest information on this important point; of Nov. was presented.” To that Note and I have to request, that your lordships we beg leave to refer.—We considered that will be pleased to state to me, whether Note, and still consider it as pledging his the representation contained in this part majesty's government to give instructions of the note of the American commissioners to British cruizers, “to be very cautious be accurate; and whether your lordships in the exercise of the right of impressing signified any such acquiescence as is there British seamen, to take the strictest care described in the implied “ informal under to preserve the citizens of the United standing, respecting the forbearance to be States from molestation or injury, and to observed by the British cruizers, in regard redress any grievances which might be to the practice of impressment of seamen sustained by them.”—When the negotiaon board of American vessels."
tion proceeded after our delivery of that I have, &c. George CANNING. Note, we thought, and still think, that the No. III. Letter from lords Holland treaty which we signed (omitting the Vol. X.
point of Impressment, and several other complained of.”. By “ the grievance points afterwards included in the proposed complained of,” I understood the commisadditional articles) was in itself compleat sioners to mean the practice of Impressand unconditional, and subject to no reser ment itself, not any abuses of that pracvation on either part, except that which tice.—Your lordships deny that any forwas expressed in our second Note of the bearance was promised, " in the sense of 30th of Dec. on the signature of the trea- any suspension or discontinuance of the ty.-If circumstances had not taken place, practice, and your lordships refer to which made it our duty to suspend the your Note of the 8th of Nov. as containsigning of the additional articles, and ing the correct statement of what you which eventually discontinued the nego- communicated to the American commistiation in our hands, we should have con- sioners.-The Note of the 8th of Nov. cersidered ourselves as bound to advert bonâ tainly promises forbearance in the practice, fide to the further pledge contained in our but not a discontinuance of the practice, official note of the sth Nov. We mean of Impressment.-I am therefore under that paragraph which states, “that no re the necessity of requesting your lordships cent cases of complaint have occurred to have the goodness to state to me, frespecting the exercise of the right of whether the Note of the 8th of Nov. does, Impressment), and that no probable incon- according to your lordships recollection venience can result from the postpone- and belief, contain the whole of what was ment of an article, subject to so many promised or held out by your lordships to difficulties; still, that his majesty's com- the American commissioners upon this missioners are instructed to entertain the point ?-Whether whatever else passed discussion of any plan that can be devised (if any thing else did pass) in conversato secure the interests of both states, with- tion, was in strict conformity to that out any injury to rights to which they are Note; implying no further concession or respectively attached.” The obvious sense forbearance on the part of Great Britain, of this paragraph, and the forms and sub- and authorizing no further expectation on stance of the compleated treaty, and the the part of the United States ? --If this be proposed additional articles appear to us so, it does appear to me that the American to leave no doubt relative to the mutual commissioners have misconceived the efunderstanding and views of those who fect of your lordships communication to were employed in a negotiation of such them; and must have represented it to importance to their respective countries. their government as implying a much We have &c. Vassal Holland. larger concession than was in fact in your
AUCKLAND. lordships contemplation. I have, &c. No. IV.-Letter from Mr. Secretary
GEORGE CANNING, Canning to Lords Holland and Auck No. V.-Letter from Lords Holland land, dated August 6th, 1807.
and Auckland to Mr. Secretary CanMy lords; In acknowledging the re ning, dated Aug. 10th, 1807. ceipt of the letter which your lordships Sir; In answer to your letter of the 6th have done me the honour to address to me, instant, we have the honour to repeat our in answer to mine of the 25th ult. I am former assurances that it is our desire as sorry to have occasion to trouble your it is our duty, to give you every possible Jordships with any further enquiry; but information respecting the negotiation I am sure that your lordships will feel that with the American Commissioners, which the point most immediately in question, his majesty was lately pleased to entrust respecting the Impressment of British sea to us.-As the points in which our answer men from American ships, is one of such to your letter of the 25th ult. has not apessential importance at the present mo- peared to you sufficiently clear and satisment, as to make it necessary for me to factory, we must again refer you to our ascertain, with as much accuracy as pos- otlicial Note of the sth of Nov. last, as sible, what has really passed between your containing a full and authentic statement lordships and the American commissioners of what was settled between us and the upon this subject.-I understood the Ame- American commissioners, with regard to rican commissioners to say, that in addition the Impressment of British seamen from to whatever passed in writing between you, on board of American ships. That Note they received from your lordships an in was delivered after many fruitless conferformal assurance of something that “ should ences, held for the purpose of devising in its practical effect remove the grievance some expedient that might reconcile the
interests and pretensions of both nations when the British commissioners presented on this important point. But finding after to us that paper, that the decree of the much careful consideration of the different government of France, to which it related, plans proposed to us, that the difficulties ought not to be considered applicable to which stood in the
any final and the United States, because such a conpermanent adjustment were at that time struction was plainly repugnant to the insurmountable, we were compelled to treaty subsisting between the United States rest satisfied with the temporary and im- and France; and likewise, because the perfect arrangement, which our Note of decree might be understood to relate only the 8th of Nov. promised to afford. We to France and the dominions subject to certainly did not then understand, nor do her arms. We alluded however, in our we now understand, that by that Note we letter of July the 24th, to circumstances, pledged our government to abstain in fu- which had occurred since the date of the ture from the practice of impressing Bri- decree, as fixing unequivocally an intertish seamen from American merchant pretation of it, which we at first supposed vessels. We certainly, however, did mean to be reasonable.Great anxiety having to pledge the British government to been excited by a different construction, make its cruizers observe the utmost which many believe the decree to be suscaution, moderation, and forbearance in ceptible of, the minister of the United the exercise of that practice; but we ne States at Paris requested of the minister of ver either expressed or implied, that they marine, who was charged with its execuwere to desist from taking British seamen tion, an explanation of the sense in which from American merchant ships. We far- it was understood by his government, who. ther engaged that our government would assured him, that it was not intended that be at all times ready to take into its se it should in any degree interfere with the rious consideration any proposal made to provisions of the treaty of 1800 between it by the American government, for the the United States and France. We relied recovery of deserters from the British also upon the fact, not only that no counnavy, who take refuge in the American tenance had been given by, any practice territory or on board of American ships, or judicial decision in France to a different without having recourse to the means construction, but that the practice was in which are at present resorted to for that precise conformity with the view above purpose. Whatever passed in conversa- suggested ; and that in a cause in which tion was, we conceive, in strict confor the question had been brought into dismity to that Note, and implied no farther cussion, the court had sanctioned the conconcession nor forbearance on the part of clusion that the treaty between the two G. Britain than extreme caution and mo nations was to be exactly fulfilled, and deration in the exercise of the right, that the decree was to be so construed as which alone, without any discontinuance, not to infringe it.-We think it proper to much less renunciation of the practice, we confine ourselves to the explanation which expressed our confident hope would be you have desired, of the passage alluded sufficient to prevent such inconveniences to in our former letter, and not to enter in and outrages as the American commis- this communication in any other respect sioners represented and contended had on the subject of the paper with which it frequently arisen from it. We have, &c. is connected. We have, &c.
Vassall HOLLAND. AUCKLAND. JAMES MONROE. WILLIAM PINCKNEY. No. VI.-Letter from Messrs. Monroe No.VII. - Letter from Mr. Secretary
and Pinckney to Mr. Secretary Can Canning to Messrs. Monroe and Pincka ning, dated Oct. 18th, 1807.
ney, dated Oct. 22d, 1807. Sir; In our interview of yesterday, you Gentlemen; The considerations which requested that we would explain the have hitherto suspended our communicaground of the opinion which is expressed tion on the subject of the treaty returned in our letter of July 24—that the occasion from America, having ceased by the terwhich induced the British commissioners mination of the discussion between Mr. to present to us the Note of the 31st Dec. Monroe and myself, respecting the ens preceding had ceased to exist. We hasten counter between the Leopard and the to comply with that request, as we shall Chesapeake, I have now the honour to do, to give an explanation of any other transmit to you the answer which I have passage in that letter which you may de- been commanded by his majesty to return sire. We were of opinion at the time to your note of the 24th July. I have, &c.