Relations with Great Britain. admitted in the ports of the other party, as above mentioned, without paying any other or higher duties or charges than those payable in the same ports by the vessels of such other party. The same duties shall also be paid, respectively, in the dominions of both parties, on the importation and on the exportation of the articles which may be imported or exported, by virtue of this article; and the same bounties shall also be allowed on the exportation thereof, whether such importation or exportation shall be in vessels of the United States or in British vessels. ARTICLE E.. Whereas it was agreed by the first article of the Treaty of Ghent, that "all territory, places, and possessions whatsoever, taken by either party from the other during the war, or which may be taken after the signing of this treaty, excepting only the islands hereinafter mentioned, shall be restored without delay, and without causing any destruction, or carrying away any of the artillery, or other public property, originally captured in the said forts or places, and which shall remain therein upon the exchange of the ratifications of this treaty, or any slaves or other private property:" and whereas doubts have arisen whether certain slaves, originally captured in certain forts and places belonging to the United States, and removed therefrom, but remaining within the territories of the United States, or on board the ships of His Britannic Majesty, lying within the harbors of the United States at the time of the exchange of the ratifications of the said treaty: are to extend under the above-recited provisions of the said treaty, the high contracting parties do hereby agree to refer the said doubts to some friendly Sovereign or State, to be named for that purpose; and the high contracting parties engage to consider the decision of such friendly Sovereign or State to be final and conclusive on all the matters so referred. No. 6. LONDON, October 7, 1818. islands, and on the coasts, bays, harbors, and creeks, from Mount Joli, on the southern coast of Labrador, to and through the Straits of Belleisle, and thence northwardly, indefinitely, along the coast: and, also, the liberty of drying and curing fish in an any of the unsettled bays, harbors, and creeks of Labrador and of the southern coast of Newfoundland, as above described; with the proviso respecting such of the said bays, harbors, and creeks as may be settled. The liberty of taking fish within rivers is not asked. A positive clause to except them is unnecessary, unless it be intended to comprehend under that name waters which might otherwise be considered as bays or creeks. Whatever extent of fishing-ground may be secured to American fishermen, the American Plenipotentiaries are not prepared to accept it on a tenure or on conditions different from those on which the whole has heretofore been held. Their instructions did not anticipate that any new terms of restrictions would be annexed, as none were suggested in the proposals made by Mr. Bagot to the American Government. The clauses forbidding the spreading of nets, and making vessels liable to confiscation in case any articles not wanted for carrying on the fishery should be found on board, are of that description, and would expose the fishermen to endless vexations. Mississippi. thorized to agree to any condition that would The American Plenipotentiaries are not aubring the British in contact with the Mississippi. The right to the navigation of that river could only be derived from the treaty of 1783; and, if much less valuable and important than the porviewed as a matter of compromise, that right is tion of the fisheries which the United States would lose by the agreement, even on the terms proposed by them. Boundary. That portion of the article which relates to the country west of the Stony mountains cannot be agreed to in its present shape. The American Mr. Gallatin and Mr. Rush present their com- Plenipotentiaries cannot consent to throw in a pliments to Mr. Robinson and Mr. Goulburn, and common stock that part only of the country to beg leave to send them the enclosed paper, con- which the United States deny the claim of Great taining some remarks on the articles handed to Britain, and which lies within the same latitudes them at the conference yesterday. They are to as their own territories east of the Stony mounbe considered as unofficial, according to the inti-tains; thus, also, implying the exclusion of their mation given yesterday, when they were pro- citizens from the trade on the northwest coast of mised, and have been drawn up merely under America, (north of 49°,) which they have enthe hope that, by possessing the British Plenipo-joyed without interruption for a number of years, tentiaries of some of the views of the American and as early as the British. Plenipotentiaries before the next meeting on the 9th, the progress of the negotiation may be accelerated. Fisheries. The American Plenipotentiaries are not authorized by their instructions to assent to any article on that subject which shall not secure to the inhabitants of the United States the liberty of taking fish of every kind on the southern coast of Newfoundland, from Cape Ray to the Ramea Nor are they authorized to agree to expressions implying a renunciation of territorial sovereignty, although perfectly disposed not to insist on an extension of the line of demarcation to that country. They will propose either that the whole of the article relating to that subject, and immediately following the words " to the Stony mountains," should be omitted, inserting, in lieu thereof, a proviso similar to what had on former occasions been agreed to, viz: "But nothing in the present article shall be construed to extend to It is agreed that a line drawn from the most northwestern point of the Lake of the Woods along the forty-ninth parallel of latitude, or, if the said point shall not be in the forty-ninth parallel of north latitude, then that a line drawn1 due north or south, as the case may be, until2 [it] shall intersect the said par allel of north latitude, and from the point of such intersection, due west, along and with the said parallel, shall be the line of demarcation between the territories of His Britannic Majesty and those of the United States; and that the said line shall form the southern boundary of the said territories of His Britannic Majesty, and the northern boundary of the territories of the United States, from the said Lake of the Woods to the Stony mountains;* and [in order to prevent any disputes as to the territorial rights of either of the contracting parties on the northwest coast of America, or anywhere to the westward of the Stony mountains, it is agreed that so much of the said country as lies between the forty-fifth and forty-ninth parallels of latitude,] together with its harbors, bays, and creeks, and the navigation of all rivers within the same, shall be free and open to the subjects and citizens of the two [States] respectively, for the purpose of trade and commerce, it being well understood that "[although, by virtue of this arrangement, the two high contractng parties agree not to exercise, as against each other, any other sovereign or territorial authority within the above-mentioned country, lying between the forty-fifth and forty-ninth parallels of latitude] this agreement is not to be construed to the prejudice of any claim which either of the two high contracting parties may have to any territorial authority in any part of the country, lying within the said limits,] nor shall it be taken to affect the claim of any other Power or State to any part of the said country; the only object of the two 1 from the said point, A. 3 it is further agreed that so much of the country on the Northwest coast of America, or anywhere to the westward of the Stony mountains, as may be claimed by, or be in the possession of, either of the two parties, 4 Powers, 5 6 aforesaid, Or all the words that follow to be omitted, and the following to be inserted in lieu thereof, viz : "But nothing in the present article shall be construed to extend to the Northwest coast of America, or to erritories belonging to, or claimed by, either party, on the continent of America, westward of the Stony mountains." Relations with Great Britain. high contracting parties being to prevent disputes and differences between themselves. ARTICLE. Whereas it was agreed, by the first article of the Treaty of Ghent, that "all territory, places, and possessions whatsoever, taken by either party from the other during the war, or which may be taken after the signing of this treaty, excepting only the islands hereinafter mentioned, shall be restored without delay, and without causing any destruction, or carrying away any of the artillery, or other public property, originally captured in the said forts or places, and which shall remain therein upon the exchange of the ratifications of this treaty, or any slaves, or other private property:" and whereas [doubts have arisen whether certain slaves, originally captured in certain forts and places belonging to the United States, and removed therefrom, but remaining within the territories of the United States, or on board the ships of His Britannic Majesty lying within the harbors of the United States, at the time of the exchange of the ratifications of the said treaty, are to be restored under the above-recited provisions of the above treaty,] the high contracting parties do hereby agree to refer the said [doubts to some friendly Sovereign or State, to be named for that purpose,] and the high contracting parties engage to consider the decision of [such friendly Sovereign or State to be] final and conclusive on all the matters referred. OCTOBER 12, 1818. B. 1 under the aforesaid article, the United States claim for their citizens, and as their private property, the restitution of, or full compensation for, all slaves, who, at the date of the exchange of the ratifications of the said treaty, were in any territory, places, or possessions whatsoever, directed by the said treaty to be restored to the United States, but then still occupied by the British forces, who were afterwards removed or carried away by the said forces, whether such slaves were, at the date aforesaid, on shore, or on board any British vessels lying in waters within the territory or jurisdiction of the United States: and whereas differences have arisen whether, by the true intent and meaning of the aforesaid article of the Treaty of Ghent, the United States are entitled to the restitution of, or full compensation for, all slaves as above described, 2 differences to His Imperial Majesty the Emperor of all the Russias, No. 8. Mr. Gallatin and Mr. Rush present their compliments to Mr. Robinson and Mr. Goulburn, and beg leave to state that, on full consideration, since the meeting on Friday, they do not feel themselves authorized to consent to the condition annexed to the second article of the projet on impressment, which declares that "none other than the persons whose names shall be included in the said lists shall be deemed to fall within the said exception." Their reasons are stated in the enclosed unofficial memorandum. Mr. G. and Mr. R. give this notice of their disagreement previous to the meeting fixed for to morrow, in the hope that, if the alteration which they have heretofore proposed should not, contrary to their expectations, be found acceptable, some other amendment or modification may suggest itself to the British Plenipotentiaries, rather than that the arrangement should fall through. MEMORANDUM. Lists of seamen naturalized. It is required by the British Plenipotentiaries that persons whose names shall not appear on the lists of naturalized seamen, to be mutually furnished by the two Governments, shall not be considered as falling within the exception contemplated by the agreement; that is to say, that such persons, although naturalized, shall, re 3 his said Imperial Majesty spectively, be excluded from the public or private marine of either party. But it is impracticable for the Government of the United States to procure complete lists of naturalized seamen, for the following reasons: Prior to the year 1790, aliens might be naturalized according to the laws of the several States; and it is known that, in some of them, (Pennsyl vania for instance,) the naturalization took place before justices of the peace. In these cases, and also when the records of a court may have been destroyed, it would be found difficult, if not impossible, to obtain any other evidence of the naturalization than the certificate given at the time to the naturalized person. vious residence has varied, the mode has been Since the year 1790, although the term of preuniform. Aliens have been naturalized only in conformity with the laws of the United States, and before such courts of record as were designated by those laws. But that designation embraced not only the courts of the United States, properly so called, but also the courts of the several States, including even those of a subordinate jurisdiction, amounting, together, to several hundred. It is necessary to add, that minor children of naturalized persons, if dwelling in the United States, become, also, by virtue of their father's naturalization, ipso facto, naturalized themselves. Relations with Great Britain. If an attempt is made to compile the lists required from the records of the several courts, a first and leading objection is, that the courts of the several States, not being bound to obey in that respect the orders of the General Government, it will be optional with them whether the clerks shall abstract from the records of thirty years those of the naturalization of aliens which are interspersed among them, and transmit those abstracts to the Government of the United States. But, supposing that every one of those courts should comply with the order, the lists must contain the names of all the British natural born subjects, (and for the year 1790 to 1795, during which time no discrimination of birthplace was recorded, of all aliens,) who have been naturalized for a period of thirty years, without pointing out those who were seamen ; no specification of the profession or calling of the parties ever having been required by law to be entered on the records. And those lists, although containing the names of many thousand persons, not seamen, would be defective, by the total omission of the names of the minor children above mentioned, their names not having been directed, by law, to make a part of the record, and the burden of the proof of their citizenship resting with themselves. There is but one other source of information from which the lists required might be partially obtained. The collectors of the customs have been required, by a law passed in 1796, to keep books, in which the names of seamen, citizens of the United States, should, on their application, be entered. It is known that this law was never fully complied with, and that the returns are defective. But, even in the cases where the collectors have complied with it, the registers must necessarily be incomplete, since no names were entered but on the application of the parties; besides which, the names of the native citizens were not, by the law, directed to be distinguished from those of naturalized persons. to a condition involving such results. They are expressly bound by their instructions, whilst admitting, as a general principle, that neither Government shall employ, in its public or private marine, the natural born subjects or citizens of the other country, to except from its operation all those who shall have been naturalized prior to the treaty. That exception has been mutually assumed as one of the foundations of the agreement; and the effect of the condition alluded to would necessarily be that a portion only of the persons thus previously naturalized in the United States would be embraced by the exception. The American Plenipotentiaries beg leave to add that the condition appears to them unnecessary. According to that which they propose, every British natural-born subject, not included in the lists, and claiming to be employed as a seaman on board an American vessel, must adduce proofs of his having been naturalized prior to the exchange of ratifications. He must produce either the original certificate of his naturalization, or an authentic copy, attested as such by the proper court. If claiming as a minor, by virtue of his father's naturalization, he must, in addition, produce legal proofs of the fact. In the cases for which the condition is intended to provide, proofs may always be given similar to those which, in every case, would be admitted as conclusive by the laws of Great Britain, as well as by those of the United States. Finally, the right reserved to either party of annulling the agreement at will, affords security in this case as well as in all others. This reservation, which had not been contemplated by the Government of the United States, has been acceded to by their Plenipotentiaries, in order to remove every objection to the arrangement, and to avoid the necessity of entering into details respecting the measures necessary to carry it into effect. Great Britain being thereby effectually secured against every risk, and holding in her own hands a complete remedy against deviations from the terms of the compact in all cases, no necessity appears to exist for an additional security on this particular point. No. 9. Protocol of the seventh conference between the American and British Plenipotentiaries, held at Whitehall, on the 13th of October, 1818. Present: Mr. Gallatin, Mr. Rush, Mr. Robinson, Mr. Goulburn. From this statement of facts, it follows that, although partial lists may be compiled, which will contain the names of many naturalized British seamen, those lists will still be very imperfect. If the condition now urged was complied with, the consequence would be that aliens, naturalized prior to the treaty, who have become citizens of the United States on the faith of a public law, and are thereby entitled to every political and civil right enjoyed by native citizens, The British Plenipotentiaries acquiesced in (that of becoming President or Vice President of the amendment proposed at the preceding conferthe United States only excepted,) would, by a ence by the American Plenipotentiaries, in the retrospective, and therefore unconstitutional act, article respecting captured slaves, except as far be deprived not of a privilege merely political, as related to the insertion in the article of the but of the right of exercising the only profes-name of any particular Power. sion they have for the support of themselves and their families. And minors, too, who have never known any other country but America, would be precluded from following the seas when they came to a proper age. The American Plenipotentiaries cannot assent They brought forward new articles (A, B, C, D, E) respecting the fisheries, the boundary, impressment, and maritime points, and accompanied the articles D with the annexed memorandum E. They agreed to the omission of the article respecting the Mississippi. Relations with Great Britain. It was agreed to meet again on Monday, the 19th instant. ALBERT GALLATIN, Whereas differences have arisen respecting the liberty claimed by the United States for the inhabitants thereof to take, dry, and cure fish on certain coasts, bays, harbors, and creeks of His Britannic Majesty's dominions in America: It is agreed between the high contracting parties that the inhabitants of the said United States shall have, forever, in common with the subjects of His Britannic Majesty, the liberty to take fish of every kind on that part of the southern coast of Newfoundland, which extends from Cape Ray to the Ramea islands, on the western and northern coast of Newfoundland, from the said Cape Ray to the Quirpon islands, on the shores of the Magdalen islands, and also on the coasts, bays, harbors, and creeks, from Mount Joli, on the southern coast of Labrador, to and through the Straits of Belleisle, and thence, northwardly, indefinitely, along the coast, without prejudice, however, to any of the exclusive rights of the Hudson's Bay Company; and that the American fishermen shall also have liberty, forever, to dry and cure fish in any of the unsettled bays, harbors, and creeks of the southern part of the coast of Newfoundland, hereabove described, and of the coast of Labrador; but so soon as the same, or any portion thereof, shall be settled, it shall not be lawful for the said fishermen to dry or cure fish at such portion so settled, without previous agreement for such purpose with the inhabitants, proprietors, or possessors of the ground. And the United States hereby renounce, forever, any liberty heretofore enjoyed or claimed by the inhabitants thereof to take, dry, or cure fish, on or within three marine miles of any of the coasts, bays, creeks, or harbors of His Britannic Majesty's dominions in America, not included within the above-mentioned limits: Provided, however, That the American fishermen shall be admitted to enter such bays or harbors for the purpose of shelter, and of repairing damages therein, of purchasing wood and obtaining water, and for no other purpose whatever. But they shall be under such restrictions as may be necessary to prevent their taking, drying, or curing fish therein, or in any other manner whatever abusing the privileges hereby reserved to them. ARTICLE B. with the said parallel, shall be the line of demarcation between the territories of His Britannic Majesty and those of the United States; and that the said line shall form the southern boundary of the said territories of His Britannic Majesty and the northern boundary of the territories of the United States, from the Lake of the Woods to the Stony mountains. But nothing in the preceding part of this article shall be construed to extend to the northwestern coast of America, or to territories belonging to, or claimed by, either party, on the continent of America westward of the Stony mountains; and any such country as may be claimed by either party westward of the Stony mountains, shall, together with its harbors, bays, and creeks, and the navigation of all rivers within the same, be free and open to the vessels, subjects, or citizens of the two Powers, respectively, for the purposes of trade and commerce. It being well understood that nothing contained in this article shall be taken to affect the claims of any other Power or State to any part of the said country; the only object of the two high contracting parties being to prevent disputes and differences between themselves. ARTICLE C. His Majesty the King of the United Kingdom of Great Britain, &c., and the United States of America, animated with an equal desire to prevent, by conventional regulations, the recurrence of inconveniences which have heretofore arisen from the employment of the natural born subjects of His Britannic Majesty in the public or private marine of the United States, and from the employment of the natural born citizens of the United States in the public or private marine of His Britannic Majesty, have nominated Plenipotentiaries to negotiate a convention for this desirable object. His Majesty the King of the United Kingdom of Great Britain and Ireland, &c., has nominated the right honorable Frederick John Robinson, &c., and Henry Goulburn, Esq., &c., and the President of the United States has nominated Albert Gallatin, Esq., and Richard Rush, Esq., &c., who, having exchanged their full powers, found in good and due form, have agreed upon and signed the following articles: 1. The high contracting parties engage and bind themselves to adopt, respectively, without delay, the most effectual measures for excluding, respectively, from serving either in their public or private marine, the natural born subjects and the natural born citizens of the other party; that is to say: His Majesty the King of the United It is agreed that a line drawn from the most Kingdom of Great Britain and Ireland, for ex northwestern point of the Lake of the Woods, cluding the natural born citizens of the United along the forty-ninth parallel of north latitude, States from serving either in the public or pri or, if the said point shall not be in the forty-vate marine of his dominions; and the United ninth parallel of north latitude, then, that a line drawn from the said point due north or south, as the case may be, until the said line shall intersect the said parallel of north latitude, and from the point of such intersection, due west, along and States, for excluding the natural born subjects of His Britannic Majesty from serving either in the public or private marine of the United States; and such measures, when adopted, shall be im mediately communicated by each party to the |